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01-28-63'.1; An opening prayer was delivered bY the minutes of Januar.y 14th, · approved.:on motio~byMr.. Talbot andseconded 3. ~rewere. no Rublic requests from the, fl~or. Barrow read the fOil°wingBeautification , 1963. Kiwanis Club Mr. ling~ Jr. Chamber of Commerce Mr. Vince Canning, Jr. Business & Prof. Women's Club Mrs. Alyce Husa 5. Mr. Avery stated that it is very obvious that the Council has , neglected to recognize a committee that has performed very well for the city, this committee being 'the Planning/Zoning Board and that the Council should publicly commend them 'for .their work as each member of said Board is outstanding in this line of work. Mr. Avery 1-28-63 ~r~w' · ~',~ ~ ¥: ~ ~ :~ . .-4. the"' 'f~ low~'~g 'o f' ,lic ~lations ~ai~an. ~ague of w~en voters of Delray ~mach compiled and issued a booklet entitled f~ctions, ~erVices'. ~t~ is ever made'of our county. was highly praised_by teaain~ cit~=ens of our hundreds were sold~ two Of p~C~as~ 200 copies ~ .~ Dew cus CountyCo~issioners ordered 5,000 copies for distribution ls, junior colleges, ~ries, main~-~nt~ offiUes; distribution to all coll~¥~hroUghout ~-Atla~tic"University is to use our booklet as a~S~mrce reference for their students. ~ery tizen of ~e unSted States in th~s as the ~ift of the ~C~lssioners-~ presentation ~ the ~ague of women Voters'. pre~nted gift the council ~u14 purchase som voter,s,? We voting discussion,'Mr. Avery moved that 500 ! ca,tied unan~mdmsi~Y. e~gr,a~dressed-to.M~yOr Ch~. "The dedication of this buitding will take place on Sunday, ~ebruary 3, 1963, at 3 p.m. and I am writing to invite you and the citizens~f your city to this ceremony. We are particularly anx&ous for T~u to invite the members of your City Commission, your Chamber of Commerce. civic leaders, and anyone you think would be interested in the operation:of this program. We would appreciate it very much if you would'let ~ know:when you arrive at the place of dedication in order'that~u may be properly in- troduced.'' ~2- 1-28-63 6.a. City Clerk Worthing informed the-Council that the prelimin~ry plat of "Sudan" Subdivision, reflecting R-IAA deYel~pment of proximately 52 acres lyi.ng West ~f~the E~4 CaNal ~and~,immediat~!~,?' south of Delray Shores Subdiwision, has been approved by.-'the ning/Zoning Board, the Building Inspector, and that the.f911owi~ is the report of the C~y ~ngineer as a result of his study of plat o "I had previously reviewedthe subject Preliminary Plat with ,the developer's engineer and my suggestions and changes are already incorporated in the Plat which is to be presented to the Council for approval. "There is some question as to the status of the road leadin~;~- from Delray Road to this subdivis~on, as it is presently lo~ated on Lake Worth Drainage District property. I am conv£nced~that there is very slight possibility that.this road will ever be closed, however, and have, in fact, located an excerpt County Commission minutes which has declared this to be lic road. "It is presumed that the developer intends to install the .main extensio~ from Delray Road to the subdivision,, and some definite determination as to who will bear the cost of this should proba- bly be ma~e before final approval of this PreliminaryPlat? ~- asmuch as this ~ubdivision is already within the city limits.'~f Delray Beach, I quote for your convenience, item 4 of the 'Agreement for Extension of Water Main! which has.previously been used for determination of thiS cost, but is not at all binding upon the Council. "'4. The cost of any extension between the present system,and the entrance to the subdivision will be shared, with paying that portion of the costs equal to 3-% times the antici- pated annual revenues from the subdivision, as determined by the,~ city manager and the CUSTOMER., subject to the approval of the City Council except that the CITY shall assume the full cost of that portion of such main extension .necessary to the crosSin,~ of cross streets an~ public areas.' "Estimated cost of this extension, as well as estimated amount of anticipated revenue are available if