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04-27-64 APRIL 27, 1964 A regular meeting' of~the Ci~y(C~uncil~of Delray Beach was held in the CoUncil Chambers at 8~00P~.M,, withMayor Al. C. Avery in the Chair, City Attorney John Ross Adams, City ManagerRobert J. Holland, and Councilmen Emory J, Barrow, J. LeRoy Croft; J~ck L. SauDd~rs and George Talbot, Jr., being present. 1. An opening pray~rwas delivered by Rev. J. R. Evans. 2. The minutes of the regular CounciI meeting of Apri113th, 1964 were unanimously approved on motion bY Mr. Saunders and conded by Mr. ~roft. .' 3. Mrs.-virginia Meyers, Il4 N. W. 6thStreet, Secretary of the Community Relations COmmittee, addressed the COuncil~and'commented as follows= "As~you know, the Com~unityRelations Committee is in- terested in the improvement of living conditions in those areas of the City thathave bee~allowed to deteriorate, we do not think that occasiona~ olea~-uP:drivesare of. any great help, and this committee would like to in~tiate neighborhoodimprovement projects, with the help of the Council and volunteer, organizations. As a first step, we wo~ldselect a neighborhood on the advice of the~City Manager. we WOuld then try to enlist the support of as many resi- dents of that, neighborhood as possible. We think thatit would be most helpful if allresidents knew exactly what is. required of.them by City ordinances, sows would like to have fliers, printed, contain- ing the sUbstanCe of'thehealth and sanitation ordinances. We plan to have these distributedto each resident of the neighborhoodby volunteers~ We would thenask th~ City Manager to designate a clean- up dayfor that neighborhood alone. A second notice would then be delivered with a date for clean-up day and the regular garbage and trash collection...These dates,would be stamped'for: each neighbor- hood. The second flier would, also contain suggestions, rather than ordinances, for improvement and beautification. We have a bid of $28.00 for 3,000 of'the first circular and:$1~.l$ for 2,00Oi for the second. There'~iSconSiderable saving in printing enoughforthe entire project, that~would extend over a couple, of years, Isuppose. Our first re~ueet;, therefore, te for permiSs~onand $44.15 to print circulars, which ar~ to be approved by the City Attorney and the City Manager, for this neighborhood improvement project.' To be successful, this project must have'official Support. we do not anticipate that it will cost muCh,'but..itwill require the time. and! attention of some City employees. For instance, we have found that in somesections, the residents must put their garbage cane at the curb~ and since most of them work all day, the ~ans remain at the curb until evening. We know that the. Sanitation Department works on a tight schedule and an even tighter budget, so may We'suggest. that the Council refer this matterto~the CityManager for study, and hope that he will reach a solution. We wouldalso appreciate a directive to City employees, giving them permission to cooperate when their assistance is asked, and we be given the f~rst step of this, and as we feel our way, we will take the second and third steps, and we hope for pexmanent im- provement. We feel the results will be worth the City employees, time and yours, ofcoursel Thank you," Mayor Avery said-this proposed project is in-~ine with what is desired, and'asked wherethe moneywould he,brained from if this project is Undertake~.' Finance Director Weber'said the money would have. to come from the Contingency Account of the General.~Fund and would be' placed in the Civic Betterment AUcount'No.~17¢~ Mr;~:Weber reported a balance of $29,940.00 in the Contingency AccoUnt. It was ~ointed out that most of this project would~ come under the administration of the City Manager, but the Counc~! would have to 4-27-64 authorize the transfer of money to-take.care of same. Mrs. Meyers explained that this project was only experimental, and would be conducted through a-.neighborhood association of. resi- dents, and it was the .desire. that' Civic groups would cooperate in this project, City Manager, Holland~ said this had been discussed with. him and two blocks had been picked for an experiment on this educational program, further, that it would probably require some City employees working one fSaturday;in addition to what. the Community Relations Committee had requested tonight. FollOwing discussion, Mr. Talbot moved to approve the recom- mendations of the Community Relations Committee. The motion was seconded by Mr. Saunders and carried unanimously. Mr. Croft then moved to approve the transfer of $44.15 from the Contingency Acco~lnt of the ~eneral Fund,-to'the Civic Betterment Fund, as recommended by the Community Relations Committee, the motion being seconded by Mr. Saunders and unanimously carried. 3. Mrs. Alvina Beiderman, 55½ S. E. 6th~Avenue, addressed the Council and informed them that she had been a tenant at that location for more than eleven years and now the building is to be torn down for a City parking lot, further, that she had talked with City Manager Holland and he would present her problem to the Council. City Manager Holland informed the Council that Mrs. Beide~man resides in a residence located on the property commonly known as the King property, that the City obtained for.a parking lot, and that she will be subjected to Considerable expense to move and has asked if the Council would consider not charging her rent during the. last month that she lives on said property, which rent amounts to $40.00. City Manager Holland recommended that the request be granted, and it was so moved by Mr. Barrow. The motion was seconded by Mr. Croft and carried unanimously. Mrs. Beiderman expresse~ her appreciation and thanks to the Council for their action on her request. 3. captain Oscar Woods of Delray. Shores addressed the Council and asked that he be granted a franchise for operation of a passenger carrying boat tO operate out of Delray Beach from the Delray Beach Yacht Club,to make trips to Fort Lauderdale and West Palm Beach, alternating daily during the season. Out of season, the operation of said boat would be only on week-ends.- Fur~ther, this franchise would cover a boat carrying more than six passengers, and he would plan on operating a boat with fifty.~to seventy,five passengers. Mayor Avery said he felt a motion was in order for the City Manager and City Attorney to prepare the proper franchise agreement for Council consideration, it being so moved by Mr. Saunders and seconded by Mr. Talbot. During discussion, it was pointed out that Captain Woods would confer with the City Attorney and City Manager and a franchise agree- ment will be worked out that is acceptable to both Mr. Woods and the City, and this franchise agreement would be presented to the Council at their next regular meeting for consideration. Upon call of roll, the motion carried unanimously. 3. Mrs. Clarence Plume, representing the League of women Voters of South Palm Beach County, extended an invitation' to thp, Council and the public, to a coffee at 9=00 A.M., Thursday, April ~0th, at the Hidden Valley Country Club, and informed the Council ~hat the candi- dates for Superintendent of Public Instruction had been asked to be present to express their views and opinions on certain questions. Mrs. Plume left some candidate sheets for distribution, which expressed the feeling of the candidates for Governor and some of the other state-wide ,candidates. -2- 4-27-64 4.a. A roll call showed the following Civic Organizations and re- presentatives to be in. attendance: Tropic Isle Civic ASsociation Mr. William Mudge Breezy Ridge Estates Mr. John Sword Jaycees Mr. Charles GWynn League of Women Voters Mrs. Clarence Plume Planning/Zoning Board ~ol. Andrew L. Fab~ns 5. City Clerk Worthing read a letter from the Jaycees, dated April 27th, 1964, signed by their president, Mr..Charles B. GWynn, commend- ing and thanking the Delray Beach Police Department for their splendid cooperation in helping with the Sabin on Sunday (polio vaa~$ne) pro- gram. Mr. Gwynn presented Police Chief Croft with a certificate of appreciation to the PoliceDepartment for their cooperation in this project, and in other projects that have been conducted by the Jaycees, for the betterment of the community. 