Loading...
09-23-63 :877 SEPTEMBER 23, 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 Councilmen A1 C. Avery, E~ory J. Barrow, George Talbot, Jr., and Oliver W~ Woodard, Jr., being present. 1. An opening prayer was delivered by the Rev. Marvin Sweat, Jro 2. Concerning the minutes of the regular meeting of September 9th, Mayor Dietz said that the ninth word on page 18 of said minutes should read ~should~ instead of Jcouldj. Upon motion of Mr. Woodard and seconded by Mr. Avery, the minutes of the regular meeting of September 9th and special meeting of Septem- ber llth, were unanimously approved as corrected. 3. Mayor Dietz introduced County Commissioner George V. Warren who p~esented to the Council a che=k in'the amount of $8,265.78 which represents the Delray Beach share of the General Road and Bridge Fund from the 1962 County tax roll collections. 3. Mr. John Thayer, 1026 Vista Del Mar Drive, speaking as secre- tary of the Beach Taxpayers League addressed the Council and commented as follows= "While I am briefly speaking, as secretary of the Beach Taxpayers League, I am also speaking as just a plain citizen who is, as the League is, deeply interested in the great sewage problem in which the City is'engaged. Although the properties Bast of the Inland waterway pay about one fifth of the City's taxes and therefore certainly should receive the attention of the City Council, the matter, which I briefly state, is of utmost importance to all of the people of Delray Beach. What is good for the City is good for the League, and the League knows that. As we all know, the pop- ulation of Delray Beach, at least ordinarily, doubles during the season from November or December until May.' This enormous in- crease provides great income for retail establishmdntsl real estate sales and rentals and all business. These months are the real background of our economy. It is well known, of course, that presently this City is in terrible physical condition. The streets are torn up and many places if not inaccessible are close to it. It is my duty, as seuretary of the Beach Taxpayers League, to notify members of important things which go on in'City affairs. I must write to them at once regarding conditions and it is hoped that I will be able to tell them the City will'prepare its sewage program in such a manner that the work on the sewer system will cease during the season Bast of the Waterway and that the area will be put in order for a banner season. What can I tell them as their secretary? Can I tell them that the territory will be in order during the season, that work in that area, as well as other important areas, will cease or will be modified? Like everyone else I am well aware of the enormity of the sewage pro- ject, however, this fast growing City is still primarily a great winter resort and much of our economy depends upon it. I be- seech you gentlemen, to so arrange your program that Delray Beach from December or earlier until May will enjoy a banner season. I am sure that you agree that present conditions are horrible and that time is getting short. Gentlemen, what can I promise that you will do to insure a great season and thereby help the City immeasurably?" Mr. Talbot said that the Council is aware of the conditions con- cerning sanitary sewer installation and ar® working on it. That thare have been arrangements made whereby Mr. Frank wenger and Mr. Frank Osteen of Russell & Axon will be in Delray Beach on Friday, September 27th and that a tour of the entire City will be made by the Council and the representatives of Russell & Axon to see what can be done and how soon it can be done, insofar as putting the streets of the City in shape, not only on the Beach side but wherever it might affect tourism, from the months of November to May. That nothing can be pro- mised at this time, but from phone conversations, Mr. Russell and Mr. Osteen of Russell & Axon recognize the condition of the sewer work in Delray Beach and that is the reason the tour of the City is scheduled for Friday. Purther, ~lat a meeting with the contractors has been scheduled for Saturday, September 28th. Mr. Talbot assured Mr. Thayer and the public that the Council realizes how drastic the sitUation is and that it must be corrected, and that where streets are not useable, they will be made useable. 3. Mr. Charles ~wnn of the Jaycees reminded the Council that they had approved a request for the Jaycees to sponsor a circus in Delray Beach on the 30th of .September and that the Jaycees would now like approval for a change in the previously scheduled date to the 22nd of November. Mr. Avery moved that said request be granted, the motion being seconded by Mr. Woodard and unanimously carried. 3. Mayor Dietz congratulated Mr. Paul Ledridge as the new Pre- sident of the Delray Beach Chamber of Commerce and wished him a very successful and cooperative year. 3. Mrs.-Esther Powe11 of S. E. 5thAvenue requested that the City Clerk read a letter from Mrs. Dorothy Rucquoi, 17 Laing Street, ~elray Beach, that she had presented today to the Mayor and Council. Mr. Worthing read said letter as follows= "On August ~Pth, I, Dorothy Rucquoi of 17 Laing Street wrote to the City Manager requesting the following: a. Remova'l of a hedge on the corner of Laing and Sandpiper Lane (the Northeast cornier]. This hedge has already been the cause of an accident (May 'i'963) ~nd is a definite hazard for cars and bicycles~ b. Improvement of the pavement of Sandpiper Lane, which is in a very poorcondition~ c. Clarification of the street sign indicating Sandpiper Lane. This sign is completely covered with weeds. On-August 22nd I received an answer fro~ the safety Engineer, Mr. Joyal. He-told me that the citywas aware of the prevailing situation, he enclosed a copy of a letter, written July 9th, to the owner of said hedge, pointing out to the o~rner the excessive height and hazardous condition of the hedge. He had been unable to contact the owner, but Mr. Joyal assured me that the city would go ahead and have ~the situation placed in conformity with Ordi- nance ~-390m. I gratefully acknowledged this letter on August 26th. But nothing has been done. So Honorable Mayor Dtetz and Members of the Council I should like to know what action will be taken and when." The City Clerk .reported that Mr. Joyal had written to the owner of the property requesting elimination of the hazard due to the height of hedge and had not 'received a reply on account of the property owner being in the hospital, also that a letter is being prepared to be mailed tomorrow, giving the property owner u~til November 1st to eliminate said hazard or that the City woul~ eliminate said' hazard and assess the cost thereof against the property. Purther, that the City Manager and City Engineer are aware of the condition of Sandpiper Lane ,-2- 9/23/63 879 and plan to improve said street after October first. During discussion,~City'Attorney,Adams said that if the~City is on notice of a dangerous condition that the hazard should.be eliminated in accordance with ordinance requirements. Mr. Avery moved that the City Manager be instructed tO cut the shrubbery to the conforming regulation,,height-taking care not to butcher it. The motion waesecondedbyMr, Woodard and.carried un- animously. 3. Mrs.,. Libby Harris of Ocean R~dge, representing the Republican Women's Club of Delray Beech, read the:following-,Proclamation: "WHEREAS, theW omen's Republican Club ofDelray Beach, in con- junction with the Clubs, Businesses, and Citizens wishes to honor the'United states, those' who have loved and'.:served he~, an~ to' bring,to light those who would %arm.her. from.within ~nd.without, I, Walter Dietz, Mayor of Delray Beach, Florida, decla=~October 23, 1963, United States Day." Mrs. Harris said that their club ~o. uld like to invite other clubs in the area to celebrate United States Day together and would like the use of the Community Center on October 23rd, 1963 for that purpose. Mr. Avery moved that the request for use of the Community Center on October 23rd be granted, the motion being seconded by Mr. Barrow and unanimously carried. Mayor Dietz said that he would make a Proclamation declaring October 23rd as United States Day. 3. Mr. Augustine Brousseau, 717 N. E. let Street, informed the souncil that he had called the City Hall in the middle of Ju!y ~o find out when the sewer line would be laid at N. E. let Street and the Engineer that he talked to said.he thought it would be laid within two or three weeks. That he had called and .talked to an engineer last week asking againwhen said sewer line would be laid and was again informed that it would be f~nished within a week or t~o, days, Mr, Brousseau said that he would like to~-know if that~.:st=e~.,was going to be torn up during the season or finished before that time. Mr. Talbot said that the work schedule of the contractors.has to be approved ~by the.:Counc~,land he .is sure they will not approve start- ing construction of-a sewer .line ,in front of apartments so close to the tourist season. Mr. Brousseau asked if it was possible to get a street light some- where between N. E. 7th Avenue and the City Park on First Street. Mayor Dietz .said that he felt that was an~administrative item and, the Council was informed that there was a pole .at the prope= location. Following discussion, Mr. Avery moved that the City Manager be directed to make the proper study a~d get a light at the proper place on N. E. let Street between 7th Avenue and the canal. The motion was seconded by Mr. Woodard and carried unanimously. 