07-27-64 JULY 27, 1964.
A regular meeting of the City Council Qf Delray Beach was held in
the Council Chambers at 8~00 P.M., with Vice-Mayor J. %e~¥ Croft in
the ~hair, City Attorney John Ross Adams, City Manager RObert J.
~Oll~nd, and Councilmen Emory J. Barrow and Jack L. Saundmrs being
present.
Vice-Mayor Croft welcomed Councilman Saunders back from vacation.
1. An opening prayer was delivered by the Rev. J. R. Evans.
2. The minutes of the regular Council meeting of July 13th, 1964, were
unan%mously approved on motion by Mr. Barrow and seconded by Mr.
Sau~ders.
3. ~s. Helen Voit, 1102 Miramar Drive, informed the Council that her
previous complaint of her sidewalk being submerged when it rains had
not ~een taken care of. Further, she felt this condition was a result
of sewer installation and that she had complained of said condition
numerous times~
City Manager Holland informed the Council that he would investi-
gate this complaint.
X. Vice-Mayor Croft asked if there were any bids to be submitted at
this time on the proposed City employees' retirement plan.
4. Vice-Mayor Croft read the following Beautification Committee meet-
ing minutes of Thursday, July 9th, 1964:
"Members present: Bingham, Croft, Merritt, Gooder, Smith,
Bowen and Cartee.
For the benefit of those persons unable to attend, a review of
the City tour taken last Thursday p.m. was presented. Sites
particularly noted on the trip included the nursery, the pro-
posed ball park adjacent to the south Delray water tower, the
cemetery, the Paul Knowles Memorial Park at S. E~ loth Street,
the civic club signs on Route 1, and the railroad crossings
and areas adjacent to the F.E.C. tracks.
This committee would like to see a shelter, including rest
rooms, constructed at the Paul Knowles Memorial Park at S. E.
10th Street, and recommends that the City make provisions for
this structure.
The balance of the meeting was concerned with monies needed
to finish beautification projects already under way and
itemizing those considered to be next in importance.
The budget, with explanatory notes, will be submitted to Mr.
Holland next week.
Mrs. Virginia Meyers of the Community Relations Committee, who
asked to come and speak with us regarding work of her committee,
was granted permission to come to the next meeting on August 6th."
Vice-Mayor Croft said the shelter mentioned for the Paul Knowles
Memorial Park is an item .that could be considered in the next budget.
4.a. A roll call showed the following Civic Organizations and re-
presentatives to be in atten4ance:
Lions Club Mr. Dave Tyson
V.F.W. Mr. ClarenCe Bingham
Jaycees Mr. Charles Gwynn
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5. City Clerk Worthing read the following letter to City Manager
Holland from Dr. L. C. Ogburn0 ~ated july 25th=
"For several weeks the city was doing a very progressiv~ and
sensible thing in turning the ~stop and go~ lights into
~blinker' lights during the hours of light traffic. The num-
ber of wasted hours caused by needless stop lights was no
doubt cut by several hundred per year when we did this. It
also removed the temptation to bre~k the law by going on thru
anyway instead of sitting uselessly when traffic conditions
do not Justify it. I hope our Council will reconsider the
problem and instruct you to operate our traffic control
mechanism as indicated by the amount of traffic. Somebody has
been doing a very good job until the past few weeks."
Vice-Mayor Croft asked that City Manager Holland and City Engineer
Fleming take..this item un,er consideration and report back to the
Council at a later date.
5. City Clerk Worthing read the following letter, from the Gold Coast
Colt League, Inc., signed by Mr. John W. Wilmer, dated July 27th, 1964
"This letter will confirm the matter discussed with you on
Saturday , July 25th.
On last Friday evening in Fort Lauderdale, the Gold Coast Colt
Baseball team, (15 and 16 year old boys), defeated the lsst re-
maining team in the District A championships of the Colt League
and became the District Champion. This was a repeat victory for
this team which last year also was District A Champion. As a
result of its victory the team will participate with two other
District champions, one from the Orlando area and one from the
Tampa -St. Petersburg area, to determine the Florida State
Champion. The Florida Champion in succeeding we~ks~.will, com-
pete with other stets champions and .eventually, just. before
La,or Day~ a National champion will emerge.
Last year, when our team was successful, the three cities of
Delray Beach, Boynton Beach and Boca Raton were willing to
support the ~sam~s ~uture endeavors by each city contributing
$200 toward the team's expenses. The team this year is compose~
of boys from the three cities previously mentioned, and entirely
by coincidence, each city has supplied five boys.
I have spoken informally to the appropriate people in the other
two cities, and I have every reason to believe that each of them
will take official action in supporting us again this year with
a $200.00 contribution, we of the Colt League earnestly request
your consideration of this matter.
I am sure that you will be interested to know that the activities
of this team have been reported in the eight newspapers to be
found in Palm Beach, Delray Beach, Boca Raton, Pompano Beach and
Ft. Lauderdale, and, in addition, a daily radio broadcast has
taken place. This coverage which prominently mentions the three
cities concerned with the'Gold Coast Colt League willcontinue
from Orlando, and other cities until the team is defeated."