5. City Clerk Worthing read a public release from City Manager Holland, dated April 27th, in which the City Manager informed the public that Article II, Section 5-4 and Section 5-6, concerning dog license, would' be enforced, effective June 1,. 1964. Also in said public release, for the public's information, Section 5-5,relative to procedure in applying for such license.was quoted. 5. Mayor Avery invited Attorney Neil MacMillan and Attorney John Moore to the Council table and read a PROCLAMATION proclaiming LAW DAY U.S.A. to be May first. Mayor Avery presented said.PROCLAMATION to A~ttorneys MacMillan and Moore and appointed them as a committee of two,charged with the responsibility of celebrating LAW DAY in a manner befitting the oc- casion. It was made known %hat City Attorney Adams is Secretary of the South Palm Beach County Bar Association and also chaArman of the LAW DAy Program for said Association. 5.a. Mr. Saunders informed the Council that it had been brought to his attention that there are .quite a number of Little League ball players that'have no place to practice, and asked City Manager Holland if there was any Cit~ property available for ball practice fields. Further, that he had been informed there was City property adjacent to the American Legion Little League Field that had been. used last year, after same had been mowed. CityManager Holland informed the Council that he would in- vestigate this matter. 5.a. Concerning the Paul Knowles Memorial, Mr. Talbot reported that upon approval of-,funds for sam~the committee had proceeded and ex- pected to have, this project completed within the next two weeks. 5.a. As chairman of the Beach Erosion Committee, Mr. Talbot reported that said committee, together with the Council, and City Engineer, had made a trip to Lantana to inspect what is known as a waffle type re- vetment that was installed approximately two years ago, and which seems to be satisfactory. Mr. Talbot informed the Council that it is the opinion of the committee thatthis type of Beach Erosion Program plus sand nourishment seem to be the only things:that appear to be feasible. Further, the committeel had a meeting with Mr. John Grant, of aconsulting engineering, firm, .who has handled beach erosion in other areas. Mr.. Talbot said the com~ttee wou~d like to proceed with interviewing at least~hree or foun mQreengtneers in order to get a composite idea of what they have to offer, but do not feel it is fair. to do that unless there is some expression from the council that they -3- 4-27-64 346 will be willing t6spend money for an experimental program,if one is decided upon, and suggested an approximate Cost of from $25,000.00 to $30.000.00 for such an experimental program. Mayor Avery reminded the~CoUn-cil that when the Capital Improve- ment Fund was set-up;'beach erosion was one of the specific-items for which it was set-up. Finance Director Weber. informed the CoUncil that.there was a balance in the Capital Improvement Fund of $36,115.20~ Mr. Talbot further informed the Council0that when the committee has obtained more information, they plan to ask Dr. Per Bruun,of the Coastal Engineer~s Laboratory at the UniverSity of Florida, Gaines- rills, also Mr. W. T. Carlson,of the Division of Shores and Beaches Conservation Department, Tallahassee, Florida, to come to Delray Beach for a conference on same. Following discussion, Mayor Avery asked for a motion that the Council authorize the Beach Erosion Committee to invite State of- ficials down, to interview the Engineers, and to present a possible solution to the Council, with the understanding that the Council would possibly be willing to spend approximately $30,000.00 on an acceptable proposition, it being so moved by Mr. Barrow. The motion was seconded by Mr. Croft. Mayor Avery reminded the Council that the City has a responsi- bility to the owners of beach property to the north and south of the public beach, and asked that when said'engineers and state authorities are being interviewed, the problem of these individual property owners also be considered in so far as giving them' advice, and asked if this would be included in the motion. Mr. Barrow and Mr. Croft were agree- able to said addition to the motion, and upon call of ro11, the motion carried unanimously. Mayor Avery commended Mr. Talbot, City Engineer Fleming, and the Beach Erosion Committee on the work they are doing. 6.a. Concerning consideration of Russell & Axon's recommendation for reduction of retainage fee on the sewage contract of Barbarossa & Sons, Inc., City Clerk Worthing read the following letter, dated April 22, 1964: "SUbject: Barbarossa & Sons, Inc. Sewer Contract - Reduction of Retainage. 1. Barbarossa & Sons, Inc., Contractor on Sections I, II and IV, of the Delray Beach sewer Project, has formally requested that his retained percentage be reduced from 10% to 5%. He states that, Ouote - 'This retainage is urgently needed for'us t° continue this Project.'' 'Such a reduction 'may' be made in accordance with Par. G. C,- 7 - a of the specifications. 2. The above request was originally made on Feb. 24, 1964, and reiterated on April 20, 1964. At the time of the first request, your Project Manager advised. Barbarossa that due to delays in testing lines, and in clean-up, a favorable re- commendation could not be made. 3. However, in the intervening period from Feb. 24th, testing of lines has proceeded in an orderly manner, and some progress has been made in closing the gap in clean-up operations. 4. While I would like to recommend reduction of the retain- age to 5% in order to assist` Barbarossa in fi~nanCing his job, I, nevertheless, continue to be disturbed by the number of failures discovered'under the'Speci'ftcation tests. -4- 4-27-64 "5. It would appear to me that in order to fully protect the City's interest, and at the same time_be fair. t~ barossa, that a two step reduction in retainage wou~ '~ indicated. 6. The City now retains approximately $?6,000. under Bar- barossats Contract. It is recommended that $20,000~'b~' released at this time. The balance of $56,000. is sidered to be ample to protect the interests of the ~ty, until such time as testing and clean-up has progressed sufficiently to warrant further consideration of th~s matter." Mr. Saunders moved that the recommendation of Russe1% & Axon be approved, the motionbeing seconded by Mr. Talbot. Mayor Avery asked the City Attorney if this motion w0~ld give the f~11 authority to have the reduction,and to accomplish ~h~ pur- pose as recommended. City Attorney Adams said it would be ~a~isfac- tory. Upon call of roll, the motion carried unanimously. 