4. There was no Beautification Committee report. Mayor Dietzreported that the committee had done an excellent job on the beautification.of the boat ramp. area at S. E. 10th.Street and the Intracoastal Waterway. 4.a. A roll call showed that the following Civic Organizations and representatives were in attendance~ . Chamber of Commerce ' Mr. Kenneth, Ellingsworth Board of Realtors. Mr. Paul-Ledridge Jaycees Mr. Charles Gw~nn Breezy Ridge Estates Mr. John Sword Women's Club Mrs. L. E. Buel League of ~omen Voters Mrs.. Frank Carey Be&ch Taxpayers League Mr. John Thayer Business & Professional Women's Miss Dorothea Galvin Club Tropic Isle Civic Association Mr. John Halstead -3- 9/23/63 38O 5.a. Concerning maintenance of Finger Canals, Mr. Woodard, being a member of the com~ittee appointed to investigate, same,, asked that the City Clerk-read a letter to .the Council 'from the City Attorney, dated September 20th, as follows~ · "Re ~ Maintenance, of Finger CanalS~: As you wtll recall, you appointed a committee to investigate the problem of maintenance of finger canals which are located in the City. The cc~matttee consists of the City Manager, the City Clerk, Councilman Woodard, Mr. J. H. Scheifley and Mr. Henry Crowley of the Tropic Isle Improvement Association. I have been attending the committee meetings in the capacity of legal advisor. F011owing ,the last meeting, at the request of the committee, I wrote Mr. Gordon T. Butler, Secretary and Mr. Ralph Marsicano, legal counsel, both of the Florida League of Munici- palities. ! received ~replfes from both of these gentlemen and have forwarded them to the committee which I imagine will meet again in the very near future. Mr. Marsicano more or less agreed with my legal opinions and only questioned whether or not the City had the right to maintain the canals w~thout ,express legislative authority. As a result of my inquiry, I was contacted by the City Attorney of Hollywood, today, suggesting that I attend the annual meeting of the Florida League of, Municipalities ~OC~ober 27 through 29, in Tampa. He informed me that on the 28th one of the topics for discussion was the 'Municipalities Responsibility in Connection With 'the Maintenance of 'Finger Canals', which problem is evidently Pl.aguing cities throughout-the State. This .discussion is sched- uled fora two hour per4'od~and-Pin, ce most of the CityAttorneys in this State will be present, T believe that it would.,be of benefit to the City if'I~ "could attend the annual meeting. -I was asked to participate in the 'dis~useion ~oup and informed the Hollywood City Attorney that I.' would be happy to contribute in any ,way. I--could..~ssu~ng that-I could arrange to be present. The lOrotrlem is.. that we have a. Council Meeting, Monday. the 28th. Due to severa! ~very /important :items preSe~ky.'be,~ore the, .,Council, I ~hesitate ~o .sUggest a. s~betitute City Attorney for that evening and would rather ask if we could postpone the second regular ' me,ting to Tuesday or even Wednesday of that week.. I:f allowed 'to attend th~s meet£ng, I would no~t cha~e the City extra for-my 'serv~oe's~ however, I wou,ld app~eci:ate an allowance of. expenses for tr~vel, registration, if any, and a ho~el room for - possibly two' nights. Your consideration of this,matter at the forthcoming regular meeting will be appreciated." Mr. Talbot moved that .thins request be approved and. ~hat ~the second regular Council Meeting in October be hel~ 'on~ WednesdaF~ October 30th at 8:00 P.M. The motion was seconded by Mr. Barrow a~d carried un- animously. 5.a. Mr. Woodard said that there had recently been a committee consisting of contractors appointed to investigate and study a proposed ordinance concerning hours of construction, and apparent~ly these con- tractors had not been abl.e, to schedule a meeting ~s. yet. Mr. Woodard asked if it would be' agreeable with the City Manager to use Ralph Hugh- son, the Building Inspector, in a capacity to ~help coordinate the ef- forts of this committee in possibly serving as secretary 'or-Ex-Officio member to endeavor, to: get a. meeting of these contractors so that said committee could report back to the Council at their next regular meet- ing or a's soon as possible. -4- 9/23/63 381 5.a. Mr. Woodard referred to a letter dated September 9th, from Municipal Judge James W. Nowlin, Jr., to the Council concerning the appointment, of a City Prosecutor, and suggested that a committee com- prised of the City Attorney, Municipal Judge, Judges Ad Litem and the Police Chief, be appointed to investigate the possibility of creating the position of City ProseCutor and Perhaps who may'be available for that position, said committee to report back to the Council concerning same. There being no objections to the suggestions, Mr. Woodard so moved. The motion was seconded by Mr. Talbot and carried unanimously. 5.a. Mr. woodard reminded the Council that early in 1962 he, along with the City Manager and Finance Director, had been. appointed on a committee to study a possible pension plan for the City employees and that after some study the matter had been dropped, but that during discussion at the special meeting on September 16th a pension plan had been mentioned again. Mr. Woodard said that he feels it would be help- ful to have more of an expanded committee to investigate the feasi- bility of establ~[shing' a pension program and suggested, that en the committee with himself there be appointed the Finance Director, the City Manager~ City Clerk and City Attorney. Mayor Dietz suggested that a person who is experienced in pension plans also be considered for appointment on said committee, that person to be selected by the other members of the committee. There being no objections to said sugges- tions it was so moved by Mr. Woodard. The motion was seconded by Mr. Avery and carried unanimously. 5.a. Mr. Avery said that he had received an anonymous letter asking that the City Council do some investigating toward getting a decent bus station in Delray Beach. Mr. Avery said that this is some- thing over which the Council has no control, '.but' theft' he would move that the Council ask the City Manager to contact .the Greyhound Company and Mr. Vickers their 10ca1 agent and explore the possibilities of getting a decent' bus-station in Delray Beach. The motion was seconded by Mr. Woodard and carried unanimously. 5.a. MY. Avery said that he thought ~here was a critical 'need for drainage in various areas of Delray Beach and mentioned Beach Drive~ Seabreeze Avenue and Waterway Lane and also the Seagate area where some of the streets have settled and caused drainage probIems, further, that there is a relationship of the street grades to the drainage man- holes and that he feels there is a need for an overall engineering plan to correct these problems, and that it may 'tie in with the paving followi~g sewer construction. Mr. Avery moved that the City Manager be directed to consult with the Russell &' Axon Engineers relative to the cost of a feasible study on the overall drainage problems of Delray Beach, and report to Council the results of this conference. In secon~ing ~he motion, Mr. Talbo~ said that he thought the idea was good, but a little premature, that he doesn't think that much of a study can be made until the sewer program is completed. Mr. Avery explained as follows: "For instance, in Seagate, in front of Mr. Gear's residence. There is a great settling of water. The sewer has gone in. They are going to come in and pave that street and this is at the crest of the road normally where the drain should go from one manhole to another manhole. But they will go in there and pave this street and the elevation is down. It would be criminal to pave this street without a proper study as to its relationship to drainage." Mayor Dietz said that would be very costly, and reminded Mr. Avery that the contract that the sewer people have is to return the street to a condition as good or' better than they found it, and to deviate from that stipulation would be very' costly. Mr. Avery explained that this would only be a direction to have a conference and give the Council a report as to whether his suggestion of an overall study is feasible, and there would be no cost involved at this time. -5- 9/23/63 Upon call of roll, Mr. Avery, Mr. Barrow, Mr. Talbot and Mr. Woodard voted in favor of the motion and Mayor Dietz was opposed. 5.a. Mayor Dietz said that a Mrs. Charon Page of 218 ~. E. 10th Street had called him concerning a manhole in the street right-of-way in front of her house. That she had broken her hip and was in a wheel chair and the elevation of the manhole made it dangerous for her in getting in and out of her car, further, that Mrs. Page said she had reported, this condition to the City Manager, City .Engineer and to RUssell & Axon Engineers and that nothing had been done. Mayor Dietz asked City Manager Holland to report back to the Council at their next regular meeting as to what has been done concerning the elevation of that manhole. 5.a. Mayor Dietz reported that Mr. John Tallentire of the ocean City Lumber Company had called his attention to a new mechanics lien law that is very dangerous to the owner of a new building that is being built, in that payments can be made and still they will not be satisfactory in payment of the obligation unless a County permit has been secured. Mayor Dietz suggested that the Council appoint Mr. Tallentire as chairman of a committee, he to appoint the members, to in- vestigate this mechanics lien law in the State of Florida that has just been-passed, and report back to the Council what action can be taken to protect the citizens. Building Tnspector Ralph Hughson said that he had obtained a copy of that house bill from the Clerk of the Circuit Court and same is posted in his office, but that he doesn't know what the City can do to enforce it. That he plans to notify the contractors and builders as they come in for permits. Mr. Hughson said that the house bi1! is an instrument of commencement and must he filed with the County Clerk. Mayor Dtetz said this new law was quite complicated and it affects the owner rather than the contractor of the property, FolloWing discussion, Mr. Avery moved .tha~ a committee be ap- pointed to investigate this lien law, the-committee to consist of Mr. John Tallentire as Chairman, to include the-City Attorney and BuildJ.