11-01-63SpMtg 491
NOVEMBER l, 1963
A special m~eting was held in the Council Chamber~ at 10:00 A.M.,
Friday, November leto 1963, with Mayor Walter Dietz in the Chair,
City Manager Robert J. Holland, City Attorney John Ross Adams, and
Councilmen A1 C..Avery, Emery J. Barrow, ~eorge Talbot, Jr. and
Oliver W. Woodard, Jr., being present ....
Mayor Dietz called the meeting to order and announced that ~ame
had been called for the purpose of further conbideratio~ relative to
providing additional parking facilities in the central business area
and fo= any other business which.may come before the meeting.
An opening prayer was delivered by City Clerk Worthing.
Mayor Dietz suggested, that the entire parking outline as studied
be explained by Mr. Woodard and no vote would be in order until the
Council is satisfied that everything has been explore~.
In reviewing the parking situation, Mr. Woodard ~efeFred to a
report authorized by the Council in 1955 on traffic and parking that
the City paid $3,500.00 for, and as a result of that report had
floated a $110,000.00 bond issue to provide a parking lot and at the
rate of 3% the City .to date had paid $17,490.00 interest on said bond
issue. Mr. woo~ard also referred to a report the Council had author-
ized at a cost of $10,000.0~ prepared by Mr. George Simons, it
being a two volume report which is a comprehensive City plan and .in-
cludes all of the various economic and social factors and projected
growth of the City of Delray Beach. I~ was .s~at~d'by Mr~ wood&rd that
th~ plahs:in that reporthad not been carried out.
Mr. Woodard said the Atlantic Avenue business people are con-
fronted with economic growth primarily from shopping centers, and
that today there ~re well located, available properties the City can
obtain and use for parking, and that the committee consisting of James~
Sinks,'LeRoy Merritt, Kenneth Ellingsworth, James Love, City Manager
Holland, Police Chief Croft, Fire Chief Gregory and himself appointed
on May 2?th, 1963 by the Council had studied this situation thoroughly
and had presented proposals for exchange of properties to the Council
for their consideration.
The Traffic and Parking Committee feels the City-owned property
at S. E. 10th Street is of no benefit to the City and serving no
purpose and as long as an equitable trade could be made, assets that
are not being used could be put to beneficial use and it would be
beneficial to the City at this t/~e to authorize an exchange of prol
potties.
Mr. Woodard read the following letter from the Planning Board,
dated October 29, 1963, as a result of the Council having referred
this item to their Board:
"The Planning and Zoning Board have examined the proposed'matter
in regard to solving the parking problem east of 6th Avenue and
make the following recommendations;
In order to give the City sufficient time to study the
entire Atlantic Avenue parking problem from Swinton
Avenue to the ocean which would include additional
detail study on the proposals already m.~de, including
the King proposal and the Brown-Dodson proposal, we
recommend, as a temporary solution, lease the Vos
property for one year with a non-cancellation clause
until May 1st, 1964 and that all business houses in
the area between 6th Avenue and Patio Delray insist
that all personnel park in the parking lot or at
i92
least one block from Atlantic Avenue.
A'survey ~ade by this Board findsthSt there are
.seventy-seven employees.and employees parking in this
The Boer~ also feels it is not the entire responsi-
bility of the City to provide parking for the merchants
andtheir employees in other words some of the cost
should be borne by the landlordsor property owners.
This recommendation was'approved unanimously by the
Plannlng Board."
Mr. Woodard said he concurred with what the Planning Board had
"~to say-but didn't think it'had been carried far enough, a'nd' referred
to'the City budget which is supported fifty per cent by ~eal estate
taxes, and stated'that the other fifty per cent of'that budget comes
from the economic stability of DelraY Beach, from licenses, fees,
utility and excise taxes, etc. Mr;'woodard referred to the amount
of money that is anticipated from the: Cigarette Taxalone and said
that is the reason he feels the City can, on a sound basis, proceed
to exchange its City-owned propertyand.pay for the cost of paving
the parking lots, because of the. additional revenues into the City
funds from sources other than real estate tax.
Mr. Woodard said he felt the things'the Committee is recommend-
i~g at this time should be put into effect and that these measures
be incorporated in an over-all plan and program that would be a final
solution to the existing parking problems.