6.b. Concerning the revised proposal and plans pertaining to yacht basin in Blocks 136 and 144, Attorney John Moore addressed the Council as follows~ "This is a matter which has been pending before the Coun- cil for more 2~ a year. ~t has been pending, on my behalf, since last September. ~°uncil, at this time, has a concrete proposal before it, and before I sa~ anything more, I th.in~ it Would be well to hear from'any opposition, if there is such here this evening." Attorney Nell MacMillan, representing Mrs. Nellie Ankeny, who owns Lot 1, Block 14, S~[~agate "A", objected to the abandonment of the portion of Casuarina ROad that parallels her property. During lengthy comments, Attorney MacMillan said there was a twenty-five foot strip of privately owned property between Casuarina Road and her property, and she does not desire that the property be built upon, which would block her view of the yacht basin and Intracoastal Waterway. Mayor Avery asked if that portion of Casuarina Road, paralleling the property or,rs. Ankeny, were to be abandoned but deed restricte~ to where it could not be built upon, would th~s ~ccomplish the purpose, and be satisfactOry'to Mrs'. Ankeny. Attorney Moore said he felt if said portion of Casuarina Road, parallel to the proper~y of Mrs. Ankeny,was to be abandoned and deed restricted as suggested, and there also be a twenty-five foot building set-back from the north line of the property to be filled, would not be objectionable to Mr. DeRice. Following lengthy discussion, Mayor Avery commentedas follows= "We can take some action tonight, setting up the detail the natural legislation wii1 come through on. We would like a motion for the Council to vo~e on. We will grant the fifty feet, we will get the title to the under-water lands, we will abandon Casuarina Road, but all of the'land ownedbyMr. DeRice after the abandonment north of said Lot 1, will be deed restricted for the purpose of building struc- tures, but parking a~d landscaping will be allowed." Attorney Adar~.said if the COUncil generally accepted the pro- posal that has been sUbmitted', subject to final approval of the docu- ment sUbmitted at t~e' next meeting, this would be satisfactory. City Attorney Adams asked Attorney Moore if Mr. DeRice would give the City title insurance to the north and south half of Blocks 136 and 144, for the Cityts protection, and continued= "I have search- ed it, and about six or seven attorneys hays, but I would like to ha~e him give us title insurance subject only to. the riparian rights and the spoil 9asemen~,which we know are there.t! AttOrney Mo0re ~nfo~med the Council that Mr. DeRice had a deed to that property, but no title insurance, but that he wOuld pass on to the City what right, title, and interest he has. -5- 4-27-64 Following discussion on obtaining h,~l~ insurance to said lands, Mayor Avery commented as follows: "You need to pass a motion that you will approve a proposition. FirSt, that the City will receive all rights and title that Mr. DeRice has to under-water lands north of the property in question--that includes t~e City's Yacht Basin that we have now---in exchange for which we will abandon casuarina right- of-way, Mr. DeRice to reserve for' himself fifty feet north 'of the Casuarina right-of-way, this is s point ~est from the west border line of seasage Drive, The portion of properties north of Lot I be deed restricted that no structures will be built upon it, but it can be utilized for parking and landscaping, and that the set-back re- quirements from the north property line of NEW Lot X, Lot X,with this addition of Casuarina right-of-way and the fifty feet, will be twenty- five feet. To make a motion approving that, is what we want." Following discussion, City Attorney Adams i~formed the Council that for $125.0Othe City could haves $10,000.00 title insurance policy, which would give a record of all the spoil easements that exist on the property, further, if Mr. DeRice did not pay for said insurance, he felt the City should do so. Attorney Nail MacMillan informed the Council that he felt they should pay the $125.00 and obtain said insurance on the property. Following discussion, Mr. Barrow moved as follows: "I would move that we have Mr. DeRice's proposition drawn up in legal form for our Attorney to approve, abandoning Casuarina right-of-way, to give Mr. DeRice the privilege of filling in f.ifty feet north and one hundred thirty feet west of Col. Balliets property, with a twenty-five foot ~et-back from the north property line, with title insurance,as suggested,and the City pay for same." The motion was seconded by Mr. Talbot,with the understanding that it be reduced to writing and that a map be attached outlining exactly what is transpiring. City Attorney Adams explained that there W°uld be a Resolution containing the exact legal description, and that Mr. DeRice would then place the deed restrictions, concerning the area to the north of said Lot 1,and also the twenty-five foot set-back. It was mentioned that this was subject also to the approval of Mr. DeRice, and Attorney Moore pointed out that the deed to the City from Mr. DeRice would also restrict said under-water lands to public usage. It was also mentioned that a portion of Casuarina right-of-waY, just south of Lot 80 Block K, John B. Raid's Village, upon which there was a title cloud, would be taken care of by Mr. DeRice along with the other transaction. Following discussion, and upon call of roll, the motion carried unanimously. 6.c. Concerning Russell & Axon's analysis and recommendations,rela- tive to the City's future needs concerning water supply and treatment, City Clerk Worthing read Russell & Axon's letter of February 17th, 1964, and City Engineer Fleming's proposed analysis and recommendations of water supply and treatment, dated 'March 18th, 1964. (said letter of February 17th, and analysis and recommendations of March 18th are both printed in full in the Council minutes of March 23, 1964). City Clerk W°rthing also read the following letter and proposed analysis and recommendations from Kussell & Axon, 'dated April 9th, 1964: "We submitted a letter-proposal February 17, 1964, to the City Council of Delray BeaCh for performing the engineering ser- vices required in the p~eparation of a feasibility report for the development of additional water treatment facilities. The writer met with the City Council and explained in some detail the engineering services which would be provided. We were requested to meet with the City Engineer and develop a cri- teria for the study which would meet with the approval of -6- 4-27-64 3~:9 "the City Engineer and which would incorporate all of the items proposed in the February 17, 1964 letter. Att~c~ed is an outline of the proposed study which meets with re~.irementa. Our fee 'for this study will be as state~':-in .the letter of February 17. It is evident that it will be necessary for. the City o~ Delray Beach to provide essentially comPlete trea~n~ facilities within the next three years. It is the of the engineers that the proposed study will require at least on~ full year in order to adequately cover all. gl the points outlined in the criteria. Planning, financi~g and construct/on will require at least two more years! ~here- fo=e, it would appear that it would be to the City'~.&dVantage to under~ake this study aa soon as possible. We are p~pared to initiate the study upon authorization by the Cit~ ~.ouncil. It is suggested that in the event the proposal as in our letter of February 17 and as supplemented in this letter ia acceptable, that the City authorize the engineers to proceed immediately subject to execution of a contract satisfactory to both parties." During discussion, Mr. Talbot said he felt there were many inequalities in the water program that effect the taxpayers, and that these inequalities should be corrected. Mr. Talbot commented on the water rates, and expressed the opinion'that the rates to the customers outside the City were too low.. ~u~the~, he did.not plan to go along with any program without a drastic increase in the water income, and that this increase should not be from the taxPayers. Following discussion, MayorAvery asked for & motion authorizirw: the execution of a contract incorPorating Russell A Axon~s letters of February 17 and April 9th, gn~ the City Engineer*e recommendations of March 18th] it being 'so moved by Mr.' Saunders. The motion was second- ed by Mr. Croft and carried unanimously. Mayor Avery commented as follows= "For the next order of bus- iness, Mr. Talbot, it is very necessary to set'the wheels in motion to incorporate those things. Do you want this done on a.definite recommendation tonight, or would you like for a committee to be pointed, w/th ~oU, the City Manager, and the City Attorney, to come back to us with concrete recommendations, recommending the revision of the water rates tO outside consumers,and incorporating these other in- equities that you have mentioned, or do you want to make a motion in a positive move tonight?" Mr. Talbot said there should be action taken on remedying the inequities as soon as possible, but that the f~ret thing was to con- sider changing the rates for water consumers outside the City. Mayor Avery suggested that a committee#consisting of Mr. Talbot, the City Manager, which would include a~y of his personnel, and the City Attorney, be appointed to bring to the Council positive recom- mendations to oorrect the inequities. It was so moved by Mr. Croft. The motion was seconded by Mr. SaunderS and c~rried unanimously. Mayor Avery commended the CounCil on their action as he felt it was. a forwa=d step_for the betterment, of Delray Beach. An appropriation of money for payment of Russell & Axon was mentioned, and the Council was informed there would be a contract sub- mitred to them for approval before such action was necessary. 