Council so desires." Mr. Avery asked if this subdivision would have sidewalks and. Ctt~ Engineer Fleming stated that it would ha%e, according to the subdi- vision ordinance, untess the Council recommends otherwise,. City Engineer Fleming informed the Council that his estimate~ cost for extending the water main from West Atlantic Avenue to said subdivision approximately 2300 linea! feet would be apP=0Xi~ate!y $12,000.00. Further, that--the developer proposes to install said water main.'and then deal with the Council as to the refund or what pOrtion the city will accept. There was ~engthy discussion concerning the installation of sanitary sewer lines in said subdivision instead of septic tanks being installed, which sewerage would be delivered into a system of minimum specifications until such time as it could be tied into the overall sewerage system of Delray Beach. Mr. Avery moved for the approval of the preliminary Plat of Sudan Subdivision, subject to the inclusion of a sewerage collection system, the motion being seconded by Mr. Woodard an~ unanimously carried. It was suggested that the developer of Su~an Subdivision be re- ferred to Russell &Axon Consulting Engineers concerning the sewer- age system. -3- 1~28-63 .~ .~e~gen~Y ~':_ that ~1, ~,.~ out,base_ . o£ the --~6~ ~0~% ._,~ ~-- ~ ~a~ ,'-0~, W~' ~se or ~- _ ~ %o two case o~ ~ ~ se~t tO ~... shO~ ~=~ ~n ~ well Wn~u~' '" ' _ _e~9O~a~~ .' _%So~S ' --S stateO ~ ~rov~e a~'~.lbot. 'rn~ ' ., ~ w~ - mas t0 r .. . ~. '~- .-.,~ -nt o~ a ' _stabliS~ ~is be r, --4on was s . Be~C~, .~.' ~ ~e~']~an~mouS~x' .'. _.i~e yachting,,f e~ a~_ ,~a~~a~ ._~ the~e ~_ _ a~p~O~i~_~ of this ,~ face ~- ' , ' ~ :~ ~'- .-~JthtO~ '=~nO f'ee~ ~t ha .. __~ o~e ._,-. susie __~e~Y ,~ ~. ~iva~ .... of tmon_, front ~e the c~.~.~.~e,?-, _.~vilege ~he poe _~ ~hen hay urchaseS. ~.~e area, _~ant ~or . _~,. '~.- ~ng ~e~ ' aas ~ sea ' . 'g e~, ,a~P ~t .... ~e a ,~ ase~ , of ' ~ a e~ , to .... are ~, - e · ~11 CLtY ,.~ o ''$'s~ .... ' the . - e ~ ~h~ . · as Zn , o 6ams, wes~ tfu~ ~' ~ - te~ - , ~ - ' ~ ~': the mo , _ ,.~.~ ~s. ,. ,, 'lO~a __~ - ~ T~~ : 'W~"~ ' S~' '~',' ~0~ at s'~clu~e~ ~_~. ~s ~'' .4ceaSe ~' _~., . ~lLCe ~* _ _~V~'~'- _.., ~o ~", - ,. 0~ ~ ~T~ m~ ~rTo~ 7 _~SS~$ x~ _-4,~ C%~" ---~ng seC~ce~ ~ ~ .~chO~ ~re~ises' D~ '--~ %h~ ' ' ~0~ 0~ ~ l~cens his catering service at 286 N. E. 3rd Avenue. Investigation of the applicant has resulted in the approval thereof by the'Chief of Police, and it is recommended that the request be granted. Following an inquiry concerning said sale of beer,'City Clerk Worthing commented as follows: ':.In order that there may be no misunderstanding, I beIieve ~ heard inquired if this was the-gentle- man who operates on the beach at times. It is, however, there will be no consumption for off the premises from that location. It would only be at 286 N. E. 3rd Avenue.'~ Mr. Woodard moved that said application be approved, the motion being seconded by Mr. Barrow and unanimously carried. 6.f. City Clerk Worthing reported that Miss Clara Boddie has ap- plied for license to dispense beer and wine for consumption off the premises, in conjunction with business located at 53 S. w. 5th Avenue and known as "Due Drop In~'. .Investigation of the applicant has been made, resulting in the approval thereof by the Chief of Police, and it is recommended that the request be granted, ft beSng so moved by Mr. Barrow. The motion was seconded by Mr. Avery and carried unani- mously. 6.g. It was reported that the following is a Fecapitulation of bids received for cast iron pipe necessary for providing extension of Water Distribution Lines to recently annexed lands and other areas in need of additional water services: 2,124 ft. of 6"; 2,160 ft. of 8"; 306 ft. of 10,: James B. Clow & Sons $ 8,.447.40 U. S. Pipe Company 9,006.45 American Cast Iron Pipe 10,144.98 McWane Cast Iron Pipe Co. 10.167.93 Alabama Pipe Company 10.296.72 Mr. Avery moved to award the bid to James B. Clow & Sons the Iow bidder, in the amount of $8,447.40~ the motion being seconded by Mr. Woodard and unanimously carried. 