Mr.. Woodard mentioned the establishment of a Parking Au~h.ority
.in which the City, property owners and business people could all
contribute to the solution of the parking problem,.'but that same
would have to-be created by the State Legislature which does not
convene agai~ u~til 1965.
Mr. Woodard said the three specific alternatives'that have been
brought before the Council in a temporary solution to the' parking
problem, which the committee feels are sound, would be the exchange
of two pieces of City property and the investigation of the purchase
of a third piece of property and in the meantime the City could lease
the third piece of property with the hope that it 'could be purchased.
this property being the north half of Block 1'24 owned by Mr. Robert
A. Vos. Further, that if this piece of property was obtained he would
like the tennis courts moved to that location which is directly W~st
of the City Park and that it could also be used for parking. Mr.
Woodard read the following proposed lease that had been prepared by
City AttOrney Adams with the intention of forwarding same to Mr. Vos
for his consideration.
Mr. Woodard rea~ and commented on the following letter of October
5th and the proposal for exchange also dateO October 5th, from the
GraceyBrothers=
"Attn= Mr. O. W. Woodard, Jr. Chairman
Off Street Parking Committee
Re= Proposed exchange of properties
in Block 109 for City property
on the west side of $. E. 5th
Avenue south of 10th Street, to
a depth of 150 feet measured
from S. E. 5th AvenUe.
~93
"Pursuant to the request of. both you and Mr. Ken Ellingeworth
we are, as agents for Mess~s. Earl G. Brown, Curtis H. Dodson,
FrankX. Marino and J~ LeRoy Croft, submitting to the City of
Delray Beach, Florida, a proposal whereby the City may acquire
exceptionally fine land forparking purposes 'in exchange for
City owned property at the southwest corner of S. B. 5th Avenue
and S. E. 10th Street in the City of Delray Beach.
Attached hereto is a detailed proposal for the exchange and
asketch showing the subject properties in Block 109.
Of the above ,named property owners only Messrs. Brown and.
Dodson will consider available City property in exchange for
their Highway frontage in Block 109. Messrs. Brown and Dodson
will~ therefore, arrange to purchase the Marino and Croft pro-
perties and either convey them to the City or have t~em con-
veyed directlybyMessrs. Marino and Croft.
It is usual in the exchange of rea~ estate for the broker~who
brings about the transaction to receive full brokerage com-
mission from both parties to.the exchange, the commission being
based upon the market values of the respective lands. Due to
the public service nature'of this transaction, Gracey Bros. has
agreed to waive commission on the lands to be conveyed by the
City of Delray Beach and will receive commissions.'only on the
properties to be conveyed to the City. However, as the City
will receive lands which are appraised-for a value greater
than the property to be conveyed by the City, it is a condition
of~che exchange that the City pay $690.00 of the commission
due Gracey Bros. by Messrs. Brown and Dodson and handle the
legal details through the City Attorney.
The appraisal referred to in the preceding paragrap~ is the
actual market Value appraisal made by the Eric Ahrenborg Co.
for the City Of Delray Beach in 1961, and not assessed val-
uations. As the Eric Ahrenborg Co. did. not appraise, the land
south of 10th Street, the valuation assigned that property is
based upon the Eric Ahrenborg Co. appraisal north of 10th
Street which is obviously, if anything, of greater value.
know of no method more fair or impartial of comparing the
properties involved in the exchange.
It should be pointed out that the Marino property is leased
on a month to month basis. At least 30 days~ notice must
be given the tenant in order to terminate this lease. It is
also important to note that the Marino offer to sell at
~12,500 will expire November 30, 1963.
As soon as the City agrees to the proposed exchange an appro-
priate formal contract can be prepared and executed by
parties concerned. In the meanwhile, it must be understood
that prior sale of any of the. lands involved would nullify the
entire proposal. For this reason it is suggested that the
City of Delray Beach reach its decision as quickly as is.
reasonably possible.
We are sure it is not necessary for us to elaborate upon the
many advantages to the City of the land it will receive. We
know of no other way in which the City could acquire, for
such reasonable consideration, parking on both the north and
south bound lanes of U. S. Highway %10 so near the heart of
the Atlantic Avenue business district. This exchange will
also make possible the highest and best use of the City 40~
lot on §th Avenue which, until now, baa been of but little
use to the City due to its small frontage.
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"The writer will be happy to meet with the City Council, City
A~torne~, or'other representatives of the City at any time."
