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06-29-64SpMtg JUNE 29, 1964. A special meeting of the City Council of Delray Be~ch was h~ld in the Council Chambers at 7=00 P.M., Monday, June ~Pth, 1964, Wi't~ Mayor Al. C. Avery in the Chair, City Manager Robert ~. Hol- la~E~ City Attorney John Ross Adams, and Councilmen Emo=y J. Ear- rOW, J. LeRoy Croft, Jack L. Saunders, and George Talbot, Jr., b~i~g present. Mayor Avery called the meeting to order and annou~ that same had been called for the purpose of considering an ~erqency Or~inance ooncerning controls to eliminate determined nuisances, and ~or any other business which may come before the An opening prayer was ~elivered by Councilman Ja~ Sa~nders. · City Attorney Adams infor~d the Council that he h~ written letter~ as directed by them at their special meeting of jd~e 10th, to each property owner on whose property there was spoil from the Int~acoastal Waterway, that letters had been written to Mrs. Beth N. Christenson, c/o Mr. R. Gracey, Mr. & Mrs. R. D, Schell, Arvida Realty Company, Mrs. Gladys U. Ja~es, and Mr. Frank DeRice, with the general idea in each letter that the Council had been barraged with complaints from the residents i~ the vici~nijty of their pro- perties, and that property owners were threatened with possible rental losses. The Council wanted to be in a position by August 1st to know definitely whether or not these properties would be cleaned up or leveled by October 15th. Further, there was a pro- posed ordinance that should be passed this week concerning control of such conditions, and also the possibility of an injunction in the event it became necessary. Attorney Adams informe~ the Council he ha~ receive~ replies from two of said letters, as follows~ Letter from Gracey Brothers, ~ated June 29th, concerning the Christenson property= "Re= That portion of real property lying between Andrews Avenue and the Intracoastal Waterway south of N.E. Eighth Street, belonging to the Christenson family. This will acknowledge your letter of June 26th in- quiring about the plans for the grading of the Christenson land. As of the writing of your letter, work had already commenced. The job is being done by Jim ~rillaman as ~iscussed some ti~ ago with Bob Holland. The grading will be such as to cause the water to run off of the Christe~l son property toward Andrews Avenue and Eighth Street. It will then be incumbent upon the City to provide proper swales along the street rights-of-way to carry the run-off water to the Intracoastal Waterway. I am immensely relieve~ to have this work finally under way. The ~elays were caused by the grading contractor and not by the Christensons or myself." Letter from Attorney John Adams representing Gladys U. James, dated June 29th= 6-29-64 "Re= Lot 8, Block L, John B. Reid's Village and Part of Block 135, Delray Beach, Florida I am in receipt of a copy of yours dated June 26th directed to Mrs. Gladys U. James. Please be a~vised that John Grant, supervising engi- neer on the James job has advised me this morning that four engineering firms will hid on the job, · namely, Bi=dsa11 Construction Co., Engineering Products, Inc., Doran Seawall Inc. of Pompano Beach and Murphy ConStruction Co. The bids are returnable July 15th and contemplate starting construction August 1st. Mr. Grant also advises that he feels sure they should be completed sometime around Sept- ember 15th or shortly thereafter. The job contem~ plates seawalling the entire tract out to within 75 feet of the right-of-way line of the Intracoastal canal and leveling same to grade. Trust this information is that which you desire and I would like to express Mrs. James' feeling, as well as my own, that the unsightly condition of Mrs. James' property has been of-quite some concern to both of us and will be rectified shortly and as you know, we have been diligently working toward rectifying this matter for .the past two months." City Attorney Adams then read ORDINANCE NO. G-§60. AN ORDINANCE OF THE CITY CounCIL OF THE CITY OP DELRAY BEACH, PLORIDA, SETTING FORTH RE- STRICTIONS ON OWNERS OF LOTS WITHIN THE CORPO- RATE LIMITS WHO MAINTAIN OR AIZ~)W ACCUMULATIONS O~ SAND, ROCKS, DEBRIS OR SPOIL IN EXCESS OP C~RTAIN HEIGHTS; PROVIDING FOR EXCEPTIONS~ AND PROVIDING FOR THE COMpULsORY ABATEMENT OF ANY SUCH ACCUMULATIONS EXISTING ~AT THE ENACTHENT HEREOF UPON A DETEP4~INATION BY THE CITY COUNCIL OF THE EXISTENCE OF A PUBLIC NUISANCE. (Copy of Ordinance No. G-560 is attached to and made a part of the official cody of these minutes.) (See Pages ~3~-A & City Attorney Adams informed the Council that he had pre- pared a legal memorandum on the law in general on public nuisances that had been mailed to them for their review, as it was possible that a mandatoryinjunction would be required if a person refused to comply with the wishes of the Council. Following discussion concerning