Mr. Barrow moved to ~ppropr~ate $200.00 for the Gold Coast Colt
League, and that the money be transferred from the Contingency Account
~Io. 910 858 800 to the Recreation Account No. 910 720 490 for that
purpose. The motion was Seconded by Mr. Saunders and carrie~ unani-
mously.
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5.a. Mr. Barrpw moved to rescind ~he action of the Council at the
regular meeting of July 13th, 1964, in which the Council referred a
permissive use request on Lots 4 & 5, BloCk 1, Ocean Park, to the
Board of Adjustment. The motion was seconded by Mr. Saunders and
carried unanimously,
6,a. Bids on Plan 2 of the proposed City employees' .retirement plan
w~re received and opened from the following banks and insurance
c~mpanies:
FSFst National Bank of Delray Beach
FSrst.National Bank of Miami
~i~Y National Bank of Miami
Miami Beach First National Bank
~irst National Bank of Fort Lauderdaie
Lincoln National Life Insurance Company
Financial Programs, Inc. - Continental~Assurance
~ariable Annuity Life Insurance Company of America.
MaSsachusetts Mutual Life Insurance Company
Metropolitan Life Insurance Company
Occidental Life Insurance Company of california
New York Life Insurance Company
Prudential Insurance Company of America
Pacific Mutual Life Insurance Company
Bankers Life Insurance COmpany of Des Moines, Iowa
Provident Mutual Life Insurance Company (City Clerk Worthing stated
he believed this bid hag been delivered by another agent rather
than by the Agent of Record furnished to Mr. Woodard earlier in
the program.)
Connecticut GeneralLife Insurance Company (City Clerk Worthing
stated this bid had been received Saturday, and another bid
was received today from the same company.)
Mr. Saunders moved that these bids be referred to the wyatt Company
for tabulation and analysis, and be returned to the Council with a
recommendation as to the bid that would be the most advantageous for
the City to accept,and that copies be made so that each company sub-
mitting a bid would receive a copy of the recommendation of the Wyatt
Company. The motion was seconded by Mr. Barrow.
Mrs. Helen Voit asked if it could be requested by the Council that
the analysis of these bids by the Wyatt Company show reasons for their
recommendations. .
Mr. Saunders asked Mr. Shively of the wyatt Company what their re-
port would include, to which Mr. Shively answered: "The report will
give a complete analysis of all bids received. It will give the best
bid first and so on down the line, and it will be up to the Council
to decide which one they wish to deal with of the proposed."
Mr. Saunders: "You will not recommend any particular one?"
Mr. Shively: "I think what will be recommended will be a method.
Either one way or the other. Either trusteed or insured. Who you
choose will be who the Council chooses to work with in this particular
matter."
Upon call of roll that said bids be referred to the Wyatt Company
for analysis and recommendation, the motion carried unanimously.
6.b. Concerning consideration for extension of sewer line installa-
tion, City Clerk Worthing reported to Council as follows: "It ap-
pears, from reference to the ~key map' of the Sewage Works Project,
that the consulting engineers failed to provide sewer line installa-
tion along S..W. 4th Streetbetween 3rd and4th Avenues, and therefore,
Lots 18, 19, 20 and 21, Block 40, which lots front on that part of
said S. W. 4th Street, have not been furnished sewer service though
they lie within the TO BE SEW~REDA~ of the sewer project. Author-
ization is therefore requested to p~v~e such sewer line extension
in order that these platted lots of record, within the intended
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sewered area, may be furnished a conneCtion for sewer service."
Mr. Barrowasked why this line had not been installed and ~4r..Neff,
Project Manager for Russell & AXon, said these lots had not been over-
looked. During lengthyco~ments, Mr. Neff said,that in view of the
amount of sewer money, he had been reluctant to spend $2,000.00 to in-
stall a sewer line to service the one house in that area. Further,
this line is'on the edge of the severed area and could be included in
any future extension.' Mr. Neff pointed out that Barbarossa a Sons
had finished the sewer line installation and were moving all of their
equipment out of town~ therefore, if it is the desire of the Council
to install this portion of sewer at this time, this should be the last
to be installed.
.During comments, City Manager Holland referred to another piece of
property within phase one of the sewer project where the property of
Mr. Clayton Hale could not connect onto the sewer without the line
being run underneath his building
It was mentioned that if this item was not taken care of at the
present time, it could possibly be done' by the City at a later date.
Mr. Saunters then moved that the sewer line on S. W. 4th Street,
between 3rd and 4th Avenues, not be extended at this time, the motion
being seconded by Mr. Barrow and unanimously carried.
6.c.1. City Clerk worthing informed the Council that anapplication
had been received from the owner of Lot 18, Lake Shore Estates, 2013
N. W. 4th Avenue, for water service to be extended to that property.
Further, a sufficient supply of water had been determined to exist in
this general area b~ the Water Superintendent, and it is recommended
that this application be approved. Subject to'such approval, an ordi-
nance for annexation of said Lot 18, Lake Shore Estates,would be sub-
mitted to COuncil this evening.
