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06-10-63 175 JUNE 10, 1963. A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8~00 P.M., with Vice Mayor A1 C. Avery in the Chair, City Manager Robert J. Holland, City Attorney John RoSs Adams, and Co~ncilmen~mory J. Barrow, George Talbot, Jrt, and Oliver Woodard, Jr., being present. Vice Mayor Avery called the meeting to order and said: "Ladies & Gentlemen, we are taught never to embark on any great or important undertaking without first invoking the blessing of ~od. ! will there- fore ask you to rise and call On the Reverend J. William Nabors to lead us in ~rayer." 1. An opening Prayer was delivered by the Reverend J. William Nabors. Vice Mayor Avery stated that it is his persona1 feeling that any- time the 'Chair wishes to discourse on a subject he shoUld first re- linquish the gavel in order to be subject to the same controls as the rest of the Council. Vice Mayor Avery then asked that a Vice Chairman be selected for this meeting. Mr'. Woodard was-unanimously elected to serve as Vice Chairman of this-Council meeting on motion by Mr. Barrow and seconded by Mr. Talbot. Vice Mayor Avery then asked that any debate be limited to three minutes per person with the understanding that there could be an ex- tension of a reasonable length of time if it was felt necessary. 2. The minutes of May 27th, 1963 Council meeting were unanimously approved on motio~ by Mr. woodard and seconded by Mr. Barrow. 3. City Clerk %~rthing read the following letter from Broward Properties of Fort Lauderdale, Florida, dated June 5, 1963, to Mr. Ralph Hughson, ZoningDirector. "As to our conversation on the 3rd of ~une regarding Lots 12, 13, 14, 15, 16, 17, 18 and 19, Block 12, Osceola 'Park,' we · would liketo have your Planning and Zoning Board consider the feasibility of rezoning or extending the business zoned portion of these lots 150' feet to the east or rezoning the entire parcel for apartments. This would then enable us to build a beautiful garden type c~_op apartment on this site, which we believe would be an asset to your fine Community. we will be at your .meeting at 4:00 P.M. on Friday, June 5 to discuss this further with.your Board." Mr. Henry Baerenklau of 2325 N. E. 30th Court, Lighthouse Point, p~mp&~o"B~a~h,Florida, representing said Broward Properties, displayed a picture of said proposed apartment building, and stated that their property was located at the Northeast corner of S. E. 7th Street and Federal Highway, extending East apProximately four hundred fifty feet to the Intracoastal waterway with a frontage of two hundred ten feet on the Federal Highway and the same on the Intracoastal Waterway. Mr. Talbot moved thatthis item be referred to the Planning/Zoning Board for proper action~ a~d further stated that this looked to be a very sound project, something verybeneficial to the City, that said zoning change would not be drastic and the improvement would help Delray Beach. The motion was seconded by Mr. Woodard and carried unanimously. 4. There was no Beautification Committee report. 6-10-63 4a. A roll call showed that the following Civic Organizations and representatives were in attendance. Chamber of Commerce Mr. Kenneth Ellingsworth League of Women Voters Mrs. CharlesCross Business & Professional Women's Club Mrs. Alyce Husa Tropic Isle Civic Association Mr. John Halstead Planning Board . Col. A. L. ~abens Board of Realtors Miss Marie B. Hough 5. City Clerk Worthing said that the Council had recently directed the City Manager to send telegrams to officials of the State, one of which, concerning Ho~se Bill 450, pertains to the Cigarette Tax in- crease. City Clerk Worthing then read letters from Senator Ralph J. Blank, Jr., and Representative Jerry Thomas stating that they were in favor of said House Bill and would give consideration to the re- quest made by the City. 5. City Clerk~Worthing read letters from Mr. Lee Broome, Mayor of the City of Blackshear. Blackshea~, Georgia; from the City Adminis- trator of the City of Ormond Beach, Florida and from Briley, wild & Associates, Consulting Engineers of Dsytona Beach, Florida, concern- ing work done or being done by the Harry Pepper Company. Vice Mayor Avery informed the public that the Contract with the HarryPepDer Company for construction of Lift Stations for the Sewage Project had been signed. 5. Mr. Kenneth Ellingsworth, Manager of the Chamber of Commerce ex- tended an invitation to the Council and to the Public to attend a Chamber of Commerce Coffee Club to be held at 9:3~ A.M., Thursday, June 13th, 1963, at the Lions Club building on S. E. 4th Avenue. Further, that the Engineers and Contractors on the Sanitary Sewer Project wou~'d be present and would give ~nformation as to where the sewer lines would go, cost involved, str~ts that would be torn up, etc. Sa. Mr. Talbot said-that the last meeting scheduled for consideration of the Water ~.?orks Improvement Program had to be postponed and asked that a date be set for said meeting. It was also mentioned that this meeting should be held in-the near future as there may be some ex- penditure that would need to be considered in the 1963-64 Budget~ A Special Meeting for this purpose was agreed upon for Tuesdax, June 25th, 1963 at 8:00 P.M. 5a. Mr. Woodard said that during the past y~~ Menager ~olland had done a very fine job, and that it had come to his attention that Delray Beach is paying their~City Manager $~l,0.0~.O~a year and Boca Raton and Boynton Beach are each paying their ~ty~Manager $.12,500.00 per year. further, that he felt the City Manager of Delray Beach should be paid on the same basis as those two neighboring communities and his salary should be raised to $~2,500.00 for the year. Mr. Talbot said that he agreed with Mr. Woodard but believe~ it should be considered at $ time when there wac a full Council present. The City Clerk was asked to place,this item on t~e Age.s for the meeting or,June 24th, for Council consideration. 