05-13-63 I~Y 13, 1963.
A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at 8:00 P.M., with Mayor Walter Dietz in the
Chair, City Manager Robert J. Holland, City Attorney John Ross Adams,
and Council~en A1 C. Avery, Emory J. Barrow, George Talbot, Jr. and
Oliver W. Woodard, Jr., being present.
1. An opening prayer was delivered by the Reverend Robert G. Morey.
2. Concerning the minutes of the Special meeting of May 6, 1963, Mayor
Dietz said that the last line of paragraph 7, page 4 should read "106
foot highway", instead of "106 foot right-of-way". On motion by Mr.
Woodard and seconded by Mr. Barrow, the minutes of the regular meeting
of April 22nd and the special meeting of May 6th were unanimously ap-
uroved as corrected.
3. Mr. John Thayer, Secretary of the Beach Taxpayers League,. said that
the Delray BeaCh National Bank has acquired several lots on Seabreeze
Avenue, supposedly for the purpose of a parking lot, and that in talk-
ing with Mr. Freitag, President of said bank, he had been assured that
there would be no requested changes in zoning for a period of three
years on this property. Mr. Thayer asked the Council, if any request
for rezoning of said property should come to them this year, that it
be deferred for action until January, in order that the residents in
that area may be in Delray Beach to protect their interests.
Mr~ A. R. Roberts of 101 Seabreeze Avenue, informed the Council
that he had built his home there four years ago and was interested in
this area. He informed the Council that he had talked with Mr.
Freitag of the bank a~d stated that Mr. Freitag had said there was no
present intention on the part of the bank to seek a change in zoning
of said property for at least three years; further, that he had asked
Mr. Freitag to give the Beach Taxpayers League a letter to the effect
that they would not ask for rezoning until after the first of January,
1964, and that Mr. Freitag had stated that he would put nothing in
writing. Mr. Roberts asked the Council, if a rezoning request came
to th~m this year, that it be tabled until January, 1964. Mr. Avery
said that it would be dangerous to set a precedent of a moratorium of
this type in any particular area, but that he would give these people
his personal assurance that should such a rezoning request come to the
Council this year, that he would fight it.
Mr. Roberts said that the kind of a parking lot that the bank would
build would probably not be objectionable, but if the property was
rezoned to permit that, there would be other rezoning requests and
objectionable enterprises. Mr. Woodard said that the Council would ·
not take any action on. rezoning in that area without hearing the posi-
tion of the area residents. Mr. Barrow said that he would not be in
favor of rezoning in that area without consent of the residents in
that area.
4. Mr. Barrow read the following Beautification COmmittee minutes of
May 2, 1963:
"Mr. Warren presented the Committee an attractive plan of the pro-
posed new county park to be located at Lake Ida.
Mr. Merritt reported that considerable Progress had been made
since the last meeting on the loth Street park area.
Discussion was held concerning the pottedpalms on Atlantic Avenue.
It was reported that the Retail Merchants Association has decided
that due to the size of the trees they can no longer be left in
the pots. It was further reported that the trees wouldbe donated
to the City Nursery (appraised value $1,000) for use in city
beautification.
5/13/63
126
"After considerable discussion it was the decided opinion of the
corm~ittee ~ the removal of the trees would be a tremendous
loss to the beautification of Atlantic Avenue. A motion was
then made by Mr. Galinat, .seconded by Mrs. Little that the
potted palms on Atlantic Avenue be replaced with smaller trees
at an approximate cost of $1,000, with re-planting to be done
by the Parks Department at the City Nursery, cost of said trees
and re-planting to be charged to the Beautification Committee~
(Council action)."
There was lengthy discussion concerning the botted palms on Atlan-
tic Avenue referred to in the last two paragraphs of said Beautifica-
tion Committee minutes, and Mr. Avery moved that the request of the
Beautification Committee be granted and that the City Manager bm
directed to take on the care of the new palms, the motion being secon-
ded by Mr. Woodard. It was pointed out that the money for the new
palms and replanting would come from the Beautification Committee bud-
get. There was further discussion and Mr. Avery said that he wanted
to clarify his motion, which was that the recommendation of the Beau-
tification Committee be gra~ted, which recommendation was that the
potted palms on Atlantic Avenue be replaced with smaller trees at an
approximate cost of $1,000.00, with replanting to be done by the P~rks'
Department at the City Nursery, cost of said trees and replanting to
be charged to the Beautification Committee budget, also that the Cit?
Parks Department take over the maintenance of the new trees. The
motion was seconded by Mr. Woodard and carried unanimously.
4a. A roll call showed that the following Civic Organizations and
representatives were in attendance=
Board of Realtors Mr. Paul Ledridge
.League of Women Voters Mrs. Frank Carey
Business & Professional Women's Club Mrs. Alyce Husa
~en's Club Mrs. L. E. Buel
Jaycees Mr. Charles Gwynn
Chamber of Commerce Mr. Kenneth E11ingsworth
Breezy Ridge EWtates Mr. John Sword
TropicIsle Civic Association Mr. John Halstead
Veterans of Foreign Wars Mr. Clarence Bingham
Beach TaxPayers League Mr. John ThaYer
Beta Sigm~ ~hi Mrs. Oliver W. Woodard
Planning Board Col. A. L, Fabens & Mr.
Richard Hanna
5. City Clerk Worthing read the following letter from the Florida In-
land Navigation District, signed by Col. Herman W%-SChull, Jr. General
Manager, dated May 8, 1963:
"This letter is to advise you that the Norfolk Dredging Company,
P. O. Box 539, Norfolk 1, Virginia, proposes to commence dredging
operations in the Intrac0astai Waterway south of Atlantic Avenue
Bridge June 5th and wiil'~ay his pipeline i~graham Avenue and
begin beach disposal of dredged material on that date.
"In accordance with our agreement, the City of Delray Beach will
provide the necessary ramp over State Road A-1-A and at'other
locations which may be necessary in your judgment for the con-
venience of vehicular'traffic.
"I would be pleased to have you inform me as to with whom the
contractor should coordinate the laying of this pipeline and the
placement of dredged fill."
5. The following letter was read from the Tropic Isle Civic Associa-
tion, Inc., dated May 9, 1963:
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"The officers and directors of the TROPIC ISLE CIVIC ASSOCIATION
Inc. are. grateful to you for the lengthy and informative reply
to our questions regarding the city dump.
The dump, in its present location,' is a .highly obnoxious and
annoying facility to our section of the city a~d a definite
obstacle to the rapid growth of Delrsy Beach. More than one
sale of a new home has been lost in this area when the' property
was viewed at a time when the odor from the dump could not be
dismissed as a temporary or insignificant unpleasantness.
But it is good to know that there is a possibility of filling
it within two years or less. We trust the city will continue
to seek ways and means to minimize or ~liminate this hazard to
the pleasant living which so many people associate with the City
of Delray Beach."
5. The City Clerk read the following letter from the Flower Show
Chairmen of the Delray Beach Garden Clubs, dated May 8, 1963, and
signed by Mrs. Graham W. King and Mrs. Gerald L. Lamb=
"The eight garden clubs of Delray Beach are planning to sponsor a
standard flower show in the Spring of 1964. A flower show is a
community service which garden Clubs render a~d is not only very
beautiful to see but the main purpos'e-is educational, We feel
that a beautiful show can be staged in the gymnasium of the
Community Center building.
It would be necessary to have the Center at our disposal for four
days. It requires two days to set up the show and to receive
entries. The third day would be for judging a~d opening the
show to the public from 2=00 P.M. until 9=30 P.M. The 'fourth
day is spent in dismantling and putting the building beck as
we found it. Great care would be taken to protect the floor
and other equipment.
We realize that there is a prescribed schedule of organized
recreation conducted ~t the Center but we hope that, by knowing
this far in advance, this request can be worked into the schedule.
The dates we are considering are April 8, 9, 10, and 11, 1964 or
April 15, 16, 17, and 18, 1964. Our preference is the latter
date.
We are asking if you will present our re,lest to the City
Commission as soon as possible as we cannot get to work on our
plans and show schedule until we hear from you."
Rt. Avery said that the Community Center had been built with this
sort of thing in mind, end moved that the dates of April 15, 16, 17
and 18, 1964 be reserved at the Community Center for the purpose of
this flower show, the motion being seconded by Mr. Barrow. City
Manager Holland asked if the gymnasium only would be reserved for this
flower show or the entire Community Center facilities. Mrs. King
informed the Council that their plans were to only use the gymnasium
for said flower show in order that the other activities of the Center
would not be disturbed. City Manager Holland said this arrangement'
would be satisfactory with him and the motion carried unanimously.
5. ~tr. Avery called attention to a list of street improvements that
have been accomplished by City Manager Holland and asked that a copy
of this list of street improvements be given to the press for publi-
cation; further, that this, approximately five miles of improved
streets, had been accomplished with no additional appropriations and
no additional help.
-3- $/Z3/63
128
Sa. Mr. Avery informed the Council that he had received a complaint
about a rumor that the Police have a press committee that censors all
news releases from the Police Department. Mr. Avery said that this is
not an attack by him on the ~olice Department., but that the Council is
a policy making body and it is up to them to set the general policy by
which news is released. He requested that the City Manager investi-
gate the method by which such news is released, how it is handled and
report back to Council at their next regular meeting. Mr. Avery said
that he wanted a survey of how the Police disseminate all news that
originates with their department, how it is controlled, if it is
censored, and if favoritism is used. That this should be clarified
and the Council set a policy on what their desires are.
Sa. Mr. Avery stated that the Florida Inland Navigation District
property on the east side of the Intracoastal Waterway just north of
Delray Isle Subdivision is a pest-hole and that it is requested the
City Manager be directed to contact the County Commission, the State
Board of Health, the F. I. N. D. and anyone else concerned in order to
relieve this~situation as it is a detriment to the property owners in
that area.
Mr. Avery further stated that he feels this property is of no ben. e-
fit to the F.' I..N. D,. and that Col. Schull has informed the Council
that if the city gives them perpetual easements to the ocean for de...
positing dredged materials from the Intracoastal Waterway, they hav~
no need to retain these spoil areas. Mr. Avery said he thought the
city should explore the possibility of acquiring this spoil area,
that in many instances, the Federal government gives these properties
to municipalities, or will give the municipalities a very low sale
prio~.~ Mr. Avery then moved that the Council authorize the City
Manager and give himself (Mr. Avery) personal permission to explore
every possible effort including writing to the Congressmen and Sena-
tors, to see if the city can acquire this property.. The motion was
seconded by Mr. Barrow and carried unanimously.
5a. Mr. Avery said that there was a very critical drainage situation
in the southwest part of town, and that he had a call this evening
from a lady in Delray Beach Heights Subdivision concerning this situa-
tion. That there had been engineering ~tudies made of this area, and
that there are two things necessary at this time, that the Central
South Florida Flood Control District representatives, the County and
'the City of Delray Beach should immediately hold a meeting of repre-
sentatives at that location and study the solution for immediate
relief of the odor~ and commented further as follows: "at the s~me
time we should proceed immediately with the engineerir~ requirements
to drain this. Everythingwas tied in with the C-15 Canal going in.