6.h. Concerning bids received for various street improvements,'the following memorandum concerning same, datedJanuary 25th, and signed by Mark C. Fleming, Director of Public Works was presented: "Sealed bids were opened in the office of the Director of Public WOrks for: Item I Construction of SW 5th Avenue from SW 7th Street to SW 6th Street. Item II Construction of NW 10th Avenue from Atlantic Avenue to NW2nd Street. Item III Construction of NW 9th Avenue from 2nd Street to NW 3rd Street and con- struction of sidewalk on both sides of NW 9th Avenue. Following is a tabulation of the bids: Days Days Bidder ~t~ t.. Item II . Item III Total Start Comb Hardrives of Delray, Inc. $5,364.38 $ 6,869.05 $5,590.79 $15,823.79 10 45 Crabtree Constr. Co. 3,706.60 7,310.00 6,050.00 17,066.00 10 75 R.H. Wright Inc. 4,395.52 8,795.50 6,130.59 19,921.61 10 45 Ru~in Constr. 4,7~9.95 10,409.95 7,503.60 22,100.00 10 60 -5- 1-28-63 X8 B. B. Boldt, Inc. $5,073.36 $12,779.89 $7,402.61 $25~255,86 10 60 "F~ items one, two and three, as well as the total, are lower than the other bidders, it is recon~ended that the a~ard be made to the tow bidder, Hardrives of.Delray, Inc." It was noted that the solicitation of bids and notice to contrac- tors included a condition that the city reserved the right to award the various projects individually or collectively, however, Hardrives of DelraV, Inc. were low on all p~ojects. City Attorney Adams asked if ~nese were assessment jobs or t.f it came under street improvement, to which City Clerk Worthing stated that items I and III were assessment jobs, that item II had not been so provided. City Manager Holland stated that these street jobs were supposed to be on an as~essment'basis. City Clerk Worthing staked that would be impossible legally,., that item %1 has been pro- vided to be. an assessment through.proper legal procedure and, based on it being a dead-end street, 90% is to be assessed to the property owners abutting thereon and 10% to be absorbed by the City. That item %3 was legally processed in proper manner and will be assessed on a 40-60 basis, and that item ~2 could not be handled in connection with consideration of these bids as an assessment and that ifit is so desired, these bids as such and as pertains to item 2 must be .rejected. Concerning item 2 it was ~entioned that this was possibly an assessment project years ago and could not be assessed aga/n, but City Manager Holland informed the Council that it had never been an assessment job that wh~ improvement that-hsd existed there was put in with city labor ~ rock f~rnishe~b~'the County. ~'~. ' There was lengthy discussion concern~ ~.the a~N..~sls~n~ status of said item 2. Mr. Avery then moved that ~ntract .i~em. 1. be awarded to Hardrives of Delray, Inc. as low bidd~ in. the amount of .~3, 364. 38; that the bid for item 3 be awarded to Hardrive~'of Delray, Inc. as low bidder in the amount of $5,590.79 to ~ .~.~.~rk within ten~ays and forty-five days completion;'and thatching .~repr, esented here tonight on item 2 be considered ~he, off'~':~-iC~T~:h~dd~ i~ .~nd when the proper reso!utions have been passed and that-proper resol~Xons be instituted at the next meeting. Mr. Avery stated that his reason for that stipulation is that it is not fair to the contractors for it to be put out for re-bid. The motion was seconded by.Pit. Talbot. and carried una~imouely. 6.i. Concerning prov~ding truck routes through the City, Mayor Dietz said that he Would 1X~/for ~he City Manager to be directed informatio~ to the CoUncil as to just what has to be d~ne to qet a truck route around ths~ity and present same at the ne~tmeeting or the meeting thereafter, it bei~ so moved by Mrs. Talbot. The motion was seconded by Mr. Avery and ,carried unanimously. 6.j. Concerning pay to city employees for expenses incurred in taking Civil Defense courses in West Palm ~each, Ma~or Dietz ~tated that these employees are called upon to g$~e~of:~b~$r own ~ime for these courses and felt that reasonable pa~:~ou~d be provided for such~i=iduals~..