~g Inspector and any other-citizens that Mr.. Tallentire would like to have ~oerve on said committee, 'this comm/ttee to serve until they make a ~'ecommendation ~o the Council. The motion was seconded by Mr. Barrow and carried unanimously. 5. City Clerk Worthing informed the Council that the County Voting Precinct Districts as recommended by the City had been approved end that a map showing same was in the tax office in the City Hall, and information would be given to anyone /nquirtng about same. Mr. Worth- ing reviewed the outline of the districts as they had been approved. 5. The City Clerk read the following letter from Mr. Rudolph A. Cartwright~ to the Mayor and Councilmen, dated September 23rdt "After attending last Monday night Special Council meeting, in which I' thought, was very fruitful. After going home and giving it some more conside~ration, I came up with some doubt in' my mind, that I would like to have clarify from the Mayor and the two Councilmen, Mr. Barrow and Mr. Talbot, and' that is to state their reason why they voted no to having ~Ordinance-34 in section-17 repeal? Gentlemen,. I .wish that you will reconsider your vote. After stating your reason. I will appreciate if you change your vote to yes. To have an Ordinance that is Unconstitutional along with being offensive, remove from the books of Delray. I am aware of the ~,act that. yoU gentlemen are true red blooded AMERICAN. And this Ordinance is as UNAMERICAN AS BENEDICT AR- NOLD. -6- 9/23/63 "Gentlemen I think ~hat an Ordinance such as this one should have been repeal, and not put in' the hands of the Police Chief. Since you gentlemen are the Legislative Body that adopt new la.wa, and the Police Chief are to enforce them. So let it remain the way that it has always been with the Legislative body adopting the laws, and the Police Chief enforcing, them. If I .must say again if this Ordinance is not going to be repeal, then Councilmen, let try changing the name from DELRAY. BEACH, FLORIDA TO MOSCOW RUSSIA, FLORIDA.'.' 5. The City Clerk read the following letter from Mr. Robert Fleming to Mayor Dietz, dated September 12th: "I own two lots, these lots face on S. E. 10th Street and the corner of S. E. 4th Avenue. Now they bring the sewer down the alley between S. E. 5th Ave. and S. E. 4th Ave., and while they have the alley all dug up I told the men don't forget those lots face on 10th Street. Sure they are stupid, they put one connection for one lot. Again I asked them what is the corner lot on S. E.. 10th and S. E. 4th Ave., going to do for a sewer. Well thats the way the .map reads. Mow before this was closed I called the engineer Mr. Fleming, and explained the situation, and asked him to coma down and look at it. I guess ! called to early in the morning because I did not see him, but the next.day, now while the pipe was still exposed, some one came from City Hall and asked if I would give the City a easement to cross the other lot. That they would have to extend the sewer to the corner lot even if they had to dig it by hand. Imagine my surprise yesterday, when I found the- alley all closed in and rocke~ and no sign of a connection for the sewer to the corner lot, Believe me I am sorry I have to take this matter up with you. The others get the pay and Y09 do the work, .but what will happen when the. corner lot op~S.:. E._ 4th Ave. and S. E. loth Street wants to connect to the sewer. At that t~me I might not own both lots, and lot ~ 9 Block 8 might decide that he did not want his lot dug up to install a sewer for Lot % 8.. This matter should be taken care of now. Again I am sorry to waste your valuable time on such a stupid matter." Mayor Dietz referred this letter to City Manager Holland for a report at the next meeting on what-action had been taken. 5. The City Clerk read the following letter from Mr. Donald De- frees., to Mayor-Dietz, dated September 16th:. "I have read a number of newspaper clippings to the effect that the city is im~airing its sewerage outlet to the ocean and will receive some $12,000 or $13,000. It seems, to me, as a winter resident of Delray Beach for about sixteen years, that the city is making an extremely bad gamble. A sum of money, in the neighborhood of $13,000 against the future of the city .is pretty long odds.. : . This reminds me of the very poor and thoughtless engineering work which was done on 4th Street, diverting water from 4th Street down Palm Trail rather than running it into the canal.. It seems to me that it is time that the city did a little long term thinking in connection .with its engineering." 5. The City Clerk read a letter from the City of Boynton Beach and also a letter from the ~alm Beach County Health Department to the City of. Boynton Beach, concerning pollution of the waters, of Lake Worth. 884 Mayor Dietz reported that the City of Boynton Beach had received numerous inquiries about the ty~e of liquid that'they are dumping into the IntraCOastal Waterway and they sent out this general letter in order to inform people that, according to health standards, said liquid is pure. 5. The City Clerk read the following letter to City Manager Holland from the ~old Coast Colt League, Inc., dated September 14th= "This will acknowledge your letter of September 5th to Gold Coast Colt League, enclosing check in the amount of $200.00, represent- ing a contribution by the City of Delray Beach to' our League. We deeply appreciate this contribution by the City of Delray Beach to our League since it is gratifying to us to know that we have the support of the City Council. This is the first year w~ have had a baseball program in Delray Beach, Boca Raton and Boynton Beach for boys in the 15 and 16 year age bracket and we were most proud of our tournament team winning the District Championship for this District of Florida. We hope our program will grow, and we feel certain that with the support we have ~eceived, we can continue this worthwhile recreational activity for the youth of our communities." City Clerk Worthing read the following letter 'from Outdoor Pro- auctions, 721 South 18th Street° Lincoln, Nebraska, dated September 5th= "We are interested in locating suitable auditorium type facili- ties in Delray Beach to accommodate our proposed appearance there with our 16mm motion picture production ESKIMO L~ND. ESKIMO LAND iS an outstanding, film travelogue regarding ALASF~ and ~he FAR NORTH. Admission generally $1.-00 per person. We provide all pro, cUt'ion and sound equipment. We will be appearing in 25 Florida cities'during the coming winter. We understand you have a Community Center. Could this facility be ~ade available for our use on a rental basis? If so, we will appreciate if you will furnish us with a description and rental details. If not, please' return this letter wi~h your comment, so our re- cords can be closed. Thank you!" Mr. Avery sa~d that the Community Center was not built for com- mercial enterprise and that he did not feel this was in keeping with the .operation of .the center, to which Mayor Dietz and City Manager Holland both agreed. Mr. Avery then moved that the request he denied, the motion being seconded by Mr. Talbot and unanimously carried. 5. Concerning insurance coverage of Russell & Axon required by the Council, Mr. Harvey Brown of Beery & Brown Insurance, Agent of Re- cord, informed the Council that his investigation has failed to turn up an Insurance Company which would provide errors and om.isst~ns surance with a five year discovery period, and that he does not be- lieve that such a 'coverage exists. Mr. Brow~ informed the Council that the City could provide itself with a policy of insurance in which Russell & Axon is the insured, in which the City could look for relief in the event there was an error or omission in Russell & Axon~s pro- fessional work to the extent that they could be held legally liable by the City for subsequentdamage to City property or to the system self. That this ~olicy would have to be written on a year to year basis, and that he has found · facility for writing this coverage. -e- 9/23/63 ,885 ~.'~e responsibility-of carrying t~s coverage: and.'~a~;t,he City.assume ~at re~po~s~b~l~ty and ~n that manner ~e C~ty ~uld control leng~' of time ~ey. wanted to carry ~e insuran~, how much it would cost and ~mt ~e City would be in ~e position of determining whether they still had a need for ~e insurance and if ~e need existed,~e City could provide itself.wi~ ~e. ~verage. F~er, ~at ~e City had au~orize~ Russell & Axon to inc~ an e~ense, ac~rding to con- tract, not to exceed 93,500.00 per year to provide Russell & Axon with proper instance in ~e ~t of 9500,000.00 on .~e sewer project wi~ a 95,000.00 ~educt~le clause. ~at ~is identical coverage of surance ~an be p~uhased on a yearly basis for $2,02~.42, ~vering the legal liability of Russell & Axon for errors and omissions which may occur or whi~ ~y have already occurred as a result of ~eir work for the City for which ~ey could be held legally liable in s~se~ent suit by the City~ ~. Bro~ fur~er e~laine4 ~at as long as .