The application for water service to Lot 18, Lake Shore Estates,
was unanimously approved on motion by Mr. Barrow and seconded by Mr.
Saunders.
6.c,2. Concerning an application for water service, City Clerk
Worthtng informed the Council as follows= "An appiication has been
received from the. owner of Lot 49, Delray Beach Shores, located at
1002 Brooks Lane, for water service to be extended to said Lot 49.
A suffic£ent supply of water has been determined to exist in this
general area by the Water superintendent and it is recommended that
this application be approved. Subject to such Council approval, an
ordinance will be submitted this evening, providing for annexation
of this parcel of land."
Mr. Saundera moved .that the application for water service to Lot
49, Delray Beach Shores,be granted, the motion being seconded by Mr.
Barrow and. unanimously carrie~.
6.c.3. Concerning an application for water service, City Clerk
Worthing informed the Council as follows: "An application for water
service has been received from the owners of that part of the North
100 feet of the South 2520 feet of Government Lot 1, Section 28, Town-
ship 46 South, Range 43 East, lying'east of State Road A1A, located
at 1801 South Ocean Boulevard. A sufficient supply of water has been
determined by the water Superintendent to exist in this area, and it
is recommended that this application be approved. Subject to such
Council approval, an ordinance will be submitted this evening, pro-
posing annexation of the property involved, subject to same being de-
clared to be in R~3 (Multiple Family Dwelling District). This pro-
perty lies approximately 1700 feet south of the Hamilton House and
600 feet north of the Fountain House."
I.t was questioned if the R-3 zoning was proper for this property,
and City Clerk Worthing informed the. Council that a local architect
had completed plans for construction on this property, consist/ng'
of ten condominium buildings of only two stories in height.
The application for water service to this property was unanimously
approved on motion by Mr. Saunders and seconded by Mr. Barrow.
6.d. Concerning review and up-dating of the City's occupational
liqenSe schedule, City. Clerk Worthing informed the Council ~hat it is
be!i%ved the presentSchedules, in part,' are outdated and ~' need of
revSSion. Further, it is requested that a Committee of thF~ be
appel,ted and directed to re$iew Section 16., with-the aSS%~nCe of
th~ ~tY Attorney, and submit to Council, at the earlies~PaSsible
date,'an ordinance reflecting the Committee's recommended ghanges.
~r. Barrow moved that this item be tabled until there ii~a full
council present, the motion being seconded by Mr. Saunde~s~':a~ unani-
mo~ carried.
6.e, Concerning request for authorization to terminate a'99 year
lease on certain lands, City Clerk Worthing presented the f°!!owing
MemOrandum to the City Manager, dated July 16, 1964:
"~ference is made'to a Lease,-dated AUgust 22nd, 1949, eDtered
iDto between the City and Lake View Hospital Associati6n~'~nc.,
provided for lessing to sai ssociation, for of
99;~years, Lots i thru 6 and Lots 19 thru 22, Block "B";"W~stside
Heights.
An excerpt from said lease reads as follows=
'It is further agreed by and between the parties hereto
that.in the event the above described property is not
used by the Lessee for hospital or other related pur-
poses, within two years from date, and the Lessor
needs and wishes said ProPerty for. a worthy civic,
pubIic or c~aritable purpose, then this lease may be
declared terminated by the Lessor by giving notice
of 90 days of intention' to terminate this lease.'
No use has ever been made of this property an~ now that fifteen
years have passed it would appear to me that such lease should
be terminated.
This property lies betweea N. W. 8th and 9th Avenues and com-
prises the north half of said Block "S", WeStside Heights less
the parcel of land occupied by the American Legion fronting on
N. W. 8th Avenue 115 feet and having a depth of 136 feet."
Vice-Mayor Croft said he understands'this Lake View Hospital
Association, Inc., no longer exists, and asked city Attorney Adams
if the City was on firm ground in terminating said lease.
city Attorney Adams said the City was within its rights to do this,
and it would be proper for the Council to direct the Mayor to execute
the appropriate instrument to cancel said lease; It was so moved by
Mr. Barrow, seconded by N r. Saunders and unanimously carried]
6.f. Concerning proposed improved lighting for N. E. 2nd Avenue, from
Atlantic Avenue to 4th street, the following letter from Florida Power
a Light Company, dated July 8th, 1964, was presented:
"In regards to your letter of March 25, 1964, requesting in-
formati~n for relighting N. E. 2nd Avenue from Atlantic Avenue
to N. E. 4th Street, we make the following recommendations:
1. Cost per year of present lighting -
14 -10,000 lumen lights ~ $51.00 = $714.00
4 - 2,500 .... ~ 22.20 = 88.80
17 - wood pole rentals ~ $2.00 = 34.00
Total cost per year, $836.80
2. Cost per year of replacing wood poles with concrete poles
(using existing lighting layout) -
14 - 10~000 lumen lights $ $51.00 = $714.00
4 - 2,500 .... ~ 22.00 = 88.80
17 - concmete pole rentals $ 9.00 = 153.00
Total cost per year, $955.80
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"3. Cost of increased lighting Per year using wood poles - Replace 14 - 10,000 lumeD with 14 - 20,000 lumen
Mercury Vapor lights m $1176.00
Replace 4 - 2500 lumen lights with 4 - 11,000
lumen Mercury Vapor lights m 220180
Rental on 17 - wood poles = 34.00
$1430.80
4~ Cost of increased lighting per year using concrete poles -
Same as item 3 except $153.00 in pole rentals.