· - '.."PROPOSAL FOR EXCHANGE OF CITY PROPERTY
ON S. E. 5th AVENUE. SOU~H OF 10th STREET
FOR PARKING AREAS ON S. E. 5th and 8th
AVENUES SOUTH OF ATLANTIC AVENUE.
Messrs. Earl G. Brown and Curtis H. Dodson propose to convey
or have conveyed to the City of Delray Beach the following
properties:
1. 45.53' of frontage on the east side of S. E. 5th
Avenue immediately south of the City 40' parking
lot~ described as, the S. 24' of Lot 8 and all of
Lot 9, Block 109, less the south 42.$' thereof~
subject to an easement for ingress and egress over
the north 11 feet of the south 53.5 feet of said
Lot 9. This easement is for the benefit of the
land to the south now leased t~ County Title &
Abstract Co.
2. The Marino property having 43.2' of frontage on
S. E. 6th Avenue, described as all of Lot 16,
Block 109.
3. The Croft property having 26.33' of frontage on
S. E. 6th Avenue, described as, the N. 26.33' of
Lot 17, Block 109~ subject to an easement for in-
gress and egress over the south 11' thereof. This
easement shall be for benefit ofthe adjoining
land to the south.
In exchange the City of Delray Beach is to convey to. Messrs.
Brown 'and Dodson that property belonging to the City lying
to the south of S. E. 10th Street and to the west of S. E.
5th Avenue having north-south dimension of approximately
306~ and depth of 150' from S. E. 5th Avenue to the west.
COMPARATIVE VALUES BASED UPON MARKET VALUE APPRAISAL MADE
FOR THE CITY OF DELRAY BEACH BY ERIC E~REEBORG CO. IN 1961
PROPERTIES TO BE CONVEYED
TO CITY OF DELRAY BEACH
Property ~1 (Brown & Dodson)
45.53' ~ $228 S10,380.84
Property ~2 (Marino)
43.2' ~ $258.75 $11,178.00
Dwelling 3~358.00 14,536.00
P,Fopert¥ %9 (Croft)
~.~33' ~ $258.75 6,812.89 ~
TOTAL APPRAISED VALUE $31,729.73
Less Dwelling .,: 3~358.00
PROPERTYTO BE CONVEYED BY
CITY OF DELRAY ,BEACH TO MESSRS. BROWN a DODSON.
Land o~ west side of S. E. 5th Avenue south of 10th Street,
based ~ appraised values of S. E. 5th Avenue frontage
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"north of 10th Street adjusted for 150' depth.
N. 50' (inCluding 30%"corner influence)
~'$111.15 $ 5,557.50
256' inside frontage ~ ~85.50 2ii880.00
TOTAL APPRAISED LAND VALUE $ 27,437.50
RECAPITULATION
Appraised value of property to
be conveyed to City $31,729.73
Appraised value of property to b'e con-
veyed to Messrs. Brown and Dodson 27f437.~0
GAIN TO CITY IN PROPERTY VALUE $ 4,292.23
Less appraised value of dwelling 3r~58.00
GAIN TO CITY IN LAND VALUE $ 934.23
CONTRACT BASIS OF EXCHANGE
Properties t9 b9 conveyed to City
Property %1 (Brown & Dodson)
45~53' '~ $330 fr. ft.
($300 fr~ ft.. price paid plus 10%
costs and carrying charges) $15,024.90
Property%2 (Marino)
Actual cost to Brown & Dodson 12,500.00
Property %3 (Croft)
26.33' ~ $250
Actual cost:to Brown & Dodson 6i582.50
$34,107.40
Properties to be conveyed by City t? Brown~~ Dodson
N. 100' (corner) ~ $150 fr. ft. $15,000.00
Next 125' ~ $100 fr. ft. 12/500.00
Remaining 81' ~ $75. f~. ft. 6r075.00
$33;575.00
Gracey Bros., Realtors who brought about this exchange, will
be paid commissions by Marino and Croft in their sales. Flat
fee of $1,380 agreed upon for exchange of BrOwn - DOdson pro-
perty to be divided equally between City of Delray Beach and
Messrs. Brown and Dodson.