5a. Concerning. a memorial of some kind for the late Paul s. Knowles, Mr. Woodard asked the status of this project, and suggested a plaque in the City Park naming said park as the Paul K~owles City Park, or something of that nature, further, suggested that a dedication of some city facility to Mr. KnowleW memory could be made at a 4th of July celebration. It was mentioned that a committee had been.appointed concerning ~his project and it was asked that this item be placed on the Agenda of the June 24th Council meeting and a report from said committee. -2- 6-10-63 §a. Mr. Woodagd reported that the Traffic and Parking Committee ap- pointed recently has been functioning, and stated that one thing the Council may take action on this evening was the proposed parking strip along the North side of the Public Library leased property. City Attorney Adams reminded the Council that there was a rider to the Library Lease giving the City permission to use said North eight feet for parking purposes with the Lessor agreeing to remove any existing landscaping from said area to a location to 'be designated by the Lessee, and that the Lessor will also rearrange the lawn sprinkler system, if necessary, to assure continued satisfactory operation. Mr. Woodard asked that this item be placed on the next agenda with a report from C~tyManager Holland _concerning the cost inv01ved and any specific action that the City Manager may.want. 5a. Mr. Woodard stated that since the Florida Inland Navigation District areas on the Intracoastal 9~aterway are being filled by the dredging that is taking place, it had been discussed that the Federal Goverp~uent would no longer care to retain it's interest in these pieces of Property an~ that perhaps they would be receptive to re- linquishing their claim on these spoil areas to the City, and .that the City.could clean up and beautify same for park areas of some sort. Mr. Avery reminded Mr. ~oodard that he had brought this item to Council attention recently and that the Council had authorized him to work with the City Manager on this projeut and that they are work- ing on same at the present time. Sa. Vice Mayor Avery relinquished the gavel to Vice Chairman ~'oodard and informed the Council that he is concerned with the students, both College and High School, who need jobs. That this presents a critical problem in a con, unity and feels that the Council can very easily, with no extra expense, furnish the leadership and help to assist in the relief of this situation. That he has in mind a Student Employ- ment Counsel, and in checking with the City Manager *finds that the Receptionist at the City Hall coul~ be available for use in this pro- ject. Folbowing further comments. Mr. Avery moved that the City set up a Student Employment.~nd Vacation Authority, for the purpose of receiving applications of students.who reside within the City Limits of Delray ~each who would like employment and are available for vacatio~ trips. It was explained that this would be sort of a clear- ing house for applications, to accept application~, encourage prospec- tive employers to contact the City, advertise and try to assist the~e students in getting jobs and assisting people who would like to have some young people go on vacations with them. The motion was seconded by Mr. Talbot and carried unanimously. 6.a. Regarding a request of the Beach Protective Association concern- ing groins, City Clerk Worthing ~ead the following .letter from said association signed by Herbert H. Moffitt, Chairman, dated May 29th. "The ~each Protective Association consists of all the property owners on the Beach south of the Seagate Club to the south limits of Delray Beach and also the next three preperties not now in the limits of Delray. The Seagate Club has plans to build three groins on its beach that would in our opinion affect the free ~low on sand to the south, we had a meeting With a Mr. Merrill one of the owners of the Club and informed him we would take such action as necessary to pro4~ct our beaches. He pro- mised us he would not take any action before November unless, of course,~omething unforeseen.ehouXd ~ccur. Many of us who are away during the summer months w~ll be back in Delray by November. In the aggregate the properties represented by the members of the Beach Protective Association are many times more valuable than the Seagate Club. As Chairman of ~e Association I am requesting that I be notified i~ the Club should ask the City Council to take any action prior to November." -3- 6-10-63 City Attorney Adams informed the Council that he, together with City Manager Holland and Building official Hughson~had discussed this problem today, and that a few years ago there was a proposed bulkhead line but the Council did not take action establishing same, further, that Mr. Hughson and the City Manager suggest that Mr. ~eorge Frost, the County Engineer,be asked to come to Delray Beach for an evening meeting with the Planning Board and the CoUncil concerning seawalls and groins. Concerning the request of Mr. Herbert Moffitt, President of the Beach Protective Association that he' be notified if any request is received for construction of'groins before November, Mr. Woodard moved that the request be granted, The motion was seconded by Mr. Talbot and unanimously carried. Mr. Talbot then moved that the City Manager be instructed to arrange the suggested meeting of the Council, Planning Board and County Engineer Frost, the' motion being seconded by Mr. Barrow and unanimously carried. 6.b. The City Clerk informed the Council of an Appeal having been entered, pertaining to the Municipal'Court's ruling in the case of Helen Marie Bellingham, and-that it is recommended that the City Attorney be authorized to file briefs in reply thereto, on behalf o~ the City, it being so moved by Mr. '~oodard, seconded by Mr. Barrow and unanimously carri~ed. 6.c. Concerning the cost of opening alleys between East 5th and 6th Avenues from North 8th Street to South 10th Street, City Manager Hoilan~ reDorted that ~he cost of said ~roject; if done on a bid basis is est'imated'to be a round $17,000.00, and if it was done by the City with the 'City absorbing the labor, the cost of material would be approximately $5000~.00. The CityManager further reported that if the Council did at this time authorize this project of alley opening and~p~ving~ the. Work 'wOuld h&~e~to be delayed due to the fact that there are a few blocks in that area Where sewer lines would be laid