For any additional information, please contact us."
The following memorandum from City Engineer Mark Fleming to City
Manager Holland, dated July 22nd, was also presented.:
"Subject: Street lights - N. E.. 2nd Avenue.
Referring to Mr. Senior's letter of July 8th, 1964, the Present
cost of lighting on N. E. 2nd Avenue from Atlantic Avenue to
N. E. 4th Street, including pole rentals, is $836.80.
Under Item 2, Mr. Senior suggests that if the same lights are
re-installed on concretepoles, the annual pole rental will be
increased by $119., to make a total cost of $955.80.
Under Item 3, it is suggested that the 10,000 lumen lamps be
replaced with 20,000 lumen mercury vapor lights and that four
existing 2500 lumen lights be replaced with four 11,000 lumen
mercury.vapor lights. If these were installed on the existing
wooden poles the annual cost to the city would be $1,430.80 ,
which is an increase of $594. over the present annual cost.
Under Item 4, it is noted that if the increased cspacity
lighting is placed on concrete poles, an additional $119.
would be added,.making the total additional annual cost to
the city $713.
The proposed increase in. light size would produce ~n amount
of light slmilar to that on each side of Atlantic Avenue be-
tween the Federal Highway and Swinton Avenue, however, on
N. E. 2nd Avenue the proposed lighting would be on one side
only. 'It is my recommendation th'at we request the increased.
lighting to be placed on the concrete poles at the above quoted
annual additional Cost to the city of $713."
The recommendation of the City Engineerwas unanimously approved
on motion by Mr. Barrow and seconded by Mr. Saunders.
6.g. Concerning lots in violation of Ordinance No. G-560, as shown
on survey Submitted to Council on July 13th, it was reported that of
the five items listed, two had the nuisances abated at this time.
City Clerk Worthing read the following letter from Arvida Corpor-
ation, dated July 21, 1964:
"Re: Real property located in Blocks 141 and 149, Delray Beach.
Reference is made to your letter of June 26, 1964 regarding the
disposition of the spoil on the subject property. It is our in-
tention to reduce the elevation of the spoil by using the material
to fili our lower surrounding areas, This project will be com-
pleted within the next few weekS.''
The City Clerk reported that he had been informed by Commander
Leedy today that the contract had been let by the Arvida.Corporation
for this work, and that he was interested in entering into a contract
with that contractor to lower some of the high dredgings on the next
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two hundred feet south of the Delrest Inn, piled on the Plum property.
Further, that only left the james property and the De Rice property
to have the spoil nuisance eliminated.
Mr. Saunders asked Attorney John Moore if he could give the Council
any information on the De'Rice property, and Attorney Moore replied
that Mr. De Rice had said he felt it was a reasonable request that
the'fill be removed.
City Attorney Adams said'it still remains the duty of the Council
to find 'that a prima facie nuisance does exist, and on that date,they
would direct the City Clerk to notify. Mr. De Rice that he had sixty
days'time to abate the nuisance. '
Mr. Saunders said he would like to let this item go until September
first and if nothing' had been done by Mr. De Rice,he would then be
sent a notice giving him sixty days'time't6 abate the nuisance.
Mr. Saunders moved that this item be tabled until the next regular
Council meeting, the motion being seconded by Mr. Barrow and unani-
mously carried.
6.h. Concerning consideration for'reduction in retained percentage
of Barbarossa & Sons contract, the following letter from D. R. Neff,
Project Manager of Russell & Axon, dated July 23rd,was presented:
"Subject: .Reduction in retained percentage,Barbarossa Contract.
1. Barbarossa & Sons Inc. has now completed all sewers west of
the Intracoastal Waterway. This contractor has also completed
all testing and repair of defective lines..
2. I had previously advised this contractor that I would re-
commend to the City Council a reduction i~.his retained per-
centage to aPProximately 5%, as provided for in the specifi-
cations, when this desirable state of affairs had been reached.
3. Barbarossa has completed $847,000 worth of work, and we now
retain%S67,000.
4. It is recommended that the council approve a $20,000 re-
duction in retained percentage at this time. This would leave
a retainage of $4.7,000., which is considered ample to. assure
continued protection of the uity's interest."
The City Clerk stated that it was recommended that the Project
Manager's request be approved as it is believed there will remain a
sufficient retainage balance to assure protection of the City's in-
terests.
Mr. Saunders moved that the City accept the recommendation of
Russell & Axon on this matter, the motion being seconded by Mr. Barrow
and unanimously carried.
6.i. Concerning need for construction of a new four inch test well,
the following memorandum from City Engineer Fleming, dated July 23rd,
was presented:
"Sealed bids for the construction of a 4" test well to be
located on the N, E. corner Of city property immediately north
of the present North Water Plant, were received at 10 A.M.,
July 23rd.