No~ the C-15 Canal is being built. It is going to.require cooperation
of the County and the City and the Flood Control District. The County
has to provide major drainage facilities in the County area from our
city limits and we will then have to drain under 10th Street a~d re-
lieve the situation. It is my request.thatthe City Manager p~oceed
at once to .bring the County, Central and South Flotilla Flood Control
District and the city together to immediately institute action which
will permanently solve this situation which is and has been a problem
f~r this city for many, many years. I make that a motion." The
motion was seconded by Mr. Woodard and carried unanimously.
City Manager Holland informed the Council that he is in the process
of doingSomething to ,eliminate ~he odor in that area, but that he has
no solution for the drainage.
6.a. Mayor Dietz said that the.floor was .open for diSCUSsion relative
to the meeiing withthe State~:Road Department in Fort Lauderdale. Mr.
Avery commented as fo~llows: ":.I would like to make a statement, Mr.
Mayor, because-it conuerns you, sir. In the discussion that you and
I had, you felt that your integrity had been questioned because of
statements about truths, half truths, etc. I would like to state at
-~- S/l~/6~
,129
"this time that I had no intention of attacking.your-integrity,
would like to ~f~rther state that I have all the confidence in the
world in your honesty and integrity, it'isonly your opinions that I
take exception with." Mayor Dietz said that he appreciated Mr. Averts
statement and accepted it as such, and felt that they would both serve
Delray Beach Very well.
City Manager Holland reported on said meeting as follows~. "Mayor
Dietz and Mr. Worthing were along when we met with.Mr. Davidson. We
discussed 'the possibility of widening West Atlantic Avenue from
Swinton Avenue to the Seaboard. We had no objections particularly to
the 106 foot right of way from the Seaboard westl we questioned the
feasibility of Seaboard to swinton, funneling the traffic into a 66
foot right of way. Mr. Davidson made the statement that he felt he
could squeeze it into 80 feet, if you recall. 86 feet wasn't men-
tioned, but I found out later that the program of this state and
county has been 86 or 106 feet.' He intimated to us that we wouldn't
have to move the water mai~s and at the time we didn't think we would
have to do anything relative to the.tennis courts, if you recall the
conference. We came back and had it resurveyed and measured and I
was questioning whether Mr. Davidsonknew exactly what.the story was
so I asked Mr. Fleming to call him to verify it. That is when he
came up with the question that if we had any water mains under the
road, we would either remove them or he would not allow us to dig up
and repair them. They would have to be moved. On the other hand, his
preference was 106 feet, owing to the fact that he would allow paving
on either side, east and west of the thoroughfare. If we went to the
narrower street, he would demand that we do not allow parking, he
would put the 15 foot planting section in, the city would have to
move all utilities. He even stated'that the power poles would have to
go into the planting wells, and any other expense incurred, the city
would have to bear. ~He mentioned his preference owing to thefact
that he said if we allow parking on that area and we run into a
bottleneck whichhe was aSked to determine, from Swinton to 6th Ave-
nue, what would be his attitude. He said we will eliminate it from
Swinton to the Seaboard and we will eliminate it from Swinton to 6th.
I told him that was. the time I would leave tow~, when you eliminate
parking on Atlantic from Swinton-to 6th. His preference was that,
so Mr. Fleming verified it the following morning. We will have to
move the' tennis courts. He, at that time intimated we may be able to
leave the water mains in and run'a T and relocate ~ the fire plugs. He
apparently changed his mind overnight, so it will have to be done. If
w~ do have to relocate them, I am going to ask the Council to permit
a larger main going west and we will'salvage what we can out of the
old main at the present location."
Mayor Dietz commented as follows~ "I have tried to be as thorough
in this as one Could possibly'be and give you all of the various
situations that w£1t confront the City of Delray Beach. Everybody is
agreed we need a modern road for West Atlantic Avenue. .Everybody is
agreed we need it soon and soon. is right now. There is no disagree-
ment on this point, h°w could there be? A nice approach 'to the C~ty
of Delray Beach with sidewalks on both 'sides, curbs and storm ,sewers
and a four lane highway makes real Sense. All streets leading from
this highway should he paved. Then the western section of town will
look like the eastern sect'ion of town.
The Chamber of Commerce has Worked long and hard to bring this to a
conclusion. They are to be complimented for the work well done. I
am sure no one has any fault to find with them~
Now as the time approaches the Council of the City of Delray Beach
must in the public interest support and get into this project With
both feet. The Council must assume its responsibilities to the pub-
lic. The Council ca~ not abdicate these responsibilities to anyone
else.
The last official action by the Council of the City of Delray
Beach having to do with West Atlantic Avenue was taken in December 28,
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"1959. I quote from the minutes of the meeting= 'that the City Mana-
ger be requested to investigate and report to the Council which gov-
ernmental body is ~esponsible for conducting such .Public Hearings,
obtaining the necessary.rightsof way and providing for the completion
of a final survey..' No further.Council action was taken Until May 6,
1963, when we had an expression here by thi~ particular Council.
Now, all I should like to do is to lay all the facts before the
public so that everyone has a clear understanding of what the facts
are. I made inquiry about the drainage of the new highway but was not
able to get a satisfactory answer, at least I did not think it was,
so I had Mr. Holl~nd write the State ROad Department and they promptly
gave us the answer. With this in mind, Z re.quested an appointment
with Mr. Clarence ~. D~vidson, Area Manager of the State Road Depart-
ment. Mr. Robert ~olland, City Manager, and Mr. Robert Wor'hhing, City
Clerk, went ~long as this was surely city business - West Atlantic is
surely city business. The report of this meeting carried by the locmI
paper, the Deiray Beach Daily News and Journal, May 8, 1963, gave a
~rue, factual report not withstanding what you may have heard or read
elsewhere.
On Thursday, May 9, 1963, 3:15 PM, I was informed that the city's
investigation she%ss'that the entire water main will have to be moved.~.
no matter what kind of ~ road is built on West Atlantic Avenue,
can just make up our minds right now that the water main has to be
moved - There is no way that we can save that expense.
Now let us look into specific phases so that we migh~ exercise our
best judgements in the PUBLIC INTEREST and on behalf of the Delray
Beach taxpayer. Also let us ask where is the money coming from?
The actual cost of building the road proper does not fall on Delray
Beach so we need not concern ourselves with this expense.
At several gatherings which I attended, it.was said 'That if we did.
not want the 106' road, we could not have any road at all and there
might be a long delay on this project, because the state would not go
along~' I was told that not once, but a.number of'times by different
people. The fact ia that as far as the state is concerned, it is
entirely up to the county; the state will build either a 106' or an
86' road. i find there is an awful lot of confusion. People think
we are talking about a n~rrow road and a wtd~ road.
Now, just what is the difference between the two? I would refer
to the 86' road (the narrow road) as .the type us~d~ on ~b~SHZ~
WAY, THAT-~IS..GRASS IN Tkt~CENTER AND ~0 LAN~S EACH WA~.modified for
protected left turns and. with right turns onto all intemsecting ave-
nues, BUT NO PARKING. ~%e 106' roadwould be identical to the 86'
road in all respects plus parking on both sides. BOTH ROADS WOULD
HAVE THE SAME CURBS AND SIDE?TALKS WITH GRASS BETWEEN TH~ CURBS ~ND
SIDEWALKS.
It is a fact that there are many drinking places along Atlantic
Avenue from Swinton to the Seaboard Railway. What kind of a traffic
hazard this presents must be carefully weighed by this Council. The
Council is charged with the responsibility of ~maintaining the public
safety. If these carswere parked on the aide streets instead of on
the main highway, would it not be in the i~erest of public safety?
YOU MUST EACH ASK YOURSELVES THAT. Each Co~uncilman will have to ask
himself that cluestion.
The state will maintain the center .~r&ss section, and the two grass
side sections at no cost to the City of Delray Beach if no plantings
are made .other than grass~ The state will not maintain these areas
if they are planted. Planting wou.ld add a real increase in cost main-
tenance to the City of Delray Beach as it is 5,100 feet from the sea-
board Railway to Swinton, which is one mile. This could mean three
areas or two, as the case may be.. I am told this would mean two ad-
ditional city employees just for this upkeep: So perhaps it would be
wise to start with grass and when Delray has money for this, then go
to plantings if it ia felt that it would be advantageous.
Water mains: About two miles of new water mains will have to be
laid and the old taken up for salvage. ALL HOMES AND BUSINESS. ESTAB-
LISHMENTS WILL HAVE TO BE RECONNECTED AT CITY EXPENSE. THIS WILL BE
-6- 5/13/63
131
"VERY COSTLY.
Tennis courts will have to be cut off and restored in someway.
The-county will pay ONLY FOR ACTUAL DAMAGE according.to Commissioner
Warren, as late as Saturday afternoon just past. THIS UNDERSTANDING
TEE CITY MANAGER SHOULD G~T IN WRITING FROM THE COUNTY SO THERE WILL
B~ NO MISUNDERSTANDING AS TO THE AMOUNT AT A LATER DATE. I mentioned
to Mr. Warren that we would want to have him give us anything that we
do in writing.
Utility poles will have to be moved and possibly at city expense.
I suggest that the City Manager ge= in writing from both the telephone
company and the electric company what they will do in respect to mov-
ing the lines and the house connections of these utilities so that
exact city costs can be established if there are to be any.
Have the City Manager determine if the natural gas lines might be
affected in any way and if they are, how about these costs, if any?
Sewer= I have asked the engineers, Russell &Axon, to let us
what kind. of pipe should be laid along with the' water mains so that
sewers could later be extended without tearing up the new construc-
tion. This will require possibly a force main from 8th Avenue west
to the golf course sign. Fortunately, we have the money for this item
in the sewer fund, a rough estimate of this cost would be $100,000.00.
The pipe would be closed off until used. This small matter would
stimulate western expansion terrifically and should be done simulta-
neously with the widening of Atlantic Avenuel
Costs= This Council should direct the City Manager to make uP a
complete list of all expenses that the city will have to pay when
Atlantic Avenue is widened. They should not Be .guesses but based on
fact and written commitments only. As late as Saturday Just pas~,
May llth, the City. Manager told. me that he felt that the expenses for
the tennis courts and water mains and utilities'would be more than
$t00,000.00.
Now, where is this money coming from? ! do not believe the city
has this kind of money available: I hope that we will hold our mil-
lage to 13.5 like last year. Any normal increase in income will have
to be first used for the Police Department, then the Fire Depar%~ent,
and then for employee increases, as per schedule. The remainder will'
be very little. Some people have said take it opt. of Wate~ Surplus.