the procedure outlined in said Ordinance, Ordinance No. G-560 was unanimouslypassed and adopted on this first and final reading on motion by Mr. Talbot and seconded by Mr. Saunders. City Attorney Adams informed the Council that an application for water service outside the Citylimits had been received from Mr. Harry M. Riegler, located at 1211 South Pederal Highway, further, the customary agreement for annexation of said property at such time as the premises to be served is contiguous to the Corporate limits of the City, had been signed. Attorney Adams said the pro- perty is contiguous to the City and an ordinance covering annexation of said property had been prepared. Mr. CrOft moved that the application for water service out- -2- 6-29-64 ~25 side the City at 1211 South Federal Highway, from Mr. Harry M. Riegler,be approved. The motion was seconded by Mr. Saunde. rs and carried unanimously. City Attorney Adams then presented ORDINANCE NO~ ~.59. AN ORDINANCE OF THE CITY COUNCIL OF THE' OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED .IN SECTION 21, TOWNSHIP .46 SOUTH, RANGE 43 WHICH LAND IS CONTIGUOUS TO EXISTING MU~,~AL OF SAID CITY ,0 INCLUDE SAID LAND~ r0a ~ RIGHTS AND OBLIGATIONS or SAXo AND 'PROVIDING FOR THE ZONING~ THEREOF. ' Attorney Adams pointed out that Ordinance No. G-559: provides that this land is being annexed in a C-2 zoned district, ~nd Zoning ~re~tor Hughson has agreed that is the logical zone. Att~T~ey Adams asked if the Council would like this' item referred to the Planning Board for confi, rmation of that zone-, but no such directive w~s given. Ordinance No. G-559 was uaanimously placed on fi-rst reading on motion by Mr. Saunders and seconded by Mr. Croft. City Attorney Adams informed the Council that an application for water service outside the City limits had been received from Brinco, Inc., for Lot ~3, Lake Shore Estates, 2112 N, W. 2nd Avenue, and the customary agreement for annexation of said property had been. signed. Mr. Croft moved that water service be extended to Lot 33, Lake Shore Estates, according to the signed agreement. The motion was seconded by Mr. Saunders and carried unanimously. C'~ty Attorney Adams then presented ORDINANCE NO. G-558. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAy BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 33, LA~E SHORE ESTATES, - WHICH LAND IS CON- TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS- AND OBLIGATIONS OF SAID LAND= AND PROVIDING FOR THE ZONIN~ THEREOF. Mayor Avery said that Building Official Ralph. Hughson discussed with him the possibility of some arrangement being worked out whereby property Such as Lot 33, Lake Shore Estates,would ala~ obtain their building permit from the City instead of if they received City water and were annexed to the Building Official Hughson explained to the Counci~ such an arrangement could be made, the City would receive the build- ing permit fee and also have the building plans on file in the City for tax assessment purposes for the convenience of the property owners in the future; City Attorney Adams suggested that the property owners be contacted and.~sked to annex all of their lots to the City~ there- fore,at the t~me they decided to build,they would have water avail- able, and the City wou~ then =~eive *a~e b~lding permit fee. Mr. Saunders asked if t~s ~ould be ~ ~atter of policy as far as the Council ~s concerned, that when a person makes application for water, they would sign the necessary agreement, and be informed -3- 6-29-64 ~26 they would receive water when the ordinance of annexation was placed on first reading. The building permit then could be taken out in the City. City Attorney Adams Said the difference in rate for outside the City water connection may be more than the building permit fee. Following lengthy discussion, Mr. Croft moved that~ Ordinance No. G~558 be placed on first reading,.the motion being seconded by ~r. Saunders and unanimously carried. Mayor Avery said the Chair wouId entertain a~ motion estab~ lishing the policy for future treatment of water applications and annexation. It was. pointed out that in the past, the water and sewer policies had been by resolution. Mr. Talbot moved that the City Attorney be directed to draw up a resolution establishing the policy as outlined, the motion being seconded by Mr. Croft. Finance Director Weber reminded the Council that there may be a water applicationand annexation agreement where the property would not become contiguous tot he City for several months, and Mayor Avery said such a condition should be covered in the proposed resolution. Mayor Avery commented further as follows: "We want the policy to be, where a property is being immediately annexed, that they take their permits out in 'the City of Delray Beach. Mr. City Attorney, I think it would be proper when you prepare this resoiution to con- fer with the