6.d. The Council was informed that there is an immediate need for additional street sign material and tO provide for its supply, an appropriation of $1, 640.00 'is requested from the Contingency Account 910-858-800 to ~e Tr&ff~ E~gi~eering Account 910-220-~fl~.~. it being so moved by Mr. Barrow...The mOtion was seconded by Mr~'-~t and carried unanim0usly' '~-7- 4-~?.~4 6.e. Concerning ~lar~ication for origin of funds involved in ac- quisition of the Cook PropertY tO ~rovl~% additional parking faci- lities, City Clerk Worthing reported as follows; "During previous ~ouncil action ~oncerning the exchange of a City owne~ parcel of land in Block 92 for the Cook property, namelyLots 24 and 25 in said Block 92, it was determined that funds necessary to culminate this exchange should come from the Improvement Trust Fund, but no spec- ific actionwas officially taken. To proviOe legal action and to satisfy the City's official audit of expenditures for the current fiscal year, it is recommended that Council authorize an appropriation of $27,803.28 from said Improve- ment Trust Pund, for acquisition of Lots 24 and 25 in Block 92, which amount is based upon the originsl agreement ap- proving the exchange of the South 60 feet of Lot 17, Block 92, for said Lots 24 and 25 in Block 92." It was so moved by Mr. Barrow, seconded by Mr- saunders and unanimously carried. 6.f. Concerning identification of properties not a part of the City, but which are contiguous to the sewer system installation, City Clerk Worthing reported as follows; "Council at its last regular meeting requested that identifi- ca~'ion 'of properties outside the City Iimits and yet contigu- ous to the sewer system installation, be prepared. The City Engineer, Mr- Fleming has prepared an overall plan showing the City limits as they relate to the sewer system ae presently installe~, and indicating thereon properties which are not now a part of the City, but are contiguous to the system's installation. The msp is rather large and will be available at Council meeting for inspection, if so The following properties have been determined to be contiguous; Section 9-46-43 wedgewood Apartments, being the S250~ of Lot 6, lying east of McOinley & Gosman Subdivision, west of the waterway. Section 2-46-43 (~overnment Lot'4) S 110~ of N. 640' of Oov't Lot 4 AIA S 150' of N 790~ of Gov~t LOt 4 S 150t of N 940~ of Gov~t Lot 4 A1A S 100~ of N1040~ of Govtt Lot 4 AIA S 120~ of Nl160~ of Gov~t Lot 4 AIA Delray Beach Shores S/D= Lots 60,61-62-63-65-66-68-69,~" During discussion, Mr. Talbot stated that there is a list of properties contiguous to the sewer line who have declined to be annexed to the City,even after an offer of a gratis sewer connection, and move~ that the-CityManagerbe instructed to write to both the County Board of Health,and the. State Board of Health, advising them that in the sewer Construction p~ogram of Delray Beech such properties, listing names of owners, have been given an opportunity to come into the sewer with 'a free connection.providing they annexed to the City, and that such offer had been declined by these property owners. Further, that it be asked if there are ~ny steps the City can legally take,and if not, is there then anything that the County and state can do to force the us~ of the sewers in view of the program of the County and State regarding septic tanks in communities. Themotion was seconded by Mr. Barrow and carried unanimously. .~. 4-27-64 351 6.g. Concerning location of a transformer pole to provide electrical servi~e to lift station No. 8, the following memorandum from' ~Ety Engip~er Fleming, dated April 22nd, was presented: '"Subject: Electrical service to Lift Station No. 8 As discussed with you in the field there are three possib~tities for running the electrical service into the subject ii~'2~'statio~ 8, which is located on the small island at the intersection of SE 1st Street an~ Marine Way at the north end of the little City park the City marina. I have enclosed a sketch showing three possible locations forthe transformer pole which will be a large single!or double pole carrying a bank of transformers. : LOC~XO~,,A Efa transformer pole be lacated at the point ma~ked on the attached sketch it wi~! replace an existin9 pole, and the cable from this point.to the lift station in the island may run underground in a conduit~ The ~ost of this installation is in the vicinity of $10 per lineal foot or a total of about $2,500. LOCATION B If a transformer pole be located at the location marked 'B' which is at the northwest .corner of this little park area, the underground conduit will then extend approximately 76 feet to the.lift station-at a cost of $10 per lineal foot or $760. LOCATI .ON C If the transformer pole be placed as~ shown- at location 'c' or on the small island immediately adjacent to the lift station then no underground conduit is req~/red~ In ad- ditio~ it isContemplated .that the street light might be placed On this pole thereby eliminating two small light poles and three spans of electric wire servicing the poles. The disadvantage of course tolooating the transformer bank at the island is the unsightly appearance, as well as the overhead cables extending from pole 'A' to the island. This being somewhat of a showplace for ~he city, it was thought advisable that the question be given consideration by your- self and or by the City Council." Mr. Talbot said, as he understands it, location "B" would be the best from the standpoint of cost, and also beautification, to which Mr. Saunders said hewas ini~agreement. Mr. Talbot then moved that location'"B'~ be used for the elect- fica1 service to lift station 8, and that the money come from the allocated sewer fund, them°~ion being seconded byMr. Barrow. Mr. Croftmentione~'the 'sketch, and.the, location of street light poles in that.area, and askedif the~woul~ re~ain as they are. City Engineer ~leming.said ~hestree~light~poles would notbe removed unlessthe Council:determinedthatthe~ wanted to locate the large transformer pole on the island, in which case~the street lights could be attached to it andtwo of thesmaller poles remove~. Followin~discussion, Cit¥ EngineerFleming said if the :Council preferred to place~the transformer pole in.location~"E", he would make inquiry of the Florida.pOwer an~ Light Company about placin~ a simple ,9- 4'27'64 light pole near the island to eliminate the other poles, and this suggestion was included in the motion and:eeoond by Mr. Talbot and Mr. Barrow. Upon call of roll;' the motion carried unanimously. 7 .a. City Clerk Worthing informed the Council that a petition had been received for reclassification of Lots 1, 2, 3, 30, 31 and 32, Block 12, Dell Park Subdivision! also Lots 32, 33 and 34, Block 13, Del Ida Park Subdivision, from R-2 (One and Two Family Dw~lling Dis- trict) to C-2 (~eneral Commercial District). This petition was un- animously referred to the Planning/Zoning Board for public hearing and recomme~ation thereon,, on motion by Mr. Saunders and seconded by Mr. Barrow. 7.b. The City Clerk reported that a request had been received for extension of City water service to Lot 47, Lake Shore Estates, 2020 N. W. 1st Avenue, in the form of an agreement, properly executed, and by virtue thereof, said Lot 47 becomes annexable to the City. Also, in view of it having been determined that a sufficient Supply of water is available in this area, it is recommended that this request be granted, it being .so moved by Mr. Barrow. The motion was seconded by Mr. Talbot end carried unanimously. 