They did not realize that the entire surplus is practically encum-
bered to meet the required expansion and replacement of the water
facility in accordance with a study made by the engineers, Russell
Axon, at the suggestion of Councilman George Talbot. THIS STUDY WAS
LONG, LONG OVERDUE: It-should be followed or there will be new pro-
blems in the future. Also in addition to this, don't overlook the
fact that the water revenues are now tied into the sewer bonds and
nothing can be added to surplus until the COMBINED income exceeds the
bond legal requirements. My guess.is that this is six to eight years
away.
So this all adds up to~ as soon as the city has definite figures'
on the costs, we will know how much the city Will have to ~Orrow for
these expenses. Perhaps all breaking well in the next few' years, the
new additional cigarette tax, if passed by the legislature, could be
used to pay back this loa~
Since the City Council of Delray Beach has done nothing officially
since its request of December 29~ 1959, I suggest that the PLANNING
BOARD be asked bY the Council for its specific recommendations on
West Atlantic Avenue after holding a public hearing. This report
would then become a matter of city record.
If the Council of the City of Delray Beach is to raise money to
cover these expenses and give away.taxpayers' land in right-of'ways,
the records should show that this. is done in accordance with an of-
ficially recorded plan of the City of Delray Beach. Every promise
made by any agency should be reduced to writing and then and ~nly
then proceed as fast as possible with the project of West Atlantic
Avenue.
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"The fact that the Council set a 106~ right of way does not mean they
approved a 106~ highway. In front of my house, the right of way is
50' and the highway is only 30t. Approving a right of way is not ap-
proving a highway.
Present Parking on Atlantic Avenue east of Swinton is certainly
DEMANDED by our merchants. Yet, the fact is that the ri-qht of way in
much of this area is only 66~. We have been planning to have truck
routes around the City of Delray Beach, hoping that this would aid
our parking on Atlantio. What the effect of a two or three lane high-
way each direct£on to Swtnton Avenue will have on Parking is something
the Planning Board should carefully study. Surely, two lanes would
not bottleneck as much as three.
After all, the City of Delray Beach has to ex~and to the west, that
is west of the Seaboard Railway. 'No one, I believe, would question
THE WIDEST pOSSIBLE ROAD BETWEEN INTERCHANGE 95 (ROUTE 9) AND THE
~SHINE PARKWAY~ HOWEVER, WHY SO MUCH TRAFFIC WOULD COME INTO AL-
~L~ADY BUILT UP DOWNTOWN DELRAY BEACH IS A OUESTION YET TO BE ANSWERED.
The more funneled from a wide highway into a 66! highway, the more
acute the problem. This, I believe, the Planning Board should study.
In summation~ This entire matter ~hould be referred to the Planning
Board by the Council of Delray Beach. Also the City Manager, Mr.
Holland, should prepare and submit to Council a complete list of ex-
penses that will have to be met such as maintenance of planted areas,
gas mains and connections, if any, water mains.and connections, sewer
pipe, tennis courts, etc., etc. Also the City Manager should get in
writing what the county will pay toward the tennis courts, also what
the electric company w[ll do with utilities and all house connections
and the telephone company and its poles and connections.
With this information, the Council could intelligently act in mat-
ters of money and rights ofway, etc.
I, for one, believe we should and can have a'nice approach .over
West Atlantic Avenue through Delray Beach. But this .requires Council
planning. The type of highw~ recommended by the Planning Board
would influence ~me greatly~ This is not a take it or leave it propo-
sition. The City of Delray'Beach has the chance of a choice.
not investigate? If the Council does not wish to have the Planning
Board advise them, I would recommend a ~eferendum by the citizens on
this matter. It is the tax~ayers~money, you know~ Thank you."
Mr. Avery then commented= "I would like to.refer the Council and
the public to a mass of data that the Council of 1959, under the
leadership of'Mayor GeOrge Talbot, with Mr. LeRoy Croft, Mr. Fred
McNeece, Mr. Charles Harbison and Mr. George Warr.en on th&t Council.
This mass of evidence shows that under the very capable work of the
late Mr. paul Knowles, the Planning Board did consider this, n~t in a
haphazard manner, but with public hearings with consultation with Mr.
Middleton and with County officials as to arterial requirements.
They considered 86 feet, 80 feet and 106 feet. On August the 10th,
the Council, on motion of Commissioner McNeece and seconded by Mr.
LeRoy Croft~ unanimously approved requesting the City Manager to pro-
vide for a 106 foot ri'ght of way. The further mass of evidence from
Mr. Knowles reporting on the 106 feet and on December 21st, on motion
by ~ommissioner Warren and %econded by commissioner Croft, the Council
unanimously approved~the results to date of the preliminary work of
Chairman. Paul Knowles and CitY Manager W. E. Lawson, Jr., relative to
a proposed route for West Atlantic right'-of way and authorized their
continuation of this work and particularly, obtaining a survey.~ They
approv~, and it was not done haphazardly. It was done in a very
studied manner and I think, Mr. Talbot., that we today owe you particu-
larly, sir, fo~ your leadershi~ in this matter great thanks because
it shows that all of this work was done previously and saves us having
to refer back to the Planning Board and further delay this very im-
portant project.
Now as to the Sunshine Parkway._ The Sunshine Parkway consists of
two 24 foot pavements with a 16 foot median, a total of 64 feet, but
-8- 5/13/63
"it sits on a 200 foot right of way. Maybe a Sunshine Parkway rSght
through town would be ~ine, but it would wipe out the western side
of town, which some people might approve, but I don't think the in-
vestors out there would a~rove it, and they are entitled tO conside-
ration just as much as anyone else in this town. The Federal Highway
between Delray Beach and Boynton, after.they come together goihg north
from back of the sidewalk-to back of the sidewalk across the street is
100 feet. I did not choose to bug Mr. Davidson anymore because I am
mortally afraid that if we.,bother this man too much trey are going to
pull away ~s they did when we started s~uabbling about Federal Highway
through town and delay this thing a long time when it is so vital to
our progress. I did confer with the State Highway Road. Department"s
Chief Engineer of Palm. Beach County, Mr. Woo/bright, and I have his
authority for these observations. The Federal Highway is 100 feet
from sidewalk to sidewa'lk. It is 6 ~eet narrower than they need,
but they expanded it out to-the limit but could go no further because
of the buildings and it would have made it not financially feasible
to destroy more buildings because they would have to pay for them.
Any of the public here right now will agree that if you go up that
Federal Highway and try to make a left turn with the narrow median
strip, you find your rear end in the northbound lane and your front
end in the southbound lane and it is dangerous and they are having
wreck after wreck for this reason. Mr. Woolbright pointed out to me
that the highway, as proposed 106 feet, was ideal in that it would
provide the wider median strip and allow for the channeling of left
hand traffic in a safe manner. At the State Road Department meeting,
I didn't hear the magic question~ I did hear the q~estion that they
would have to eliminate parking on Atlantic if traffic got too heavy',
but Mr. Woolbright tells me that this is based on volume Of traffic
an~ that it would be just as soon and just as critical with a narrow
one with the s~me volume as a wider one. However, the wider highway
will provide the means for diverting, traffic north and south if it
gets to that point and all of the public knows that on the suer high-
ways around, if it is.a right turn, it says right hand traffic take
the right lane, through traffic take the middle lane, left hand traf-
fic take .the left lane, and this highway lends itself to that - the
106 foot highway lends itself to-this purpose. Mr. Woolbright also
pointed out to me that it is in the immediate future, about five
years which is an estimate, that Military Trail will be four laned
down to Delray and probably to Boca Raton, adding much traffic on this
road which we will need a~d making it possible to divert some' undesir-
able traffic. Also, State Road 9 is in the mill. He made the esti-
mate that in 1968 to 1970, State Road 9 would be built with an inter-
change at our West Atlantic Road. This is going.to give us a means
to divert truck traffic and undesirable traffic into inter-urban and
bring more traffic intoDelray Beach. The sum total of his reconunen-
dation that as far as he.was concerned as a highway engineer, it was
vital to the City of.Delray Beach that it hold the line at 106 feet.
There has been some mention also of eliminating,parking out there,
cutting off one lane ~and el'iminating parking out on West Atlantic.
This may be alright for peopleon~one side of the town but please
understand that the merchants, the property owners in the western end
of town are just as entitled to the same consideration that the main
street merchants demand, and it would be absolutely unchristian, yes',
even immoral, to.want to maintain parking in one spot and deny'it to a
merchant in another spot. As to the 'tights~ the Mayor and we all
went along with it, I'm for it, went into a comprehensive street
lighting program, and the assurance was.given - we didn't do it out
West Atlantic where it was demanded, but the assurance was given them
and Dr. Barnes, sitting in the audience, knows this to be the truth,
that the only reason we were not putting lights out on West Atlantic
Avenue is because we were waiting for the West Atlantic improvement.
Isn't that right, Dr. Barnes? It is a truth, so we have ~ promise to
live up to the people out there to give them street lights just like
we did all over the rest of the town. It was a very worthwhile pro-
ject because a street light is a silent policeman.
- ~- ~/is/6 3
"As to .the money: In the Russell &Axon report, and we will'take up
the Russell &Axon report on the Water Improvement in a week or two
now, it was recommended that a 10 inch main be run out using South
1st Street. i.was with the City Engineer'today and we did some cal-
culations and I think the actUal cost of 10 inch pipe in the ground
runs $4.95 but we used the figure of $5.00. and-it scales out at~6,000
feet which means $30,000.00. To connect into the 10 inch main which
presently exists, conservatively $5,000~00 to $6,000.00. Let's take
the top figure of $35,000.00 to $40,000.00 for that main. However,
on checking with the Fiscal Director, and correct me, Mr. Weber,
Fiscal Director, if I give wrong information here, I find that in the
Water Fund, there is a'$50,000.00 allocation required by the bond
buyers for our capital improvements and if any of this $50,000.00 is
used, then it is replaced by a formula, but i also find that there'is
$715,000o00 in the surplus of which about $300,000.00 is cash. The
bond issue tied to the water, according to the F£~cal Director, does
lot confuse this and that this money is available for this purpose.
t~ow the figures I have given you, ladies and gentlemen, are the outside
top figures. Anything that we accomplish for further planning, the
salvaging, and other things we choose to do will be a lesser figure,
but I tell you the money is there and it iS in there for this kind of
purpose, and it does not affect your ad valorem taxes. It doesn't
affect you at all taxwise because this was built in and is really
profit off of the water distribution system. I wouldn't say profit
because I wouldn't want the people to think we have a money making
operation, but let's say it is a good businesslike operation.
Now, as far as the Planning Board is concerned, referring this to
the Planning Board, with this mass of evidence showing the Planning
Board's actions, public hearings and everythingis duplicate effort.