Building Inspector, City Manager, Fiscal Director, also With the individual Councilmen that are in town, to see that it con- tains the intents and purposes." It was suggested that conferences also be held .with the Build- ing Department of Palm Beach County concerning this item, and that County'Commissioner George Warren-be asked to set up said conferences. i'Mayor Avery explained that it had been moved and seconded that the City Attorney and City Manager be instructed to COnfer with the County Building Department and prepare a resolution that would make it possible to accomplieh the purpose of the City of Delray Beach handling the inspection of future building on property annexed to the City where water is provided. Upon call of roll, the motion carried unanimously. Concerning a meeting with the Southpoint Shopping Center, City Attorney Adams reported he had written a letter to the bonding at- torneys' regarding the refunding agreement, but had:not as yet ceived an answer. City Manager Holland informed the Council that due to the condition of the east side swimming pool, the County Health Department had ordered that it be closed, that the baby pool had been closed, but the City had prevailed upon the Health Department to leave the pool open in order to complete the swimming classes and summer re- creation program that were in progress. Further, the Health Depart- merit is requiring that the walls be removed and the pipes replaced, the scale eliminated and the entire pool redone.The City Manager said this would take a'considerable amount of money and time, but felt the City has the manpower to do the job. Safety Engineer Roland Joyal explained that the letter from the County Board of Health entails several points, the main one being that the chlorine residual'as required by the Board of Health is not properly maintained, and to correct that situation, the circulation system would have to be removed and replaced. Mr. Joyal explained further, as follows: "We tried t° comply with all of their require- ments, and we have, with the exception of the .actual piping that we cannot do unless we tear up the pool decking. That would include the removal of a portion of the sidewalk. As you gentlemen recall, when the pool was made smaller years ago, a part of the circulation system was put under the present sidewalk, so it would entail the removal of -4- 6-29-64 the fence, a portion of the sidewalk, and possibly a cut all around the pool decking of a foot or so to uncove= and remove the old ex- is~$ng p~ping." Mr. Talbot asked if the pool could be hand fed w$~ chlorine a~ Mr. Joyal explained that the County require an auto~%$~= chlorine ~d apparatus of some type, and the City had been given=~i'~easonable a~ount of time by the County to take care of this item. It was pointed out that the pool wasapproximatel~ 3~ years o~ and the major portion of the. circulation system is ~9 was 0=%ginally installed. Mayor Avery aske~ the condition of the body oft he-pool, and C~ty..Manager Holland replied as follows: "You ca'~walk'on'it and it w~l~ float, without water. I think the only thing that is holding i~:Up now is the steel structure under the bottom... " Mr. Talbot inquired if that was from hydrostatic pressure and Mr. ~oyal explained as follows: "Apparently over a period of time t~e ~i!l underneath the pool has either washed away from:ppsSibly or seepage, but h.n the pool is empty you can on it and~t.sounds hollow. There is hydrostatic pressure." It was explained that the water supply and pump were adequate for the County requirements. Mr. Joyal informed the Council that he had been advised that at the time the County Board of Health took over the health require- ments of the pool it had been considered Obsolete, but inasmuch as they had accepted it at that time, as long as the City makes an earn- est effort to meet the requirements as set forth by the County Board of Health, they would go along with the City and would give them a reasonable length of time to compXy with their require~ents. Mr. Saunders asked the amount of money remaining in the pre- sent budget for that facility and Finance Director Weber reported that the balande in repairs for buildings is $1,507.00, .repair of machinery and equipment, $350.00 and other repairs $168.00, making a total of $2,125.00. Mr. Talbot suggested instructing the City Manager to have specifications made and ask various pool companies to bid on same in order that there may be some knowledge, of cost of getting the pool in good condition, further, that he felt it was too big a job for the City employees. Following discussion, Mr. Talbot commented and moved as follows: "I would like to move that the City Manager be instructed to draw up specifications for complete rehabilitation of the pool, and put them out for bids, or advertise for bids, according to pro- cedure.'' The motion was seconded by