in the alley ..... Vice Mayor AVery aske~ the City Manager what he recommended, to which City Manager HOlland stated that his recommendation would be te delay the work until the sewer lines have been laid in the alleys and to appropriate $5,000.00 to 9U~chase-materia'l for the project. Mr. Woo~ard moved that th~ City ~nager be instructed to open, grade and pave the 9ropSsed alleyways as soon as the ~ewer grogram is completed and that $5,000.00 be appropriated for said project. City Manager Hollandinformed the CoUncil that there was a need for money to be transferred for this alley project and also some other street and alley improvements, and Mr. woodard withdrew his motion. City Manager Holland reported that there had been improvement and would be more improvement on Several"s~reets, the total cost of which including the alley project, would be approximately $20,000.00 and asked Finance Director Weber to explain Where the money could be ob- tained to cover this cost. -- FinanceDirector weber said that 'the~e-was, in the budget, an ap- propriation for tranefers Of SPecial'A~S~ssmen~sFund of $70,000.00 and that it is proposed'instead of tran~f~rin~,'$?0~000.00 to the SPecial Assessment FUnd~durin~ this fiscai year to transfer $50,0.00.0 instead, 'therefOre leaving $20,000~.00 to be transferr~ed' from Account No. 910-900-9~0~'to ~ccount No~'921. Mr. Weber sa~d that after that transfer, and the~transfers ~that were made during the month of May regarding the c~ty's share o~i~geCial Assessments, ~he=e would be a balance of $7,100.00 for'~he~City's Share of Special~ssessments. Mr. Weber further stated that the account is overdrawn as a result of the N. E. 2'nd Street Drainage Project and that ,when the $50,000.00 is tr'anSferred into tha~ account,there will be $7~,~100~00 credit balance. ' - 4- ~6~1'0- 63 179 Mr. Woodard asked as to the status of.the Sewer Project in regard to these street improvements to whiuh the City Manager answered that some of the streets have.already been improved and that the Sewer Project will only affect the alley improvement and none'of the pro- posed street improvements. Mr. Woodard asked if there was an alternate fund, to which Mr. Weber answered that the alternate fund was the transfer .to the Sm- provement Fund which only had approximately $12,500.00 balance. Mr. ~oodard then moved that $20,000.00 be'transferred from Account No. 910-900-920 to Account No. 910-321-526 for the road projects as outlined by the City Manager.' The motion was seconded by Mr. Talbot and carried unanimously. 6.d. Concerning purchasing steel trusses for use in city building, Vice Mayor Avery relinquished the Chair to Vice Chairman Woodard and informe~ the Council that there were problems in the west Side of town and that it was very obvious that a gymnasium would have to be built in that area~ That it had been anticipated that the money re- ceived from the sale of the beach in Ocean Ridge would be used for this and other purposes but the Auditors had informed the council that said money could not be used as it is unbudgeted funds and goes into the general fund until it is budgeted. Further, that he feels the Council should show some expression of good faith to the people concerned that the Council intends to build the gymnasium if and when the funds are available. Mr. Avery further stated that some steel trusses have been located which were fabricated for a building that was never built, that there are nine eighty foot trusses and five fifty foot trusses with twenty-eight heavy steel columns, and that the architect has informed him that a proper gymnasium facility can be built using this steel. That the City Manager had been asked to get prices on trusses from steel companies and the following prices had been obtained: $9,000.00; $8,203.00 and another amount of a little over $10,000.00. Further, that the City can purchase these trusses for $5,200.00 which would be a true saving.of approximately $5,000.00. Mr. Avery then moved that the City purchase these trusses, as a pledge of Council intention to eventually build a gymnasium at the Westside Recreation Center, for the sum of $5,200.00 and that the money come from the Contingency Fund, the motion being seconded by Mr. Barrow. Mr. Woodard said that it was his understanding that the gymnasium at the Carver High School would be used in conjunction with the West- side Recreation Center, to which City Manager Holland informed Mr. Woodard that the use of said school gymnasium would be for only the three summer months, that the Superintendent of Public Instruction had stated that they WOuld go along with a limited summertime program but not during the school term.- City Manager Holland informed the Council that if said trusses were not used for s Westside Gymnasium, that there were two other places at the shops where they could be used, and recommended that said trusses be purchased. Upon call of roll to purchase the trusses at a price of $5,200.00 Mr. Avery, Mr. Barrow, and Mr. Talbot voted in favor of the motion and Mr. Woodard was opposed. 6.e. City Clerk Worthing read the following letter from the Beach Taxpayers League, Inc., dated June 3rd. "It is, of course, obvious that Delray Beach has been growing prodigiously and that it will continue to growat a rapid rate. This growth puts an increasingly heavy burden upon our Police Department. In fact, it is virtually impossible to be sure of adequate police protection particularly during the Seasonal period. -5- 6-10-63 "The Beach Taxpayers League, Inc. suggests that, in the preparation of the forthcoming budget, an appropriately. increased amount, be allocated to the Police Department for growth and complete coverage. East of the Inland ~?aterway alone there are over 600 owners of real property. With the increased burdens of adequate coverage it is logically ex- tremely difficult, if notimpossible, to adequately protect the interests of all parts of the City with the present com- paratively small force. We earnestly urge that the Police force be increased to meet the needs 6~ our fast growing city. The League, through its. Executive Committee, strongly urges increased protection for the City as a whole." Mr. Talbot said the minutes wOuld reflect