7.c. City Clerk Worthing reported that the ~ordan Missionary Baptist Church, through its pastor, the Rev. L. Lawrence, hadrequested per- mission to construct its educational buildingon a parcel of land 75' by 160', lying on the east side of N. W. 8th Avenue, approximately 200 feet north of 4th street. Mr. Barrow moved that this item be referred to the Planning/ Zoning Board for public hearing and recommendation, the motion being seconded by Mr. Croft and unanimously carried. 8.a. City Clerk Worthing informed the Council that Resolution No. 1481 had been prepared in order to provide a recording instrument to confirm and reflect Council action taken at its last regular meeting abandoning a portion of S. w. 10th Street, and more specifically identified as the South 10 feet of Delray Beach Heights Extension Section "A",:and that S. W..10th Street in this immediate area, after such abandonment,:, is100 feet in width. City Clerk Worthing then read RE~OLUTION NO. 1481. A RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF DELRAY BEACh,~ FLORIDA, %~ACATXNG AND ABANDONXN~A PORTION OF SOUTHWEST TENTH STREET. (Copy of Resolution No. 1481 is attached to and made a part of the official copy of these minutes.) (See Page 360-A) Resolution No. 1481 was unanimously passed and adopted on motion by Mr. Talbot and seconded by Mr. Croft. 8.b. City Clerk Worthing read RESOLUTION NO. 1482. A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF DELRAY BEACHv FLORIDA', OUTLINING CITY POLICY RE6~%RDXN~ SEWER CONNECTIONS TO THOSE PROPERTIES OUTOF THE CITY LIMITS W~C~ PRESENTLY ABUT ON THE SANITARY SEWER SYSTEM. WHEREAS, the City is presently constructing a Sanitary Sewer System in and for the City substantially inaocordance with the plans and specifications therefor, heretofore prepared by Russell & Axon, Engineers, approved by the City Council and on file in the office of the City Clerk; and -10- 4-27-64 353 WHEREAS,' the City has heretofore adopted a policy l/rafting sewer service to only those properties located withip City limits~ and WHEREAS, the City has &.present policy of providing on sewer tap to each property abutting the~ sewer line at no cost to the owner; and WHEREAS, the City recently offered the aforesaid fre~e service to several property owners abutting upon the sewer ~ystem but outside the corporate limite~ and ' .WHEREAS, all but one of said property owners refused thi~ offer, since it invo-lved a condition that their properti~s be immediately annexed ~to the City~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: It is hereby declared to be the policy of this City that should any of the aforesaid 'property owners who declined said offer request sewmr service in the future, said owner shall be required to pay all extension costs incurred' in making th® service available to the subject-property. PASSED and ADOPTED this .. 27 .th day of April, 1964. Resolution No..1482 was unanimou'sl-y passed and 'adopted on motion by Mr. Barrow and seconded by Mr. Croft. 8.c. The City Clerk presented ORDINANCE NO. G-536. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,. REPEALING SECTION 16-6 AND SECTION 16~7, CHAPTER 16 OF THE CODE OF ORDINANCES OF THIS CITY AND AMENDING SECTION 16-9, CHAPTER 16 OF SAID CODE PERTAINING TO THE ENFORCEMENT OF PAYMENT OF OCCUPATIONAL LICENSE TAXES. (Copy of Ordinance No. G-536 is attached to and made a part of the official copy O~ these minutes.) (See Page 360-B) There being no objections to Ordinance No. G-536, said ordi- nance was unanimously passed and adopted on second and final reading on motion by Mr'. Croft and' seconded by Mr. Barrow. 8.d. City Clerk Worthing presented ORDINANCE NO. G-537. AN ORDINANCE OF ~ CITY COUNCIL or ~ CITY OF DELR~Y BEACh2 FLORIDA, AMENDING sECTIO~ 11~-'~ C~P~'~'!IA OF THE CODE OP ORDINANO, j~S' OP THIii. ~?!;I!TY, PERTAINING ENGAGING tN' THE. GENERAL BUSINESS OF CON- TRACTING,. SUBCONTRHCTING OR SPECULATIVE BUILDING. (Copy of Ordinance No. G-537 is attached to and made a part of the official copy of these minutes.) (See-Page There being no-objection to 'Ordinance No. G-537, said Ordi- nance was unanimously passed and adopted on second and final reading on motion by Mr. Barro~ and seconded by Mr.. Saunders. .354 8.e. The City Clerk presented ORDINANCE NO. G-538. AN ORDI~RNCE OF THE CITY COUNCIL OF THE CITY'OF DELRAY BEACH, FLORIDA, AMENDING SECTION 16-12, CHAPTER 16 OF THE CODE OF ORDINANCES OF THIS CITY PERTAINING TO 'IDENTIFICATION OF COMMERCIAL VEHICLES. (Copy of Ordinance No. G~538 is attached to and made a part of the official copy of these minutes.~ (See Page 360-D) Mr. Talbot asked the definition of a commercial vehicle, and City Attorney Adams said that as far as this Ordinance is concerned, it was not intended to apply to any professional type man. There being no objection to Ordinance No. G-$38, said Ordi- nance w~e unanimously passed and adopted on motion by Mr. Talbot and aeconded by Mr. Croft. 8.f. City Clerk Worthing presented ORDINANCE NO. G-539. AN ORDINANC~ OF THE CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 16-13, CHAPTER 16 OF THE CODE OF ORDINANCES OF THIS CITY PRESCRIBING AN ADDITIONAL PREREOUISITE FOR OBTAINING A CITY OCCUPATIONAL LICENSE AS A ~EN~EAL CONTRACTOR, SUB-CONTRACTOR, SPECULATIVE BUILDER, ELECTRICAL CONTRACTOR AND PLUMB- ING CONTRACTOR. (Copy of Ordinance No. G-539 is attached to and made a part of the official copy of these minutes. ) (See Page 360-E) There being no objection to Ordinance No. G-539, said Ordi- nance was unanimously passed and adopted on second and final reading on motion by Mr. Croft and seconded by Mr. Talbot. 8.g. City Clerk Worthing presented ORDINANCE NO. G-540. AN ORDINANCE OF THE CITY COUNCIL OF TH~ CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING TH~ BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR ~E ZONING THEREOF. (South Ocean Blvd., Alfaro, Wel~er and Hamilton) Mr. Croft asked if it were possible that this property receive a sewer connection across A1A at no cost to the City, to which City Clerk Worthing informed him that it was possible. Ordinance No. G-$40 was unanimously placed on first reading on motion by Mr. Croft and seconded by Mr. Talbot. Mr. Croft asked if a sewer connect£on had been made across A1A to the Hamilton House and City Clerk Worthing informed him that it soon would be made. 8.h. City Clerk Worthing read ORDINANCE NO. G-541. -12- 4-27-64 355 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAy BEACH, FLORIDA, AMENDING SECTION 29-7.5, CHAPTER 29, CODE OF ORDINANCES OF THIS CITY, TO PERMIT HOUSING OF FLORIDA_ ATLANTIC UNIVERSITY STUDENTS IN TH~ SINGLE FAMILY DISTRICTS OF TH~ CITY FROMTHE EFFECTIVE DATE OF THIS ORDINANCE UN- TIL JUNE 30, 1965. City Clerk Worthing informed the Council that a ~ubl~c hearing on t~s Ordinance be provided at the regular Council meeting,tO be hel~'6n May 25th,at which time said Ordinance would be considered on its Second and final reading. Mr. Talbot suggested that this Ordinance be referred kO the Plan~ng/Zoning Board for their study and recommendation, an~ City AttOrney Adams informed the Council that the Code of Ordina"~e~ pro- vides that a zoning change be referred to said Board. Mr. Saunders referred to a portion of the ordinance which reads as follows: "(11) From the effective date hereof until June 30, 1965, it shall be permissible in all single family districts to have one roomer per family provided said individual is a bona fide re- gistered student of Florida'Atlantic U~iversity." 