Invitations to bid were sent to fourteen drilling companies but
only one bid was received, that being from Maxson We11'Drilling
of this city. -
Mr. Maxson's bid for the total contract amount is $810.80. The
bid is accompanied by a letter stating the exact methods and
procedures which will be used in the drilling.
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"I have discussed the matter with Mr. Gilbert Clifford of
Russell &Axon, the consulting engineer, and we are both well
satisfied with the procedure as desoribe~ by Mr. MaxsOn. Mr.
Clifford also agrees with'me that the total' bid price of $810.80
is quite reasonable for this.work an~ that the individual unit
prices are all in line with prevailing costs. I would like to
emphasize that the tote1 contract bid price is based on an esti-
mated depth of 120 lineal feet. This depth could vary somewhat
in either direction and the unit price of $5.00 per lineal foot
would determine the actual pa~ent.
It is the recommendation of Mr. Clifford and myself that this
bid be accepted in order that we may expedite the drilling of
the actual well' which will verysoon be needed."
Mr. Barrow questioned only one company bidding on the test well,
and City. Engineer Fleming said they were the only one to pick up the
specifications for biddingbut'~heexpectedmuch better response inbid.
ding on the main well.
Following discussion, Mr. Barrow moved to accept the bid of Mr.
Maxson for drilling said 4" test well, the motiOn being seconded by
Mr. Saunders and unanimously carried.
7.a. Concerning a request from Attorney John Moore, on behalf of Dr.
and Mrs. Moore, to replat their lands in Section 9-46-43, City Clerk
Worthing informed the Council that a copy of said request and plans
had been forwarded to each Councilman with the agenda, and that
Attorney Moore is present to answer any questions that may be asked
by the CounCil. Further, that adjacent property owners or their re-
presentatives have been notified of this proposed change, and the
following letter had been received from Robert Gracey, dated July 27th:
'~Re: Development of Robert L. Moore Property in Section 9-46-43.
This will acknowledge receipt by me, as Agent for the Christenson
family, your letter of July 21st with reference to change in the
development plan of the above captioned property.
I have since inspected the proposed change .as shown on sketch
in'yOur office and find no objection except as to the proposed
relocation of drainage easement.
In behalf of the Christensons I wish to object most strongly to
a 6' easement running east and west along the south property
line~of the Moore property unless this easement be by under-
ground pipe. It is my opinion that a drainage ditch would be
a constant source of trouble and further.i~onstitute a menace
to both life and health. The reasons'f°r this objection are
so obvious that I do not believe further elaboration is
warranted. It certainly appears~that more numerous short
drainage easements northward to the Yacht Basin would be more
feasible.
We do not of course wish to place any unnecessary obstructions
in the path of the proper development of the Moore tract and
will therefore say that the above opinion'is subject to change
provided proper engineering plansindicate the proposed 6'
drainage ditch can be so constructed es to 'remain free and
clear of rubbish and not constitute a nuisance.'.
Attorney Harry Newett, representing Dr. Robert Reborn, said they
object to'the drainage easements as shown on the sketch presented to
the Council at this time. Further, they object to anything that
changes Sections 4 and 5 of Ordinance No. G-508, which.was adopted
October 14th, 1963.
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Attorney Newett read sections 4 and 5 of said ordinance and com-
mented as follows= "The easements,as located by section 4, are over
the west 6 feet of Lot 25,which means that the easement runs north
and south to the ca~al0 and also over the west 6 feet of Lot 24, and
th~ both run north and' so~th into the canal. This ord~e was
n~F was in 8n it at that time. We see no reason for any'~ange at
all."
Vi~e-Mayor Croft asked City Engineer Fleming if he co~ explain
this proposed change to the Council, and Engineer Fleming ~ommented
as f~llows= "I have inspected the drawing which has been p~esented.
I ha~e two questions. The cul de sac as shown lies in the middle of
a p=operty. From the cul de sac west,there is no public road shown.
· h~r9 is an area marked rubbish. It is my unders.tanding,-f~om dis-
o~S~on with Mr. Moore, that this area will be used to ~epp~it all
~b~Sh and garbage and the city will not be required to gO any
f~r~er west than this cul de sac. I think that should be a part of
t~nderstanding. The second portion is in regard to .th~ ~rainage.
T~ is a 6 foot easement, run~ing westerly to the Int~N~pstal..
~rm~rly they had shown an easement running north to the c~al. An
easemen~ is not going to drain any property. R%at it needs is a
drainage system in there. This has been described to me by Mr. Moore
as merely a tentative layout, locating the easements, for the approv-
al of the Council,before they go to a registered engineer and have it
properly laid out and the sewage and the size of the pipes designed,
at which time we could'give an engineering approval to it. As far as
I am concerned now, ~t ma~es little difference whether they drain it
west or north. Whatever their engineer decides, I think would be
quite satisfactory, just as long as the drainage is sufficient to
take care of draining the property."
Attorney Moore informed the Council that the Moores have no
objection to eliminating the 6 foot swale running east and west
going back to the original proposal,which runs from the cul de sac
north to the canal.
