10-22-63SpMtg 0C%~BER 22, 1963
A special meeting was held in the Conference Room at 10~00 A.M.,
Tuesday, October 22, 1963, with Mayor Walter Dietz in the Chair, city
Manager Robert J. Holland, City Attorney John Ross Adams, a~d Council-
men A1 C. Avery, Emory Ji Barrow, George Talbot, Jr., and Oliver W.
~oodard, Jr. being present.
An opening prayer was delivered by City Clerk Worthing.
Mayor Dietz called the meeting to order and turned the floor over to
Mr. Woodard.
Mr. Worthing informed the Council that as a result of the closing of
a portion of N. E. 7th Avenue, he received several calls Saturday from
residents of N. E. 1st Court who were experiencing difficulty getting
to and from their homes. Having referred this problem to Mr, George
Switzer of Russell & Axon, he received calls from tWo of the residents
the following day, who expressed their appreciation for the extreme
courtesy and service given them by Mr. Switzer in providing for immedi-
ate ingress and egress to 7th Avenue from their properties on 1st Court.
Mr. Woodard stated he had asked that the Mayor call this meeting for
the purpose of discussing proposed changes in the sewer project, some
of which require immediate action and others for the Council's infor-
mation. He then read a letter from Russell & Axon, dated October 22,
1963, concerning these changes, and asked that after the entire letter
was read, each item be discussed and acted upon separately.
(Copy of this letter is attached to and made a part of the official
copy of these minutes.) (See Pag®s 468-A th~ou~h468-I)
It was pointed out that if the Council approves all the changes
recommended by Russell & Axon, a net saving of $3,451.00 wo~ld be
effected.
Item No. 1 - "Lateral IA, West end City Service property south of
S. E. 4th Street. This easement has been obtained and the lateral will
be installed in accordance with original plan.' .....
Mr. Woodard advised this problem has already been solved and was
brought to the Council's attention for their information. He said this
is also true of Item No. 13. Mr. Steinhilper stated this item was
covered by a recent letter to the City and concerns a two block portion
of 7th Avenue from N. E. 1st Street to S. E. 1st Street, which was
omitted from the original plans and specifications. Mayor Dietz asked
who was responsible for this omission. Mr. Steinhilper replied that at
the beginning of the project, a preliminary report was submitted to the
City covering all the houses to be serviced. This report was approved
by the City with the line on 7th Avenue being omitted. The line north
of Atlantic Avenue to 1st Street will serve property, but no houses,
but the line south of Atlantic will serve three houses. In the letter
submitted by Russell & Axon to the City concerning this omission, it
was advised that this addition would be economically %unsound. Mayor
Dietz then asked if the information' given Russell & Axon by the City
showed that this area was not sewered. Mr. Steinhilper stated the
city's information showed that the area was covered by the existing
sewer line in the alley behind the houses on the west side of 7th Ave-
nue. The Mayor asked for clarification on this and Mr. Steinhilper
stated the houses on the west side of 7th Avenue are serviced by the
existing sewer system, but not on the east side, and to the best of his
knowledge, this information was not furnished Russell &Axon by the
City. He further stated that it would be economically unsound to in-
stall a line at this time for just three residences, tha~ the line could
be installed at any time. Mayor Dietz said he didn't feel that any
area inside ~the overall project should be left unsewered and asked for
a motion to include this area in the project, it being so moved by Mr.
10/22/63
464
Talbot, seconded by Mr.. Avery and carried unanimously.
..I~em No.~ 2 - "~ateral 6-D-3, EaSt of S. W. 5th Avenue and South of
Atlantic Avenue. Easement cannot beobtained from Ivy.
P~COMMENDATION: Obtain. construction easement of an additional 5' from
Brown & Dodson and inst~ll lateral 6-D-3 as originally planned. Fail-
ing this, attempt to get easement from property owner A. Ouince and
install lateral from S. W. 4th Avenue."
After dSscussion, Mr. Talbot moved that Russell &Axon's recommenda-
tion be accepted. The motion was seconded by Mr. Barrow and carried
unanimously.