OTHER TERMS AND CONDITIONS OF EXCHANGE
1. As the property to be conveyed to Messrs. Brown and Dodson
by the City of Delray Beach is unplatted, the City shall
furnish a certified survey of this land. The transaction
shall be subject to the survey showing north-south dimensions
ofnotless than 305 feet.
2. Each party shall furnish a Title 'Insurance policy to the
.other on .the lands~it conveys.
"3. The entire transaction is subject to simultaneous closing
between the four o~nerships involved. Deeds to the City
shall be Special Warranty Deeds and shall, at the option
of Messrs. Brown and Dodson~ be. either from Messrs. Brown
and Dodson or direct from the various owners to the City.
4. All contracts, deeds and other legal documents shall be
prepared and handled by the City Attorney at the City's
expense."
Mr. Woodard then read and commented on the following letter and
fact sheet from Mr. Ray Bonne11 concerning the King property that
he and H, V. Dally, Inc. had been working on:
"I am enclosing herewith a sketch showing the'parking plan
for the King property. You will notice-that~by parking the
cars with the lines running from east to west, we can get
six to eight more cars, provided the alley is used as a turn
around. We do not recommend this because the plan as laid
out here and approved by Elliott Gross & Associates shows ninety
two cars and is much more practi~al parking lot than it would
be with the lines ru~ning east to west.
I am attaching also a reproduction of the City map showing
the location of the property which consists of 223.9 ft.
approximately on U.S. Highway %1 north.bound, running back
to the alley 130 ft. We are also enclosing a survey map
showing the location of the property on 10th Street between
Federal Highway north and Federal Highway south.
The property on Federal Highway south of course, is ten blocks
south of the main street in Delray, and as you know, the value
of property depreciates rapidly as you go south from Atlantic
AvenUe. In fact, the last sale of any size made in that locality
wes made by Bonne11 Realty, Inc., and .consisted of 175 ft. run-
ning from the corner of 9th street south on the east side of
the Highway. This sale was at $90.00 a foot.
Doubling that for the City property, would be $i80.00 a foot,
having two frontages and 225 ft. deep.
The last property sold near Atlantic Avenue was that on which
the County Title and Abstract building now stands, and that
was sold at $300.00 a foot. That property by the way, was
exactly the same location from Atlantic Avenue as the King
property, and the King property at $300.00 a foot would be
valued at $67,170.00, which shows the difference ~ physical
value on the basis of recent sales which are the only accurate
measurement of value of real estate, of $26,670.00. Add to
this the fill necessary to bring the City property up to grade
which.haS, been estimated at a minimum of:IS,000 yards, at a
cost of 50¢ a yard only, would be an additional expense of
$7!S00.00.
It is my studied opinion that the City is getting very much
the-best end of this deal aa far as physical values are con-
cerned.
Mrs. King will in all probability immediately, develop the pro-
perry south of 10th Street which will immeasurably add to the
City's ~ax ro11.
I trust that this memorandum answers the questions you have
iN mind, and if not, I will be glad to embellish this report
any way you feel necessary."
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497
Mr. Woodardsaid the two realtors involved in this proposed
transaction were so interested in this Project that,~hey.had agreed
to waive'their commission of $6,250.00 so there would be,no charge
to the City in this transaction.
During discussion it was made known that if these =esl estate
transactions were made there would be four bui. ldings tha~ would have
to be removed.
Ther~ was discussion about the location of two of the proposed
parking areas in relation to each other and the best access to them.
Following lengthy general discussion, Mr. Talbot moved that the
Council accept the three propositions presented by Mr. Woodard,
speCifically the composite piece of property, the King piece of pro-
perty and the Vos piece of property and that all of the expense come
from the new capital improvement· fund, the motion being Seconded by
Mr. Avery.
Mayor Dietz said it was his understanding that if the City
leased the vos property and then decided to purchase'same, the
$1,000.00 paid on the lease w0uld apply on the purchase price, and
City Clerk Worthing said that was true.
City Attorney Adams said he felt it was alright to generally
authorize this but all of the parties would have to reduce the terms
and conditions to writing.
Upon call of roll to accept the three propositions, the motion
carried unanimously.
Concerning the Vos property, City Attorney Adams said the lease
submitted was in accordance with a letter the City Clerk had received,
and Mayor Dietz asked if he could have a motion that the-City Attorney
be authorized to'draw·up a lease agreement, in accord&nce with what
,the Council bps understood here today, and it be submitted to Mr.