'Mr. Saunders said he did not think the restriction to one roomer was good, as there were homes that could take three or four students. Mr. George H. AUstin, 1311 Lake Drive, Delray Beach, informed the Council that he lived in an R-1AA zone, which he had chosen be- cause of its 10cation and zoning,.and objected to an ordinance per- mitting rentals in a residential zone, further,'that after investig- ation he had found that there would be very few students that would need housin~ in Delray Beach. Mr. J. L. Webb, 321 Palm Trail, Delray Beach, i~formed the Council that he was in favor of the students having proper housing. City Attorney Adams said that the Ordinance could be reworded as follows: "(11} From the effective date hereof until June 30, 1965, it shall be permissible in all s~ngle family ~istricts to have as many as four roomers per family provided said individuals are bona fide registered students of Florida Atlantic University." Mr. Barrow then moved that Ordinance No. G-541 be placed on first reading subject to the Change as made by the City Attorney, with direction that said Ordinance be referred to the Planning/Zoning Board and they report back to the Council no later than the date of the public hearing to be held by the-Council on said Ordinance. The motion was seconded by Mr. Saunders and carried unanimously. 8.i. City Clerk Worthing read ORDINANCE NO. G-542 AN ORDINANCE OF THE CITY COUNCIL OF THE .CITY OF DELRAy BEACH, FLORIDA, AMENDING SUB-SECTION 14, SECTION 7-1, CHAPTER'7, CODE OF ORDINANCES OF THIS CITY PERTAIN- ING TO DOGS UPON THE MUNICIPAL BEACH. It was made knoWn that the municipal beach as referred to in Ordinance No. G-542, pertain% to all lands lying eaat of the eaat curb of AiA (Ocean Boulevard). Ordinance No~ G-542 was unanimously placed on first reading on motion by Mr. Croft ~d seconded by Mr. TaLbot. 9.a. City Clerk worthing read the folIowing Plann~ng/Zoning Board report relative to an additional bridge crossing over the Intracoastal Waterway= -13- 4-27-64 '356 ,"Re: Letter ~rom County Engineer ~. R. Frost 'asking ~or assistance to the.. County Commission. in deter~ining~he. location of an additional bridge: across the intracoastal canal. This was a request of the C~tyof Boca Raton to the County Commission for the addit~onal fac~lity. The Planning Board met on April 21, 1964. After discussion, and, on a motion by Colonel Fabans, seconded by R. Hanna and unantmom~ly passed, to recommend to the City C~.uncil, that every effort be expended to have the additional bridge lo- cated in the vicinity of the C-15 Canal, now being construct- .ed. This canal will probably be the natural boundary line between Delray Beach and Boca Raton. A new bridge in this area would be helpful to the population growth in both communities! would help to relieve traffic congestion of the Atlantic Avenue bridge~ would be bene- ficial to emergency equipment such as fire and police~ would give access to Federal Highway for Highland Beach, and in this location, would give access to the Turnpike and points west with a minimum of right-of-way acquisition. Linde11 Boulevard and Garma~town Road already exist and are con- tinuous fro~ the Federal Highway to Military Trail. The Tropic Isle Civic Association has submitted a letter to this Board with the same recommendations as has been expressed in the preceeding paragraph. We h~pe the Council recommend to the County Commission, emphatically, the need for an additional bridge at this location." Mayor Avery said it was in order that the recommendations of the Planning/Zoning Board be approved, and that an emphatic letter be sent to the County Commission, it being so moved by Mr. Croft. The motion was seconded by Mr. Ssunders and carried unanimously. 9.b. City Clerk Worthing read the following Planning/Zoning Board report relative to extending Lake Ida Road westerly to Military Trail: "The Planning Board unanimously recommends to City Council that every effort be extended to obtain an access road to Military Trail on the partially completed Lake Ida Road. The Board feels that during construction of west Atlantic Avenue, an additional route to and from the west would be very necessary. This Board feels that the County Commission should give Priority to this project and start action, as a crash pro- gram to.:~omplete this much needed agcess road." Following comments by Mr. Talbot and Mayor Avery concerning this item, the City Clerk read the following letter to Mayor Avery from County Commissioner George V. Warren, dated April 24th: "As per our discussion last night, and in answer to a letter ~rom the City of March 26, regarding the extension of Lake Ida Road (N. W. 4th Street) to Military Trail, please be advised that we were all thinking together as to the need for this road opening, on an emergency basis, to carry traffic during construction of West Atlantic Avenue. -14- 4-27-64 357 "'Through the cooperation of County Engineer George Frost, the preparation work necessary to acquire right-of-way has bee~ started. Copy of his instructions ,are att=d~ed. This entire project, preparations, acquiring right-o~iway, bridge design, and road construction has been put o~'~i'crash' basis, which I am certain, with the other members o~ the County Commission realizing its.need, will assure construc- tion of this road at the earliest possible date. I will be calling on your Boards and Committees for help in acquiring right-of-way. Assuring you of my continued cooperation in all mat~rs pertaining to our area, I am,.." Mayor Avery said the Council did not nee~ to take any official action on this item, but that each member of the County CO~mission, also County Engineer GeorgeFrost, should receive a copy of the Planning Board recommendations, and be informed that the City is in agreemen$ with same. 9.c. Concerning setbacks on S. W.·Sth Avenue, City Clerk Worthing read the following. Planning Board report,dated April 23rd= "On a motion by J. I~abler, seconded by R. Hanna and unanimously passed, to recommend to Council that a . resolution or ordinance be passed requiring Setbacks on S. W. 8th Avenue, to be th'irty-five feet from the East property line in the business zoned area, and fifty feet from the East property l£ne of all other lots or.parcels of ~and west or'and bordering on S. W. 8th Avenue from West Atlantic Avenue to S. W. lst~Street. The reason for this recommendation is that, only a twenty- five foot right-of-way has ever been deeded to the City . for S. W, 8th Avenue from Atlantic Avenue to S. W.. 1st Street and ~that was on the Bast side of the center line of the proposed street. The Board feels that with a fifty foot dedicated right-of-way for at least two blocks South of S. W. 1st Street and only twenty-five feet in this block, it would create a bottleneck leading onto West Atlantic Avenue." Mr. Croft moved that the Planning Board recommendations be approved and the necessary legislation to enforce same be prepared and presented to council, the motion being seconded by Mr. Barrow and unanimouslY carried. 10.x. Concerning the hours of selling and serving alcoholic beverages, City Manager Holland referred to Emergency Ordinance No. G-531, pa~s-. ed March 9th, 1964,' to be effective through April 30th, 1964, and in- formed the Council that he had been approached by the people in busi- ness affected by this ordinance, and ~ was their desire that the hours set'up in the emergency ordinance be continued as they had proved very satisfactory. City Attorney Adams ~nformed the Council that he had prepared an emergency OrdinanCe extending said hours o~ sale if the Council wished to consider-same. During discussiom, it was mentioned that the emergency ordinance had been passed'aa the.neighboring towns had later closing hours, but it was thought'their late closing hour setup was only on a six month~~ basis during the.Season. There was a~ao an expression of 'thought that this should not be an emerge~y ordin&n~e, and if a permanent change was desired,'it should come to CounCil a~ a regular ordinance and be on the agenda of a Council meeting.