Item No. 3 - "Lateral 18A-i-D-2, Salins Avenue from Atlantic Avenue
South. Froposed easement-shown on plan is encumbered with pavement,
walts, trees, patios and is not likely to be obtained.
RECOMMENDATION= a. Eliminatenorth-south portion of Lat. 18A-i-D-2.
b. Serve Erny's, the Arvilla and New Monmouth from an eastward exten-
sion.of Lat. 18A-I-D-2, obtain extension of easement for this purpose.
c. Serve Del Sol and Bermuda Inn p~operties from a lateral extending
eastward, from Lat. 18-A-1-D in Salina Avenue, through the alleyway
between Del Sol and Bermuda Inn properties. Obtain easement for this
purpose."
Following discussion, a motion was made by Mr. Talbot that the
C~uncil .accept' Russell & Axon's recommendation concerning Item' No. 3.
The motion was seconded by Mr. Woodard and carried unanimously.
Item No. 4 - "Lateral 18A-1-C. Eastward from Lat. 18A-1, Andrews
Avenue, north of Atlantic Avenue.
RECOMMENDATION: Seacrest Hotel is presently served by existing system
and can be connected to Lat. 18-A-1 if so desired. Eliminate 18A-l, Co"
Following discussion, Mr. Avery moved that Russell &Axon's recom-
mendation be accepted. The motion was seconded by Mr. Talbot and
carried unanimously.
Item No. 5 - "Lateral 18A-1-B. Eastward from Lat. 18A-1 Andrews
Avenue and north of Atlantic Avenue. Original easement cannot be ob-
tained. The cottages may be replaced by hotels, motels or apartments
in the near futurel
RECOMMENDATION.: Owner extend system within this property to a service
line from Lat. 18A-1 in Andrews Avenue and .at a later date either the
City or the owner install such sewer laterals as may best serve the
future development of the property."
Mr. 'Talbot moved that the engineers' recommendation be accepted,
deleting the following: "and at a later date either the City or the
owner install such sewer laterals as may best serve the future develop-
ment of the property." The motion was seconded by Mr. Barrow and
carried unanimously.
I~em No. 6 - "Lateral 18-A-1-A. The D. Talbot property fronting on
North Ocean Boulevard has no direct access to Lateral 18-A-1.
RECOMMENDATION: Obtain easement to install Lat. 18-A-1-A to serve this
property."
Mr. Talbot, who controls that property, stated he would prefer the
lateral on Andrews Avenue be extended to his property line and he would
provide for connection of his system. A motio~ was made by Mr. Avery
and seconded by Mr. Barrow that the Talbot property receive one lateral
from Andrews Avenue to the lot line. Upon call of roll, Mr. Avery, Mr.
Barrow, .Mayor Dietz and Mro Woodard voted in favor of the motion and
Mr. Talbot abstained.
There was lengthy discussion concerning the property, owned by
Dorothea Galvi~,.adjoining Mr. Talbot!s ocean front lot. Mr. Avery
stated he felt Miss Galvin should be given the same opportunity as Mr.
Talbot, to give an easement to bring the sewer line to her property
facing the ocean. It was~pointed out that Mr. Talbot's property
composed of two separate lots whereas Miss Galvin owned just one lot
-2- 10/22/63
and that to only~dW~ecti'on, lat her'
Mr. Avery given an opportunity, to be heard'on this.'
matter and moved that th~ lateral be taken tOMiss]GaIvin!s property
line but with the directionto city personnel involved that if there.
is any resistance, Miss Galvin be given an opportunity, to be heard by
the Council, before the'contractor proceeds. Mr.'Barrow seconded the
motion.
In further discussion of this matter, Mayor Dietz pointed out that
Miss Galvin's situation is different from Mr.~ Talbot's in that she has
one separate lot-and further, that the only reason' this matter, came up
was that the original plans called for a line to be run up b~tween'Mr.
Talbot's and MissGalvin's property, to serve Mr. Talbot's ocean front ..~
lot. He f~rther stated that since Mr. Talbot wished to connect his
system to the lateral on Andrews Avenue, there was, no necessity for'an
easement or for 'Miss Galvin to be contacted. Mr. Avery and Mr. Barrow
withdrew their respective motion and second.