that he had been given Council permission to act on a committee with City Manager Holland and Police Chief Croft on this problem, and reported that the City Manager and Police Chief are working on an over-all..reorganization of the Police force in connection with what will be needed in the 1963-64 Budget. That he is not in a position to report further as yet but will do so at the proper time. That in view of this, and with Council permission, he would like for the City Manager to be instructed to answer the letter from the Beach Taxpayers League giving this information, and that he would like for the same information to go to Mr. Rbbertson,Manager of the Manor House and also to the Manager of the Grosvenor House. There were no objections from Councilmen to this suggestion and Vice Mayor Avery instructed the City Manager to take care of same. Mr. Avery stated that since Mr. Talbot is one of the Directors of the Beach Taxpayers League, that he could assure said organization that the Council has taken an interest in their request. 6.f. The City Clerk informed the Council that as is customary in the transfer of property by sale, the ~ller is responsible for furnish- ing a marketable deed for recording purposes and provid~ng proper and legal application of State and Federal Documentary Stamp Tax cost. That this had not been provided when Council approved the sale of Lot 14, Block A, Palm Beach Shore Acres for $60,000.00 and Council author- ization is now requested for providing such necessary Stamp Tax ex- penditure, in the amount of $186.00, upon the deed to the recent purchaser of the 100 foot ocean beach lot. 'Finance Director weber informed the Council that the money to cover said Documentary Stamp Tax cost would come from Account No. 910-732 which is the 100 foot beach account. Mr. Talbot moved that $186.00 be paid from Account No. 910-732 for said Documentary Stamp Tax, the motion being seconded by Mr. Barrow and unanimously carried. 6.g. City Clerk worthing informed the Council ~h~at it being necessary to relocate some utility poles, .now located within the established easements for sewer line installations, Council approval fo$ such costs as may accrue therefrom, is requested in order that the City Manager. m~~. .~. thorize the. Public Service. Companies to'.rel0cate. . such utiI~ty po~es as are found to be w~thin the easements requzred for installation of sewer lines according to the latest construction plans, and that such costs have been determined to be part of the over-all costof'the ~sewage ~brks Project. Mr. Talbot asked ~f it had been ascertained if the Public Utility Companies ,~ould stand that expense, to which City Manager Holland said that ~hey would not. The ap9~ova~ of such costs was unanimous, on motion by Mr. Woodard and Seconded by Mr. Talbot. -6- 6-10-63 181 6.h. Concerning"a committee for the P~urpose of recommending policy on sewer connections, City Manager Hoiland~recommended the appoint- ment of City Attorney John Ross Adams, himself as City Manager, City Clerk R. D. Worthing, Finance Director Thomas E. Weber, City Engineer Mark C. Pleming and Building OfficialRalph.A. Hughson. Mr. Barrow moved for theappointm'ent of said committee, the motion being seconded by Mr. Wo'odard. Mr. Woodard asked if this committee WOuld de~ermine the'time limit involved for an individual to hook up to the laterall lines. City Manager HOlland said that this committee would consider connection charges, the basis that it would operate on, the time involved, etc. During discussion, City Attorney Adams said that there is a mandatory requirement that everyone hook up to the lateral lines, that there are several different procedures that have been followed throughout the State as'an incentive to have people hook up, and this committee would study and make recommendation concerning same. Upon call of roll, the motion carried unanimously. 7.a. City Clerk Worthing informed the'Council of a proposal of Mr. Richard L. Totterdale, on behalf of Mr. Frank DeRice, concerning possible disposition of portions of the yacht basin immediately North of Casuarina Road and East of Block K, John B. Reid's Village, further, that it is recommended this proposal be referred to the City Manager and City Attorney for their review and submission to Council of a recommendation thereon at such time as their complete review and' research of all relating facts'will permit, it being so moved by Mr. Barrow and seconded by Mr. Talbot. Mr. Richard Totterdale informed the Council.that time was of the essence in this request, that Mr. DeRice'had gone to the experts9 of having a title search made by the Palm Beach Abstract and Title Co., who have determined the extent of his title, which Mr. Totterdale explained to Council. Vice Mayor Avery asked, that since said request was not read, copy of same be made available to the press and public for their examin- ation. City Attorney Adams informed the Council that a title search is being made of this area by the Atlantic Title Company, whichpermis- sion had been granted by the Council. Upon call of roll to refer this proposal to the City Manager and City Attorney, the motio~ carried unanimously. 7.b. The Council was reminded that they recently endorsed the desire of the City of Boca Raton that acquisition and preservation of Sabal Point and the Boca Raton Inlet be provided by County, State or Federal assistance, and so advised appropriate governmental agencies. City Clerk $~orthing informed the Council that a letter had been received from Governor Bryant saying that this had been forwarded to the Chairman of his Recreational Development Committee with the request that this project be given every consideration. The City Clerk then read the following letter from Mr. Randolph Hodges, Director of the Florida Board of Conservation, dated May 28, 1963. "Governor Bryant has referred to me your letter of May 23 advising of endorsement by the Delray Beach City Council of the proposed acquisition and preservation of Sabal Point and Boca Raton Inlet. I am sympathetic to this proposal. For your information, the Governor's.Outdoor Recreation Program is designed to acquire and preserve for public use recreational areas such as Sabal Point and Boca