~e ~licy is continued in force and rene~d a~ually at any given time that a claim may ocour, ~e instance company and Russell & Axon ~ld be put on notice that ~e City has dia~vered mn erzor or omission in their profeesional ~rk and ~e cla~s adjusters ~uld take it from ~ere. Fur~er, ~at ~is ~lioy can be carried b~ the City for as long as they desire, by ~rely continui~g ~e policy in forue, and said.policy ~uld co~e~ no o~er ~rk by Russell & ~on ~cept what. ~ey do for the City of ~lray Beach. ~yor Dietz asked ~. ~o~ if ~e-City takes this new covera~ on ~e 25~ of Sep~er, what ~uld protect the City back to ~e time ~at Russell & Axon started on this project. ~. BrO~ said ~at ~e poliuy ~ul~ be ~vering Russell & Axon's pro- fessional liability for ~e design an~ construction of ~e whole job. During l~g~y discussion on said insuranoe coverage, City At, torney A~ams said ~at he did not believe ~e City had received retroactive prov~sion ~ey had asked for from Russell & Ax~ and that it may be in orde~ to ask for a oredit from Russell & ~on of $1,134. 20. ~. W~ard ask~ concerning ~e retroactive aspect, ~at if the City continued a ~licy ~n force and effect that takes up ~ere present i~ns~an=e ends, would it protect ~e City retroactively, which ~. Bro~ answered ~at it ~uld. Mr.~o.dard fur~er asked, if ~e discovery period had to be in ~e same policy year, to ~ich Bro~ ans~re4 ~at it did not. ~. Bro~ f~er e~lained ~at if in ~ree years from now ~e policy is still, in effect and ~e City discovers an error ~a~ occ~red sixmon~s ago ~a~ ~is poIicy ~uld provide ~ote=tion for Russell & Axon in ~e event it was ~eir legal liability. ~. Bro~ informed ~e Co,oil ~at if this insurance ~s author- ized ~at ~ery & Bro~ as supervising agents for ~e City would handle this piece of insuran~ exactly as ~e balance of ~e City. insurance is handled wi~ ~e one deviation ~at ~ere would be no bids on it as ~ere are no o~er companies to bid-on same. Ma~r Die~ asked the City Attorney if ~e Co,cji.was in order to proceed wi~ ~is instance plan so ~ere .would not be a lapse of insurance. City .At~rney Adams said ~at if ~. Bro~ was au~orized ~ ob- tain ~is errors and omissions instance for ~e annual cost of 92,026.42 and coupled with that, Russell a Axon should be notified accordingly as ~eir present policy e~ires on Septe~er 25~. It was also noted ~at the money for ~s insurance premi~ would come from ~e Bond Fund. ~e City At~rney said ~at a motion should be made to au~orize Harvey Bro~ to obtain ~gineers ~rors and ~issions insurance as outlined, at an a~ual cos~ of 92,026.42 said ~licy to be effective tomorrow, and also that Russell & Axon should be notified ~at ~eir present poli~ r~der as it applies to ~e City of Delray Bea~ should be allowed to lapse on Septe~er 25~, it being so moved by ~. Woodard. ~e motion was se~nd~ by ~. ~l~t and carried ~ani~usly. -9- 9/23/63 386 5. ' Concerning Mr. DeFrees'. letter read ea~lier'~his evening, Mr. Talbot asked if it would'be proper to inform Mr. DePrees of the ex- ploratory action on th:e part of the 'COuncil so far as the length of Ocean Outfall, etc. Mayor Dietz said that all of .the letters under, public releases would come to the Council in the mt~utes of this meeting, and that he doesn't think anyone could tell Mr. DeFrees anything now. That he has written to the state and hasn't had a reply as yet. Mr. Avery moved that Mr. 'DeFrees be informed that his point is well taken and. that the Council is ·taking .this' matter under serious consideration and action will proceed as soon as the Council has all the information necessary, The motion was seconded by Mr. Talbot and carried unanimous ly. 6.a. The City Clerk presented the following applications 'for water service outside 'the City limits: LOts 27 and 44, Lake Shore Estates and Lot 48, Delray'Beach ShoreS, and said that the City ~ngi- near advises that no additional extension lines are necessary to pro-.' vide water to these properties-and that a sufficient supply is avail- able within the area, further, that~ th~ property owners had signed annexation agreements whereby, the lots would be annexed to the City. at the time when it became legally possible to do so, and that it is recommended that these applications be approved. The three applications for water service outside the'City were unanimously granted on motion by Mr. Avery and seconded by Mr. Talbot. X. Mr. 'Rudolph Cartwright asked Mayor Dietz why he and two other Councilmen voted against having Section 17-34 of the Code of Ordi- nances repealed and that he had ·asked that question earlier this eve- ning by letter. Mayor Dietz informed Mr. Cartwright that his letter would be printed in full in the minutes of this meeting and that each person coul'd use has own judgment as to his reply. 6.b. Mr. Woodard said that at the last meeting area residents had expressed concern about the parking situation and gave the following progress' report: "A 'meeting of the Traffic and Parking Committee was held September 19th at the Chamber of Commerce. Members present were, Ci'ty Man- ager Robert Holland, James, Love, Bud Merritt, Kenneth Ellings- worth, Chief Croft, Chief Gregory and myself. The committee reviewed its progress to date covering-projects not only dealing with parking but with other matters that we were considering. We have pursued with the P. E. C~- the possibility of relocating the P,. E. C. Station~ building a new facility ~hich would be a credit to Delray Beach. providing an additional 'railway crossing one block South of Atlantic Avenue to facilitate traffic patterns, and also provide more parking areas adjacent to Atlantic Avenue at that location. Mr. Thornton, Vice President and Chief Operating Officer was mOst cooperative and is in the process of having the F. E. C. draw up proposed plans to be sub- mitred to our committee. we also have dealt with problems created by the one-wa'y of U.S. No. 1 on 5th and 6th Avenues, problems that have resulted for the businesses located between these two streets which is primarily accessibility. We have attempted to 'ease-their problems by pro- riding a service alley running between and parallel to the two streets. This will create an access to these properties free from highway congestion and the construction is now under way of this alleyway. -10- 9/23/63 88? SpecificailY referring to the ~arkingproblem which is of grave concern to.' ' area res£dents on'Atlantic Avenue East of 6thAvenue, primarily,"the'committee~is fOcus~ng'~itsattention on this par- titular problem. There are four 9~opert'ies of immediate interest to us and with the help of local~realtors to facilitate these matters, we have been dealing on the telephone and 1ooally with the i~terested parties, and within this com~ngweek our conver- satio~s shOuld'be realized and should bear final fruit, we have been on ~he telephone during the past week to New York, to Illi-. nois, to Jacksonville, as well as locally and we havePromises from these individuals that they will either meet with us this coming week or they will be in a position togive final and spec- ific 0onSideration to four alternative positions. Oneof the four areas that we are dealing with isa piece of property that faces on Atlantic Avenue that runs three lots deep. The second piece is a good size tract and is on 6th Avenue, South of Atlantic to the East of 6thAvenue, A third piece of.property or a composite piece that we aredealing with, and this is the most complicated one of~the three, is a composite piece of property that~would run straight through from Sth to 6thAvenues, South of 'Atlantic Ave- nue, and this composite piece is the area where there are property owners in New York, Illinois and locally. This is the one where commun~cation takes'the longest period o.f time. The.fourth piece of Property is a lot that is near and would service the corner of 5th Avenue;and Atlantic Avenue where.there are now two empty stores.. We have scheduled 'meetings this week and we shall continue to re- port aa much as we can without'jeopardizing-thesenegotiations. On the telephone withone of these individuals he indicated the' publicity which his firm has received in the newspapers has ~een undesirable to the firm and they have hesitated negotia~ing.fur~her 'simply because their real. estate movements are confidential. He has asked that a meetingbe set up this weekthat is not publicized and where he can further discuss their specific real estate ho~d- ings .... The committee feels that the ultimate decisions that are reached are of such importance that adequate consideration must be given to each individual potential piece of property. You. can be sure that everyone is negotiating in good faith. We want the Coumcil and the effected businessmen to k~owthat everything possible is being done to crystalize the best possible parkingarrangements to service these areas. I would like to submit for the committee that the City Manager place this item once' again on our next agenda for.further, and'Ihope, final consideration. By final consideration I mean final specific proposals that we could then refer to the Planning/Zoning B~ard for their consideration. The recommendations of the Planning/Zoning Board be referred back to the Council for their consideration." Mr. Talbot asked how the other City. parking lotswerefinanced and Mr. Worthing informedthe Council that one had been obtainedby the sale of Revenue Certificates, and one.by agreement with the F. E. C. Railway. Mr. Talbot. said that'he had several communications from taxpayers who were not in'accord with the idea