The referendum= The City Counselor reported to us some months back
that we could not use city funds for this type of referendum. Is
that correct?" (The City Attorney answered that had been changed and
funds could~e used for such a purpose.) "I'm not batting 1000, but
I am close to it. However, personal checking with the public shows
that I have not had one single 'objection'from any member of the public
and I assure you that my phone~has rung from'housewives, professional
people, business people, i contacted the merchants on main street ~nd
I have yet to have a first person that objected to the 106 foot right
of way. A man who I respect-very much, tonight said that he had
talked to over 40 people without one objection. Time is of the es-
sence. This thing is already on the Planning Board. I am very much
for letting the people vote on things, but when I am so sure that this
is the popular attitude and knowing that if we take the time, and each
day is critically important, if we take the time to go through this
with this furor this is created, and'the publicity, we are going to
kill this project because it is indicated, and I was told confiden-
tially that it would be indicated that we assure these people that we
want this thing because it is on the thin ice of cancellation, and
for this reason, and time being of essence, I don't think~we have the
time to do it, when for the purpose of this town, the public safety of
this town, we need this 106 foot right-Of way."
Mayor Dietz: "I WOuld like to rebutt three statements. The median
in the two roads that I referred to are both the same, 15 feet, that's
what ~ives you a protected left turn. As fo~ lights.on~ Atlantic Ave-
nue, the new posts have been put on West Atlantic Avenuefrom Swinton
right on out to a little~beyond 5th A~e and it was on the basis of
those poles that I question that the ~tric company will move them
because we had a conference, Mr. Holland, Mr. Senior and myself on
the light program, And 'then I would only say this; if Mr. Avery's
figures are correct, that is $5.00 a foot %o lay this kind of line and
that it is going up some street it stili has to go up as far as Delray
goes and Delray %oes up to the golf course and that--is two..miles and
two miles is better tha~ 10,000 feet, and if it is $5.00 a foot, that
leaves $50,000.00 for the pipe, not .saying anything about the connec-
tions. I have no further comment to make."
- 10- 5/13/63
135
Mr. Avery~ "Mr. Mayor, we have a !0.inch main from 15th Street out
to the city limits already, which has been laid in keeping with this°"
Mr. Woodard:commented as follows~ "Mr. Mayor, I will attempt not
to repeat many of the historical facts which we have already estab-
lished. I believe that we. have established that this Study goes back
to November 20, 1957, which it does. This program was initiated then
by the Chamber of Co~uerce a~d the individuals which~were at that t~me
serving on this committee were James Sinks, Ralph Priesmeyer, Earl'
Brown~ Joe .Sante, Harry'-Yarborough, George T&l~ot, Charles Trieste,
Vince Canning, Clinton Scott.,-Paul Speicher, ElliOtt Gross, Ben Sundy,
George Warren and Bill Lawson. The history of this partly has been
~elved into. From the minutes of the meeting of August 10, 1959, I
think we-can shed a little ~ight on the subject here. Quoting from
those minutesz ~City Manager Lawson referred to prior discussions from
time to time over recent years concerning the improving of appearance
and establishing a uniform right of'way on West Atlantic Avenue and
.~f further consideration thereof of the recent studies made by Mr.
,~eorge Simons and the Planning Board in connection with long range
planning, as well as tying in the county-wide traffic survey for Palm
Beach County to provide adequate highway to our west. The Manager
further stated, that Paul Knowles, Chairman of the Planning Board, was
present with a sketch of vacant and improved lots along West Atlantic
Avenue, as well as a survey and tentative recommendations. The
Council,' on motion by Commissioner McNeece, seconded by Commissioner
Croft, unanimously approved requesting the City Manager to provide
for a survey of West Atlantic Avenue from Swinton to proposed State'
Road No. 9 in order to establish the north and south lines necessary
for providing 10.6 foot right of way thereon.' The minutes of November
23rd include discussion relative to this.. On December 7th again an
excerpt from that~ 'The City Manager then read the following report
dated December 8, 1959, from Mr. Paul S. K~owles regarding this pro-
ject.~ In summary at the bottom of his report there are four points
which cover material to that date. Point 1, that the County and State
are deeply gratified by our advanced planning. 2. That both'are more
than happy about the relatively clear condition of the entire right of
way. 3. That our.initiative to carry out surveys on our ow~ and our
efforts to give them full working mater~al has step~ed up interest an~
support of this project. 4. That.a completion of the engineering
data, land estimates, etc. can possibly spe6d up work to a large de-
gree.
December 9th has reference to this' project as does the 14th and as
does December 21st. Here is something that is relative= 'On'mot/on
of Commissioner Warren and seconded by Commissioner CrOft, 'tHe Council
unanimously approved the result to date of the preliminary w~rk of
Chairman Paul S. Knowles and City Manager~W~ E. Lawson, Jr., relative
to s proposed route for West Atlantic Avenue right of way an~ author-
ized their continuation of this work, and particularly obtaining an
official survey of their proposed redesigned right of wa~.by Elliott
Gross and Associates, following which further consultations with Mr.
Winston Carlton of t~e State.Road Departmen~ shoUld be arranged for
tentative approval or disapproval of Mr. Carlton of the redesigned
proposed West Atlantic right of way.' I have here a copy of this
Elliott Gross report. This is the copy that the Chamber Highways
Department has been utilizing to work for the city the obtaining of
the right of way necessary to complete this program. To date, as a
result of a meeting held August 15, 1962, a meeting on this date was
held among the County Commission members and the City Council and the
Highways Committee at the County Courthouse. At this meeting we were
informed that WestAtlantic Avenue definitely would be included in a
forthcoming bo~d issue of the county. That the road wou~d be con-
structed on 106 foot right of way and the deeds were being prepared
by the road department for use by the committee in obtainir~j right of
way donations. During 1962, due to the diligent work of this commit-
tee, as ~hairmanedby Ralph Priesmeyer, to date over 84% of the neces-
sary right of way has been obtained to accomplish this job. We were
-11- 5/13/63
not unaware of the fact that this program ws~ going on since we were
working with it. In our 1962budget, we have encumbered $17,000.00
for use on this project, we also added in the 1962 budget, $30,000.,
part of which has been used, for this project primarily, and to date
this project has been o~e"of complete cooperation on all levels and a
prime example of dedicated men who believe in:their community and work
together for its betterment, we have established beyon~ any doubt
that this is not an arbitrary 106 foot highway. We have established
that the difference between the two is primar£1y two additional lanes
designed for parking, which has been determined to be desirable. We
have determined that we want to provide for Delray Beach the maximum
that we'can provide, not the minimum that we can provide. As to the
expenses incurred, I have had three'=onferences, quite extensive con-
ferences with George Warren, and I know that you have discussed this
with him, too. He has told me in no uncertain terms that he recog-
nizes that At!antic Avenue widening has resulted ill our tennis court
~roblemo T~at we will have to tear down a building. That we will
~ave to go to a considerable expense in the tennis'courts and he feels
that this is a specific result of t~e widening program and as such,
comes under the category of the funds that have baen set aside for in
the road program .~nd he said that he will do everything in his power
'~o pay the expense that we have incurred in this widening. We should
get this in writing. W~ cannot get a specific figure at this time,
but we can count on his support with this regard. A1 has already
indicated this water line situation, as~have you, sir. We know that
regardless of which width, whether it is 86 feet or 106 feet, we have
incurred an e:~ense here, so the expense relative to the water, line
immaterial. We have incurred the expense and we will have to meet
this expense. As to the location of the funds for this, we have the
funds. They are in the Water Account now and can be used. In our
March 31st, 1963, financial report on page 38, we have $353,372.02 of
unrestricted cash assets. This is separate and-distinct from a renew--
al and replacement fund of $50,000.00 which Al.already referred to.
This $50,000.00 could be used for this program, but because of the
bond ordinance, we would have to replace these funds. My under.stand-
ing is, and this~should be verified by our Director of Finance,. but
I believe these'unrestricted cash ~nds can be utilized and there is
not the pressure of having to replace them as promptly aswe would
have to under this renewal and'r6placement fund. So we have the f~mds
for this program. We have two alternatives. Since we have to move
the water pipe anyway; we can either move the 6 inch pipe which would
not be feasible, this by the' way was recently done in Boynton. Boyn-
ton, in June of this year, moved their water line which in this case
happened to be a 6 inch"line and their cost was $3.00 per foot for the
materials and labor on the 6 inch line, so a 10 inch line probably
woUld cost about $5.00 per foot for materials and the labor, and
6,000 feet of that. This is a cost which we-have incurred and we
have the monpy to meet and we Will Just have to face it. Whatever'
addition~costs we incur, we'have monies provided'for and we car
meet th~expenses. It is.just a ~matter' of determining how we shall
do thi~i. 'Let us consider the return that we.are going to get for this
relatively nominal expense. We are going-to receive a~highway valued
at approximately $900,000.00.
Parking: I can't see your argument at all. We have an 86 foot
highway which does not provide parking and funnels four lanes of
traffic in and out of the city; or 106 .foot highway, which in addition
to four traffic lanes, provides two parking lanes. These'two parking
lanes are'not going to provide traffic. They are.going to provide
parking and the two parking lanes will not increase the volume of
traffic which Will'be flowing into Atlantic Avenue. The increase in
the volume of traffic flowing int6. Atlantic'Avenue can be bypassed
primarily by way of this tz~c~ route which .~a already under survey
and Under study. We have been Studyi. ng'thia problem since 1957.. we
have a bond issue wh'ich.is about~ to be validated, if it has not al-
ready been validated. The 'funds are being provided ~or-Delray Beach
- 1~ - 5/13/6 3
and it ia only for us to avail ourselves of these funds. I believe,
in essence, these are the points which I would like to bring out'at
th~s time."
Mayor Dietz asked Mr. Woodard= "In the monies that are available
in the water fund, has there been any money earmarked for the require-
ments as shown~by the Russell & Axon report on our water system?
Di~t they recor~nend some $500,000.00 to be required over' th6 next
few years?"
Mr. Woodard~ "This is a city wide program that you are referring
to that does not relate only to the Atlantic Avenue project. This is
a ten year program of optimum advantage to the city alid completely
covers al! of the projected needs in the water department city wide."
Mayor Dietz= '!Have we earmarked-any money for this general project
for the city in the.water fund? This $353,000.00 that you are talking
about might be needed for the general fund when we get into that be-
cause we haven't even got into that yet."
Mr. Woodard= "Certainly not. This $353,000.00 will have tO be
5fawn upon. My only point is that we have funds available now from
~hich we can draw that we can participate in this Atlantic Avenue
program now without delaying the program, without losing the program,
and it will give us ten years to replace these funds and to provide
the additional funds we need for the water department."
Mayor Dietz= "Also, you referred to right of way and you referred
t9 1959. Would you tell me where any Council has approved 106 foot
rosd since 19597 Has there been any activity on the part of the City
Council in Delray Beach since 1959, which is four Councils ago?
Might not things change in four years?"
Mr. Woodard= "Inasmuch as we met with the County in 1962 on
August 13th0 and they had not changed their conception of this road.
We had not changed our conception of the road."