It was pointed out that the o~ly change asked at this time is the
change of location and size of the cul de sac.
Attorney Moore said he had checked with the Fire Department and
the proposed si~e and shape of the cul de sac was satisfactory for
their use, and City Engineer Fleming said it was ample for the City
trucks.
Attorney Moore informed the Council that these were only prelimi-
nary planS for the tentative approva~ of the Council, and Mr. Barrow
said he would be inclined to go along with the request, but would
like definite plans and specifications.
Mr. Saunders suggested tabling this item for consideration by a
full Council, as the two Councilmen on vacation are more familiar with
this item.
Attorney Moore asked if there was any objection to the relocation
of the Cul de sac, and Attorney Harry Newett replied= "This Ordinance
No. G-508 was worked out after several meetings. I want to point out
that this drawing stops the road at less than going all the way. As
I recall, they did not have to pave it all the way, but dedicate the
north 25 feet of the south 27 feet of Lots 25 and 24 for public road-
~ay purposes. This drawing might imply that they have been relieved
tentatively from a dedication. I think any drawing the~repare
should show a dedication. Whether the Council sees fit to require it
paved is another proposition. Likewise, insofar as these drainage
easements, we want those as we feel that they were worked out origi-
nally and in consideration of the existing building, theoDelray
Medical Arts Building, in conjunction with the other property,and the
drainage - the manner in which the water does drain and should drain,
and that is the way these were arrived at. So far as the cul de sac,
I think that is probably a city problem, because that is a turn-
around and won't be used for parking, etc. They are going to have
other parking according to this drawing. This drawing fails to show
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any dedicated road or .planned road running west past the cul de sac,
and according to your ordinance,you are supposed to dedicate a road-
way."
Attorney Moore asked= "How does it concern Dr. Raborn at all
whether or not the right-of-way is cont~inued westward, since his
property will not be contiguoUs to the right-of-way in any event.
The ordinance contemplated that these plans would be chahged."
Mr. Saunde=s asked if the change of location of the cul de sac
would affect the drainage and City Engineer Fleming said that it
would not, and continued= "The cul de sac will be drained. As fa~
as the road dedication is concerned~hat is why .I~.br~ught out the'point
of picking up the rubbish at the cul de sac as there will be no ne-
cessityof the public right-of-way beyond that."
Mr. Barrow moved that this item be tabled until Attorney Moore
presents specific drawings of the desired changes, and there is a
full Council to consider same, the motion being seconded by Mr.
Saunders and unanimously carried.
7.b. Concerning a request from the Garden Clubs to use the Community
Center, City Clerk Worthing presented the following letter, dated
June 18th, 1964:
"The Garden Clubs of Delray Beach are planning to sponsor a
standard flower show in the Spring of 1965 similar to the show
we presented last April in the gymnasiumof the Community
Center building. Since the gymnasium proved to be such a fine
setting for our show, we would like to stage this year's show
there also if possible.
It would be necessary that we have the facilities at our dis-
posal four days---it takes two days to Set up the show and
receive entries, the third day would.be for judging and having
the show open to the public from 2=00 until 9:30 p.m., and the
fourth day for dismantling and putcing the building back as we
found it.. Every care would be taken to protect the fIoor and
,other equipment. We will instruct our workers to use the South
door at all times and would use that door on the day the show
is open to the public.
The dates that would best suit us are March 31 and April 1, 2,
3, 1965. Would you please present our request to the City Com-
mission at your earliest cOnvenience. We cannot get to work on
our plans and show schedule until we hear from you."
The request was unanimously granted on mo,!on by Mr. Barrow and
seconded by Mr. Saunders.
7.c. Concerning permission to enclose thedining area of Hotel Del
Sol, City Clerk Worthing informed the Council .that a public hearing
had been advertised and Propertyowners within the affected area had
been notified by mail that a hearing on said petition..would be held.at
this time.
Therewereno objections to said permission being given, and City
Clerk worthing read Section 16 from the .Zoning Code as follows=
"CHANGES AND AMENDMENTS. The City Commission may from time to
time, on its own motion or on petition, amend, supplement,
change, modify or repeal ~y ordinance the boundaries or dis-
tricts or regulations or restrictions herein established after
public ~earing."
The City Clerk then read an excerpt from Section.29-6.7 of the
Code of Ordinances as follows:
-10- 7-27-64
~61
"The lawful use of land existing at the time of the Passage
of this Zoning Ordinance, though such use does not conform
to the provision of this ordinance, shall not be affected
by this ordinance, provided, however that no such no,-cO
forming use shall be enlarged or increased nor shall
n~n-conforming use be extended to occupy a greater are~ 'of
land than that occupied by such use at the time of the
passage of this ordinance."
~r. Barrow said that based on ~hat has been presented f~om the
zonin~g Ordinance, he would move that the request be granted, The
motiop was seconded by. Mr. Saunders and carried unanimously.
8.a. The City Clerk presented ORDINANCE NO. G-554~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SUB-SECTION
(E), SECTION 29-7, CHAPTER 29 OF THE CODE OF
ORDINANCES OF THIS CITY PERTAINING TO BUILDING
SITE AREA REQUIREMENTS IN THE R-3 MULTIPLE
FAMILY DWELLING DISTRICT.
City Clerk Worthing informed the Council as f611ows~ "Ordinance
No. G-554 was placed on first reading June 8th, and public hearing
was advertised for its second reading on July 13th, at which time, on
request of the Planning Board,who desired time for further study, the
Council deferred consideration thereof. The Planning Board recommends
adoption of this ordinance and prior to Council action thereon, a
public hearing shall be held at this time in order that all interested
persons may be heard."
During discussion, Building Official Hughson explained the square
footage requirement in an R-3 zone was based on density of. use.
Following lengthy discussion and comments, and there being no
objection to Ordinance NO. G-554, Mr. Barrow moved that said Ordinance
~?o. G-554 be passed on this second and final reading. Mr. Saunders
said he still did not quite understand the ordinance, and Mr. Barrow
withdrew his motion and then moved that this ordinance be tabled until
the next regular Council meeting, for a full Council to consider same
on second and final reading. The motion was seconded by Mr. Saunders
and carried unanimously.
8.b. City Clerk Worthing presented ORDINANCE NO. G-56i.
AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DEL~AY BEACH CERTAIN LAND, NAMELY LOT 18, LAKE
SHORE ESTATES, WHICH LAND IS CONTIGUOUS ~TO EX-
ISTING MUNICIPAL LIMITS OF SAID CITY; REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
Ordinance No. 'G-561' was unanimously placed on first reading on
motion by Mr. Saunders and seconded by Mr. Barrow.
8.c. The City Clerk presented ORDINANCE NO. G-562.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O~
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION
21 ,TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS
ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY~ P. EDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING
FOR THE ZONING THEREOF._ll_
7-27-64
462
~,Lr. Fred Morrtson of Delray Beach informed the Council that his
parents own Lot 62, Delray Beach Shores, which lot is contiguous to
Lewis Cove, and asked what the intent of the-City was in regard to
annexing lots contiguous to street rightsTof-way that lay within the
City.
Vice-Mayor Croft asked if the City Clerk oould explain this and
City Clerk Worthing replied as follows: "I might add,sir, subject
to the City Attorney's concurrence, the intent was merely to annex
those rights-of-way which the City trucks, mostly wster department
inasmuch aa the City is serving water to many properties on those
streets, constantly using the streets, possibly feels morally obli,
gated to have them in the City,which, therefore, would make the City
more or less subject to maintenance of the streets. Let me assure
Mr. Morrison and one and all that this Council has no intention of
annexing any lands attached to those rights-of-way without a petition
from the owners of such lands for such annexation. It is merely to
provide annexation of the rights-of-way, which, if approved by Council,
will place those streets under the responsibility of the City for
maintenance rather than the County. The City ~ses those streets a
great deal with its trucks."
Ordinance No. G-562 was unanimously placed, on first reading on
motion by Mr. Barrow and seconded by Mr. Saunders.
8.d. City Clerk worthing presented ORDINANCE NO. G-563.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO TH~ CITY OF
Dm. LRAY 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 THE BOUNDARIES OF SAID CiTY TO
INCLUDE SAID LAND= PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE
ZONING THEREOF.
Ordinance No. G-563 was unanimously placed, on first reading on
motion by Mr. Saunders and seconded by Mr. Barrow.
8.e. City Clerk Worthing presented ORDINANCE NO. G-564.
AN ORDINANCE OF THE CITY COUNCIL OF TH~ CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN
LAND LOCATED IN SECTIO~ 28, TOWNSHIP 46 SOUTH, RANGE
43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI-
PAL 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 ZONING THEREOF.
Ordinance No. G-§64 was unanimously placed on first reading on
motion by Mr. Barrow and seconded by Mr. Saunders.
9. City Clerk Worthing presented the following Planning Board report,
dated July 27, 1964:
"A Public Hearing was held on July 21st, 1964 in regards to a
request to rezone from R-3 (Multiple Family Dwelling District)
to C=2, (General Commercial District), Lots 6, 7, 8, 9 and 10,
Block ~, Southridge subdivision. There were several objections
to the request from the' immediate property owners. In view of
this, the Planning Board unanimously recommends to Council that
the request be denied, and that another hearing be set to hear
objections, if any, to a new and amended request on a portion
of this property. The amended request is attached."
-12- 7-27-64
The City Clerk read the following excerpt from said amended re-
quest from Mr. Matra and Mr. Green and stated that it is recommended
tha$ this alternate request be referred to the Planning Board for a
public hearing to be held thereon:
"Our purpose in writing this letter is to present an ~ernate
~equest to the Planning Board. We hereby agree to alternatively
request that only Lots 6, 7 and 8 be rezoned, leaving Lots 9 and
%0 as a 100 foot buffer gone in between our property ~nd the
~arest affected neighborhood. We would also agree to ~pnstruct
~'$ive-foot weave-type fence along the north and west b~undary
of the property which is the subject of this amended pe~ition.
We would further agree to place landscaping in front of the
~ence erected on the north boundary, which is adjacen~ ~0 Dixie
~oulevard.