Item No. 7 - "Main 8. South of Atlantic Avenue and West of Canal
Street. This easement cannot be obtained.
RECOMMENDATION: a. Stores on Weir property facing on Atlantic Avenue
are presently served by septic tanks in rear of buildings~ Install
service line from Main 8 in Canal Street to Weir property line and let
owner connect to this service line.
b. Serve Cottinghamproperty from La~. 8-B as indicated on plans.!'
After discUssion,' ~. Woodard moved that Russell & Axon's recommen-
dation be approved. The m6tion was seconded by Mr. Barrow and carried
unanimously.
· Item No. 8 - "Lateral 6H-2. West Atlantic Avenue from N. W.,Sth'
Avenue to N. W. 9th Avenue. Proposed widening of.West AtlanticAVenue
makes the location of. Lat~ 6-H-2 undesirable in its proposed location.
;~ECOMMENDATION: a, Terminate Lat. 6-H-2 at north property line of
propertyfacingon the north side of Atlantic Avenue. Obtain easements
zlong this line to permit installation of sub-laterals to serve these
properties fromthe rear.
b. Serve properties on south side of Atlantic AVenue from'easementS
along-the rear of these properties or through a'~edicated alley if such
alley exists."
Following discussion, Mr. Barrow moved that the engiheers'~'recommen~
dation ben'approved. The motion was,seconded by Mr~Avery a~carried
unanimously.
Item No. 9 - "Lat. 5-E-2. In alley west of 6th. Avenue and 'Crossing
'~:4~th Avenue north of N. B. 8th Street to a11ey~east of 6th~Avenue. Ease~
~ents cannot be obtained to permit this inStallatio~ as originally
proposed.
RECOMMENDATION= Obtain easements along the west side of'.'6th Avenue to
permit the inSt~llat~0~ of Lat. 5-E-2, from the point of proposed cros-
sing of 6th Avenue, Sbutherly to 7th Court where it would connect to,
Lat. 2A. This would also permit the elimination of that, portion of
Lat. 2A, in 7th Court and in the alley north of 7th Court."
The Council was informed that the recommended' easements have been
obtained, that this item was brought-up because the original-easements
were not obtainable, necessitating a change in the plans. ~A motion was
made by Mr. Avery and seconded by Mr. Talbot that the engineers' recom-
mendation be accepted. Upon call of roll, the motion carried unanimous-
ly.
Item No. 10 - "Lat. 17D. West of Gleason Street and north of Ingra-
ham Avenue and Lat. D-1 Ingraham Avenue and South Ocean Blvd. Proposed
easement cannot be obtained and-properties in Cocoanut Road have no
direct means of service. The properties on A-1-A ,have septic tanks in
rear and would require an excessive depth of sewer to be served from
this street.
RECOMMENDATION: a. Obtain easement through Cocoanut Road, a private
road, to permit installation of lateral to serve properties facing on
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i~:CoC0anut Road and also properties on A-1-A. Eliminate Lat. 17D-1 from
' lO0' west of South Ocean Blvd. to South Ocean Blvd. and in South Ocean
Blvd..north of IngrahamAvenue.
?'b. Eliminate Lat. 7D, as shown on plan, pending future development of
S'adjacent properties."
.After discussion, Mr. Woodard moved the engineers' recommendation be
approved,' the motion being seconded by Mr. Avery and carried unanimous-
ly. The motion and second were modified to cover only Item No. 10 (a).
Concerning Item No. 10 (b), Mr. Avery moved Russell & Axon's recommen-
dation be accepted. The motion was seconded by Mrs, Talbot and carried
unanimously.
Item No. 11 - "Lateral 7A, in alley north of S. E. 4th Street and
west of S. E. 7th Avenue. Easement cannot be obtained for that portion
of this lateral extending from S. E. 4th Street to the southerly lot
line of the Phill~'..ps and Mosteller property.
RECOMMENDATION: Obtain an easement along the southerly lot line of
Phillips and Mosteller property and extend Lat. 7A eastward through
this easement to connect to Main 7 in S. E. 7th Avenue."