~, for services rendered,;~'~t~nere~were 35 .or..37 men th'~ had taken the firs~'~Ourse in'~a~logicax .detection that would go to West Palm Beach for the second course. Following discussion, Mr. Avery moved that these people be paid, including the eleven who have already taken the course and the 26 more that will go, for one triP, the total sum not to exceed $350.00 and said money to come from the Civil Defense Fund. The motion was seconded by Mr.. Barrow and carried unanimously. 6.k. Mayor Dietz requested Council consideration for authorizing a uniform color for all posts suDporting signs, traffic directions, street designations and all other such supporting 9osts, instead of -6- 1-28-63 19 the manner in which they are now, and that beautification as well as uniformity would be ~11 served by such provision. Further, that the new trash cans on the beach have a blue color which he does not approve of. Following further comments and discussioh, Mr. Talbot moved that the City Manager be instructed to re,ore'at the n~xt m~eting his recommendations for a uniform system of color and materia! for supporting such signs. The motion was seconded byMr. Woodard and carried unanimously. Concerning the color of ~he garbage cans that had been placed on Ocean. Blvd., the City Manager reported that he had bought what garbage cans he could get and if they were to be painted he would suggest aluminum as it would be more durable. Fol~owing lengthy discussion, Mr. Talbot moved that the City Manager be instructed that the flaps of the garbage cans be painted grass green and that the cans be white. The motion was seconded by Mr. Woodard and carried unanimously. ?.a. It was reported that Miss Marian R. Day has applied for water service to be extended to Lot 27, Delray Beach Shores, 1006 White Drive, upon which parcel of land a new home is to be constructed. .That a city water distribution line now exists on ~ite.Dri~.in front of and beyond said Lot 27, and water is being suppIie~by the city to the adjoin~ng lot. -Further, that Council has previously been informed of'a ~urplus of water being available in .this area, and agreement.for a~exation of said Lot 27, 'When ~etermined to be contiguous to city limits, has been executed, and it is recommended this request be granted and~S~r%ice ex~ended to Said LOt 2?. Mr. Woodard moved to grant sai~ extension of water service,.the motion being seconded by Mr. Talbot and unanimously carried% 7.b. City Clerk worthing read the following letter from the Kiwanis Club of Delray Beach, signed by Robert J. Babione, President, and dated January.19, 1963. "One of the prime purposes of the Delray Beach Kiwanis Club .is to sponsor programs helpful to'the boys and girls of our community, particularly those classified as under-privileged. "The financing for this worthy cause is done, in large part, through fund-building drives held at various times of the year. "We would like to hold such a ~und drive on Saturday, February 9th and ask permission to use the facilities of the City's Community Center and its 'grounds on this day ~nd for.this purpose. "The first annual Kiwanis Valentine Festival will be directe~ mostly toward child an~'youth entertainment, with a series of booths devoted to the sale of soft drinks, sandwiches, and to games having adult as well as child appeal. The Festival will start about midTmorning and will carry on throughearly evening. "The. approval of the Mayor, City Manager and Council to this re- quest will be greatly appreciated by the officers and members of local Kiwanis Club." City Manager Holland said that he did not approve of the date set for this Valentine Festival as there is an extensive program being conducted at ~he Community Center, and Saturday is one of their largest days, but that he had no objection to it being held on any Sunday or Monday during the month of February. Mr. Vince Canning, Jr., reported that he had gone to the Community Center about two months ago and proposed said program to Mr. Hansen the Supervisor who had informed Mr. Canning that February 9th would be reserved for the Kiwanis Valentine 'Festival. The City Manager 1_~_~ said that there had been changes made at the Community Center since that time. Mr. Canning informed the Council that the Kiwanis Club would con- duct the