Mr. Talbot~ "When the matter came up of the difference of the 86
~nd 106 foot road, the records will indicate that I moved rather
cautiously at the last special meeting. It is unfortunate that I
didn't recollect, it Ss unfortunate that we didntt have the informa-
tion that I have before me now in the form of the minutes going back
to 1959. It changed my thinking considerably and in order to find
out current thinking, I sounded various taxpayers, substantial tax-
payers. They were in favor of 106 foot road. I received a lot of
information unsolicited, in favor of 106 foot road, and in each case
I projected the thinking that if we do not have the money to carry
this out, it perhaps .might mean an increase in millage. When you
start talking about increase in millage, that usually cha~ges a
person's thinking~ however, ia each instance they stated that if that
was the case, they still favored a 106 foot road."
Mr. Barrow= "Mr. Mayor, may I make a few comments? I think we
have had good publicity on this. You have asked the public to get in
touch w~th your Councilmen and express their opinions, and up to now
I have had quite a few calls, I have only had o~e that kind of:ques-
tioned it and I kind~of doubt whether they were sure about it. I had
one man who I felt sure would have been strictly against it, as a rule~
he is against most anything for progress, but he was very heartily
in favor of it and insisted that we go with th~ 106 feet. That has
been my reaction from the newspaper articles. I have only had the
one, and I believe after hearing what has been said here tonight,
they might see our way of-thinking."
City Clerk Worthing read the following communication from Mrs.
Jessie H. Flynn of 1122 Nassau Street, dated May 10, 1963. "As a
resident and home owner, I wish to go on record as favoring' the nar-
rower 86-foot widening of West Atlantic Avenue, which as I understand
it would channel thru traffic to new State Highway No. 9 and not into
the heart of Delray's business district."
Following further comments, Mr. Avpry moved ~hat a letter be sent
to both the County Commission and Mr. Davidson of the State Highway
Commission, advising them that this Council has approved the 106 foot
road, as designed by them, and urge their ~ooperation in expediting
-13- 5/13/63
this thing, the motion being seconded by Mr. Barrow. Mayor Dietz
agreed that the city must take an official stand on the width of the
road.
Mr. Woodard askedt "i wonder if you gentlemen would accept an
addition to Your motion and second? Mr. Warren was very emphatic
that it was 'his desire that the city tonight instruct the City Attor-
ney and' the City officials to execute the legal instruments necessary
to dedicate the city right of way so that we can proceed with this
program. The Highways Department of the County will not of course
begin construction until 100~of the right of way has been donated.
The city has not yet donated its right of way and they are highly
desirous of us doing this."
Mr. Avery and Mr. Barrow accepted that amendment to the motion.
Mayor Dietz asked: "Would you amend it further, Al, that this not be
done until we get in writing from the County that they will pay for
our tennis courts?" Mr. Avery did not accept that amendment to his
motion.
citY Attorney Adams said that legally the city would be in a much
better position if it could be worked out with the County, and get a
firm commitment that they are going to pay at least their appraised
value of it.
Mr. Woodard stated that Mr. Warren had specifically asked that the
city donate their right of way without tying any strings on it, that
he would give his word that he would fight for Delray Beach receiving
these funds without tying these strings onto it and that his candid
opinion was that Delray Beach would receive a much more favorable
reception at the County level if the city did not tie strings to
their dedication.
Mr. Avery: "The reason that I will not accept that is that we are
in favor of the 106 foot right of way, and this is related to that.
The.motion'donating our par~of the right~'of'~ay'is related to that.
These other th~ngs, I Will have a motion pertaining to this other
which Mr. Warren requested us to make after we vote on this motion."
Mr. Avery then restated his motion as follows: "I move that the
city write to theCounty Commission and Mr. Davidson of .the State
Highway Department apprising them of the .fact that this Council is in
favor of the '106 foot road designed by them and ask their cooperation
in expedi.ting"the same, and that the city execute instruments neces-
sary to dedicate city'-owned right of way on this Atlantic Avenue wi-
~ening program."
City Attorney Adams said th~% he did not want to delay this pro?
ject but the reason he cautione~ the Council is that he fears getting
in the position that the county is morally obligated to pay the City
whether or not they are legally obligat'e~;further, that he.is not
certain that a County can pay out money for a moral obligation.
Following further lengthy discussion, Mr. Avery and Mr. Barrow
agreed to the separation of the motion and Mr. Avery moved the County
Commission and Mr. Davidson of the State Highway Department be noti-
fied that the Council of the City of Delray Beach is in favor of 106
foot highway as designed bY them, the motion being seconded by Mr.
Barrow. The motion carried unanimously.
Mr. Woodard moved that the City be instructed ~o execute the legal
instruments necessary to donate the cityrights of.~way affectedby.
the Atlantic Avenue 106 foot widening...The motion was seconded bY
Mr. Avery and carried unanimously.
Mr. Avery then moved that the County Commission be requested to
conside~.reimbursin9 the ci~7 for the tennis court properties, the
tennis ~urts'and facilities, which are affectedin this widening
inasmuc~as the" taxpayers of Delray Beach paid for those facilities
and 'inasmuCh as it is the policy of the County Right of Way Agents
to reimburse property owners for improvements on property, and never
having had the first instance 'of asking property owners, to donate im-
provements on property but only to donate unimp=oved real estate.
The motion'was seconded by Mr. Barrow. Mr. Woodard suggestmd sending
to the County Commission with said request photocopies of the drawing~
that the Tennis Committee prepared, copies of letters received from
Mr. Feise and any other data that the County may re,Dire as evidence
. -l~- ~/13163
139
of proof. Upon call of roll, the motion ~aFriedunanimously.
6.b. In consideration of.. the policy concerning the Sanitary Landfill
operation, City Manager Holland said that after a two weeks' survey,
he finds t~at part of the problem is that a large portion of trash
dumped is coming from outside the city limits. That investigation
showed that mostof the-trucks d~mp~ng have. license to do business in
Delray Beach, but 2hey are also doing business out 'of the city, and
that he has stopped 2he dumping of trash, that comes from outside ~he
city. City Manager ~lland asked that the Council establish a policy
on this operation. Following discussion, Mr. Talbot moved that the
City Manager be instructed to accept only Delray Beach trash in the
Sanitary LandfilI. Mr; Avery said that he would second the moti0n'if
Mr. Talbot would add "with the exception of the County with whom we
have a reciprocal agreement." Mx. Avery explained that the agreement
is with the County Goverumental body and does not add ~ the citypro-
blems. Mr. Talbot accepted Mr. Avery's suggestion and the motion
carried unanimously.
6.c. Concerning the General Clean-up in the west sector of the city,
the City Clerk read the following letter from the Community Relations
Committee, signed by Mrs. Virginia Meyers, Secretary, and dated May
8, 1963~
"The Community Relations Committee in cooperation with various
Negro organizations is conducting a Clean-Up campaign on the
West side. We are requesting the City collection trucks to
be in that section on Saturday morning, May 25, 1963, to pick
up the debris that will be placed at the curbing.
We understand that the trash cans removed from the beach area
are not being used. We suggest that the City. Commission
authorize the' placing of these cans in the Western sector."
City Manager Holland said that he had set up the schedule for May 25,
that it would not mean overtime, but an additional day which they
would be able to cover. That there are 28 trash containers, removed
from the Beach, that have been painted and repaired.and if thes~ con-
tainers were placed in the proper places in the west section that .the~
may prove beneficial to the area, and that they would try to educate
the people to use them. That he would like to utilize all city equip-
ment possible for that day, and asked Council permission to carry out
this program, 'it being so moved by Mr. Talbot. The motion was secon-
ded by Mr. Barrow and carried unanimously.
6.d. The City Clerk reported that on February 25, 1963, the'Council
granted permission for the use of city forces to run water to the new
fountain in the Cemetery and waived the Building.permit fee. That
there was further discussion, but no action taken, relative to fur-
nishing the power line to the fountain. That it has been determined
that the cost of necessary power line installation for providing cur-
rent to the fountain area is ~315.00 and that it is requested that an
appropriation be made from the Beautification Fund for that amount,
it being so moved by Mr. Barrow. The motion was seconded by Mr. Aver~
and carried unanimously.
6.e. Concerning appointment of a committee to supervise Sewer Revenue
Bond funds deposit, Mr. Avery suggested the appointment of a committee
to consist of Mr. Robert Freitag, President of the Delray Beach Na-
tional Bank; Mr. Frederick J. Teschke, President of the First Nationa~
Bank of Delray Beach; and Mr. Thomas E. Weber, City Finance Director,
such committee to be authorized to supervise the deposit of Sewer
Revenue Bond Funds and monies ~elating thereto. Mr. Avery then moved
that said committee be appointed, the motion being seconded by. Mr.
Talbot and unanimously carried.
-15- 5/1~/6~
6.f. A re~o~% from the CitYAttOrney ~%ative to maintenance of sub-
divisio~j~s was presented to the Council, said report outlined
several~le solutions which the CoBncil may desire to pursue.
The Counci~';'was informed that this report was merely for the purpose
of acquainting them with the problem, that the solution was a policy
decision. (See Page 17~-F)
City Manager Holland said that this required much more study than
they had been able to give it to date, and suggested that this item
be tabled, it being so moved by Mr. Woodard. The motion was seconded
by Mr. Barrow and carried unanimously.
6.g. City Clerk' Worthing informed the Council that there recently
came to light existing easements of record, which have never served
any purpose nor been utilized. These easements are located in Section
19-46-43, and a portion of improved Lowson Boulevard in Sherwood Park
Subdivision'is directly over a part of said easement,, as are many
homes and installed streets in Delray Beach Highlands Subdivision,
lying immediately south of said Lowson Boulevard and west of the Sea-
board Airline Railroad right of way._
It is recommended that the city release whatever interest it may
have in the portions of said easements which lie within the boundaries
of the City of Delray Beach, and a-Resolution, prepared by the City
Attorney, is available for Council consideration of such release.
Upon Being assured that the City Clerk and the City Attorney fav-
ored the abandonment of said easements, Mr. Talbot moved for the
adoptiOn'of Resolution No. 1449. The motion was seconded by Mr.
Woodard and carried un'a~imously.
RESOLUTION NO. 1449.
A RESOLUTION OF THE CITY COUNCIL-OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN EASE-
MENTS SHOWN ON A PLAT RECORDED MAY 4, 1916, IN PLAT
BOOK 6, PAGE 53, PALM BEACH COUNTY, FLORIDA, P~BLIC
RECORDS.
WHEREAS, SHERWOOD P~RKDEVELOPERS, INC., a Florida 'corporation has
made application to the City Council of the City of Delray Beach,.
Florida, to vacate certain easements show,'on a Plat recorded May 4,
1916, in Plat Bo~k 6, Page 53, Palm Beach County, Florida, Public
Records; and
W~EREAS, said easementz~ave never b~en used as thoroughfares or
drainage ditches by the Public, and they are unnecessary for any
municipal purpose;
NOW, T~EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That pqrsuant to paragraph threeof Section seven of the City
Charter of the City of DelrayBeach, F~orida, we-hereby declare the
following easements to be discontinued.and vacated:
That certain 'right Of way', 5~ feet wi~e,:the center line.~of which
is the North line of the SE 1/4 of Section 19, Township. 46 South~
Range 43 East, and extending from the West line of the East'1/4
of said Section 19, west~ard'.~t6 that'-East.right of way line of
Lake Worth DrainageD~strict.~canal E~4~. .