A motion was madeby Mr. Avery and seconded by Mr. Talbot that the
engineers' recommendation be accepted. Upon call of roll, the motion
carried unanimously.
Item No. 12 - "Lateral 18F. Harmon Court north of Laing Street.
Easement cannot be obtained to extend lateral north of the northerly
end of Harmon Court. There is a letter on file indicating that the
owner of this property is satisfied to have the sewer terminate at this
point.
RECOMMENDA?ION: Terminate Lat. 18F at northerly end of liarmon Court."
The Council was advised that this lateral was to serve-two separate
lots, both owned by a Mr. Tuller. Mr. Tuller will not give an easement
to carry the lateral on through to serve his second lot. Mayor Dietz
pointed out that if Mr. Tuller ever sold the lot which is not serviced,
the new owner would not be able to connect onto the system without an
easement from Mr. Tuller. Mr. Avery asked the City Attorney if it were
possible to register a statement on the deed of the unserviced property~
indicating this situation. City Attorney Adams replied that the City-
might obtain a contingent easement which would be in effect only if the
property were sold. Mr. Woodard stated there wasa solution to this
problem under Item No. 19 (f) and asked that this matter be taken up
then.
Item No. 14 - "Ocean Outfall opposite Master Lift Station on east
bank of Intracoastal Waterway. Easement cannot be obtained to install
outfall pipe as shown on plans. '
RECOMMENDATION: Re-design this portion of outfall pipe to remain curl
side of private property."
A motion was made by Mr, Avery and seconded by Mr. Talbot that the
engineers' recommendation be approved. Upon call of roll, the motion
carried unanimously.
Item No. 15 - "Force Main 917, from north end of MacFarlane Drive to
Atlantic Avenue. Easement cannot be obtained.
RECOMMENDATION: Install Force Main %17, in Miramar Drive from MacFar-
lane Drive to Venetian Drive and then north along the west side of
Venetian Drive to Atlantic Avenue connecting to outfall at approximately
station 10 + 25."
Mr. Avery moved that the engineers' recommendation be accepted. The
motion was seconded by Mr. Talbot and carried unanimously,
Item No. 16 - "Lat. 2C and Lat. 2C-1 in alley west of 5th Avenue and
scutch of N. E. 4th Street. Easement cannot be obtained.
RECOMMENDATION: Obtain easement adjacent to westerly right-of-way line
of 5th Avenue (U. S. 1-Southbound) for Lat. 2C and use dedicated alley
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Force ~ '- ~
InstalI
~pposite N.
main V through p~0perty at this
Mr ! moved that the.
~ec°nded'by Mr. Talbot and
Item No, .18 ~ "Lat. i?H, 'South~OceanBouleva=d
Casuarin~ ~ad.. septic tanks for properties'a~ong"S
(A,i-~A) ~'~nrearof property a~d too '1ow'.~to,dra~n
without '~&e~sive cover or use of. pu~s~
exception to this in t~at the septic tank. i~
~operty and sewage is'pUmped to this' ~o£nt~'~'
'~¢~DATION=. a~ Eliminate'Lat. 1~ tn~ S~
Cas~kina Road' from South Ocean ~B~vd. 'to 'a
West' 6~ ' -' , 'line of~ South Ocean~!Blvd,
b. obtain 6 eas.twa=d
16t line~ between 'Robb~ ns and 'WOOdrUff~
Gantner properties in'South Oce~
c. Serve Lanikai property'fmom La~.~i?G.
Offlows Within this ,ermit
lng by the,owner. Some ~consulta'
is adv,isab,le'~nthis case.
.d. Wiison an~!~Weir properties on. Shulson Stree~ can
i?F."
Follow£ng discussion, a~motion'was made.,by Mr. Talb
by Mr. Avery that the engineers! recommendat£o~
of roll,' the motion carried unanimously.