whole program themselves, and that they had spent approxi- mately $250.00 for programs, advertising, tickets, etc.,, using the date of February.9th, and that they had not 'been advised that said date was not reserved for them. Following further discussion, Mr. Barrow moved that the Kiwanis Club be given the date of February 9th for their Festival, the motion being seconded by Mr. Avery and unanimously carried. City Clerk Worth. lng informed the Council that the Kiwanis Club had contacted him, too late for it to be placed on the agenda, con- cerning the use of a sound truck to advertise the Valentine Festival, that they would tone down the loud speaker and go around in the resi- dential areas and advertise said Festival, and would like Council permission to do same, and that time for such advertising would be from 10:00 A.M. to 3:00 P.M. on the day of the Festival. City Clerk Worthing quoted the following from Section 19-19 of the Code of Ordinances. "It shall be unlawful for any person knowingly or wantonly to use or operate, or cause to be used or operated, any mechanical device, machine, apparatus, or instrument for intensifi- cation or amplification of the human. ~oice or any sound or noise in any public or private place in such manner that the peace and good order of the neighborhood is disturbed or that persons owning, using or occupying property in the neighborhood are disturbed or annoyed." Mr. Alfons Bach commented on this pro.gram and purpose of same and the need for advertising with the sound truck. City Manager Holland reminded the Council of the ordinance concerning the use of a sound truck~ Mrs Catherine Strong asked Police Chief Croft if it was true that sound trucks may be used with special perau~ ssion from the Police Chief, to which Chief Croft replied that it had always been permitted for community and charity projects. Mr. Avery t~hen moved that this request be granted with the under- standing that the sound truck would be toned down an~ also with the understanding that the Chief of Police has the authority to discon-~ tinue it if there, is a significant number of complaints from the public. The motion was seconded by Mr.. Barrow and carried unani- mously. 8.a. City Clerk Worthing presented ORDINANCE NO. G-478. AN ORDINANCE OF THE CITY COUNCIL OF TI~E CITY OF DELRAYBEACH, .FLORIDA, ANNEXING TO THE CITY CERTAIN L~/~D LOCATED IN SECTION 18, TOWNSHIP 46 SOU~TH, RANGE 43 EAS~, %~{ICH LAND IS CONTIGU- OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; R~DEFINING THE BOUNDARIES OF SAID CITY TO IN- CLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (13.28 acres industrial) Ordinance No. G-478 was unanimously placed on first reading on mo~ion by Mr. Woodard and seconded by Mr. Avery. 8.~. The City Clerk presented ORDINANCE NO. G-479. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ..~C~ 20, 'COD~ OF ORDINANCES.OF THIS CITY, BY SECTION .20-14 PROVIDING FOR A DIR~,~CTO~ ZON!~;~/ DESIGNATING HIS DUTIES; ~ PROVIDING ..T~E ~NER IN WHICH THE A~QINT .~.NT IS TO BE MADE. -8- 1-28-63 Ordinance No. G-479 was unanimousl~'.placed on first reading on motion, by Mr. Woodard' and seconded ,by .Mr. Barrow. 8.c. .Concerning ORDINANCE NO. G-448, Mr. Wo6dard stated that this Ordinance had been tabled on June~25, 1962,-after being placed on first reading, ~ich ordinance relates to the annexation of Lots 1 & 2, Delray Beach Shores Subdivision, and moved that said item be. removed from the table in order that at the next Council meeting there might be consideration of second and final reading and p~bl~c hearing on this request for annexation into ~he city. The motion was seconded by Mr. Avery. City Clerk Worthing reviewed this item for the Council from the date of petition for annexation, concerning all correspondance, complaints, Planning Board report, and also read a letter of. objec- tion to the annexation, dated January .28, lg63, from Mr. C. D. Russell. Pollowing further comments, Mr. Avery requested that the Planning/ Zoning Board be asked to be properly represented at the public hear- ing on said Ordinance in order to present their thinking on the matter. Mr. Woodard