W~ desperately need the parking space which would be available
9 the event this amended petition is granted and therefore
~pe that you will favor us by granting our request."
The alternate request was unanimously referred to the Planning
Board,as recommended,on motio~ b¥.,Mr. Saunders and seconded by Mr.
Barrow.
10.a. ConCerning advertisement of the City in the Florida Municipal
Record, City Manager Holland reported that this organization had been
very beneficial to the City, but the City had only supported it from
a membership standpoint.
The question was asked when the_advertisement sh6Uld be sent in,
and the following excerpt from the notification t° theCity Manager
was read: "In the event your City decides to participate in the
Special Convention Issue, please forward your advertising copy prior
to September first."
Mr. Barrow then moved that this item be tabled until the next
regular meeting when there would be a full Council, the motion being
seconded by Mr. Saunders and unanimously carried.
10.x. City Clerk Worthing read the following letter from City Attor~
ney Adams, dated July 24, 1964:
"Re: Franchise Agreement with Oscar Woods
AS you will recall, on April 27, 1964, Captain Oscar Woods
addressed the City Council and asked that he be granted a fran-
chise for the operation of a sight-seeing excursion boat to
operate out of Del.rmy Beach, from the Delray Beach Yacht Club,
to make trips to ~ort Lauderdale and .West Palm Beach during the
season. The franchise would cover only boats carrying more than
six passengers and he indicated that he wished such an agreement
for a period of not less than three years.
I was directed to confer with captain Woods to work out a fran-
chise agreement which would be acceptable with both him and the
City. I have met with Captain Woods on two or three occasions
since receiving my instructions and after researching the law
on such matters and conferring with various City Attorneys in
the area, I am of the opinion that such an agreement would be
patently illegal and would be of little or no value to Captain
Woods. At all of our meetings, I indicated that this would be
my probable conclusion and I requested that he investigate wheth-
er any other cities granted such franchises. At our last meeting,
he indicated that he was unaware of any such city.
We dO grant franchises to taxicab companies operating on the
public streets of the City and thus limit competition somewhat
-13- 7-27-64
"but this is legal based on public convenience and necessity.
However, granting an ex=luslwe franchise to an excursion boat
to pick up and discharge passengers on the Intracoastal Water-
way running through,the City is quite another matter. It would
be, in my opinion, an attempt to grant a monopoIy and although
I am certain his service would be a valuable asset to the City,
I do not feel that it would be in the best interests of the
City to enter into an invalid franchise agreement.
Perhaps a better course-of conduct for captain Woods would be
to suggest that he arrive at such an exclusive agreement with
the Delray Beach yacht Club'and in that way he could accomplish
the same purP°se.
I am sending a copy of this letter to Captain woods and rather
than drafting an illegal franchise agreement or an ordinance,
I feel it would be better for you to instruct the City Manager
to correspond With him to the effect that we wish to encourage
his service, but that the City cannot ?guarantee him the absence
of competition."
Mr. Barrow moved that the City Manager correspond with Mr. Woods
as recommended 'by the City Attorney, the motion being seconded by Mr.
Saunders and unanimously carried.
10.b. City Clerk worthing presented.a bill in the amount of $50.00
from City Attorney Adams for services in cpnnection with purchase of
the Curtis property, also Bills for Approval as follows:
General Fund $ 108,958.75
Water.:Fund' Operating'Fund 35,193.47
RefundabLe'Deposits Fund 2,286.82
Beach Disaster Fund 843.75
Improvement Fund 965.70
Special Trust Account -
First National Bank of Delray Beach 192.81
The Bills were unanimously ordered paid on motion by Mr. Barrow and
seconded by Mr. Saunders.
10.x. City Manager. Holland informed the Council that there had been a
new maintenance man hired to replace the one that had left the employ-
ment of the City, and there is a need to purchase tools for this
maintenance man. Further, he had located a set of used equipment that
could be purchased for $400.00, and would like an additional $300.00
for hand tools that are needed to establish a shop in a portion of
the old scout hut back of the City Hall.
The City Manager said the money was available in his Equipment con-
tingencyACcount and he would like for the ~uncil to approve trans-
fer of not more than $900.00 from that account in order for him to pur-
chase the desired equipment.
Mr. Barrow moved to grant the request of the City Manager for the
purchase of said tools and equipment for maintenance use, the motion
being seconded by Mr. Saunders and unanimously carried.
Mr. Barrow then moved that $900.00 be transferred from Contingency
Account No. 910 858 800 to the City Hall Capital Equipment Fund 910
351 629, the motion being seconded bY Mr. Saunders and unanimously
carried.
10.x. Mr. Barrow moved that $500.00 be transferred from Contingency
Account No. 910 858 800 to the City Hall Capital ~quipment Fund 910
351 420 to cover the recent improvements ma~e on the second floor of
the City Hall.
The meeting adjourned at 9:55 p.M., by order of Vice-Mayor Croft.
R.D. WORTHING
APPROVED: City Clerk
,ZS/ J. ,Le~oy. ~roft
M A y 0 R -14- 7-27-64