~ -15- 4-27-64 10.x. Mr. Talbot referred to a committeeto recommend policy on sewer connections, etc.', thathad.been appointed by. the Council in June, 1963, said committee consisting .of City ManagerHollandas Chairman, CityAttorney Adams, City Clerk Worthing, Finance Director weber, City Engineer Fleming&nd Building Official Hughson. He then suggested that there beaPPolnted two:Councilmen, a representative .of Russell & Axon, Consulting Engineers,. and a representativ® of the County Health Department, to said committee. By unanimous consent of the Councilmen,' Mayor Avery appointed as additional members of said Committee, Mx. J...LeRoyCTOft and M~. Jack L. Saunders as the Councilmen, Mx. Daniel Neff, Project Manager of Ruses1! & Axon, and a County Health Off,cia1 to be designated by the CountyHealth Department. It was pointed out thatduring the absence of City Manager Holland, the Acting City Managerwould act as Chairman of said Sewer Policy Committee. 10.x. Mr. Talbot referred to the following letter of April 6th, 1964, signed by Prank T. Osteen, Jr., Vice Presi~ent of Russell & Axon, concerning resident inspection of the bridges to be built over C-15 Canal= "The City of Delray Beach has an engineering contract.W~th Gilbert W. Clifford & Associates for. engineering services inconnection with the design and supervision of construc- tion of two bridges. This contract provides for design and general supervisiOn only and doesnot include resident inspection. Since the execution of this cont=actwith the Ci~y, Mr. Clifford has become associated with Russell & Axon as a full time employee~however, i~ was agreed that his f~rm · .would complete all existing engineering contracts which included the Delray Beach bridge project. We believe that Ut would be to the beet interest of .the City to contract with Russe~l & Axon for the resident ~n- spection. We, therefore, propose that-the City authorize RUssell & Axon toprovtde resident inspe~tion under the supervision of MX. Dan R. Neff,-Project Managed, to be paid for on a basis of actual payrol~ costs and field expenses plus 50% for overhead..These are the same terms on which inspection is now being performed for the. sewage works project." City Attorney Adams expl~ined that the City had signed a con- tract with Gilbert W. Clifford a Associates, providing for thesuper- vision of this construction, making resident inspection optional.on the~a=t of the City, and sa~d ~ontract had been.approved by the Central and South Florida ~lood Control District. He then quoted from said Con~ract "SECTION II RESIDENT SUPERVISION-OF CONSTRUCTION: Resident supervision o~ construction will be furnished if 'desired and a~thorized by the OWNER. The fee for Resident Supervision, shall be inaddttion to all other fees here- under, and shall be paid monthly as such services are in- curred, at cost, which will be salary cost plus twenty- five (25)percent thereof for overhead plus reimbursement for necessary travel and subsistence~expense." Mayor ~very asked if it would be proper ~o ask the Central South Florida Flood ControIDiatrict if they require resident inspec- tion, and asked City Engineer Fleming forhis opinion. -16- 4-27-64 359 City En~.~eer Fleming-'answe~ed as follows: ,We do ·require resident inspe~ion. 'It is contemplated that it be furnished by Mr. Gilbert Clifford,who-has~nowJoined forces~with Russell & Axon, which is the reason for this letter. The resident inspection hasn't been 'furnished up. to now because'the contract was Just let, b~ I have "" need fOr an engineer tomorrow. They want'to drive.some t~ piling. As ko the cost,· it was brought out and has already been ~ted to the·Flood. Control people that it would be cost plus 25 Percent. ~Ssell & Axon request cost plus 50percent. I would suggest, if the ~9~Dcil is agreeable,.I wou~d like to have the engineering ~"~ussell & AxOn, the ~ost to be worked out. However, .~ei'City is ~Otinvolved in the cost. 'The engineering should b· don~'~'by a sepa- rate. consulting engineer so that it may be billed to the~!~!ood Con- ~O1 District as engineering. I suggestthat we requestRu~sell ~O~ito'furnish engineering, competent engiheering, w~tho~Daming ~o they' furnish, merely engineering resident inspection.~' Mr. Avery Said he would'.entertain a motion'that the contract ~o~ resident supervision be assigned to Russell & Axon. , · It was pointed out that the Flood Control District'.had agreed to pay only 25 percent, and City Attorney Adams suggested~that it be ~tipulated that the resident supervision would be at the cost provid- ed'in the contract'with Gilbert Clifford. The City Attorney con- tinued as follows: "Another th~ng that Mr. Fleming may have had in mind by leaving the cost open ~s'whether or not the City would be entitled to any consideration.due to the fact that Russell & Axon's Mr. Neff is working'full time f6r the Citydoing resident inspection, whether or not we should receive some~allowance, because he also may be doing resident inspection on the bridges. That part should be taken up with them and some report made." for resident supervision Mr. Croft moved to assign the Contract/with Mr. Clifford & Associates to Russell & Axon, subject to the approval of the Central and South Florida FlOod con,rd1 District, and without any cost to the City of Delray Beach. The motion was seconded by Mr. Talbot and carried unanimously. 10.x; Mr. Talbot inquired about an ordinance controlling the height, etc. of dredged material on private property, that had'been requested at the April 13th Council meeting. City Attorney Adame reported that the City Clerk had contacted all the owners of property within Delray Beach on whose property said dredged materials had been ~laaed, and without exception, plans had been made' to get rid of the fill before the next "season", further, with such report, felt there was no reason to draft an ordinance con- cerning same. FolloWing discussion, Attorney Adams was ~nstructed to draft such an ordinance when it ~as possible'for him to do so, as it may be needed in the event the property owners do not carry through on their plans for gett.ing:rid of the'fill. 10.x. Mr. Talbot said he felt the Council was magnanimous in their action tonight in granting Mrs. Beiderman her rent for one month in the amount of $40.00~ however, that had. reminded him of the p~oposed damages ag&that Mrs. N/ng'concerning the property exchanged with the City, and 'asked 'what had been done on that item, and when action would be taken. Mayor'AVery reminded 'the Council that the last action on this item was that consUltati~'beheld before court action was started. CityManager Holland reported.he had held such consultation and that Mr. Kinkead had asked~for 'time to talk with the Councilmen,. further, that a letter had been written to Mrs. King. Mr~ Talbot requested that a report on this item, with recom- mended action, be Presented at the next council meeting. · ~7- 4-27-6~ 36O 10.x. Mr. Talbot asked When Russell & Axon W~s- going to settle the matter of rebate of insurance premium to the City, concerning the errors and omissions insurance coverage the City had paid them for and did not receive. City Clerk worthing repo~ted to Council that there had been a ietter from Russell &Axon asking the Council to set a date anytime this week or next week to discuss same. 10.x. Mr. Saunders said that he had observed Mrs. Clara McMurrian in the audience, and asked concerning a report that was to be made to . Council concerning police protection in the vicinity of a store owned by Mrs. MoMurrian. City Manager Holland said he had discussed~ this with Police . Chief Croft, and they were not able to come up with a solution to keep said Store ~rom being broken into. Further, it was a misunder- standing on the part of Mrs. MCM~rrian that she had been promised two patrolmen on foot in that area after the. first of October, 1963. The City Manager further reported that the additional patrolman placed in that section of town makes an extra patrolman for Friday, Saturday and SundaY, but d~ing .the rest of the week,he replaced other patrol- men on their' day off. The former Mrs. McMurrian informed the CoUncil that she is now Mrs. Green, further, that she would like to obtain a.copy of the min- utes .of the Council ~eeting at,which she"felt she had been~..promi~ed additional patrolmen, also that the situation had. not been cleared up, and she would like something done about, it. Following discussion, Mayor Avery reminded Mrs..Green that the City Manager had been absent