Raton Inlet. However, the recreational program will bog down unless the Legislature pro- vides a means of financing it. There is pending in the Finance and Taxation Committee a bill which would impose a five percent excise tax on certain items of outdoor recreation. Revenue from this tax would be the primary financial bulwark of the Outdoor Recreation Program. -7- 6-10-63 "It would be most helpful if the Delray BeachCity Council were to wire Representative James Sweeney, Chairman of the Finance and Taxation Committee of the House, endorsing this proposed tax levy." City Clerk Worthing then read the following letter from City Manager Wm. H. Lamb of Boca Raton as a result of their being in- formed of Mr. Hodges' letter. "This will acknowledge receipt of your letter dated May 31st, 1963, concerning the endorsement of the Sabal Point Resolution by the City of Delray Beach. The Boca Raton City Commissioners wish to thank you for supporting the Resolution, and trust you have sent the appropriate reply in regard to the letter from Randolph Hodges of the Florida Board of Conservation." Vice Mayor Avery said that according to the paper, the State Legislature had already acted on this item, therefore there ~s no action indicated. 8.a. City 'Clerk ~,7orthing read RESOLUTION NO. 1452. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTIMATE OF COST TO GRADE AND PAVE THAT PART OF NORTHWEST TWELFTH AVENUE LYING BET~EN ATLANTIC AVENUE AND NORTHWEST SECOND STREET. %~EREAS, the City Council of the City of Delray Beach, Florida, may deem it to be necessary for the safety and convenience of the public to grade and pave that part of Northwest Twelfth Avenue lying between Atlantic Avenue and Northwest Second Street to a width of twenty four (24) feet, the City of Delray Beach, Palm Beach County, Florida, to share in the cost of such improvement with the owners of lands abutting thereon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Palm Beach County, Florida as follows: SECTION 1. That the City Manager be required to submit plans, specifications and an estimate of the cost of such improvement to be made, and that the same shallbe placed on file in the office of the City Manager~ PASSED AND ADOPTED by the City Council of the City of Delray - Beach, Florida on this the 10th day of June, 1963. Resolution No. 1452 was unanimously passed and adopted on motion by Mr. Talbot and seconded by Mr. Barrow. 8.b. City Clerk worthing read RESOLUTION NO. 1453. A RESOLUTION OF THE CITY COUNCIL OF THE cITY OF DELRAY BEACH, FLORIDA, ORDERING THE GRADING AND PAVING OE THAT PART OF NO~TH~;~ST TWELFTH AVENUE LYING BET~EN ATLANTIC AVENUE AND NORTH- %.EST SECOND 'STREET TO a 'WIDTH OF TWENTY FOUR (24) FEET. (Copy of Resolution No. 1453 is attached to and made a part of the official copy of these minutes.) (See Psges 188-A th~u 188-G) Resolution. No. 1453 was unanimously passed and adopted on motion by Mr. Talbot and seconded by Mr. Woodard. -8- 6-10-63 8.c. City Clerk Worthing read RESOLUTION NO. 1454. A RESOLUTION OF THE CITY' OF DELRAY BEACH, FLORIDA, RATIFYING AND APPROVING THE SALE OF CERTAIN REAL PROPERTY. ~{EREAS, the City of DelraY Beach, pursuant to section 7 of' the City Charter is authorized to sell real property under conditions specified in said section, and W/~REAS, it has been determined that said conditions have been complied with, MOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the sale of real property conducted on Monday, May 27, 1963, in which the City sold the hereinafter described pro- perty to Katharine U. Rex, Howard T. Rex, Jr. and Richard U. Rex, as joint tenants with the right of survivorship, be, and the same is ratified and confirmed in all respects. Section 2. That said parcel is located in the Town of Ocean Ridge, Palm Beach County, Florida, and is more particularly de- scribed as follows: Lot 14, Block "A'°, PALM BEACH SHORE ACRES (Ocean Boulevard Estates), according to plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 7, page iS. Subject to taxes subsequent to the year 1962 and further subject to restrictions, reser- vations and easements of record, and subject. to the right-of-way of State Road AIA. TOGETHER with all the tenements, hereditaments and appurtenances, with every privilege, right, title, interest and estate~, reversion, remainder and easement thereto belonging or inany wise appertaining. pASSED AND ADOPTED this 10th day of June, 1963. Resolution No. 1454 was unanimously passed and adopted on motion by Mr. ~Dodard and seconded by Mr. Barrow. 8.d. City Clerk Worthing informed the Council that Ordinance No. G-485 had been placed on first reading on May 13th and had been legally advertised and second and final readingscheduled for this evening, following a public hearing thereon. However, as a result of a joint meeting between Council and the Planning Board, held last Friday, the pleasure of the Council concerning this proposed ordinance is requested, following which he would submit a Planning Board Report. oNDiNAN= N©. G-485. AN O I ANCE oF city co ci ' CITY OF DELRAY BEACH, FLORIDA, AMENDING SUB-SECTION (C), SECTION 29-7, CHAPTER 29 OF THE CODE OF ORDINANCES OF THIS CITY PERTAINING TO BUILDING HEIGHT RE- GULATIONS IN THE R-3 MULTIPLE FAMILY DWELLING DISTRICT. (Copy of Ordinance No. G-485 is attached to and made a part of the official copy of these minutes.) -9- 6-10-63 Mr. Barrow moved that Ordinance No. G-485 be tabled, the motion being seconded by Mr. Woodard and unanimously carried. City Clerk Worthing then read the following Planning B~ard Report dated J%~le 10, 1963. "Re: Joint meeting of City Council and Planning Board pertain- ing to building heights in R-3 Zones. After discussion, Mr. Kabler moved 'In order to meet and re- cognize the concern of the citizens of Delray Beach, a~ ora/- nance be drawn and submitted to Council, whi~h will eliminate all Hi-Hise apartments in R-3 zoned areas, excep~ ocean front lots and intracoastal waterway front lots, and further that, the building heights limitation be clarified'. This motion was unanimous. The Planning Board will have this ordinance proposal ready at the next regular Council meeting." 8.e. City Clerk ~rthing read ORDINANCE NO. G-489. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 67, DELRAY BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIG~ TIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. G-489 is attaohed to and made a part of the official copy of these minutes.) (See Page 188-D) There being no objection to Ordinance No. G-489, said ordinance was unanimously passed and adopted on this second and final reading on motion byMr. Woodard and seconded by Mr. Talbot. 9. City Clerk Worthing read the following letter from the Tropic Isle Civic Association recently written to the Planning/Zoning Board. "It has been noted that, in some cases, the set-back lines in the Zoning Code for the City of Delray Beach, are somewhat less than those specified in the Reservations and Covenants of the four sections of Tropic Isle Sub-division. The Tropic Isle Civic Association, Inc. respectfully requests that, in those cases where the Zoning Code specifies set-back lines less than those in the Reservations and Covenants of the Tropic Isle Sub-division, the former be amended to conform'to the latter, insofar as they apply to Tropic Isle. It is further requested that the terms 'Building' and 'Struc- ture' as defined in the Zoning Code be interpreted to include screened enclosures for patios and swimming pools. The above suggestions are made for two reasons. First, to maintain the high standards in a very desirable residential section; and secondly, to create specific standards for water- front property. It is felt that the Zoning Code lacks specific restrictions for waterfront property. Your cooperation in adopting the above recommendations will be greatly appreciated by the residents and property owners of Tropic Isle. In addition, such changes will accrue to the -10- 6~10-63 mutual benefit of all residents and officials of the .City of Delray Beach who are striving to continue to maintain the C~ty as one of the most desirable residential areas in the State of Florida." 'City Clerk Worthing then read the following letter from the Planning Board to the City Council, dated June lOtho 1963. "Re= Setbacks on waterfront lots. A letter was received from the Tropic Isle Civic Association, requesting a clarification as t9 the setbacks on waterfront 10ts in Tropic Isle. A subcommittee was appointed to make a-study for' ~he Planning Board. The following recommendation was made and this action was approved: The Planning Board recommends that the .setbacks on all waterfront lots in all R-lA, R-1AA and R-1AAA in the Clty, be established by ordinance as 25', from front and rear lot lines." Upon question by Mr. Avery as to what action is indicated by the Council,'City Clerk Worthing said that if Council approved of this Planning Board recommendation it should direct that an Ordinance be prepared to so provide, it being so moved by Mr. Woodard. The motion was seconded by Mr. Talbot and carried unanimously. g. COncerning, a request for re~ning submitted by Mr. Hugh W. Vogl, the City Clerk read the following Planning Board Report dated June 10th, 1963. "A public hea=ing was'held.o~ June ~, 1963 to consider the rezoning of, that part of the w~ of Lot 19, Section 8, Town- ship 46 S, Range 43 E, lying South of existing right-of-way of Lake Ida Road~ except the South. 150' thereof, from R-1AA to C-2. The Planning Board recommends that the request be granted, subject to the following restrictions: 1. That no residences or duplex be erected on this property. 2. That any and all plans or proposals, or intended use have the approval of the.Planning Board and City Council. 3. That these conditions be exercised within a period of two years, and if no development is started at the end of this time, the parcel of land in question will revert to R-1AA zoning. The p~titio~er indicated that he would accept this recommendation~ Mr. Talbot moved that the request be approved and that the proper legal inStrUment for recording be prepared. The motion was seconded by Mr. Barrow and carried unanimously. 9. City Clerk Worthing said that on March 25th, 1963 the Council re- quested the Planning Board to consi'der and comment u~n access to Lake Ida Road from the South. The following is the 'P~anning Board Report dated June 10, 1963. -11-. "Re: Request'to extend N. W. 5th Avenue across-CitY Property to Lake Ida Road. The Report is as follows: 'The Committee appointed tomake recommendations on the N. W. 5th Avenue Connection with Lake Ida Road'~ report as follows: 1. Recommend that N. W. 4th Street (which runs east and west from Swinton Avenue to Lake Ida Road), be cut through and joined with N. W. 4th Street which runs west to N. w. 8th Avenue. 2. That the alley running between N. W. 6th Avenue and N. W. 8th Avenue be paved and that N. W. 6th Avenue and N. W. 8th Avenue be paved and extended northward to connect with this alley. 3. That N. W. 3rd Street be paved and extended froTM N. W. 8th Avenue west to 14th or 15th Avenue thus creating an evacuation route for this area.. Map showing streets to be paved in red attached.' The Planning Board suggests that this report be accepted by the Council." The City Clerk reported that it was suggested that this matter be referred to the City Manager for his review and recommendation back to Council for the next regular meeting, it being so moved by Mr. Talbot. The motion was Seconded by Mr. woodard and unanimously carried. 10. City Manager Holland informed the Council that he had a request that he would like Council action on tonight, that being that the City Manager be instructed to instruct the Finance Director to place in the 1963-64 Budget the %ransfer of the $60,000.00 from the sale of the 100 foot beach, from the General Fund to the Beach Disaster Im- provement Fund, it being so moved by Mr. ¥,oodard. The motion was seconded by Mr. Barrow and carried unanimously. 10.a. A bill from City Attorney Adams in the amount of $75.00 for services rendered in the purchase of lots, adjacent to 'the City nursery was presented. Bills for approval were presented as follows: General ~und $ 41,675.57 Water Fund-Operating Fund 11,897.97 Ail bills were unanimously ordered paid on motion by Mr. ~odard and seconded by Mr. Talbot. The meeting was adjourned at 9:20 P.M. by order of Vice Mayor Avery. R~ D. ~ORTHING City Clerk APPROVED= MAYOR -12- 6-10-63 188-~ RESOLUTXON NO. 1453. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE GRADING AND PAVING OF THAT PART OF NORTH~.~ST TWELFTH AVENUE LY/NG BETWEEN ATLANTIC AVENUE AND NORT~- ~ST SECOND STREET TO A WIDTH OF TWENTY FOUR (24) FEET. ~4EREAS, the City Council of the City of Delray Beach, Florida, did, on the 10th day of June, 1963, adopt ResolBtion No. 1452, ordering the City Manager to prepare plans and speCifica- tions, together with estimate of cost of grading and paving of that part of Northwest Twelfth Avenue lying between Atlantic Ave- nue and Northwest Second Street to a width of twenty-four (24) feet, and requiring said plans, specifications and estim~t~ of Cost of such improvement to be placed on file in the off~oe of the City Manager, and ~{EREAS, the City Council deems it to be necessary for the safety and convenience of the public to grade and pave said street, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that it is determined to make the following described improvement, to,wit: To grade and pave that part of Northwest Twelfth Avenue lying between Atlantic Avenue and Northwest Second Street'to a width of twenty-four (24) feet, the total cost, as estimated, for such improvement being $7,300.00. BE IT FURTHER RESOLVED that the entire cost of such im- provement shall be shared by the City of Delray Beach, Florida, and the following described properties in Delray Beach, Palm BeaCh County, Florida, on a basis.of the City of Delray Seach Paying ten (10) per cent of the cost of said improvement and the abutting property owners, said properties shown below, paying ninety (90) per cent of said total coat, by Special Assessment. SUBD~V~ION ~,c~ LOT Atlantic Park Gardens -1 11 ...... 1 22 ...... 1 23 ...... 1 24 ...... 1 27 ...... 1 28 ...... 1 29 Section 17-46-43 E½ of SE~ of Lot 2 less N 50' of S 200' of E 150' & less W 50' of E 224.73' of S 125' & Less East and South 25' rights- of-way. 'Section 17-46-43 N 50' of S 200' of E 150' of Lot 2. 188-B Page 2 of Resolution No. 14§S. SU~.D..XVZ SZON BL,OCK LOT Fairla~ 2 9 Section 17~46-43 N 125' of ~% of ~t 2 less W 572.28~ a less N a E 25' rights-of-way. Pine ~est 1 1 & 2 '" " 1 3 & 4 .... 1 6 Section 17-46-43 (Maggie Rolle) N 80' of W 150' of of ~t 6; ........ W 1~5' of S% of Less N 80' a less.S 200' ' ....... N 50' of S 200~ of W 135' of S% of N% of ........ N 50' of S 150' of W '150' of S~ of N~ of ~t ........ N 50' of S 100' of W 175' of S% of N% of Lot 6 less ........ S 50~ of ~' 135' of S~ of N% of Lot 6. ~IDDEN 4 1 ATOMIC PI~S I 25 .... 1 26 & 27 .... 1 28 .... 1 29 .... 1 30, 31 & 32 .... 1 33 .... 1 34 .... 1 35 .... 1 said benefit2 to be determine~ and Prorated according to the front footage of the respective properties as set forth i~ediately above. BE IT ~T~R RESOLVED that said special assessments against all the parcels of land as set for~ above which are 'specially benefit- ed, shall be and remain liens superior in dignity to all other liens, except liens for taxes, until paid, from the da~e of the assessment upon the respective lots and parcels of land assessed, and which shall bear interest at the rate of eight (8) per cent per ann~, an5 which may be paid in ~ree (3) equal yearly installments with ac- crued interest on all deferred' pa~ents. Pa~ent shall be made at the same place that taxes payable to the City of ~lray Beach, Florida, are paid, namely the office of the City Tax Collector, upon failure of any property o~er to pay the annual installment due, or any annual interest upon deferred pa~ents, ~he City Del:ray Beach may bring'necessary legal proceedings by a Bill in ~cery to enforce pa~ent thereof with all accrued interest, to- gerber wi~, all legal costs incurred, including a reasonable at- torney's fee: ~e total amount of any lien may be paid in full at any time with interest from the date of assessment. 188-0 Page 3 of Resolution No. 1453. IT IS ORDERED that the City Council shall sit at the City Hall in the City of Delray Beach, Florida, at 8:00 P.M., on the 24th of June, 1963, for the purpose of hearing objections, if any, on said proposed improvement, as set forth above. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 10th day of June, 1963. .... ~/WALTEE DIaZ MAYOR ATTEST: /~/ ROBERT,D, W0RTHING City Clerk . 188-0 ORDINANCE NO. G-489, AN ORDINanCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELBAY BEACH CERTAIN LAND, NAMELY LOT 67, DELRAY BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY~ P. EDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDING FOR TH~ RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, LOUISE MAYFIELD is the fee simple owner of the property hereinafter described, and WHEREAS, the said LOUISE MAYFIELD, by her Petition, has consented and given permission for the annexation of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, THEREFORE, BE IT ORDAINED BY T~E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described ~ract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: That tract of land, namely Lot 67, Delray Beach Shores, per Plat Book 23, Page 167, as appearing in the Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries .of.the City of De,ray Beach, Florida, are hereby redefined so as to include therein the above de- scribed tract of land, and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R-~AA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall.im- mediately become subject to all of the franchises, privileges, im- munities, debts (except the existiwgbonded indebtedness), obliga- tions, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. S~CTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a court of com- petent jurisdiction, such record of illegality shall in no way affect the remaining portion. Passed in regular session on the second and final reading on this the 10th day of June, 1963. ATTES¥: ,, · /S/ W* TER D ETZ M A Y O /S/ ROBERT D. WORTHING City Clerk First Reading M~W 2?. 