asked that the Council have distribution of the past history of this item in order that they may be compIetely current at time of public hearing. Mr. C. D. Russell stated his objection to the annexation of said property if it was zoned other than residential and asked~the City Clerk to read a letter from Attorney J. Clinton Scott to the Council dated last July. Upon call of roll on removing said Ordinance from the-table, Mr. Avery, Mr. Barrow, Mayor Dietz and Mr. Woodard voted in favor of the motion and Mr. Talbot abstained from voting. City Clerk Worthing then read the letter from Attorney J. Clinton Scott to the Council, dated July 2, I962. 10. Mayor Dietz informed the Council that he had a couple of suggestions for the next agenda having to do with proposed Charter amendments, one of the items being the manner in which referendum or opinion votes are called, and the other item having.tO do with an incumbent of the City Council running for a Federal, State or County office. 10. Mr. Talbot called Council attention to ORDINANCE NO. G-46~ providing for and regulating and restricting the locations of gasoline and oil filling stations or service stat'ions, which Ordi- nance was placed on first reading on November I2~, 1962, and on November 26th was tabled for further study. Mr. T~lb6t~then moved to'lift this Ordinance from the table for further, consideration and that the City Clerk be directed to provide for a public hearing thereon at the next Council meeting. Mr. Talbot stated that this ordinance had b~en highly recommended by the Planning Board and that many citizens had eXPressed their approval of same. The motion was seconded by Mr. Woodard and carried unanimously. 10. Mr. Talbot informed the Council that he had received some in- quiries concerning cross-walks for pedestrians on Ocean Blvd., and moved that the City Manager be instructed to make a study concerning same, along with the Police Chief, as to if'and where tkese strategic cross-walks should be placed and report back to the Council at the next meeting. The motion was seconded by Mr. Woodard. city clerk Worthing read letters concerning said cross-walks from the Sandoway East Hotel, Delray Beach Hotel and The Talbot House. Following discussion concerning ocean Blvd., being a State Road, location of cross-walks and establishing Council policY, the motion carried unanimously. -9= 1-28-63 10. Mayor Dietz announced that a letter had been received from the Woman's Auxiliary of the Bethesde Memorial Hospital thanking the Council for their suppOrt of ~/~' Third Annual Horse Show, and' ~hat the troPhy~ from Delray ,Beach, covering the fine harness championship stake, is scheduled to be presented on Saturday, February 2nd at the 7:00 P.M. show. Further, that City Manager Holland, also the Council and their wives are to be guests at that show. Mr. Talbot then moved that Mr~ Barrow present said trophy in be- half of the City of Delray Beach, the motion being seconded by Mr. Avery and unanimously carried. 10. Mr. Avery commented and moved as follows: "I think we should - clarify, as a matter of policy, so that it doesn't happen again, the thing that happened to the Kiwanis Club. ! think we should set the policy With the City Manager and inform him and tell him to inform the DireCtor of the Community Center that this is the typ~ of thing which the Council wants to approve and before any permission isever given for a thing like this again,_ that it will be subject to the Council~s 'approVal. This will save any other group being subjected to same, and I move that that be set as a matter of policy." The motion was seconded by Mr. Talbot and carried unanimously. 't0.a. B'ills for approval were presented as follows: General Fund $136,612.75 Water Fund - Operating Fund 2,658.15 Special Assessment Fund 30,000.00 Mr. W6odard moved that said bills be paid, the motio~being seconded by Mr. Talbot. Upon call of ro11, Mr. Barrow, Mayor Dietz, Mr. Talbot and Mr. Woodard voted in favor of the motion and Mr. Avery abstained from voting. The meeting adjourned at 10:15 P.M. ROBERT D. WORT~N~, ..... City C~erk APPROVED: MA.YOR -10- 1-28-63