fzomarecentCouncil meeting when this item was brought up, and requested tha~ the minutes be examined and a written report in detail be given at the next Council meetinq as re- quested. Police Chief Croft reported'as follows= "I looked up those Council minUtesand I. cannot find anywhere where the CitY haspromised anyone two walking policemen. ! would not know how to begin to justi- fy to you gentlemen the expenditure for two walking policemen' out there, and that procedure has been antiquated 'for twenty-five years. The only way two walking policemen would stop her trouble is for one to be at the back of"the building and one at.the front.' If they are around the block, it is not going to do a bit of good. I have no communication with those men. I Just couldn't justify it to you." Mr. Saundersasked Chief Croft if he had any. solution to the problem, to ~hich Chief Croft answered= ,Mr. Saunders, about the only thing I know tha~ we could possibly dO would be to put more pa- trolmen out there. We have five out there~now, and in'1962 we had three. There have been two additional policemen added out there, but not walking policemen." Mrs. Green said that she would like to receive a copy of the Council minutes as requested earlier this evening, also a copy of the written report that had been requested. 10.a. The following Bills for Approval were presented= General Fund $ 180,072.24 Water Fund - Operating Fund 24,931.72 Special Assessment Fund 40,000.00 Ref~dable Deposits Fund 8,983.~78 Beach Disaster Fund 17,627.68 Cemetery Perpetual Care Fund 2,800.00 I~lprovement ~und 27,803.28 Special Trust AccOunt-FirSt National Bank 60.00 Special Trust AccounteD. B. National Bank 8,159.24 The Bills were unanimously ordered paid.on motion by Mr. Croft and seconded by Mr. Barrow. The meeting adjourned at 11=45 P.M., byorder of Mayor Avery. M A Y O R -18-. 4-27-64 RSSOLUTION NO. 1481. A R~SOLUTION OF THE CITY COUNCIL OF THE CITY OF DBI~AY BEACH, FLORIDA, VACATING. AND AEANDON~NGA PORTION OF SOUTHWEST TENTH STP~EST. WHEREAS, M~. K. E. Andersonl President of K.B.A., Inc.,. and C.M.S. Properties, Xnc., the developers of Delray Beach Heights Extension Section "A", has made application to the said Council to vacate a portion of Southwest Tenth Street right-of-way, as said pot%ion of right-of-way p~e- sents a cloud on the title of certain lots within Delray Beach Heights Extension Section "A#. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DBLRAYBKACH, FLORIDA= That pursuant to Section Seven (7}, ParagraphThree (3} of the Charter for the City of Delray Beach, Florida, we hereby vacate and abandon any title and interest in and to the South Ten (10) feet of the following described parcelss Lots 1, 2 and 3 in Blocks 1 and 2~ Lots i and 22 in Blocks 3, 6 and 8~ and Lot i in Block 9, ALL of said lots being in DELRAY BEACH HEIGHTS EXTENSION, Section "A", a subdivision lying in the N. W. % of Section 20, Township 46 South, Range 43 Bast, according to the Plat there- of recorded in Plat Book 26, Page 83, of the Palm Beach County Public Records. PASSED ANDADOP. TBD in regular session on this the 27th day of April, 1964. ..... MAYOR ATTEST: City 'Cler~ '" - ' 36o-B ORDXN~NCE NO. G-536. AN ORDZ~NCB OF ~ Cl~ ~CX~ OP ~ZON 16-6 ~ 8E~XON 16-7, ~R 16 OF ~ ~ OF O~l~ O~ ~S A~ ~l~ ~XO~ 16-9, ~B~ 16 OF z=sss ~F DB~Y ~, F~RZ~, Ag FO~: Section 1. ~a~ Section 16-6, Section 2. ~a2 Section 16-7, ~p~= 16 of the C~e of Ordina~es of ~e Cl~y of ~lray ~ach, Plorida, and ~he sa~ is he=shy re~a~d. Se=riCh 3. ~at ~c~ion 16-9, ~apter 16 of the Code of Ordinances of ~e CAty of ~lray ~each, Florida, and the sa~ is hereby a~nded ~ =cad as foll~s: 'Sec. 16-9. Penal%y.for violation. "An2 ~sOn. fidcor ~=~ration viola~i~ e~oeeding ~ h~dr~ dollars, °r by i~r~so~ent ~o= a ~riod not e~eeding ni~'tF days, or .by ~ Such fine and impriso~n~ for ea~ offense, ~nd ~f~ther p=oviding ~at, Unless ~e license shall have ~en procured from the city tax collector of ~e city within thirty days from ~e day same ~c~es a ~nalty of ten ~r ~t of ~e a~unt of ~he occu~tional cense. It ahal~ be ~ du~y of ~e ~x~collec~or'~o enforce paint of any tiCense ~xes ~t paid wA~in forYy-five days from ~e day same ~comes due by securing a warrant for ~e ar- .~,~s~ of ~e ~rson, fire or con,ratiOn illegally engaging such trade, busA~ss, profession or occupation." PAss~ on Second and final reading in r~ular session on this the ~.day of A~ril ~ . 1964. ATTEST Second Reading A~r{i 27.. 1964 36o-¢ ORDINANCE NO. g'537. AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OP ~Y BEACH, ,eLORZDR, AM~NDX~3 SE~XON ~A-8, ~R ~IA OF T~ OF O~X~N~S OF' ~XS CX~, PE~NG ~ ~RTIFX~TES OF C~E~N~ FOR PERS~S E~GZNG ZN ~ GE~L BUS~SS OF ~N- ~I~, S~CO~X~ OR SPE~TX~ BUI~X~. N~, BE IT O~Z~ BY T~ CITY CO~CIL OF ~E C~Y OF DE~Y B~, F~RZDA, AS FOL~S~ Section 1. ~at the se~ paragraph of Section 1~-8,. ~ap2er 1~ of the ~de of Ordinances of ~e City o~ Delray Beach, Florida, be, and the same is here~y amended to read as fo11~s: "If any appli~tion shall be denied, the applicant may renew his or Its applX~tXon a~ the expX=atXon of six months from ~e aate it ~s denie~ an~ refused. Provided, hoover, that said boar~, for go~ cause sh~n, may.shorten such period. It shall not be necessary for the appl:~ca~t to renew his certificate a~ually except ~at upon ~e faXl~ o~ a certificate holder obtain an occupational license within ~e time prOv~ded, he shall be re~ired to pay a fee of .$5.00 to k~p th~ certificate active for one ~ar. A ~ert~fica~ hol~er shall ~ permit~d to renew his certificate for. a: period of five ~a=s without obtaining occupational license .upon the ~nt of said $5.00 fee'.each year~ hoover, at the end of ~e ~Xf~ ~ar, the original certX- fi~te shall be declared void and a n~ applicatio~ for a certi- fica~ will be re~ired." PASSED on second a~d final reading in reeler session on this 27~ ~ day of A~ril _ , 1964. MA YO.R ATTESTs /s/ R. D. Worthino . . City Clerk Piret Reading., APril 131,1964' Second Reading ..~ ~oril 27. 1964 6~ 360-D NO. G-538. AN ORDXNANCE* OF THE CITY COUNCIl, O~'* THE CZTY OF DEnRAY* BEACH,' FI~ORIDA*,' AMENDZNG SECTION 16-12~ *C~.APTER 16 OF TI'IS CODS OF ORDZI~NCB8 OF THZS CL'TYPER?A/NI.N~9* TO IDENTIFICATION OF COmmERCIAL VEHI~S. Section 1. That Section 16-12, C~apte= 16 of t~ C~e of Ordinan~es of the City of Delray ~eaoh, ~lorids, be, and the same is hereby amended to reed aa follows: "Sec. 16-12. vehicle to display business name, addzeSs~ penalty for violation. "(a) It shall be unlawful to operate, park, stand or use upon any publi= street any commercial vehicle unless said vehicle ks designa~ed by lettering of four inches mlntmum size on either side. indicating ~he name of the fi~ or the name of the co,potation or person operating the same for commercial use, "(b) Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with the provi- sions of .this section shall be fined twenty-fiVe dollars ($25.00). Each day a violation eMists shall constitute a separate* offense.,, PASSED on second. and fine1 reading in reguiar sessio, on this 27th_ day of ..~pril ~ , 1964~ /si R. D. Wort:}tino ....... ' ' City Clerk First Reading . ' ADri~ 13, 1~6~ .... _ . , Seco~ Reading' 'April 2~, 1964 ~_ 360-E aN ORDI ' OF CITY cocci,.. OF SECTION' !6-13, ~PTER 16 ~P ~ ~DE OF ADDITI~L ,P~ISITE FOR OBTAI~-~ A CI~ OC~ATIO~L ~NSE AS A NOW, BE IT O~I~D BY ~ CI~ CO~CIL.oF T~ CI~ OF DEL~Y B~CH, F~, AS ~LL~S: Section 1. ~at Section 16-13, ~apter 16, Cods of ~dinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: "Sec. 16-13. Oc~pational license from Palm Beach County re~ired for designated occu~- tions, "In addition to any other requirements, any person, firm or corporation desiring to be licensed by ~e. city Cal =ontrac~or or pl~btng con~ractor shall first eXhibi~ an active and"~restricted Palm Beach County occupational licsnss to engage' in that particular occupa~ion." PASS~ on seuond and fin.al readin~ in regular session on ~is 27th day of ,, April .... 1964. /s/ A,I., C. ,Aver~ MAYOR ATTEST: R~,, Dj Wgrthin City Clerk First Reading April 13~'1964 . . Second Reading April 27, t964 ......