That certain' 40 foot right o~ way, the' center line or.which is
the North line of the' S' 1/2 ~0f the SE 1/4 or-Section .19,. Township
46 SOuth, ,Range 43 East', and extending from.the East'tine of said
Sectio~' 19 to the West line of .the E 3/4 of the,SE 1/4 Of said
Section 19~ ~
That certain right Of way, 25 feet wide, the South line of which
is the South line of'Seotion 19, TOWnshipi46 South,.Range 43 East
extending from the East line of said Section 19 to the East right
of way line of Lake Worth'Drainage District Canal
That certain right of way, 30 feet wide, the center line of which
is the West line of the E 3/4 of th~ SE1/4 of Section 19, Town-
ship 46 South, Range 43 East, and extending from the North line
of the SE 1/4 of Said Section 19 to the South line of said_Section
19.
2. That this ResOlution shall have the effect of vacating the
aforesaid easements,-but shall not affect any~masements or dedications
which exist by virtue of subsequent Plats.
PASSED AND ADOPTED this 13th day of May, 1963.
6.h. The City Clerk informed the Council of an Appeal having been
entered, pertaining to the Court's findings relative to Mr. James
Caves, and that it is recommended that the City Attorney be author-
ized to file briefs in reply thereto, on behalf of the city, it being
so moved by'Mr. Woodard. The motion was seconded by Mr. Talbot and
carried unanimously.
6.i. City Clerk Worthing reminded the Council that on April 22nd,
they referred to the architect all bids received for cons=ruction of
a Westside Community Center, for his tabulation and review and then
read the following letter from Architect Richard Hanna, dated May 10,
1963:
"The tabulation of bids received for the construction of the West
Side RecreatiOn Center is as follows~
P. G. Herig $60,183.00
James L. Brooks, Inc. $64,484.00
Norris W. Bird $66,266.00
Hawkins and Mouw, Inc. $66,774.00
Floyd J. Griffin $68,552.00
After studying the proposals it is recommended that the low bid
of P. G. Herig be accepted with two modifications. These are
the substitution of-
2 Jenn-Aire, Model 101 CR fans in lieu of 2 ILG model
LCR~ 122, and,
8 Jenn-Aire, Model 183 BCR fans in lieu of 8 ILG Model
LCRP 150 at a savings of-$700.00
and also the deletion of the $1,000.00 landscaping allowance
from the contract. The landscaping would be done by City
personnel and material. These revisions will reduce the
contract amount to $58,483.00."
The City Clerk then:stated:.thatif.it.was the.pleasure of.-.th~ .Coun~
oil, award of Contract for such construction should.be made together
with authorization for execution of a Contract to cover this project
as prepared by the City Attorney, it being so moved by Mr. Talbot,
seconded by Mr. Woodard and unanimously carried.
6.j. The City Clerk informed the Council that in order to conduct
proper and complete research of Public Records to determine.ownership
of the Yacht Basin lying immediately west ofLots 1 through 8, John
B. Reid's Village, authorization for incurring expense necessary
therefor is requested; further, that he has knowledge of a deed having
been filed in the County Recorder's Office for a portion of land
- 17- 5/13/63
recognized as part of Casuarina. Road, and'a deed filed covering the
sale of lands which include 200 feet or,Yacht Basin deeded to the City
of Delray Beach in October of 1952. The City'Attorney explained that
this is a request to authorize a Title Insurance Company to search the
records to determine correct ownership and that~he does not believe
the cost will exceed $100.00. Mr~ Wooda~ thenmoved to proceed with
said research, the motion being seconded by Mr~ Talbot and unanimous-
ly carried.
6.k. A request for relief from a water charge due to the rust situa-
tion in the city water making his swimming pool unusable from Mr.
Arthur R. Sprott was presented. Following discussion, Mr. Talbot
moved that this item be investigated by the City Manager and a report
made to the Council concerning same. The motion was seconded by Mr.
Woodard and carried unanimously.
6.1. Concerning the appearance to the entrance of Tropic Palms Sub-
fvision, Mr. Avery said that same.was a disgrace to the city. That
ter investigation., he .finds that this property is commercially
zoned, which will permit said condition to exist, and that~he thinks
a change of zoning should be considered for this area and also to the
entrances of Tropic Isle. Mr. Avery then moved that this problem be.
referred to the Planning Board and the possibility of rezoning these
entrances be considered in order that these entrances may be main-
tained in'the proper manner. The motion was seconded by Mr. Barrow
and carried unanimously.
6.m. Concerning creation of a'-ltaison between the Council, Engineers,
Contractors and Inspectors as regards the Ocean Outfall Sewer Project,
Mr. Woodard said that the person he has in mind concerning this is
Col. Daniel Neff, who has been invaluab'le to the Council recently as
an advisor. Following discussion concerning the amount of time to be
spent as such liaison and possible compensation, Mr. Talbot moved
that Mr. Barrow and Mr. Woodard be appointed as a committee to bring
this matter to a conclusion and report their findings to the Council.
The motion was seconded by Mr. Avery and carried unanimously.
6.n..Mr. Barrow asked how the billing procedure of present nuisance
abatement was arrived at as he had received complaints from property
owners concerning same. It was explained by the.City Manager that
~der his new progr~ of lot clearing, allowners ef unimproved pro-
perty would receive a letter concerning said cost of mowing, and
through the process of elimination of the ones that should not have
received sai~ letter, due to their property being taken care of pri-
vately or said.property being graveled, paved, etc., the proper pro-
cedure would eventually come about. Following lengthydiscussion, Mr.
Woodard moved that the lot clearing program be continued as instigated
by the City Manager,' as it is a fine program; However, that .the bil-
ling procedure be such that only those who'receive the service of
having their lots cleared are billed for that service. The ~otion
was seconded by Mr. Barrow and carried unanimously.
6.o. City Clerk Worthing informed the Council ~hat the City of Boca
Raton, on April 2, 1963, adopted Resolution No.. 9-63, calling for
County~'.State and/or,Federal assistance.~n'the acquisition and pre-
servat~-o~'of Sabal Point and the Boca RatOnXnlet, and thenread the
following letter from City Manager William H, Lamb of Boca Raton,
dated A~ril 18, 1963:
"The enclosed Resolution calling for County and State assistance
in the acquisition and preservation of Sabal Point and the Boca
Raton Inlet; Was adopted by the Boca Raton City Commission on
April 2, 1963.. Copies have been distributed to the Governmental
agencies set forth within the Resolution.
-is- 5/13/63
"To add further support to this endeavor, it has been requested
that the neighboring cities to Boca. Raton within Palm Beach
County, endorse the contents o~ this Resolution, and so advise
the appropriate governmental agencies.
YoUr active support of this%County wide improvement will be
appreciated by the City Commission."
Mr. Avery moved to endorse the contents of said Resolution, the motion
being seconded by Mr. Barrow and carried unanimously.
6.p. Concerning disposal of old cars and junk, City Manager ~olland
informed the Council that the program he had initially set up to place
same in the ocean to build a fishing reef was not permitted by the
Federal government, therefore, his next alternative would be to ob-
tain Council permission to pick up these old cars, etc. and place
them in a rock pit on city owned property west of town. That he
believes this can be accomplished with city equipment and at times
that it will not interfere with the current operation of city depart-
ments and at a cost of only a few hundred dollars. During discussion,
it was brought out that the owners of junk yards within the city
would be given permission to place their junk cars, at their own ex-
pense, in said pit also. The City Manager informed the Council that
he has a list of 288 old junk vehicles, and ~hat the City Attorney
has prepared a release that would be signed in each instance before
said vehicle would be removed from private property. Following dis-
cussion, Mr. Talbot moved that t~e CityManager be given permission
to carry out his junk program, the motion being seconded by Mr. Avery
and unanimously carried. ×~
/
6.q. The Council was informed that the City Manager desired to ~is-
cuss with them the advisability of reTaesting the Police Benevolent
Association to consider possible vacation of the ten acre tract of
land it now holds under a lease agreement which expires December 8,
1968, and provide for possib%e relocation of this Association to a
five acre tract of city owned land west of the city, on a 99 year
lease agreement, if such an arrangement would be satisfactory to the
Police Benevolent Association, and permit the Association's contem-
plated improvement program.
City Manager Holland explained that the land now occupied by the
P. B. A. is'very valuable to the city, and that the proposed five
acres does not have that value, that the P. B. A. could select the
best five acres of the 25.acres owned by the city and since, accord-
ing to the ~arter, it cannot be given to them, he would suggest a
99 year lease which would give them enough security to obtain finan-
cing for their proposed improvements, further, that he. had discussed
this change of property with them and it was agreeable to the P.B.A.
It was pointed out that the present location of the P. B.. A. Club-
house and grounds is one of the city's prime industrial areas.
Following discussion, Mr. Avery moved that the 99 year lease be
executed with the Police Benevolent Association for five acres of
city owned property at the area commonly known as the rock pits,
west of Delray Beach. The motion was seconded by Mr. Woodard and
carried unanimously.
6.r. The City Clerk informed the Council that a base bid of $45,000.00
had been received for proposed purchase of Lot 14, Block "A",.Palm
Beach Shore Acres, this being the city's public beach land in Ocean
Ridge. Further, that it is set forth in Section 7, Article II of the
City Charter, that the Council may, whenever they determine it to be
in the best interest of the city to do so, direct the terms'~f such
proposed sale and the base bidb~.advertised once.a week for at least
two weeks, following which a public auction shall be held at the City
Hall in Delray Beach. That disposal of such %~Dd is not mandatory:
following a public auction thereof; however, by Charter provision, the
-19. 5/13/63
Council shall act as follows= "Ail such sales shallbe subject to
approval by the City Counc£1, and.in ~ach case the bid of the highe~
bidder complying with the terms and conditionsset forth in the notice
of sale shall be accepted, unless theCity. Council~sha11 reject all
bids." The COuncil was informed that said base bid had been received
from a firm of attorneys in Pompano Beach representing Mrs. Katherine
Rex, who owns.the Ocean Ridge property directly to the south of said
city property. Upon question by Mr. Avery, Mr.'Worthing stated that
his assessed valuatioh of said citypropertywas $60,000.00. Follow-
ing discussion, Mr. Woodard moved that this base bid be accepted by
the Council and said city property be advertised for public auction,
the motion being seconded by Mr. Avery and unanimously carried.
6.s. The City Clerk presented proposed assessment ~olls, covering
improvement~projects previously authorized and which havenow been
completed and totai cost determined, as follows=
1. opening, grading and paving that part of N. W. 10th Avenue
lying between Atlantic Avenue and N. W. 2nd Street;
2. Opening, grading and'~aving that part of S. W. 5th Avenue
lying between 6th and 7th Streets;
3.Opening, grading and paving that part of S. E. 6th Street
lying between 5th and 6th Avenues; and
4. For grading and paving that part of N. W. 9th Avenue lying
between 2nd and 3rd Streets; also the construction of
sidewalks on the east and west sides of that part of N. W..