Mr. Barrow. Mayor Avery explained as follows: "It was moved by Mr. Talbot and seconded by Mr. Barrow that the City Manager be instructed to draw up a set of specifications and put out to bid the work for com- pletely rehabilitating the pipe work of the pool." Mr. Talbot: ."The pool. I would say the pool." City Manager Holland: "I think you can fix it for another 35 years, that is economically thinking." Mayor Avery: "Then the motion is clear." Mr. Talbot= "The pool complete is what we are talking about." Upon call of roll, the motion carried unanimously. City Manager Holland said he would advise the County BOard of Health of the action taken by the City Council tonight. Mr. Saunders asked concernimg some regulation that prohibited children swimming in the pool at night, and City Manager Holland and Mr. Joyal said they were not aware of such a regulation, but there were certain hours in the evening for adult swimming classes. Mr. Saunders was advised that this would be investigated. City Manager Holland referred to a bad drainage Condition on N. E. 3rd Avenue and informed the Council that he had i~S~ected this -5- 6-29-64 personally with the City~ngineers. . -Mayor Avery said he hadreceived numerous complaints from businessmen located on N. E. 3rd Avenue north of 2n~ Street, con- cerning this. drainage problem, and that.theseproperties had paid a arai~age assessment and were entitledto some relief. City Engineer Fleming read his following report: "REPORT ON DRAINAGE CONDITIONS NE Srd AVENUE IN FRONT OF METZLER AND iSLAND SALES & SERVICE PROPERTXES. Levels were run in this area on June 25, 1964 with readings on the west edge of'pavement, in existing swale.and approximately on the R/W line of NE 3rd Avenue~ and at 15 foot intervals measured north from the existing inlet at the northwest ~orner of NE 2nd Street and NE 3rd Avenue The southerly 75 to 80 feet of this area is paved, the portion between the normal street paving and the laundry building having been pave~by the property owner. The swale in this area has developed two slight depressions, the 1argest of which is only about ½~ in depth. This can be remedied by light patching when proper material is available. The balance of the area west of the street pavement is shell and limerock. It is in this area that trouble velops due to trucks and cars gradually cutting out the. rock when they leave the paved street.. This can he re- medied by filling the depressions with rock, shaping and com~acting, but as stated above, traffic would in time cut out new depressions. pro~0~!s...for Correction: A. Scarify, reshape and com- pact existing rock area between street pavement and pro- perty line. This would involve approximately two days time of street department crewdue to care which would be recl~ired in finishing swale to grade, approximately .15%grade. Approximately 2 CY of clean rock would be required to facilitate finishing. As stated above, this would be subject to future cutting out by traffic. B. Scarify.and 'reshape a swale and pave same between street pavement and property line with hot-mAx asphalt from the north end of existing pavement at laundry building to north line. of Island Sales & Ser- Vice Co., property- a distance of approximately 160 feet. Approximately 10 .tons asphalt at $12.00 per ton, .. including laying. Cost approximately $250 including shap- ing of swale. C. ~eshape swale from 15' north ofexisting inlet to north lineof Island Sales property. This would correct slight depressions in existing paved swale. ~aving of that portion north of the present paved swale would be charged to abutting property owners. Cost approximately same as above but very slightly better g~ade obtaAned. D. This would provide for loweringthe inlet at the south end of project approximately 2 .inches~ and then reshaping the swales as outlined inProposal C to this point. This would, have the advantage of providing a better gradient in the swale to provide faster run-o~f - also an easier grade to finish as to run-off. -6- 6-29-64 i29 "Disadvantages are that ti~i~ would cause an added depression at the corner Of 3rd Avenue and 2nd Street where traffic is turning. Also, it would create an undesireable swale in front of the La~- dry Company property. Considerable added cost would be entailed in lowering the'inlet top and ~onstructing a new base for the swale. Estimated'cost $500. The writer's recommendation is for Proposal A un- less the affected owners are willing to pay the cost'of paving, in which case Proposal C is recom~ mended." Mayor Aver'y explained that when the affected properties were built upon they were above the crown of the street. The crown of the street now is well 'above-their property, and they are not getting the drainage they paid for. During discussion, Mayor Avery asked if any thought had been given to putting a catch basin near the critical point of drainage a~d City Engineer Fleming commented as follows: "That has been con- sidered but it would be more expensive than is necessary, due to the fact that we can pave the swale down to an existing catch basin. Ordinarily the area between the paved portion of a street and the right-of-way line of the' property owners property becomes their responsibility to pave, not the City's. That is true in residential distriots. It ia not necessarily true.in downtown districts. I think the CoUncil would be perfectly in order, if they so desired, to order me to go ahead and make the proper .swale t°. the-catch basin, pave the area as required and once and for all be rid of this pro- blem. This could be done for approximately $500~00 and there is money available in the existing street fund." Mr. Croft Roved that said drainage problem be taken care of as just explained by the Clty Engineer, the motion being seconded by Mr. Talbot. Mayor Avery explained that .it had heenmoved that the City Manager be directed to pave this swale in such a manner that would take care of it for all time, the cost not to exceed $500.00. upon call of roll, the motion carried unanimously. City Manager Holland informed the Council there was a bad condition of the seawall existing at the south end of the City boat docks which could cause the loss of same, and continued as follows: "I met with Mr. Fleming, Mr, Woodard and Col. Herman G. Schull, Jr. of the F.I.N.D. and he technically denies any liabilities as far as the dredging is concerned and was to have his engineers down to give us an answer last Friday,' which he didn't~ do. We have taken the liberty to not'ify Col. Schull of our intentions and to.secure es- timates from the Murphy Construction Company and Ray Qualmann Marine Contractors as to what has to be done. There is one technical pro- blem that Col. Schull brought out. He doesn't know how we happened t. get our docks jutted out into the canal to start with." City Attorney Adams informed the Council that the original dock lease provided that the docks would be constructed subject to the approval of the ~orps of Engineers,. so undoubtedly that approval was obtained. The City Manager said the tanks at the docks were full of gasoline, and the Fire Department had asked that some protective measures be taken. City Engineer Fleming commented as follows: "As the City Manager said, there is a droppage or.street cleavage of the seawall in front of the ~aptains shanty, of the south 59 feet of the City marina. Not only. cleavage, there is a separation of an inch or so. -7- 6-29-64 "This.undoubtedly, in my estimation, is due to the fact that the dredging of the canal has caused a certain amount of undermining. Col. Schull was thereand observed it, and was to make an estim- ation. However, we are extending .out fifteen feet or--ore into the right,of-way of the Intracoastal canal. There is an~imm%diate danger, in my estimation, due to the,fact that the gasoline tanks containing the lines going to the p~mps at the dockside may separate causing gasoline and fumes to spread over the area. I don"twant to alarm anybody. It is merely a-possibility, but I think action should be taken immediately upon it. I have a quotation from Mr. oualmann for the complete replacement of the seawall which inVOlves a batter piling~ that is a piling driven on an angle, up against the seawall. A complete recapment of the seawall and a replacement of the area, which will run between $1,500.00 and $1,600.00. In this respect he proposes to replace the sidewalk .and to take care of any separation possible in the pipes. I received that verbally today. I do. not have it in writing." ' City Engineer Fleming then read the following.letter from ~he Murphy Construction Company to Commander G. F. Leedy of the Delray Beach Yacht Club, dated June 25, 1964= "Confirming our telephone conversation this date, we are pleased to quote on the repair work at your west dock. We will furnish all necessary labor, material and .equip- ment to remove and reple~e 90 feet of sidewalk (including wire meah)~ straighten gasoline pumps, seal bottom, of wall and backfill~ also repair tiebacks, if required~ all for the .lump sum price of $!,0~0,00 .{0n~ Thousand~ Fift~ and No/10~.~ollars). This does not include any repairs to the existing wall, nor can we guarantee that the wall wi11 not leak at some future time. Thar~k you fOr the opportunity of submitting this proposal and, if it meets with your approval, kindly sign one copy of this letter where indicated below, returning for our files." Engineer Fleming continued= "Mr. Oualmann, in his proposition has proposed to repair the seawall so that it will not leak. Mr. MurPhy has proposed, as I understand it, only to repair the side- walk and the apparent damage...Mr. Oualmannstates that he will start immediately and. I believe Mr. Murphy states the same.. I Came.pre- pared to recommend Mr, 0ualmann's statement, as ! didn"t receive this one from Mr. Murphy vnti~ it was too late to discuss it on the ground with his representative." Attorney John Moore, representing'the Plym Company who hold the leas· on the City docks, introduced Commander G. F. Leedy~dock- , master at the. Delray Beach Yacht Club and the City dock's. Commander Leedy informed the council that at the t~me the bio from The Murphy Construction Company was submitted the seawall did not need to be repaired,' but at this .