Vos and if he is agreeable to that this motion will have okayed the
Mayor the right to sign.the lease, it being so'moved by Mr. Talbot.
The motion was seconded by Mr. Barrow and carried unanimously.
City Attorney Adams advised as follows: "On the other two
pieces' of property, there is a Cha~ter requirement that we have to.
publish the terms and conditions which we have to reduce to writing
first. Then we publish that for two weeks before theResolution can
be prepared."
Mayor.Dietz said if the Vos property is obtained then it,can be
put to use while the legality of the other two properties is being
taken care of.
Concerning authorization for publishing the terms and conditions
of the transfers of property, City Attorney Adams commented: "If I
feel, when we have drafted'this, if I feel that all the terms and
conditions are agreeable, then we could go on and publish it and pass
a Resolution authorizing it." It was so moved byMr. Avery. Mayor
Dietz explained that the motion meant that the City Attorney be
authorized to proceed as soon as it was legally.possible to do so.
The motion was seconded by Mr. Talbot and carried unanimously.
City Attorney Adams was advised that there are tenants on both
pieces of property who are subject to thirty days notice, and Attorney
Adams advised the Council that it would probably be sometime in
December before these transactions could be completed.
City Clerk Worth~ng called Council attention to twelve letters
he had received from property owners East of the Intracoastal Water-
498
way stating they appreciated what the Council is doing and asking
that all possible be done to relieve the condition there as pertains
to the sanitary sewer instaXlation. -
Mr. Avery said .the Council had taken positive action concerning
clean-up, etc., on Wednesday night and suggested that Mr. Woodard
reply to each one of these letters.
Mr. WoOdard said he would personally inspect each of the areas
referred to in the letters and answer same.
Mayor Dietz said he felt it ~a~ ti~e, if a contractor does not
move, that the ~ncilby certifi~d.mail declare him.i~ defaul~ and
notify the Bonding Company, and he believed that would get action.
Mr. WoOdard informed the Council he had spent several hours with
the contractors yesterday and that he and the City Manager have plan-
ned a tour of inspection of the sewer project this afternoon, further,
that he and the City Manager plan to tour and inspect the entire pro-
ject at least twice a week and keep the pressure on the engineers
toward getting the work accomplished.
Mr. Woodard informed the Council that some members of the
Planning Board desire to investigate further the feasibility of a
Parking Authority, and asked if the Council had any objection to that
possibility being further investigated.
Mayor Dietz. said he felt it would be alright for them to proceed
with same as a study only and not with the thought that the Council
would take any action on same, to which other Councilmen express,d
agreement.
Mr. Talbot said as far as he was personally concerned he '
did not intend to approve of any payments to the sewer project con-
tractors submitted to the Council on any work ~hat is done or pro-
posed until the streets are in shape.
Mayor Dietz reported that Mr. Daniel Neff had Btud~ed thesewer.
contract very carefully and says that if th~ Council.takes some action
they will get action.
City Manager Holland commented as follows: "I understood Wednes-
day night at the~ Council meeting when I requested Mr. Woodard remain
on this Board, ! feel that if he conti~ues in his capacity there,
with the program we have set up now that he and I both agree With,
also the resident engineer, that there will be no digging until they
clean up and wi11 be the answer to get out and be situated by December
first, except in one short session of time, agreeing with the con-
tract."
Mr. Nathan Sharp informe~ the Council that establishment of a
Parking Authority was an excellent idea ae the town would someday
probably become large enough to require further parking provisions
'and a PaTking Authority could do some financing if it became necessary.
City Clerk worthing informed the Council that the next regular
meeting would be held on Tuesday, November 12t~ inasmuch as Monday is
a holiday. Mr. Woodard moved that the regUlar Council meeting of
November llth be changed to November 12th, the motion being seconded
by Mr. Barrow.and unanimously carrie~.
Mr. Jim W~sOn, Chairman of the ~erchants committee of the
Chamber of Commerce, said they were deeply appreciative and grateful
for the fine constructive action taken, this morning concerning park-
ing, and the merchants would like to go on record as being most
11-1-63
appreciative of the fine job that Mr. Woodard has done" .
The meeting adjourned at 11:40 A.M. by order of Mayor Dietz.
R. D. ,WORTHING
City ~Clerk
APPROVED =
MAYOR