of exchange of property, as they feel that the true.value of a piece of property is.not known until it goes on the market. ~ Mr. Woodard said' that'if enough people who are qualified-to ap- praise land values and are qualified to appraise desirability of lo- cationwere in on this, the committee would know that they had a reasonable exchange of comparable vatues. Mr. Avery stressed expediting this as quickly as possible in order to provide parking in that area for this coming tourist season. Upon further inquiry about financing the purchase, of a parking lot by a Bond Issue, ~inance Director Weber informed the Council that said issue was in 195S in the amount of $110,000.00 and was entitled special Franchise Tax Revenue Certificates, and that ~here is a $22,000. balance that matures in May of 1965. There was lengthy discussion concerning the neea' for said parking areas, and what the best means .would be in obtaining said.areas. Messrs. Paul Sanderson, Nathan Sharp, Robert Fellows and Robert Kinkead all commented on the necessityof provisions being made to take care of the parking situation for this coming, season, and what may be possibl~ solutions. Mayor Dietz said that he felt the Council should give careful consideration to this type of thing instead of rushing into it. it was pointed out that none of the offers of exchange or sale have been'rejected, neither has anyth£ng been agreed to. It was made known that the offer made by Mrs. King of her property in Block 117 would expire before the next meeting. Mr. Kinkead said that he felt he could get an-extension of time and asked what length of timehe should ask for. Mayor Dietz suggested that Mr. Kinkead get a couple of months extension of time on the exchange agreement of the King property in Block 117. 6.c. The City Clerk informed the Council that Mrs. Mark .O'Neal of 49 N.'W. loth Avenue had applied for a Certificate of Convenience in order to operate a taxicab w/thin.the City. That in compliance with provisions of the Code of Ordinances, it is recommended that council direct a public hearing thereon to be provided on October 14th at the next .regular Council meeting, with notice of such hearing to be furnished each holder of a Certificate of Public Convenience as well as appearing at least one time in a local newspaper, it being so morea byMr. Barrow. The motion was seconded by Mr. Talbot and carried un- animously. 6.d. The City Clerk reminded the Counci! ~hat at a special meet- ing of September llth, they awarded a contract for alterations and additions to the City Jai! and Police Station in the amount of $6,616o and that authorization for payment of cost for such improvement from funds in the Improvement Trust Fund is requested. Mr. Woodard moved that this request for authorization of payment from the Improve- ment Trust'Fund' he granted, themotion being seconded by Mr. Barrow and unanimously carried~' 6.e. Concerning replacement of manholes .within the Sewage Works PrOject, City Clerk Worthing read the following letters: From Barbarossa & Sons, Inc. to Russell. &Axon,. dated August 30, 1963: "Re CONCRETE MANHOLES - DELRAY BEACH Job. 5964-8a - Our F 108 We are in receiptof your letter regarding the necessity of replacing concrete manholes with brick manholes. Due to the fact that brick is in short suppl~ at present, we are having difficulty keeping enough brick on hand to supply our' immediate 'needs. Therefore, we respectfully request that we be'~ermitted to replace the concrete manholes one at a time, rather than tearing them all out and replacing .them all at once. The shortage of brick ~would make thi~ almost impossible to do at this time." From Russell & Axon to the C~ty CoUncil, dated~September.9, 1963~ -12- 9/23/63 389 "~ubject= Removal'of Manholes sewage Workw'Project No. 5964-8a Delray Beach, Florida The Barbarossa and Sons, Inc.,-has submitted a request (copy attached) to replace the concrete manhoies one at a time rather than replacing them all over a short period of time.~ The basis of this request is due to' the inability of the Brick Suppliers to furnish brick on schedule. Opon checking with a Brick Supplier, I was informed that the demand for brick at this time exceeds the availabilitY of supply. They expe~"t'o be caught up with' their orders by November 1963. Recommend approval of Barbarossa and Sons, Inc., request." From Russell & Axon to Barbarossa & Sons, Inc., dated September 17, 1963= "Subject= Concrete Manholes Project No. 5964-8a Delray Beach, Florida The City commission of .the City of Delray Beach disapproved the proposed Change order for concrete manholes.. You have . been previously instructed of this disapproval and have also been further instructed~ to remove these concrete manholes and replaoe them with brick manholes as speoified in the contract specifications. Request that you furnish this offioe as~on as practical with a schedule of work with the date in which you intend to remove the concrete manholes. ,It is further requested that a completion be given - indioate the date that all concrete manholes will be replaced with brick manholes. The above information is to be submitted~i~order to reach this Office on or before September 19, 1963. City Manager Holland said that he would prefer the manholes in question be replaced one at a time rather then tear.the whole area up at one time. Mr. Avery said that he had been approached by property owners in the area of these'manholes who desired that .the Council give consider- ation of leaving the thirty concrete manholes in the ground and accept the benefits derived and not disrupt them any further. Mayor Dietz said that he was ~nterested in being given a schedule of time when these manholes would be replaced. Mr. Talbot. suggested that this item be tabled until ~he next meet- ing and when the Engineers are in Delray Beach on September 27thfor inspection of the conditions of the sewer system installation that the item of manhole replacement be discussed and worked out. Mayor Dietz asked that this item be placed on the agenda.of the next regular Council meeting and that he wanted a definite starting date and a definite completion date. 6.f. There were comments concerning Russell & Axon~s letter of September 3rd pertaining to Florida Power & Light Company's recommend- ation that Lift Stations Nos. 5, 8, 9, 15 and 16 be furnished and operated on single phase 120/240 volt electric service in'stead of 3- ~hase current as called for in the specifications. Mr. Barrow asked if Mr. Steinhilper has obtained the information from the Russell & Axon Office concerning the O.K. from the Florida Power & Light Company of the proposed specifications during the plan- ning stage of this sewer system. -13- 9/23/63 390 iir. Steinhilper said that at t~e last Council meeting he had in- formed the Council that it was their procedure to coordinate with all of the utilities within the area during the planning stage of a project and that Since that time he had found that Russell & Axon did.coor- dinate with the utilities concerned. That Mr. Gilbert Clifford did coordinate with the. utilities and that said findings and reduction to writing whould be received by Friday. Mr. Steinhilper further stated that he had asked the Harry Pepper Company to submit costs on changing the motors to operate on single phase instead of the 3-phase and pre- sented the Council with a letter from Russell &Axon dated September 21st concerning same. Mr..Charles Senior of the Florida Power aLight Company said that there had been a meeting held in his office last Thursday with the City Engineer and Mr. Steinhilper concerning the use of single-phase motors insteadof 3-phase, and that a price of $600.00 had been con- sidered appropriate in the exchange of motors, which is much less than the $2,2?6.?0 as quoted by the Harry Pepper Company for converters. Mr. Senior said that he would have to refer this to their Company Engi- neers for consideration. Mr. Barrow said that ha would like to see, in writing, where the Florida Power & Light Company had O.K~d 3-phase motors in this area, and until that was produced he felt it was the res~onsibility of Russell & Axon-~to pay the cost of converting to single-phase motors or to see that 3-phase motors are installed. Mr. Avery said that he .would like to see the Florida Power & Light Company Engineers contact the City*s Engineers and after that discus- sion that'recommendations be made to the Council. The letter from Russell a Axon dated September 3rd was read as follows: "subject: Three Phase Electricity, Lift Stations Sewage Works Project No.- 5964-8a Delray Beach, Florida Reference is made to letter from the Florida Power & Light Co. to the Cityof Del~a.y,Beach, Attn: Mr. Mark Fleming, dated 8 August 1963, with carbon copy to Russell &Axon and Harry Pepper Company. The plans and speci£icati~ns for the lift .stations and pumping station on the Delray Beach Sewage Works Project call for 3-phase current. The Florida Power & Light,Co. has recommended that Lift Stations No. 5,- 8,-9, 15 a~d 16 be furnished and operated on single phase 120/240 volt electric service. On reviewof these facilities and our plans and specifications concurrence with the Florida Power & Light Co.