~me, it is in need of repair. Further, that he would not rec°mmend.th~ batter pile on the seawall, if boat refueling was i~tended in that location as it'woUld damage the bottoms of the boats~ Commander Leedy recommended, that T pile be used, or if the batter pi~e was Used a wooden walk would nee~ to be constructed. Mr. Barrow asked for-an opinion of the City Attorney concern- ing the lease on the boat docks, and Attorney.Adams replied~ "I think the critical part to be in~erpreted is'that the lessee coven- ants and a'gree~ th~,~!. ,~ will keep a~! improvements erected and in- Stalled in, up~i:O~'~O~g said premises in a good sta~e of repai~ ~8- 6-29-64 431 "and preservation at all times, and shall not permit, co,it, .or suffer any waste, impairment or deterioration of said in~la'tio~s or £~Provements on any part thereof, ordinary wear and tea~ excepted, amd damage by the natural elements excluded. we got into a similar problem about a year ago. Thel; obli- ga'tion at the end of the lease term is to turn the docks bask to the City, ordinary wear and tear alone excepted, and if Enginee~ Fleming or a~ybody can determine that this was c~used by somethin~ ~her tha~ '~rdinary ~ear and tear or the natural elements, in my opinion, the lessee Mr. Flym, ought to repair same. If ~t is determi~ed that i~. is ordinary wear and tear, then possibly some other arrangement should be made." Mr. Barrow said he was On the Council at the time the original lease was made with Archer & Warriner, Inc., and it was the intent of the Council at that time to 91ace the Yacht Basin in pFivat~ hands at a .nominal rent and eliminate the expense to the City o~ OPerating same. Further, the lessee would keep same in complete reBai~ and turn it back to the City in the same condition'at the end of~'the 'lease. Mayor Avery said it had been mentioned that this damage could have been caused as a result of the canal dredging, and that was a point that should be considered. Attorney John Moore commented as follows= "I think that this is not the first occurrence, on either this last reach o~ the dredg- ing contract or the prior one that started north o~ Atlantic Avenue, and if I am not mistaken, F.I.N.D. has disclaimed all liability for any seawall caveins. Concerning Mr. Barros~s statement about it being turned back exactly ae;~t.was in 1955, with the exception of normal wear and tear. I think normal wear and tear on seawalls is caused by probably~, two things. The wash action and the wave a~tion from the boats which normally pass backwards and forwards there, and also from hydrostatic pressure that builds up. when the wake washes it out below, the hydro- static pressure builds up and bulges these seawalls out. That is true all up and down the coast of the United States. I think, frank- ly, that is normal wear and tear. I think an equitable solution, perhaps, would be one that was arrived at with the City when we had the same trouble at ~he north end of 'the docks, that being that the Plym Company go ahead and make these repairs. The Plym Company wii1 pay for half of them and the City will pay ~or half of them by allow- ing the discount o~ his annual rental. That to me seems as fair and equitable as anything that can be arrived at under these .circum- stances.'' It was made known that the annual rental on the docks was a minimum of $1,000.00 per year, with a sliding scale above that in the event the gross rentals exceeded that figure: During discussion, City Engineer"Fleming Suggested that the gasoline tanks be disconnected and capped, thus eliminati~g that danger, and the situation of repair to the seawalI and walk, etc. could be studied and some conclusion reached about what should be done and how it.would be paid for. Attorney Moore cautioned the Council that time was important, as each day the seawall became more damaged. Attorney Adams commented= "Actually the lessee, Mr. Moore's client is responsible for anything that happens. They have assured the City that they wil~ defend all causes of action and they are undoubtedly more impressed with the emergency than the City would be. If you did want to agree, there is no covenant in the lease that the landlord will make these repairs. However, if you do feel that it is ordinarywear and tear, the only way you can reconcile spending the money is that this ~ould lessen the ordinary wear and tear and the docks would be in better shape at the end of the term when you .are going to get them'back." 6-29-64 Commander Leedy informed the council that the sidewalk and . steps leading _to the small building at the City dock'was being under- mined also.. City Attorney Adams= "If Mr. Fleming is of the opinion, or if there is a possibility that F.I.N.D. or Corps of Engineers did this, it wouldn't be ordinary wear and tear and it wouldn*t be the City*s responsibility. If there is an emergency, maybe they can fix it and argue it later with the City.' City Manager Holland informed the. Council that the City Engi- neet still feels the gasoline tanks should be discontinued andother plans could be made later. The City Manager agreed with Commander Leedy that the conditions continually become worse, and should be taken care of. Mr. Talbot asked if what had been recommended would correct the overall situation,'to which City Engineer Fleming said that Mr. Oualmann and Mr. Murphy wereboth qualified marine construction men and they said that was a.permanent correction to the situation here. Mayor Avery said if the Council wanted to accept the PIym Company proposal, made by Attorney Moore, of sharing the cost with that company, there would only be approxtmately$600.O0 cost to the City, and that would be deducted at the end of the ·year from revenue. City Engineer Fleming suggested: "We could take the first step in disconnecting the tanks and eliminate the hazard, and then go into it a little further with a meeting with Mr. Plym, Commander Leedy, myself and the engineers and make our recommendations to the City Manager." Mayor Avery and.the Councilmen agreed that there would be a special Council meeting called, if necessary, to take care of this Mayor Averyreminded the Council that City Engineer Fleming had suggested and recommended that the gas tanks be disconnected and capped off, and that the City Manager, City Engineer and repre- sentatives of the~Plym Company meet immediately, tocome up with the proper solution and estimates to fully correct the situation, and present same to the Council as quickly as is deemed necessary. It was so moved by Mr. Talbot, and seconded by Mr. Croft. When asked if the Corps of Engineers wou~d be included in said conference, City Manager Holland informed the Council that Col. Schull had informed Mr. O. W. Woodard they woulddeny andl respon- sibility whatsoever. Mayor Avery said the City WOuld want further consultation with them. Upon call of ro11, the motion carried unanimously. City Manager Holland informed the council that at the time the special police guard was hired at the Community Center, there was an 11=00 P.M. closing time, but there had been requests to remain open until midnight for theFriday night youth dances. Mayor Avery said that after much effort, the teenagers had organized and were having very good attendance at their Friday night dances. Further, to approve the request would necessitate Council approval of one additional hour, once a week, for the guard, and there is sufficient money in the Recreation DePartment budget to cover same. Mr. Saunders movedthat the dances be allowed to continue until 12:00 o'clock on Friday nights, the motion being seconded by Mr. Barrow and unanimously carried. Mr. Croft said that there would be many requests to the Coun- cil for a change of policy, extended services, etc. similar to the request just granted, and continued as follows: "I like to be con- sistent. If we change policy, I would like to have this Council receive a report and a comparison of the results that have been ob- tained. We are talking about just this one man, but we have other expenses such as lights, and other things that the City has to pay for. It is a real small item, but ! think we will have many requests. -10- 6-29-64 with the budget coming up, and we have all indicated that we will scrutenize it with a keen eye. I W°uld like to have a report, if extending this thing is going to produce reaults, I would like to have that by the time we consider our budget the last of August or first of September," Mayor Avery said that since Mr. Croft had requested such re- port, he would ask that it be presented. City Manager Holland said it was his understanding the tended time for the Friday night dances would only be until school starts in the fall, but Mayor Avery said he saw no difficulty in that time continuing through the winter as well. J~ity Manager Holland informed the Council that the Junior Chamber of Commerceat Boynton'Beach had requested a $50.00 contri- bution to the Soap Box Derby event to be'held again this year, and there was sufficient money in the Recreation Department budget to take care of same. The request was unanimously granted on motion by Mr. Croft and seconded by Mr. Barrow. City Manager Holland requested Council approval for the pur- chase of a power grease gun for use at the City garage at a cost of $300.00, and stated that there was money available'in the City Man- ager's Equipment Contingency Account. Finance Director weber said that $300.00 should be transferred from said Contingency Account to the Garage Fund. The request and transfer were unanimously approved on motion by Mr. Barrow and se- conded by Mr. Saunders. concerning naming of the C-15 Canal, Mr. Barrow informed the Council of a letter from Boca Raton recommending that said Canal be named Del Raton River. Further, ifthe Delray Beach Council approves of that name, Boca Raton and Delray Beach should each prepare a re- solution to be forwarded to the proper.authorities, to accomplish the anming of said C-15 Canal. Following discussion, Mr. Barrow moved'that this item be tabled for further study, the motion being seconded by Mr. Talbot and unanimously carried. The meeting adjourned at 9:00 P.M. R,~ D. WORTHING .h.,y. City Clerk APPROVED: MAYOR ~ -11- 6-29-64 ORDI~N~lg NO. G'560. AN ORDINANCg OF ~ CITY COUNCIL OF T~E CITY OF DELRAY BEACH, PLORIDA, SETTING FORTH STRICTIONS ON OWRERS OF LOTS WITHIN THE CORPO- RATE LIMITS WHO ~AINTAIN OR ALLOW ACCUMULATIONS OF SAND, ROCKS, DEBRIS OR SPOIL IN EXCESS OF CERTAIN HEIGHTS~ PROVIDI:NG FOR EXCEPTIONS~ AND PROVIDING FOR THE COMPULSORY ABATEMENT OF ANY SUCH ACCUMULATIONS EXISTIN~ AT THE ENACTMENT HEREOF UPON A DETERMINATION BY THE CITY C0~NCIL OF THE EXISTANCE OF A PUBLIC NUISANCE. WHEREAS, The City Council has power to provide fo~ the s~fety, preserve the health, promote the prosperity and improve the morals, order, comfort and convenience of the City o~Delray B~ch and the inhabitants thereof~ and WHEREAS, the City Council has determined that the mainte- nance of certain accumulations of sand, rocks, debris or spoil upon private property may under certain conditions be dangerous to human life, health or welfare, and have an adverse effect on the pros- perity, comfort and convenience of the inhabitants of the city, and thereby constitute a public nuisance~ and WHEREAS, the City Council deems it necessary to pass this Ordinance on an emergency basis for the immediate preservation of the property, health and safety of the citizens of this city~ NOW, THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS= SECTION 1. It shall be unlawful to allow or maintain on any lot located in either a limited commercial or a residential zoning district within the corporate limits of this city any ac- cumulation of sand, rocks, debris or spoil at a. height of over three feet measured from the crown of either the front or side street or road on which it is located, whichever is lower. In the event said lot or parcel is not located adjacent or contiguous to a paved improved street then the height shall be measured from a grade established by the City Engineer in accordance with what the city specifications would require if said street had hereto- fore been improved. Provided however that this height limitation shall not be applicable to those lots fully enclosed by a reinforced concrete retaining wall constructed to a height equal to or in excess of the accumulation of the sand, rocks, debris or spoil maintained or lo- cated on said property. S~CTION.2~ Any lands within the corporate limits of the city which are in violation of the above requirement as a result of the enactment of the above section shall be allowed to maintain such spoil areas until such time as the City Council deems such mainte- nance a public nuisance. The City Manager shall immediately survey any lots or parcels of land in the city wherein spoil accumulations exist in violation of the above section, and the City Council shall make an inspection and hear sUch supporting data as it may require of the City Manager and his department heads in order to decide if a public nuisance exists. If the City Council decides that a prima facie case showing the existence of a pubIic nuisance is established Page 2. ORDINANCE NO. G-560. the City Council shall'then direct the City Clerk to send a written notice within five days thereafter to the -l%et record owner of each of such parcels of land declared to be a nuisance at' the last avail- able address for such owner, such notice to be in substantially the following form: NOTICE ....... D~te TO: ADDRESS: PROPERTY.. You, as the owner of record of the property above de- scribed, are hereby notified that the City Council of Delray Beach, Florida, on the day of , 19 , determined that a nuisance exists upon such property caused-~Y (list briefly the details). You are hereby notified that you must abate this nui- sance within sixty (60) days, failing in which you shall he in violation of this chapter and upon conviction be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach. PASSED AND ADOPT~D this 29%h. day o~ June, 1964, to he effective immediately. /S/-AL. O. AVERY MAY~R ' · ATTEST: '.City Clerk