Item No. 19 - "L~t. 18C,.Thomas Street,
Ocean Boulevard'and in North~Ocean Boulevard sou'
Lat. 18C~, 'North ocean Boulevard north of ThomasStreet~
Vista Del Ma~ ~rOm Andrews Avenue
Ocean'B0uleva~d'~north of'Vista DelMar. Portions
North:Ocea~'Bo~l~Vard do ~ot~cOnform to
ap~earlh~ghl~,,i~robablethat,easements could be
ti0~s a~e'~la~e~and fenced~'although legaliY
and in general ~he slope of'land-is such thatthe~
efficiently- Ser%~d by 'Main~ '%18 ~ in: Andrews :Avenue.
REcoMMENDATION ~~' 'a~ Eliminate' Laterals i. 18C~ and:~lSCl,
b'. Obtain easements fromMo~abe ~O
Main 18 to serve MCNab property on' North ocea!
c. Obtain easement from Fairfax of Hollywood or Johnson to
gates from Andrews Avenue.
d. Obtain additional easement or construction easement from Cummings
and Beggs to serve Cummings.
e. Eliminate Lat. 18E in Vista Del Mar from approximately 140 feet
wes= of North Ocean Boulevard to North Ocean Boulevard and in North
Ocean Boulevard.from Vista Del Mar to-Laing Street.
f. Install portion of Lat. 18E in North Ocean Boulevard from La~ng
Street to Kimberly property-and in Laing Street to connect to Lat. 18F
at Harmon Court."
Concerning 19 (b), Mayor Dietz was authorized to write to Mr. McCabe
-5- 10/2~/~
ing set-
care of
the Tu ller
~at~the engi-
)any
was<se( Carried unanimous-
"Sezwice to Robert F'leming, Lots ~ and ~ facing on
Ave~ue.~and alley east of 4th Avenue
tha~no service, had been installed fo= Lot ~9
Avenue. The property facing in 'S. E. !0th Street is divi-
~two~parcels,.Lot~ and Lot~. Flemings were interviewed by
~tor and it appeared tO be, agreed that Fleming~ would give ease-
permit service to Lot ~ Late~ Flemings refused
~easement.
Make further effort to obtain easement. Failing this,
~ to S. E. 10th Stree~ and install a 6" line west on S. E.
~et to Lot ~" ~
onWasmade by Mr. Avery and seconded by Mr~/W°oda~ that the
be approved. '%~pon call of"~oll, ~he mo{ion
discussion concerning Item No. 6 (~eorge Ta~b0~
! agreed to defer this matter to another meetiag.
Station No. 18 on Andrews Avenue, Mr. St~inhilper
that the ~arryPepper Company, the'~ontractor on
~un. in=o difficulty which will cause a delay in completion
the engineers estimate that this work cannotbe com~
~November 15th. Mr. Avery moved that 'the Council.recog-
~.acceptengineers' estimate of November 15th on
The'motion.was se~°ndedby Mr~ Woodard and
)erasked for signatures of the Mayor,'.City Manager and
ge~orderlfrom Barbarossa & Sons for~pavement re-
paving, Mayor Dietz stmted that when .~he City got
:imate on cost of repaying, it was in the neighborhood
On.a recent progress report, it states that 1/3 of the
~been~completed by Cleary Bros, and Barbarossa, which'amounts
to Only $4,000, He said there must havebeen something, radically wrong
Dietz-<statedthat the matter of pavement replacement should, be investi-
gated.again with the thought in mind of repa. v~ng ~on~p~etel¥ all streets
~here!S&Wershavebeen installed at a cost,,Whi~'~0~ablywoUld not
'exceed$20T000.~Mr. Steinhilper stated ~hat .the original estimate was
~between$'32,000~and $40,000 a~d-if the Co~Cil sO directed, the en.,gi-
neers would work up a new estimate which would cover all streets where
laterals have been put in. It was-so moved by Mr. Woodard and seconded
by Mr. Talbot. Upon call of roll, the motion carri~d.<unanimously.
The meeting adjourned at 12:18 p.m. by order ,of Mayor Dietz~
~ , . R.D. WORTHING
, ' City Clerk
APPROVED: ~
M A ¥ O R -6- 10/22/63
con~aot~
CC:
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