*s recommendations is not recommended. The service could be considered adequate but the use of single phase motors over extended periods in sewer installations is not recommended. The initial cost of single phase motors is somewhat higher than 3-phase and maintenance costs are definitely higher. The Contractor, Harry Pepper Company, has advised that all motors have been ordered in accordance with the plans and specifications. Request that if the City of Delray Beach desires any changes in the. electrical service that this Office be advised. Your earliest attention to this.matter Will be appreciated." Mayor Dietz pointed out that Russell & Axon did not recommend the change of motors, and said that he agreed with Mr. Barrow~in that Russell &Axon produc~ in writing that Florida Power~ & Light did O.K. the 3-phase current as called for in th~ .specifications, .and asked that this item be ~laced on the agenda of the next meeting. -14~ 9/23/63 391 Mr. Barrow then moved that Mr. Steinhilper produce the letter from the Florida Power & Light Company okaying 3-phase. motors in these stations. Mayor Dietz relinquished the chair and seconded the motion. Following discussion the motion was changed, to. read that a letter be sent to Russell a Axon to the atte~.tion of Mr. Steinhilper that they produce-the letter from the Florida Power a Light Company okaying 3- phase motors in these stations. Mayor Dietz in-seconding the motion agreed-to the change and the motion carried unanimously. X. Mr. Steinhilper presented the Cotlncil with copies of the Con- tractors~work schedule for their consideration. 6.g. The City Clerk informed .the Council-that.for the benefit of the leg&! po. eiti'on .of the City, x~lat/ve to oompliance .with the State Sales and Use Tax regulations, ¢larificatiQn .of their .action. taken at the last regular meeting should be made. Mr. Worthing then read the following 'excerpt from Chapter 212-of the Fl~orida Statutes~ "A dealer engaged in any business taxable under this Chapter SHALL NOT ADVERTISE or HOLD O~T to .the Public, in any manner, directly or indirectly, that he will ABSORB all or any part of the tax, or that he wil!.relieve the purchaser or- user of the pp~ent of all or ~.y part of the tax, or th&it .the tax will not be added to the selling price.of the property etc." .The City Clerk further said that it is probable that th~ intent of the Council to express their desire that no increase in fees charged for viewing or participating in any sport or recreation be made, and subject to such i~tent of Council being a fact suggested the following so lution: Tota'l 1. Lower the .Minors' fee for swimming to - $.09 $ - .09 upon which admission charge there is NO sales tax app!icable. 2. Lower the Adults' fee for swimming ~ - .24 3% sales tax being, applicable .is t~fore ~harged in compliance with State Statutes.01 .25 3. Lower the Daily fee for tennis playing - .48 3% sales tax being applicable is there- fore charged in ~ compliance with Law. . .02 .50 4. Lawer the Annual Membership fee for tennis playing privilege to - 14.50 3% sales tax being applicable is there- fore .charged. . .4~ '14.94 Council may_desire to recommend hola£ng the tennis playing Annual ~Membership fee to-$15.00 and charging the 3% sales tax thereto. ,. Mayor Dietz recommended that the Annual Membership fee for tennis be $15.00 plus the 3% sales tax and that the other three items be as suggested, it being so moved by Mr. Avery. The motion was seconded by ~r. Talbot and carried unanimously. 6.h. The Assessment ROll for levying the assessments against benefited properties for the improvement of that part of N. W. 12th Avenue lying between Atlantic. Avenue and 2nd Street was unanimously approved on motion by Mr. Wood&rd and seconded by Mr. Talbot. Mr. Woodard asked the number of years .the payment of these im- provement assessments would be spread over and was informed by the City Clerk that the time was three years. That years ago the payments had been spread over a ten year period, and later a five year period, but that did not bring the money b$ck into the improvement fund enough. 892 6.i. The City Clerk informed the 'Council that Mr. Ora Wake, owner and Operator "of the Wagon Wheel Barbecue Sta~d at '103 N. W. 5th Avenue had applied for a license to sell beer and wine, consumPtion on the premises, within his place of business. The City Clerk informed the Council that active St. Paul's A.M.E. Church lies northward from this property within three hundred feet thereof, and called their attention to part of Section 4-6 of the Code of ordinances, as follows: "No liquors, wines or beers shall be sold within the corporate limits of the city, at any place of business, location or establishment within three hundred feet of any established church; pro%ideal, 'however, that the above and' foregoi~g shall not apply to any duly licensed grocery store' selling wines or beers in packages, and for consumption off-the premises." The application to Sell beer and wine was unanimously denied on motion by Mr. Avery and seconded by Mr. woodard. 6.j. Concerning protective covering for a piano at the band shell in the City Park, City Manager Holland s~id that he had requested bids on this work and that from eleven inquiries only one bid had been re- ceived and that was in the amount of $600.00 from Trieste Construction Company. It was explained that this bid was for concrete construction and' would also include replacing the old steps with concrete steps wi~h provision for a place in which a small heating' unit could later be installed for elimination of dampness. City Manager Holland said that he had originally planned to do this work but the City does not have the facilities or that type of manpower, and that since it is a capital improvement and would be attached to a building he would recommend that the money for same be provided from the Cigarette Tax Capital Improve- ment Fund. Mr. Woodard moved that the $600.00 come from the Capital Improve- ment Fund for the purpose of construction of an addition to the band shell, the motion bei~'~econded"~by~r. Barrow. Upon call of roll, Mr. Barrow, Mayor Dietz, ~r. Talbo~ and Mr.' Woodard voted in favor of the motion and Mr. Avery was opposed. Mr. Avery qualified his vote in that he worked for the firm that the bid was awarded to. 6.k. It was reported that the City's Fiscal Agents, Messrs. Cook and McCreedy of B. J. Van Ingen and Company and 0oodbody and Company, respectively, desire to submit a proposed plan for refunding the out- standing balance of the 1957 Water Revenue Certificate Issue, which procedure may be accomplished at a very substantial interest saving withOut jeopardizing the City's rig~-~~ to sell additi0nal parity bonds to finance possible future expansio~ of the Water or Sewer Systems, and to provide for such prO~oee~ plan to be submitted, 'the fiscal a- gents request' the City to grant them a ninety day option to complete the plan under the following conditions: . 1. We will have an authorizing resolution prepared as quickly as possible and upon the City's approval thereof, will then make the City a cash offer for the amount of bonds sufficient to discharge the City's entire liability in respect to the 1957 issue. 2. Further, we will guarantee to have available at the time the new issue is validated and ready for delivery, U. S. Treasury Obligations in the proper amount 'to protect the City against 'any change in the ~overnment Bond market'. Mr. Worthing further reported that there was one other item not brough~ out at' an informal meeting last Thursday concerning this pro- posed refunding, and read the fOllowing .lett6r from the fiscal agents and signed by Mr. McCreedy, dated September 20th. -16- 9/23/63 ,393 "It has been called to our attention that our letter of September 19th on the 'subject of an advance refunding of the City's 1957 issue' of Water'Revenue certificates makes no mention of com- pe~sation to the City Attorney for his services in~ co~nection with. the validation of the proposed new issue. we had not thought :to includ~ this item among our..e~ses as it seems inappropriate for us to pay a city employee. ~L~$ fee would properly be chargable to the water system in our opinion. We wanted you to have this information before action is taken on, our proposal at Monday's ;meeting." City Attorney Adams said that there was a refunding issve and he had to:take the responsibility of validating all of the bonds in court that i~would involve an expense, and is. sometimes based on a percent- age of ~e' issue; further, that he took care of valida.ting the last bonds at. one third of one percent which fee would be satisfactory in this case. Following d4scuasion, Mr. Woodard moved that the Fiscal Agents be instructed to proceed with the plans for refunding of the balance of the 1957 Water Revenue Certif.icates as proposed'to the City in their letters of September 19=h and 20th.. The motion was seconded by Mr. Talbot and carried unanimously. 7.a. The C~ty Clerk informed the Council that the individual home owners of Lots B, .C,-and D, Tropic Palms have petitioned for the re- zoning o.f said lots from C-1 and C-2 to R-lA zoning district. That these homes were originally constructed as model homes in a sales promotio~ program for future development of Tropic Palms Subdivision, and were built upon lots lying between South Federal Highway and Dixie Boulevard, which land was zoned commercial, it being the intent of the builder to later move said model homes from the area. The City Clerk read the following Planning Board report dated September 16, 1963, which was a result of Co.~ncil directive on May 13, 1963, t~at the Planning Board study the poss~bility of rezoning the entrances~o'f Tropic Isle and Tropic Palms Subdivisions in order that said e~ances may be maintained in the proper manner: "The Planning Board met on Friday, September 13, 1963, with the following members in attendance: Chairman pro .tern Kenneth Jacobsen, Stuart Lankton, P-~chard Hanna, John Kabler and Director Ralph.Hughson. These members create a quorum. Re.. Entrances to Tropic 'Isle and Tropic Palms.. On June 21, 1963 Chairman Jame~ Sinks appointed a committee comprised of John Kabler and Richard Hanna, to make a study of the zoning and appearance of the entrances to these sub- divisions. At the meet ~ng of September 13, 1963, this matter was discussed and on a motion by Stuart Lankton, seconded by Richard Hanna, and on roll call Kenneth Jacobsen and John Kabler voted in favor of the following recommendation=- In view of the fact that the property is privately owned .the only alternative to correct the situation would be for the City to purchase the property, or all the present owners of the property to petition to have the area rezoned. It is also recommended to use caution in accepting any sub- divisions request for annexation, with commercial ~properties at the entrances, in the future." Mr. Woodard moved that this petition for rezoning of Lots B, C, and D, Tropic Palms Subd~vision be referred to the Planning/Zoning Board, the motion being seconded by Mr. Barrow and unanimously carried. -17- 9-23-63 7.x.' City clerk Worthing presented a petition from Mr. F.-W. Weaver for the rezoning of LotS, Nichols First Addition fromR-1A to R-2 zoning classification. The:reason given for the.desired chan~e is for the building of, a two family unit, in an area Of dual family de- velopment, on the only u~developed lot in the area. On motion by Mr. Avery and seconded by Mr. Barrow this petition was unanimously referred to the Planning/Zoning Board. ?.b. The City Clerk~reported that from observation of the grounds and property'of Mrs. Ruth Collins at 240 N. E. 9th Street, there appears to be no damage to the property having been,'-caused by installation of sewer lines as alleged by Mrs. Collins. That the shell rock parking area in front of the property, and which wholly lies. within the dedi- cated fifty foot right-of-way, appeared to have been entirely replaced. Further, that it. is recommended that this'communication be referred to the contractor responsible for such sewer line installation who,in accordance with terms and conditions contained in his Contract, is spons£ble for replacement of certain shrubbery, trees, plantings and grass plots. Thatit is further recommended that this referral be made through the office of Mr. ~eorge Switzer, Resident Engineer for Russell & Axon, and'that he be requested to inform the Council through the City Manager the understanding reached between the Contractor and Mrs. Collins. Mr.'Avery moved that this item be referred as recommended, the motion being seconded by Mr. Barrow and unanimously carried. Mayor-Dietz-asked when this raport would come'back to the Council, and Mr. WOrthirg said that it should not. be later than' the second regular council, meeting from this~evening, ~d~that it would be put on theage~da for that meeting, ~, 7.c. The City Clerk informed the Council that Park View Manor Associ.- etlon, Inc., contemplating construction of a sixteen unit condominium apartment building at 807 N. E. 1st Street, requests permission to service such building with one two-inch water meter rather than a minimu~ 3/4 inch meter for each unit. That charges forthewater service, through such two-inch meter would be ~comparable'to~the curren! service charge for sixteen minimum sized meters, namely $48.00 per month plus .25 cents per each thousand, gallons of water in e~cess of 80,000 gallons per month, and if Councilshould agree to such proposal, authortzattonls requested for an Agreement reflecting its approval of a two-inch meter instead of the sixteen 3/4 inch meters, further, that the Agreement was recommended, bythe Ctty Manager. Mr. Talbot moved to grant' said request, the motion being seconded by Mr. Barrow and unanimously carried. (Copy of Agreement is attached to and made a part of the official copy of these minutes.) (See.pa~ss-~00-A & ~00-~) ~.a. The City Clerk reported that Or~nance-No. G-503 had been prepared for Council consideration as a result of.a request from a local repre- sentative of the owners of Lots 1, 2, 3 and 4, ~tock'61, for+the privi. lege of installation and operation of a Minature.~olf. CourSe on said property. The request was submitted to Council on,September llth and was referred to the Planning'Board for'its study and'recommendation. City Clerk Worthing read the following Planning Board report dated September 16th: "The Planning Board met on Friday, September 13, 1963; Members present were= Chairmanprotem Kenneth Jacobson, Richard Hanna, John Kabler, Stuart Lankton and Director Ralph Hughson.. These members create a quorum. Re: To a request by Mr. Baner for permissive use on Lots 1, 2, ~ 'and. 4, Block 61, for an O~tside 'Carpet ~olf Course. -18- 9-23-63 395 "After discussion with the City Attorney,. the Planning Board, on a motion by stuart Lankton, seconded~by JOhn Kabler, Roved to amend Sec. 27-?.1, limited.commercial district= (A) Uses permitted, to include'as conditi~onal uses, Bowling A11eys~ Pool and' Billiard Halls, Skating Rinks, Outdoor Minature GOlf Courses and similar establishments," City-Clerk Worthing then read ORDINANCE NO. G-503. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 SECtiON 29-7.1 OF THE CODE OF ORDINANCES OF THIS CITY'BY ADDING SUBSECTION (H), PROVIDING FOR CERTAIN CON? DITIONAL USES IN THE C-1 (LIMITED COMMERCIAL) DISTRICTS OF THIS. CITY. Ordinance No. G-503 was unanimously placed on first reading on motion by Mr. Avery and seconde~ by Mr.. Barrow. 8.b. City Clerk Worthing- presented ORDINANCE- NO. G-504. AN ORDINANCE OF THE CITY OF DELRAY BEAC~H, FLORIDA LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT. ROLL SUBMITTED BY. THE CITY MANAGER OF SAID CITY, CONCERNING THE GRADING AND PAVING OF THAT PART OF NORTHWEST TWELFTH AVENUE LYING BETWEEN ATLANTIC AVENUE AND NORTHWEST SECOND,. STREET TO A WIDTH OF TWENTY-FOUR (24) FEET, SAID ASSESSMENT ROLL BEING ATTACHED HERETO AND FORMING A PART HEREOF. Ordinancw No. G-504 was unanimously placed on first reading on motion by M~.~ Woodard and seconded by Mr~ Avery. 8.c. The City.Clerk read .ORDINANCE NO. G-505 which was prepared at the reques~~ of the Council. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 29-15 OF THE CITY CODE OF ORDINANCES PERTAINING TO THE PARKING' OF TRAILERS. Ordinance No. G-505 was unanimously placed on ~irst reading on motion by Mr. Woodard and seconded by Mr. Talbot. 8.d. City Clerk Worthing presented ORDINANCE NO. G-506. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNE]C-ING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LOCATED .IN SECTION TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE S~ID LANDS! PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS~ AND PROVIDING FOR THE ZONING THEREOF..{/-~ ¥~ ~ $~ The City Clerk informed the Council that water service had been granted to several pieces .of property in Lake Shore Estates and that by annexation of the streets in that subdivision, ' . . all the lots would be contiguous to the City of Delray Beach,and the lots that are receiving water service would be annexable. Ordinance No. G-506 was unanimously 'plac~._ on f~rs-t reading on motion by Mr. WOodard and seconded by Mr. Barrow. -19- 9-23-63 8ce.. The City Clerk reported that ORDINANCE NO. G-507 had been pre~ared. ~1~ =onJ~nction with future planned improvement of West Atlantic A~enue, and then read said ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE 'CITY OF DELRAy 'BEACH, FLORIDA, AMENDING SUBSECTION 7{b), SECTION 29-7.5, CHAPTER 29, CODE OF ORDI- NANCES OF THIS CITY, INCREASING THE SET BACK LINES4~ROM SWINTON AVENUE TO WEST EIGHTH AVENUE FROM FIFTY-THREE (53) FEET TO SIXTY-THREE (63) FEET.4~ ON BOTH SIDES OF WEST ATLANTIC AVENUE. Ordinance No. G~507 was unanimously.~placed on first reading on motion by Mr. Wooda~d and seconded by Mr. Talbot. 8.f. The City. Clerk presented oRDINaNCE NO. G-508 and called Council attention to certain conditions contained therein regarding zoning, dedication of roadway, assessment for taxation, etc..~ AN ORDINANCE OF THE CITY COUNCIL OF THE C~TY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 -EAST, WHICH LANDS ARE CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY= REDEFIN- ING THE BOUNDARIES OF SAID CITY.TO INCLUDE SAID LANDS: PROVIDING FOR THE R~GHTS AND OBLIGATIONS OF SAID LANDS: AND PROVIDING FOR Following discussion, Ordinance No. G-508 was unanimously placed on~ first reading on motion by Mr. Avery and seconded by Mr. Woodard. 8.g. City Clerk Worthing read the icl.lowing letter from the Board of Realtors, dated September llth and signed by Marie B. Hough, Secretary= "At a meeting of the Delray Beach Board of Real~ors held on September 11, 1963, the following Resolution was passed: RESOLVED: That, if the City change~ the .speed limit, Which is now 2§~mfles per hour for~.igh- rail cars, then the car must come to a complete stop before crossing any intersection where there are gates." City Clerk Worthing then read ORDINANCE NO~ .G-509. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY~EA~CH, FLORIDA, AMENDING ORDINANCE NO. G~$01, PERTAINING TO T~E LAW~UL.~S.PEED .~IMIT FOR AUTOMOBILES CONVERTED TO OPERATE. ON RAIL- ROAD TRACKS. Mayor Dietz said he thought the suggestion of the Board of Real- tors would be the best solution, but it was po4nted out that in talk- ing with the Railway Company representatives the conditions within Or~inance No. G-$09 were agreeable and if they were to be changed an- other conference should be held. Ordinance No. G-509 was unanimously placed on f. irst reading on motion by Mr. Avery a~d seconded by Mr. Talbot. The City Clerk- informed the Council that he wo~ld send a copy of Ordinance.No. ~G-509 to the~Florida. East Railway Company and inform them the date of t~e second reading of said Ordinance. 