1963 Second Reading MaT 10~ 1963 OZg 69~ 188 E June 10, 11, 12th, 1963 THE BOARD OF EQUALIZATION for the City of Delray Beach, Palm ~$$~ County, Florida, convened on Monday, June 10th, ~95~ in th~Uncil Chambers at the City Hall in compliance with~$$G~ tion ~6i~rticle xvI of the City Charter, following local new$~ paper ~blic Notices of such Annual Meeting to be held haV~g been ~evided in accordance with Charter provisioncontaine~n said ~eii!on 86. An opening prayer was delivered by City Clerk R. D. WorthSng. Mayor Dietz being absent, Vice Mayor Avery acted ~ Chairman at The Board of Equalization Meeting. Mr. Fred A. Beaver, owner of Lot 3 & the N~ of Lo~ ~, Block 76, in Delray Beach, appeared before the Board reques$i~g an adJ~sSment in the assessed valuation of his property, d~ $0 a rece~ Sale of same for an amount less than the present ~sessed valuat~, Following general discussion and review of the property valuation, as well as its age and construction, on motion of Mr. Woodard, seconded by Mr. Barrow, the Board unanimously approved affecting an adjustment of said property to ~eflect an assessed valuation to be based upon the County's 100% appraised valuation thereof. Mr. Ray Bonnell, of Bonnell Realty Company, appeared before the Boardconcerning the assessed valuation of Lots 11 thru 25 inclusive togethe~ with Lots 28, 29 & ~30, in Carver Square, in view of said lands not being able to be improved upon due to said tract having been used as a land-fill area, and cost.of PILING would be too g~eat.. During general discussion thereon the Tax Assessor ex- plained that said lands are only assessed on a front foot value of ~3.00 due to the circumstances of the general'area which will be subject to normal valuation of $15.00 per front foot at such time as the lands become improved upon. 'Further, explaining that there is no intended assessment for the street improvement recently pro- vided adjacent to these lands, the request of Mr. Bonnell for ad- ditional adjustment was withdrawn and so accepted by the Board~ There being no other requests t° appear before the Board Of Equalization today Mr. Talbot moved that this meeting be ad- Journed until 10~30 A.M. Wednesday, June 12th~ The Motion was seconded by Mr~ Barrow and carried unanimously. At 10~30 A,M., Wednesday, June 12, 1963, Board of Equal- ization Chairman A1 C. ~very announced that the meeting of~said Board which was adjourned on Monday is reconvened. An opening prayer 'was delivered by City Clerk 'R. D. Worthing. Mrs. Jean Barker, owner of Lots i & 2, Block 8, Rosemont Park, appeared before the Board objecting to the present, assessed valuation of her property~ as the house is more. than fifty years old, having been moved from outside the City to its present loca- tion in 1952, and that the'property liss in the Southwest section of ~own and in the vicinity of the City Cemetery. Tax Assessor R. D. Worthing explained that the 1963 assessment on said property was $1,250.00 on land & $6,'~0~.00 on bldg making a total assessment ef $7,700.'00~which was a reduction in building valuation from the 1962 assessed valuation and that this reduction was as a result of added depreciation on the building, but that he had. not been made aware of the true age of~the' building. · Mrs..Barker referred to a house in her vicinity that was built in 1957 and carries an assessed valuation of $5,P%0.00o · 188 F Mr. Talbot moved to direct the Tax Assessor to reappraise Mrs. Barkerts property, taking into consideration the age and comparing it with this property that she cited for comparison, and direct the Tax Assessor to make her taxes equitable. The motion was seconded by Mm. Barrow and carried unanimously. The adjustment of assessed valuation on Mrs. Barkerts house resulted in the 1963 assessed valuation on the building being $5,502.00, the land remained the same at $1,250~00, making a total of $6,600.00. Attorney John Moore, appeared in behalf of Mr. & Mrs. George D. Cornell, owners of the SW~ of Lot 9, less rights-of-way, Section 8'46-43 and informed the Council that according to a com- parison of properties in that vicinity the Cornell house was as- sessed at a higher rate per square foot construction cost than the other properties, further, that he felt the land was also assessed too high. Chairman Avery asked ~hy the $10574 per square foot cost was applied to the Oornell property when Dr. Robinsons property was $8.73 and others in the area at $7.40 and $7.49, to which Tax As- sesso~ Worthing informed-the Board that it was determined to be of that reproduction cost value per square foot by the appraisers, and whose submitted appPaisal was approved and accepted by Council, Chairman Avery, further stated that Mr. Thomas Woolbright, a General Contractor, takes care of the COrnell property and c~n- siders it to be on a comparable basis with the other houses that Mrs. Cornell made a comparison of. ~. Woodard moved, that after insPection and certification by a qualified Contractor, namely, Mr. Thomas E. Woolbright, that the~construction cost basis be comparable between the homes of Mrs~ Cornell, Mm. Dubois, Dr, Robinson, and Mr. Sanderson. The motion was seconded by Mr. Barrow and carried unanimously. The inspection~and certification by Mr. Woolbright that these four properties were comparable in construction resulted in the figure of $10.71 per square foot construction cost, for tax assessment'purposes. Attorney Moore informed the Council that he thought the land value of the Cornell property was too high as it was assessed at the same front foot figure £or a five acre~tract of land that' ordinary size lots were assessed. The Tax Assessor explained that the depth of the five acre tract of land favored the property owner concerning the assessment thereof onthe $35.00 front foot assess~ ~nt~ Following lengthy disbussion, Mr. ~oodard moved to accept the Tax Assessors~ valuation placed on said land for the 1963 Tax Roll, the motion being seconded by Mr. Talbot. Upon call of roll ~ Barrow, Mr. Talbot and Mr. Woodard voted~in favor of the motion and Mr. Avery was opposed. The land value on said Cornell property for the 1963 Tax o t o ~ R 11 is in the amoun f ~21,~0.00, %he building value in the a- mount of $2~,907.00, making a to%al value of $~6,300.00 for the 1963 Tax Roll. The Board of Adjustment adjourned at 11:25 A.M. on June 12, 1963 ~ith the understanding thst if any other comp. taints were presented before 5:00 P.M. that said Baord would reconvene to here said complaints. City ~le~k-