9th Avenu9 hereinabove described.
(Copies of these four assessment rolls are attached to and made a
part of the official copy ~f these minutes)
Mr. Woodard moved that said assessment rolls be approved. The
motion was seconded byMr. Avery and carried unanimously.
6or. Mayor Dietz stated that this item had already been taken, care of.
6.u. ~oncerning a request for relocation of a frame building, City
Clerk Worthing read the following memorandum from Ralph A. Hughson,
Building Official,' dated MaY 10,' 1963:
"AppliCation has'been received from Helen Kraus Webb to move the
frame, model apartment from the Miramar Gardens site, on Venetian
Drive, to a parcel of land at the corner of Ocean Terrace and
South Ocean Boulevard, Lot (26A).
The structure meets all ofthe minimum =equirements of the
building code, and can be located on this lot so that it will
meet the setbacks, as established by the zoning code.
This building should be set back 27% feet from the north property
line so the proposed, Ocean Terrace right-of-way ca, be obtained,
and the required 12% foot setback from that right-.or-way-be
maintained.
According to Sec. 9-2 (b) of the code of ordinances all permits
which involve improvements on Ocean Boulevard in the R-3 zone,
must have council approval."
City Manager Holland informed the Council that he had talked with
Mrs. Webb relative to her deeding the North 15 feet of her property
to the city. for the widening of Ocean Terrace as said street was only
1.5 feet wide for the length (150)feet) of her property and 30 feet
wide as it continued on to the west of her property~ The City Manager
-20- 5/13/63
145
further stated that.iMrs. Webb .,had offered to payt..the ~north .ten feet
of her property, to be used as a-street, making Ocean Terrace 2~ feet
wide' for that 150 foot length, bu~t that she would-~eta~n ownership of
said ten feet. The City Manager said that he was in agreement with
the Building Inspector's recommendation of. a 2.7% foot setback, from
the existing street. -
City Attorney Adams advised the CQuncil that as-far as they are
concerned on this request, it.is a. rou~ine matter and..&f it meets
the building code, they WOuld. really~ have no choice but to grant same,
further, that as far as loca'tio~ and. setb. acks~.are_ concerned, the owner
of the property has the privi~lege of appea.ltng., to..the Board of Adjust-
ment if the Building Offi'ci~l denies their..plans for setback.
Following discussion,~ Mr,:: ,Avery. moved that .the.~ request be granted
and the Building Official's recommended setb&ck~of 27% .feet be order-
ed, the motion being seconded by Mr. Woodard. upon.call of. r°ll, Mr.
Avery, Mr. Barrow~ Mayor Dietz and Mr. Wooda~d voted in favor of the
motion and Mr. Talbot was opposed.
x. The City Clerk read ~he following letter from William E. Dorman,
Real Estate Editor of the Boston Herald~ dated April 29, 1963:
"I appreciate the interest you and the City Council have shown
in my recent piece on Delray Beach, and I wish you would convey
this expression to members of the' Council.
It is not difficult to describe Delray. However, it is puzzling
why so many commullities fa/1 to grasp~some of the essentials
which are so obvious in forming sound property values.
You may be interested to know I made a wrong turn on the Federal
Highway and was proceeding the wrong direction when a traffic
officer stopped me, probably saving me ~rom injury or worse.
Instead of the usual dressing down, I think he was the most
courteous officer I~ve ever met, and he practically became
my guide for a short time.
You have a fine city, and I wish you many years of succe.ssful
public service."
Following comments, Mayor Dietz asked the City Manager to post a
copy of this letter on the Police Department bulletin board.
?.a. The City Clerk read the following letter from the Boynton Beach
Junior Chamber of Commerce, signed, by John L. Archie, .Derby. Director,
and dated May 1, 1963:
"The Boynton Beach Jaycees,- in~;cooperation with Adams Chevrolet,
are sponsoring the South Palm Beach County Soap Box Derby race
on July 13, 1963. We have received the utmost of cooperation
from all sources in-staging this event that is sobeneficial to
the boys in our communities.
We are asking the three major cities in South Palm Beach County
to help us in this endeavor by donating a $50.00 U. S. Savings
Bond and a trophy to be presented at the banquet held the night
of the big race. The value of the trophy would be approximately
$20.00 and the Jaycees WOuld take care of the cost of the
engraving.
We know you,will give this matter careful consideration and
only hope that. we may hear from you favorably at your earliest
convenience."
In discussion, it was brought out that this is a coordinated ef-
fort of three or four cities, and not a request to .assist an organi-
zation~ further, that there is sufficient money in the Recreation
-21- s/~3/63
Department to 'cover this 'donation. M~ Talbot*moved that the request
be granted and the money ~o come from the Recreation Department. The
motion was seconded by Mr. Avery and carried unanimously.
7.b.. The City Clerk read a copy of a letter from Attorney C. Y. Byrd
to the Pa/m Beach POst-Times staff, dated April 22, 1963, concerning
the need for the construction of State Road '9, and stated that the
Council may desire to discuss this item and its relative importance
to this general area as well as possible relationship to State Road
806, and its proposed im~rovement from Swinton Avenue to the Turnpike.
Mr. Avery suggested that as st=o~g a Resolution as possible be pre-
pared and it be directed to the proper State and Federal officials
and that the East Coast communities of Broward and Palm Beach Counties
be solicited to pass a similar resolution'.
Mr. Woodard asked for twelve copies of Mr. Byrd's letter and copies
of the Resolution to take to the next Tri-County Governmental League
meeting in order that they may be distributed to the Board of Direc-
tors of that League.
The City Attorney was directed t9 prepare a Resolution as sugges-
ted, to be presented to the Council at their next regular meeting.
8.a. The City Clerk read ORDINANCE NO. G-483.
AN OPDINANCE OF TB~ CITY COUNCIL OF THE CITY OF DELRAY
BEACH~ FLORIDA, AMENDING CHAPTER 16 OF THE CODE OF
OPDiNANCES OF THIS CITY BY ADDING SECTION 16-13
PRESCRIBING ;~N ADDITIONAL PREREQUISITE FOR OBTAINING
A CITY OCCUP;~TIONAL LICENSE ~AS A GENERAL CONTRACTOR,
SUBCONTRACTOR, SPECULATIVE BUILDER, ELECTRICAL CON-
TRACTOR AND PLUMBING CONTRACTOR.
NOW, BE IT ORDAINED BY T~E. CITY COUNCLL~OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS z
Section 1. Chapter 16, Code of Ordinmnces of the City of
Delray Beach, Florida, be, and the same is hereby amended by adding
Section 16-13 to read as follows:
"Section 16-13
"In addition to any other requirements, any person, firm
or corporation desiring to be licensed.by the city as a general
contractor, subcontractor, speculative kuilder, electrical contractor
or l~lumbing contractor .~hall first eNhibit an active Palm Beach
County occupational license tO engage in that particular occupation."
PASSED on second and final reading in regular session on
this 13th day of May, 1963.
There being no objection to-Ordinance No. C~483, said Ordinance
was unanimously passed and adopted on this _second and final reading
on motion by Mr. Avery and seconded by Mr~ Woodard.
8.b. The City Clerk read ORDINANCE NO. G-484.
AN ORDINANCE-OF T~E CZTY COUNCIL .OF T~E CTTY OF .DELRAY
BEACH, ~FLOR~IDA, ~EZONING AND PLACING ~ERTAIN LANDS IN
DELRAY BKACH, 'IN "C-2 ~ENE'RAL ~OMMER~IAL DISTRICT" ,
ANENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1960",
AND GRANTING A PERMISSIV~ USE FOR CERTAIN OTHER LANDS.
(Copy of Ordinance No. G-484 is attached to and made .s part of
the offiCia~ .c'Opy of the~e~mt~utes. ) (See Ps~e 150~A)
There bein~m~, objection to Ordinance No. C--484, said Ordinance
was unanimousI~sed and adopted on this second and final reading
oB motion by.Mr. Talbot and seconded by;Mr. WOodard.
8.c. City Clerk Worthing read.ORDINANCE ,NO... G7485.
AN ORDINANCE OF T~E CITY CODNCIL OF THE CITY .OF DELRAY
BEACH, FLOI%LDA, AMENDIN~ S~B-SECTION (C), ,SECTION 29 -
7, CHAPTER 29 OF .THE CODE O~ ORDINANCES OF
PERTAINING TO BUILDING ~E!.ff~HT ~EG~ATIONS IN THE R-3
M~LTIPLE FAMILY DWELLING DISTRICT. .(See Ps~e i~0-B)
The City Clerk also .read a letter conce~r~ng same, from the Beach
Taxpayers League. The City Cl..erk called:atte~tion to the, fact that
building,,.~ c~ be built 100 fee2 high in C-1 Zoned lands ~:nich exist
on Atlant~.u Avt:~ue both east and west of .the Wat. erway.
It v.,as also l~o~nted out that this Or¢linance i~ only a minor change
from the last re~,on~nenc~ation of the .Pla~n,~ng Board concerning height
of construction in R~3~ zoned ~lands. It, was recommended by
that the Ordinance be~ ~mende~d to read as f~oil.ows: "No BullS/rig shall
exceed three stories or fort,-five (~5) fe~t in be!,'$ht~ e:~c~,pt that
buildings located .on ocea',~ front-lots may be erected to a height not
exc~edim.~I one hul~drea ~0~) fee~ providing that ~y structure in ex-
cess of uhree ~cori~s shall be required to increase th~. basic side
and rear setbacks ~.n a~ditional five feet.."
Follow%ng lengthy discussion, Mr. Avery moved that this be referred
to the P. lam~ing and Zoning Board asking them to discuss this in a
joint meeting with the Council, the motion being seconded by Mr.
Woodard.
Miss Dorothea Galvin of the Beach Ta~ayers Leugue informed the
Council th,~t at a meeting of the Executive Board .of.,said League, they
favored the r~s~ge of said Ordinance Noo ~485. The Councilmen each
expressed the±:: o~inions on this matter, and ugon call of roll, Mr.
Avery an~ ?.Ir. Woodard voted in favor of the motion, and Mr. Barrow,
Mayor Dietz a~d Mr. Talbot were o~posed. The motion dld not c-arty.
Mr. Talbot the~ movud that Ordinance No., G-485 be p.laced on first
reading. Mr. Barrow said that he would second .the motion w.~.th the
addition that the Council a~k the Planning Board to meet wi~:h them
some time during the month to discuss same. Mr. Talbot accepted said
addition to bls motion and u~on call of. roll, Mr, Barrow, Mayor Dietz
and Mr. Talbot voted in favor of the motion ~nd }~r. Avery and Mr.
Woodard were o..Dpo--.ed. The motion passed.
8.do City Clerk Worthing p~eeented ORDII.~'-I,~CE ~O. G-486.