9.a. City'.Clerk Worthing ~read the following Planning Board report, dated September 5th= -~0- 9/2~/s3 "The Pla.nn. ing Board met. qn Thursday, September ~5, 1963, with the following in attendance=' Acting Chairman Kenneth. Ja=obson, Richard Hanna~ John -Kabler, Stuart Lankton, James Sinks and Ralph Hughaon. The following report is respectfully submitted: Public hearing was held on.August 30, 1963., tO hear objections or approval on a request to rezone from R-3 {Multip~l~ Family Dwelling District) to C-1 (Limite~ Commercial Distri~i the following described property= The s 50' of Lot 5, Block 60 Town of Delray Beach On a ~mtion by Richard Hanna and seconded by Stuart ~:I, ankton and voting in favor of by John Kabler, ~(enneth Jacobson and James Sinks, the Board recommends that. this request be denied. The Board feels that any extension .of the present, co~mercial district should be discouraged. This request W°uld be spot zoning." Mr. Woodard moved to accept the recommendation of. the Planning Board and deny said rezoning request. The motion was seconded by Mr. Barrow and carried unanlmously. 9.b. The City Clerk read the' following Planning Bo. etd_ report, dated September 5th: "The Plar~l~ng Board met on Thursday, September 5, 1963, with the following in attendancez Acting Chairman Kenneth Jacobson, Richard Ha~lna, John Kabler, Stuart Lankton, James Sinks and Ralph Hughson ~ The following report is respectfully submitted: Public hearing was held on August 30, 1963, to hear objections or approval on a request to rezone from R-lA (Single Family D~elling District)~to R-2 (O~e .& Two Family Dwel!//lg District) the following described-property: Lots I thru 13, SINKS PLAT, a tract of land lying between S. Swinton Avenue and the F.E.C. Railway R/W and extending sou- therly from-the ~Anderson Block~ a distance of approximately 993 Ft. On a motion by R~chard Hanna and seconded by Stuart Lankton and voting~ in favor of by 'Kenneth jacobson and John Kabler (Mr. Sinks did not attend this portion of the meeting) the Board recommends that the request be granted. Reasons for these conclusions are: .1. There is no R-2 zoned area ~n this. section of the City. 2. This would not const4tute spot zoning, because of the amount of land involved... 3. There are several duplexes in the area at. present." Mayor Dietz said that he understands it is rather difficu~t for the Planning Board to have a quorum at their meetings_on account of the different'.businesses that the members conduct, and suggested that the set-up may be changed in that. there would be alternate members appointed and increase the number on the board in order that there may be a quorum present at all of their public hearings and meetings. -21- 9/23/63 898 Mr. Woodard informed Mayor Dtetz that he understands the Planning Board intends to study this problem.and make specific recommendations and take specific action to resolve this problem. Concerning the above Planning Board report, Mr. Avery'said that there were several duplexes in the area of lots i thru 13 (Sinks Plat) a subdivision in Section' 21-46-43, ~nd called attention to the fact that Mr.'weaver, owner of Lot 5, Nichols First Addition, which pro- perty lies in this area,'had submitted a request tonight for the re- zoning of his lot from R-lA to R-2. Mr~ Avery'said that since there are several duplexes already in the area that he would move to accept-the recommendation of the Plan- ning Board. The motion was seconded by Mr. Woodard an4 carried un- animously. 9.c. City Clerk Worthing read the following Planning Board report dated september 5th~ "The Planning Board met onThursda¥, September 5, 1963 with the following in attendance= Acting Chairman Kenneth Jacobson, Richard Hanna, John Kabler, Stuart Lankton, James Sinks and Ralph Hughson. -The following report is respectfully submitted= Public hearing was held on August 30, 1963, to hear objections or approval on a request to rezone from R-2 (One and Two Family Dwelling District) to R-3 (Multiple Fant~ly Dwelling District) the following described property= Lots 23, 24 and 25, McGINLEY & GOSMAN Subdivision. On a' motion by John Kabler and seconded by Stuart LaP, ton and voting in favor of by James Sinks, Richard Hanna a~d 'Kenneth Jacobson, the Board recommends that this request be-granted= The reason is that the property is adjacent/to C-2 zoning on the north and the .'property to the south'ihas an apartment building on it." Mr. Woodard moved to accept the recommendation of t~ Planning Board and grant the rezoning request, the motion being seconded by Mr. Talbot and unanimously carried. 9.d. City Clerk Worthing read the following Planning Board Report dated September 13th= "The Planning Board met on Friday, September 13, 1963. Members present were= Chairman 9fo..rem .Kenneth ~aCObson, RiChard Halloa, John Kabler; Stuart Lankton and Director Ralph Hughsono These members create a quorum. A Public Hearing was held on September~3, 1963 in regards to a request for permissive use by the Church of Christ, on Lots 1, 2 and 6, Block 1, COlOnial 'Heights subdivis~onf and Lot 6, · Block'8, ROsemOnt Park Subdi~isi0n. Thirteen property owners were notified. There were ~0 objections voiced. After discus.- sion, the Planning Boardrecon~nends that the request be granted. The motion was made by Richard Hanna, seconded by John Kabler, Wi.~h Stuart Lankton and Kenneth Jacobson voting'in favor. The m~ti0n carried U~animo~s~y." Mr. Avery mOved that' said permissive Use be granted, the motion being seconded ~yMr'o Barrow and~unanin~ouslYcarried. 399 10. City Clerk Worthing informed the Council that at least twice a year for the past many years the City has received from the Housing and Home Finance Agency in Atlanta, Georgia, a form reques.tEng a re- port of ~onstruction status of advance planning project related-to the loan by theFedaral ~over~ment of $24,500.00 to the City of De!ray Beach in 1946. That each time the report has been completed very easily and simply by stating that there had been no work done. Mr. Worthing suggested, rather than fill out the report at this time, it may be-the pleasure of the Council, at-the convenience of the Housing and Home Finance Agency in.Atlanta, that a delegation from Delray Beach,including Consulting Engineers, City Attorney and City Manager, meet in Atlanta and go over the sewer construction plans. Mr. Avery moved that Mr. worthing's suggestion be accepted and a letter be written accordingly. The motionwas seconded byMr. Woodard and carried unanimously. 10. Finance Director Weber requested the Council for approval of an appropriation transfer of ~eneral Liability Insurance, Account No. 910 852 452 .in the .amount of $},000.00 and Workmens Compensation Insurance, Account No. 910 852 434 in the amount of $1,900.00 be transferred to ~ial Sec~rity, AccoSt No. 910 853 4?0, it being so moved by Mr. Avery. The motion was seconded by Mr. Barrow and carried unanimously~ 10.a, The City Clerk presented b£11s for approval as follows= General Fund $ 189,684.21 Water Fund - Operating Fund 45,508.16 Refundable Deposits Fund 3,643.76 Beach Disaster & Improvement Fund 34,999.72 Special Trust Account - First N~tional Bank of.Delray Beach 105,125.20 Sepcial Trust Account - Delray Beach National Bank 55,586.68 The bil~swere unanimously ordered paid-on'motion by Mr. Avery and seconded by Mr. Woodard. The meeting adjourned at 11=40 P.M., by order of Mayor Dietz. R? D. WORTHING City Clerk APPROVED= MAYOR -23- 9-23-63 ~- · ~ THIS AGREEMENT, Made and entered into this day of .... , 1963, by and between PARK VIew MANOR ASS0(]IATION, INCORPORATED~ a Florida corporation, h~after referred to as the owner, and the CITY OF DELRAY BEA~J~, Delray Beaoh, Florida, a mu~icipal corporation, hereinafter referred to as the City~ WITNESSETH: WHEREAS, the Owner is presently constructing a six- ~en unit condominium apartment building, and WHEREAS, it is deemed in the best interests of each party that there be one water meter serving said building, NOW, THEREFORE, in consideration of the mutual pro- mises hereinafter contained, the parties hereto agree as follows~ 1. The Owner will install one two-inch meter to serve said property at the installation rate cus=omarily charged. · 2. The rates, fees and charges to be imposed for water, sewer and garbage collection services to be supplied to the Owner by the City, shall be as follows= a. The Owner shall ~ay the City for water, a minimum monthly charge of $48.00 plus 25¢ per 1,000 gallons in excess of 80,000 gallons per month. It is understood that this is based on the minimum rate of $3.00 per unit per month, and this figure is subject to change proportionately with other future water rate changes throughout the City. b. The Owner agrees to pay to the City for garbage collection, a minimum of $16.00 per month with all garbage receptacles to be located on the ground floor level. This rate is subject to change proportionately with other future garbage collection rate changes throughout the City. ~oo-~ C. The Owner agrees to pay the City for sewer service ' at a rate to be computed for sixteen units in the same manner and on the same basis as sixteen single family residential dwellings. THIS AGREEMENT sba1! be binding upon the successors and assigns of the respective parties. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: PARK VIEW MANOR ASSOCIATION, INCORPORATED ...... By= President ATTEST= Secretary Corporate Seal CITY OF DELRAY BEACH, FLORIDA By: ATTEST: City Clerk APPROVED AS TO City Attorney