AN ORDINA~C::~ OF.-TFt~ CITY OF DEL~Ay BE, ACH, FLORIDA
LE',~/ING T~ ASSESSHENTS AS SHO~ .BY THE A~SESS~,~T
P, OLLS SUBMI'?.~TED BY THE CITY MANAGER OF S~ID CIT'/,
CO~CERNING THE OP~,I~iNG, GRADIN~ ~[~D PAVING OF
PART OF N. W. TEi~TH AVEN~E LYING B)]TWEEN ATLANTIC
A'~NUE AND N. W, SECOND STREET; THAT PART OF S. W.
FIFTH AVENUE. LYI~]'~ BETWEEN 'S, W. SITTH .AN~ SEV~, ,~TH
STI~EETS ~ THAT PART OF '~S ~ ~ E ~ SIXTH ,STP, EET ~LYtNG BETWEEN
S, F,. FIFTH AND SIXTH AV~NUES~.:A-'.TD ~/~AT PART OF .N,
~.,~INT.'.'{ AVEN~E LYII~(-' BETWEEN No Wo~:~EG~N~AND TPLIRD
STP~TS, ALL OF SAID IMPROVEMEI~TS B~.'I/~ PAVED:.TO A
WIDTH OF TWENTY-FOUR FEET, ALSO CONST~UJCTION.OF
SIDEWALKS, FIVE FEET IN .WIDTh, ON THE EAST. AND WEST
SIDES OF :THAT PART OF N. W~ NINTH AVENUE HEREXNABOVE
DESCRIBED, SAID ASSESSMENT- ROLLS BE~/~G ATTACHED HERETO
AND FORMING ,A PART HEREOF.
Ordinance No. G-486 was unanimously placed on first reading on
motion by Mr. Talbot and seconded by Mr. Barrow.
8.eo City Clerk Worthing presented ORDtl~ANCE NO. C~487.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXIN~ TO T~E: CITY .OF DEL~AY BEACH
CERTAIN LANDS LOCATED IN S~CTION 5, TOWNSHI~ 46 SOUTH,
-23-
(Church of the Pa~s)
Ordin~ce No. ~487 was unanimously placed on first rea~ng ~
motion by Mr. W~dard a~ seconded by ~. Tarot.
8.f~. ~e City 'Clerk presented O~i~ NO.~ ~8.
~'O~I~ OF T~ CI~ CO~C~L OF T~' CI~~ OF ~L~Y
· BEA~, ~RI~, ~XIN~ TO ~ C~TY OF DEL~Y B~CH
~RTAIN ~S L~TED~ ~CTION 5, ~SHIP 46 SO~,
~GE 43 ~ST, ~I~ ~ ~ ~NTIG~US ~ EXISTING
M~ICIP~ LIMITS OF SAID CI~; ~EFINING T~ BO~S
OF SAID CI~ IN~E SAID-L~S; PR~IDI~ FOR ~
RIG. S ~ OBLI~TIO~ OF ~ID ~S; ~ PROVIDI~
FOR ~ ~NING ~OF. (~ity Center of Delray Beach)
Ordinance No. ~488 was unan~ously placed on first reading on
motion by ~. Woodard and seconded by ~. Avery.
9.a. Concerning a re.est fr~ Mr. ~gh W. Vogl,.. in behalf of Lake
I~ Development ~oration to rezone a tract of land lying south of
L~ Ida Road, 'City Clerk Worthing read the following Planing Board
~eport dated May 8, 1963.
"A re'~eSt ~z rezoning,from R-I-~ (Single F~ily ~elling Dis-
t~)-~ R-2 (One ~d ~ F~ily ~elling District) of the
foll~i~ described property has been received:
That part of the West half of Lot 19, Section 8,
~ship 46 South, Range 43 East, lying South of
existing right-of-way of Lake Ida Road except the
South 150 feet thereof, Del=ay Beach, Florida
A P~lic Hearing was held in the Council Cheers at the City
Hall, at 4=00 P.M., April 12, 1963. After hearing the reason
for the re.est from Mr. ~gh Vogl, the Board, after discussion,
went out to the area to make a visual ~ey.
At the conclusion the Board voted to reco~end that the re.est
be denied."
Mr. Vogl informed' the Council that if they s~stained the Planning
Board's reco~endatiOn, the buyer may possibly be willing to go
through with the ~ansaction but that it ~uld mean the' erection of
tw~ to ~enty-t~ single residences instead of sixteen '~ality
duplexes that the man intended to constant, which is contrary to the
~er"s intention, and for ~that reason Mr. Vogl ~ed the Council to
reconsider the original re.est for reining and' a~d ~at the zoning
be Changed from R-~: to C~2 which wou~ pe~it the erection of a-
mod~n soft drink bottli~ ~lan%~. The City Cterk then ~ad. a letter
from.~. Vogl asking that they reconsider the zoning chugs at this
time from R-~ to C-2.
FolloWing co~ents, Mr. Avery ~ved ~at this ~ended re.est be
referred to the Pla~ing ~d ~n~ng Board with the re.est to them
that they consider this very carefully, as the Council is intrigued
with the possibilities offered. Th~ ~tion was seconded by Mr. Talbot
and carried unanimously.
Building ~nspectOr ~HUghson stated that he felt it'would be very
~lpful to the Planning Board if it could .have some definite plans to
pass on rather than Just a C~2 Zone. MN; ~ogl~ stated that his pro-
s~ctive pBrchaser desires the land rezoned prior to purchase of s~e.
City Attorney A~ams reminded the Council that a C-2 zone would
allow any of the usee permitted An an R-2 zone, therefore, they would
have to qualify the C-2 zoning for a special purpose.
10.do Bills for Approval were preseated as followsz
General Fund $108~ 405,96
Water Fund - Operating Fund $ 24,031k16
Mr. Woodard moved that the bills be paid, the motion beihg seOOnded
by Mr. Talbot. U~on call of roll, Mr. Barrow, Mayor Diet~.~ Mr. Talbot
and Mr. woodard voted in favor of the motion an~ Mr. Aver~ was o~posed
as there was a Trieste Construction Company' bill being consider~d.
The meeting adjourned at 12~20 AsMo on Order of. Mayor Diet~-.
City Clerk
APPROVED:
MAYOR ' ' '
150
l%O-A
ORDZ~ANCE NO. G-484.
AN ORDXHaNCB OF .1HE CITY COUNCIL OF THE C/TY
OF D~LRAY BEACH, FLORIDA, RBZONZNG AND PLAC-
*rNG CBRTAXN LANDS
NAP O~' D~Li~Y B~, ~ 1960', ~ O~-
lNG A P~SSX~ USS ~R ~RTAZN ~ ~S.
BE XT ORDA~NBD BY THE CITY COUBCXL OF THE CITY OF DELRAY
BSAC~, FLORIDA:
S~ON 1. ~at ~e following described pro. thy in
City of ~Iray Beach, Florida, is hereby rezon~ C-2 General Com-
mercial District, as de~tne~ by ~apter 29 of ~e Code of
~noes of the City of Delray Beach, Florida, to wit~
~e Nor~ 150 feet of the following ~rac~ of land,
sa~ la~d being in ~e C~y of Delray Bea~, Florida,
and Section ~8, ~sh~p 46 Sou~, Range 43 Bast, and
Co~en~ at ~he intersection of ~e ~uth ~ght of
Way Line of Delray ~st ~ad (S.R. No. 806) and
West R~ght of ~y line of ~u~vest 20~ Argue as
ri~rded in Official Re~=d ~ok 322, Page 372, Palm
Beach ~ty P~ltc ~or~s for the Point of' Bog~tng
of herein ~scribed ~aot of ~nd~ ~ence in a S~uth-
erly direction along said ~st Right Of way L~ne of
~u~st 20~ Avenue a distance of 458.52 fee~= thence
in a westerly d~rection a~ parallel ~o oa~d ~u~
Of ~lray ~.t ~ad a d~s~ance o~ 899.21 ~eet more or
less ~o a point An ~e ~st Right of way L~e of Lake
~r~ DraYage District ~nal Z-4~ thence in a North-
erly dA~e~Aon along said Ease Righ~ o2 Way Line of
~ke ~=th Drainage. District Canal ~4 a ~io~amce
458.52 feet ~o a point An said Sou~ Righ~ of way
Line of ~IFAy NROt Road~ th~ce in an Easterly
d~rect~on along 8e~d sou~ ~ght of ~y Line of
~lray ~st ~ a distance of 899.55 fee~ more
or loss ~o ~e Point of ~g~ingr said ~rac~.
being in Delray Beach and contain~ng 9.03 acres
S~T~0N 2. ~at ~e flu~ld~ng Official of sa~d C~ty shall
u~n ~e effective da~e of ~S Ordinance ohange ~e "~oning
of ~Zgay Beach, Flogtda 1960", to confo~ wt~h ~he provisions of
~ct~on I
S~ON 3. ~at a perm~sslve use is hereby g~ntod for
the ~u~ 293.52 feet of the aforedesoribed ~ect allo~tng
to be used as a NuFoery.
on ~i~ ~ 13~h day. of May, 1963.
ATTEST:
_/$/ ROBERT D, .WORTHING City Clerk
First Reading AD~tl 22. 1963
O~OIN.~NCE NO. G-485
AN ORDINANCE OF T~E CIT~ COUNCIL OF T~
OI~. OF. DE~Y B~CH, F~0RIDA, A~ING
8~.SEOTIO~ (C)~, SEC~ION 29' ~' 7, C~PTER
29 OF ~ CODE OF ORDiNAN0~ OF ~S OI~
PE~AINING TO BUILDING ~IG~ ~G~TIONS
IN T~ R-3 ~LTIP~ FAMILY D~LING
DISTRICT.
NOW, BE IT O~I~D BY T~ OI~ C0~CIL O~
T~ CI~ OF DE~Y ~CH, F~, AS FO~O~:
.8ection 1. Sub~section (C), Section 29 - 7,
Chapter 29 of the O~e of Ordinances of the City be
and the s~e ia hereby ~ended to reed as follows:
"Sec. 29 -7, R-3 ~ltiple fa~ly dwelling
district.
"(C) BUI~ING ~IG~ ~TION3
."No building shall exceed three stbries or
forty-five (45)~feet in hei~; except that buildings
legated on Ocean front lots ~y. be erected to a
het~ hot~"~eXcee'di~ one .hundred (100) feet provided
the'main'eutside walls of said b~ildi~' in excess of
seventy-five (~75) feet are set back on all sides,
except ~the front, ~oward the center of the building
Ina ~atio of .one f~ot to each foot of heist In
excess of~mfifty (~)~ feet. For the pu~oses' of this
sub~.~ct~ion, 'Buliding Hei'~t' is the vertical di-
men~'~on ~easured from the 'h~eat fi~ished~ ~ade at
~e ~iIding to the~hi~est ~point mol construction."
Section 2. All ordln~ces, er parts thereof,
in co~lict herewith, be, and the s~e are hereby
repealed. ~ ~
PA~ED on second and final reading this ~
day _ , 19631
ATTEST:
...... Ui~y C le~k- -
First Reading:
Second Reading: