03-24-75 MARCI{ 24, 1975
A regular meeting of the City Council of the City of De!ray
Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday,
March 24, 1975, with Mayor James H. Scheifiey presiding, and Acting
City Manager Mark C. Fleming, City Attorney Roger Saberson, Council
members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Ron I.
Sanson, IV, present.
1. The opening prayer was delivered by Rev. J. D. Edwards of St.
Paul's A.M.E. Church of Delray Beach.
2. The Pledge of Allegiance to the Flag of the United States of
~erica was given.
3. The minutes of the regular meeting of March 12, 1975, were
unanimously approved, as amended, on motion by Mrs. Krivos and seconded
by Mr. Randolph. Mr. Gent requested the address of Mr. Irwin W. Kresser
be corrected and that Mr. Gent's vote on Item 8.b. (Resolution No.
16-75) reflect that he abstained.
4.a. Mr. Gent stated Chapter 29 "Zoning" has never been codified
since it became law on November 24, 1972, on the advice of the City
Attorney due to pending changes. Mr. Gent requested the Zoning Ordinance
be codified.
4.b. Mr. Gent asked that the memorandum from Mr. Reid concerning
local noise programs be discussed at workshop.
4.c. Mr. Sanson requested an update on the parking signs on State
Road A-1-A. The City Attorney stated there would be a resolution pre-
pared for the next regular Council meeting regarding the regulation of
parking during the hours discussed at workshop.
4.d. Mr. Sanson reported the newspapers have stated that Lethal'
Yellowing has been declared an epidemic in Boca Raton, indicating over
500 trees are infected. He requested the City continue its efforts to
combat Lethal Yellowing in Delray Beach.
4.e. Mr. Sanson stated several weeks ago, Council suggested the
Community Appearance Study Committee consider preparing a new Sign
Ordinance.. He reported the Committee, by unanimous vote, offered to
prepare a sample ordinance for the Community Appearance Board. He
stated it would probably be a minimum of six months before the Board is
set up and the Study Committee felt it would be beneficial to prepare
a Sign Ordinance prior to this time. Mr. Sanson reported the me~3ers
of the Study Comm~.~t~ are as follows: Mr. Tore Wallin - Chairman; ~r.
Herbert Bernenko; ~irs. Ct{arlotte Durante; Mr. Ken Boerner; and Mr. Ron
Sanson. The two alternate members are Mr. Reginald Harris and Mrs.
Frances Frey. Mr. Sanson reported these members have studied many of
the sign ordinances of surrounding areas and felt the Con~ittee co~ld
prepare an ordinance prior to the formation of the Community Appearance
Board. Mr. Randolph moved the Community Appearance Study Committee under-
take the preparation of a Sign Ordinance after their April 5, 1975 dead-
line to complete the formation of the Community Appearance Board,
seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr.
Gent - Yes; Mrs. Krivos - Yes; ~. Randolph - Yes; Mr. Sanson - abstain;
Mayor Scheifley - Yes. The motion passed with one abstention.
4.f. Mayor Scheifley read a Proclamation proclaiming March 31
through April 5, 1975, as Poppy Days sponsored by t~:e Veterans of Foreign
Wars, Post No. 4141.
5.a. Mr. Frank Ellis, 553 Jaeger Drive, Delray Bc~ch, suggested
the City include in the monthly water bills a notice advising citizens
of the new garbage and trash pick-up program. Mayor Scheifley requested
the Acting City Manager make a note of this for discussion by the City
Administration.
5ob. Mr. J. Watson Dunbar, 50 ~ .... ~ Road, Delray. Beach, stated the
k.~..~cr inn plans to convert a portion
newspapers had reported the Spsn~sh ~-'-~.
of their building to a nursing hom~ facility. He asked Council if this
type of operation is permissible un~r ~h~ present ordinance. Mayor
Scheifley reported the ow~er$ of Spanish River inn were considering con-
verting the top 'three floors into a nursing home and that the legality
of such action un~er the ordinances woul~ have to be researched. Mayor
~Scheifley requested Mr. Tore Wallin to research the matter.
6.a. The Acting City Manager reporte~ he had received ~ co~unica-
tlo=-~' from the Veterans of Foreign Wars requesting permission to solicit
funds from March 31 ~hrough April 5, 1975. The Solicitation Committee
has approved the request. Mrs. ~ivos moved to grant the Veterans of
Foreign Wars permission to solicit from M~rch 31 through April 5, 1975,
seconded by Mr. Randolph, said motion passing unanimously.
6.b. Acting City Manager ~ ~ '
~lemmng reported it is recommended.that
Council approve execution of the City-School Board Agreement with
respect to the community school program being operated in Delray Beach ~'
for the 1974-75 fiscal year. The School Board has also requested approval
for a similar agreement for the 1973-74 fiscal year inasmuch as the pro-
gram was operated on an informal basis without an executed agreement for
that period. It is recon~ended that execution of such an agreement also
be approved. The City's share of the program is $8,000 for each year
and the funds are budgeted in the current budget. ~. Gent moved that
Council approve the agreements with the Board of Public Instruction of
Palm Beach County for the 1974-75 and 1973-74 fiscal years, seconded by
Mr. Randolph. Mr. Sanson questioned where the $8,000 appears in the
budget. The City Attorney reported the money for 1973-74 has already
been paid and the 1974-75 money is budgeted; he also reported the con-
tracts are in order. The City Clerk was requested to have Mr. Weber,
Finance Director, contact Mr. Sanson concerning where the funds appear
in the budget. The motion passing unanimously.
6.c. The Acting City Manager state~ the firm of Arthur V. Strock &
Improvement Trust Fund of the State of Florida for permission to construct
a bulkhead and fill adjacent to 302 Venetian Drive in which connection
one of the qualifications for eligibility for receiving such approval
is that the Delray Beach City Council either grant approval or offer no
objection to the'installation of said bulkhead. Acting City Manager
Fleming stated he was in receipt of a letter from Mr. Strock showing 11
departments consenting to the construction of said bulkhead. The bulk-
head lies entirely on the property involved and will be parallel with
the old bulkhead on the south end of the property. The Acting City
Manager recommended the motion include the proviso that no damage be
done to the City's existing drainage facilities near the north end of
this location. Mrs. Krivos moved that the proposed bulkhead and fill
for F. C. Albershardt at 302 Venetian Drive, Delray Beach, Palm Beach
County, as outlined in the memorandum of Arthur V. Strock & Associates,
Inc., subject to the existing drainage at the north end of the property
not being damaged, be approved, seconded by Mr. Sanson, said motion ~
passing unanimously.
6.d. Acting City Manager Fleming stated in compliance with Chapter
15 of the City's Code of Ordinances, the list of parcels of land in vio-
lation of the City's nuisance laws is enclosed herewith. It is recom-
mended the City Clerk be directed to comply with Chapter 15 of the Code,
as applicable, in order to provide for abatement of the nuisances deter-
mined to exist. Mrs. Krivos moved that Council comply with Chapter 15
of the Code of Ordinances, that the conditions found by the City Ad-
m~nl~z~on be d~~d a nuisance and that thc nuisance be abated,
seconded by Mr. Gent, said motion passing unanimously.
6.e. The Acting City Manager reported the term of J. Arnold Carter
as a member of the Civil Servmce Board expires April 1, 1975. It is
recommended that Council reappoint Mr. J. Arnold Carter for a term of
four years. The vacancy created by Patrolman Collins' resignation will
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3-24-75.
'53
be filled shortly by election of the~ity employees as provided by
the Civil Service Act. Mr. Sanson moved for the reappointment of Mr.
J. Arnold Carter to the Civil Service Board for a term of four years
with an effective date of. April 1, 1975,~seconded by Mrs. Krivos. Mrs.
Krivos questioned why the vacancy created by Patrolman Collins' resigna-
tion, effective January 1, 1975, had not been filled. Mr. J. Arnold
Carter explained the position must be filled by election by the City
employees. The Board felt if nothing of great importance came before
the Board between the resignation of Patrolman Collins and the regular
election, the Board could operate with four members. If a situation
had arisen, i.e., a hearing, the Board would have requested a special
election. Mr. Sanson pointed out at the meeting when Mr. Collins
resigned, a unanimous recommendation was passed by the Board that the
Council, as quickly as possible, review the Civil Service State Law,
which has not been done. Mayor Scheifley asked the Acting City Manager
to place this item on the list for discussion at the next workshop
meeting. Mayor Scheifley requested the City Attorney to contact Mr.
Joseph Collier and the City Manager to discuss the possible revision of
the'Civil Service Law, which would have to be changed through legisla-
tive action. Mr. Sanson requested that the City Manager give Council,
at a workshop meeting, a brief, up-to-date report on the grievance
systems within the City. Mr. Randolph requested the City Attorney to
contact appropriate departments in Tallahassee to eliminate possible
duplication in effort on the Civil Service revisions. The motion to
reappoint Mr. J. Arnold Carter passed unanimously.
7.a. The Acting City Manager stated he had received a call from
Mr. Arthur V. Strock requesting that this item be removed from the
agenda. It originally called for the necessary aerial photographic
work for the beach nourishment project at an estimated maximum cost,
including associated field control work, of $6,000. Mr. Randolph moved
that Item 7.a. on the agenda be tabled, seconded by Mr. Gent, said
motion passing unanimously.
~a~ Acting City Manager Fleming presented Resolution No. 18-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION
OF A CONTRACT TO MAINTAIN THE INTERIOR AND EXTERIOR
OF THE CITY'S TWO ELEVATED WATER STORAGE TANKS AND
TOWERS FOR A PERIOD OF TWELVE ~EARS, CITY OF
DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 18-75 is attached to the official
copy of these minutes.)
This resolution awards a City contract for elevated water
tank maintenance for two tanks to Hercules Tank & Iron Works, Butler,
Alabama in the amount of $36,000, or $3,000 per year for twelve years.
Funds for this contract work are provided in the budget. Mrs. Krivos
moved for the passage of Resolution No. 18-75, seconded by Mr. Sanson.
Mrs. Krivos asked that the City Manager specify from where in the budget
the funds will be taken. Mr. Randolph requested a more detailed explana-
tion of the work involved in this contract; Mr' Sanson also requested.
such an explanation. Upon roll call, Council voted as follows: Mr.
Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Sanson - Yes;
Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote.
8.b. The Acting City Manager presented Resolution No. 19-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACC~PTIN~ CERTAIN SANITARY
SEWERS INSTALLED ON IBIS DRIVE IN THE SUBDIVISION
OF TROPIC PALMS BEING CITY SEWER PROJECT NO. 74-
918, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE
OF RATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR
THE SERVICES AND FACILITIES FURNISHED BY SAID
SANITARY SEWERS.
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3-24-75.
(Copy of Resolution No. 19-75 is attached to the official
copy of these minutes.)
It is recommended that Resolution No. 19-75 accepting the
sanitary sewers ill Tropic Palms on Ibis Drive be approved as operational.
Mr. Gent moved for the adoption of Resolution No. 19-75, seconded by
Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes;
Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley-
Yes.
8.c. Acting City Manager Fleming presented Resolution No. 20-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF
A CONTRACT TO FURNISH AND INSTALL A BACKSTOP AND
FENCE AT THE BALL PARK LOCATED AT TEEN TOWN RECREA-
TION CENTER AT N.W. 13TH AVENUE AND N.W. 2ND STREET,
CITY OF DELRAY BEACH, FLORIDA, AS SHOWN ON DRAWING
NO. 3-6-75-DB.
(.Copy of Resolution No. 20-75 is attached to the official
copy of these minutes.)
The Acting City Manager recommended the contract for the con-
struction of a fence and backstop at the ball park located at Teen Town
Recreation Center at N.W. 13th Avenue and N.W. 2nd Street be awarded
to the low bidder, Fence Builder of South Florida, in the amount of
$6,199 by passage of Resolution No. 20-75. Funding is to be with
Federal Revenue Sharing Funds as provided in Resolution No. 57-74 adopted
on September 9, 1974. Acting City Manager Fleming stated the 12 foot
fence from the backstop is 110 feet in length with additional fenced-in
areas for the players (approximately 320 feet). A landscaped area will
surround the parking lot and seepage areas will be provided. Mr.
Randolph moved for the adoption of Resolution No. 20-75, seconded by
Mr. Gent. Upon roll call, Council voted as follows: Mr.. Gent - Yes;
Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley-
Yes.
8.d. The Acting City Manager presented Ordinance No. 3-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELP~Y BEACH, FLORIDA, A~IENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, AS AMENDED, RELATING TO REQUIRED PAYMENTS
FOR PARKING SPACES IN THE CENTRAL BUSINESS DISTRICT;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE.
(Copy of Ordinance No. 3-75 is attached to the official copy
of these minutes.)
The Acting City Manager read the caption of the ordinance.
Passage of this ordinance is recommended by the Downtown Development
Authority and the Planning and Zoning Board.
A Public Hearing was held, having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach. The City Attorney explained one of the problems
encountered in the Central Business District is that the merchants could
not locate the required parking in the area when they planned to 'expand
their businesses; this would preclude their expansion because of the
requirements in the present ordinance. This ordinance enables the
merchants to make a financial payment in lieu of providing parking spaces;
the Downtown Development Authority will use these funds to purchase
parki~g areas in different locations in the City.. The Public Hearing
was closed.
Mr. Sanson moved for the passage of Ordinance No. 3-75 on
second and final reading, seconded by Mr. Randolph. Upon roll call,
Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Ran-
dolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes.
8.e. Acting City Manager Fleming presented Ordinance No. 9-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 10,. LAKE
SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
AND PROVIDING FOR THE ZONING THEREOF.
The Acting City Manager read the caption of the ordinance.
This ordinance would annex Lot 10, Lake Shore Estates (Lake Drive),
subject to R-1AA zoning. Mrs. Krivos moved for the passage of Ordi-
nance No. 9-75 on first reading, seconded by Mr. Gent. Upon roll call,
Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr.
Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes.
9.a. Acting City Manager Fleming reported the Planning and Zoning
Board at a meeting held on March 18th recommended by unanimous vote .
that the regulation with regard to the hours of operation of a business
in the CC (Community Commercial) District and SC (Specialized Commercial)
District be rescinded. This recommendation concerns the desire of
Denny's Restaurant to engage in a 24-hour-a-day operation at the Delray
Mall. The City Attorney stated if the restriction on hours is removed
from the ordinance, any business in these zoning Classifications could
operate 24 hours per day. Mr. Mickael Brinkley, attorney representing
Denny's Restaurant, 2881 E. Oakland Park Blvd., Ft. Lauderdale, Florida,
reported the request of Denny's Restaurant is simply to remove the
restriction on hours, as recommended by Dr. Bartley and the Planning
and Zoning Board, from the Community Commercial Zoning District. He
further stated the only area zoned Community Commercial in the City
at present is the Delray Mall and there are no hours restrictions on
any other business categories other than Community Commercial and
Specialized Commercial. Mr. Brinkley reported Denny's Restaurants lease
all o~ their sites and the lease with ~. Cningos for property in the
Delray Mall has been in effect approximately eight or nine months. Mr.
Chingos has notified Denny's Restaurants that they must take some action
by April 2, 1975 or he would cancel the lease. ~. Brinkley pointed out
the property under lease by Denny's Restaurant is surrounded by a mobile
home park, a motel, a rock crushing plant and the parking lot of the
Delray Mall, and could not be construed as a detriment to the health,
welfare and/or safety of the City of Delray Beach. ~. Jerry West,
Denny's Restaurant Real Estate Department, stated specifically that
Denny's Restaurants are family-type establishments and in no way resemble
truck stops nor would they be conducive as local gathering places for
young people. Mr. Tore Wallin, Chairman of the Planning and Zoning
Board, stated the Planning and Zoning Board does not believe restrictive
hours belong in any zoning ordinance in the City. Mr. Randolph ques-
tioned if Council approves the recommendation of the Planning and Zoning
Board, what other options Council has in controlling hours of operation
in the future. The City Attorney replied a use-by-use study would have
to be conducted and if a business operated in such a manner that it
disturbed the surrounding area and the citizens therein, the business
hours could be regulated by the City's nuisance laws. Mr. Brinkley
pointed out that most of the business areas in the City that are not
bordering on major arteries do not have restrictions on their hours of
operation and they remain closed during the night by choice. Mr. Frank
Steele, 117 S.E. 29th Avenue, Boynton Beach, presented a petition to the
City Council signed by the merchants of Delray Mall; the petition, read
as follows:
"To: The City Council of Delra~ Beach
From: The Merchants of the Delray Mall
Subj: Denny's Restaurant
Honorable Council:
Be it resolved that the undersigned merchants of the Delray
Mall hereby request the City Council of Delray Beach to act
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3-24-75.
favorably to the request of Denny's ReStaurant in order
that the residents and merchants of Delray may have a
public place in which to enjoy a meal either day or night.
We feel the City of Delray is in grea~ need of this type of
facility and further feel that Denny's would be an asset for
the City, its residents, and for the Mall itself.
Thank you for any consideration given this request~~ "'~ ~ ~'~'
sd/ 26 merchants in Delray Mall"
Mr. Herbert Bernenko, representing the Beach Property Owners'
Association, spoke against allowing Denny%s Restaurant to remain open -
24 hours per day. The Beach Property Owners' Association Board of
Trustees at a recent meeting passed a resolution as follows:
"RESOLVED: that the Beach Property Owners' Association
is opposed to granting Denny's Restaurants or any other
similar group any special privilege to remain open 24
hours a day as not being in the best interests of the
City as a whole. Granting the request of the petitioner
would open the city to many problems of an unforeseen
nature."
He stated the objections were based on principle rather than zoning.
Mr. Brinkley replied by stating Denny's Restaurant was not asking for
special privilege of any kind, but rather were requesting that they
be treated as any other business in other zoning classifications. Mr.
Terry Sullivan, 1605 N.E. 3rd Avenue, Delray Beach, spoke in favor of
having a family-type 24-hour-a-day restaurant in the area. Mr. Gent
stated he felt the time limits should be removed from the ordinance
and that any problem arising from such action could be covered under
Sections 17-19 and 17-20 (Loud and Unnecessary Noises). He stated he
was in' ~vv~ ......v~ a ~=°~ ~ .... a ~ ...... ~=~=~ ~ Krivos ~~ sh~
felt the time limitation should be removed and that the restaurant is
proposed for a location that would not disturb surrounding residents.
Mr. Randolph stated he appreciated the views of Dr. Bartley and the
position of Denny's Restaurant; however, he did not wish to see any
business in Delray Beach open 24 hours since, he felt it would be condu-
cive to persons gathering and loitering, especially younger people.
Mr. Sanson stated Denny's Restaurants was a good chain, in his opinion,
and could contribute to the citizens of Delray and tourists in the area.
He expressed some reservation in granting blanket 24 hour operation
for businesses in the area. The City Attorney stated that at any time
Denny's Restaurant operated in a manner that constituted a public
nuisance, Council could restrict the hours. Mayor Scheifley asked the
opinion of Chief Cochran insofar as the Police Department might control
the situation, if necessary. Chief Cochran stated he was familiar with
Denny's Restaurants and felt it to be a g.ood operation; he further
stated this could create a place for people to congregate. It also
creates a place for policemen and others to eat during the night. He
said if Council decides it is good for the City, the Police will patrol
the area and maintain proper atmosphere. 5~. Brinkley reiterated tha~
to be fair and treat all businesses in the same manner, the same
restrictions should be imposed on all businesses in the City. Mr.
Brinkley requested Council to decide, as expeditiously as possible,
what action they will take. Mr. Gent moved that City Council follow
the recommendations of the Planning and Zoning Board and direct the
City Attorney to prepare an amendment to the CC and SC Zoning Districts
in the Zoning Ordinance to eliminate any reference to hours of operation,
seconded by Mrs. Krivcs. ;~pon roll call, Council voted as follows:
Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Sanson - Yes;
Mayor Scheifley - Yes. The motion passed with a 4 to 1 .vote.
9.b. The Acting City Manager reported the Planning and Zoning Board
at a meeting held on November 19, 1974, recommended by a vote of 5 to 2
that the parcel of land in Sections 29 and 32, Hidden Valley, located
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3-24-75.
west of the Florida East Coast Railroad between the C-15 Canal and
Lindell Boulevard be rezoned from RM-20 (Multiple Family) to RM-10
(Multiple Family) Dwelling District. A sketch depicting the property
was shown. Dr. Cusumano stated he had been working on bringing this
property up to building grade for 10 years and his plans were based on
RM-20 Multiple Family Dwelling zoning. He outlined the preparations,
which he stated were extremely costly, and asked that the RM-20 zoning
remain in effect. The City Attorney rendered an opinion that zoning is
not guaranteed. Mr. Gent moved that Council sustain the recommendation
of the Planning and Zoning Board to rezone the subject property from
RM-20 to RM-10 Multiple Family Dwelling district, seconded by Mr.
Sanson, said motion passing unanimously.
9.c. Acting City Manager Fleming reported the Planning and Zoning
Board at a meeting held on March 18th recommended by unanimous vote
(with one member absent) that the site plan be approved with respect
to construction and remodeling the sanctuary of the First Presbyterian
Church located at 24 Bronson Street. it was ascertained that all City
requirements have been met and the site plan has been approved by all
necessary bodies of the City. ~v~. Sanson moved that the recommendation
from the Planning and Zoning Board be sustained, seconded by Mr. Ran-
dolph. Upon roll call, Council voted as follows: Mr. Gent - Yes;
Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley-
Abstain. The motion passed with one absention.
.h0. The following Bills for Approval were unanimously approved
on motion by Mrs. Krivos and seconded by Mr. Gent.
General Fund ............ $242,713.56
Water and Sewer Fund ........ 161,319.87
Cigarette Tax Fund ......... 12,328.75
'Utility Tax Fund .......... 60,000.00
Improvement Trust Fund ....... 71,298.58
Beach Restoration Fund ....... 266.26
The meeting was adjourned at 9:55 P.M.
MAYOR
3-24-75.
RESOLUTION NO. 18-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF
A CONTRACT TO MAINTAIN THE INTERIOR AND EXTERIOR
OF THE CITY'S TWO ELEVATED WATER STORAGE TANKS AND
TOWERS FOR A PERIOD OF TWELVE YEARS, CITY OF DELRAY
BEACH, FLORIDA.
WHEREAS, it is the recommendation of the City Manager that the
City Council, acting by authority of provisions of Section 78 of the City~
Charter, award a contract to maintain the interior and exterior of the
City's two elevated water storage tanks and towers for a period of twelve
years, City.of Delray Beach; and,
WHEREAS, of the six quotations solicited, only one was submitted in
the amount of:
Hercules Tank & Iron Works $36,000
Butler, Alabama
American Tank & Tower Co. No Bid
Japlin, Missouri
State-Wide Tank & Tower, Inc. No Bid
Des Moines, Iowa
Odom Tank Co. No Bid
Marianna, Florida
The Leary Construction Co., Inc. No Bid
Greenfield, Indiana
Security Tank & Tower Corp. No Bid
Henderson, Kentucky
WHEREAS, the City Public Utilities Department certifies the quoted
price to be reasonable and in line with current prices, and the City
Manager recommends that the City of Delray Beach enter into a contract
with Hercules Tank & Iron Works, Butler, Alabama, to maintain the interior
and exterior of the City's two elevated water storage tanks and towers
for a period of twelve years, which company submitted the Only bid in the
amount of $36,000.00; and,
WHEREAS, it is the Council's opinion that the award of this contract
would be in the best interest of the City, -
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That said contract to maintain the interior and exterior
of the City's two elevated water storage tanks and towers for a period of
twelve years be awarded to Hercules Tank & Iron Works of Butler, Alabama,
in the amount of $36,000.00.
SECTION 2. That this contract shall.be funded with money from
buageted funds in the Public Utilities Department.
PASSED AND ADOPTED in regular session on this 24th day of March,
1975.
ATTEST: 7/' ' M AU'Y ~ R
zqz:
.~/ City- Clerk
58A
RESOLUTION NO. 19-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING CERTAIN SANITARY
SEWERS INSTALLED ON IBIS DRIVE IN THE SUBDIVISION
OF TROPIC PALMS BEING CITY SEWER PROJECT NO. 74-
918, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE
OF RATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR
THE SERVICES AND FACILITIES FURNISHED BY SAID SANI-
TARY SEWERS.
WHEREAS, the City Engineer has certified as operational all sanitary
sewers and related facilities as shown on the plans for Sewer Project No. 74-
918 as prepared by the City Engineering Department; and,
WHEREAS, said sewer project will serve Lots 144, 145, 146, 147, 148,
151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165,
166, 167, 168, 169, 172, 173, 174 and 175 on Ibis Drive in the Subdivision
of Tropic Palms; and,
WHEREAS, it is deemed to be in the best interests of'the affected pro-
perties that the initial schedule of rates, fees and other charges to be
imposed for the services and facilities furnished by the sewer system, as
set forth and contained in Resolution No. 1359, and in Article III, Sanitary
Sewerage, Chapter 27, of the Code of Ordinances of the City, are to become
effective the first day of April, 1975.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray
Beach, Florida, as follows:
1. That all sanitary sewers and related facilities installed under
City Sewer Project.No. 74-918 are hereby accepted by the City as being
operational and the initial schedule of rates, fees and other charges pre-
viously established, and applicable thereto, shall become effective April 1,
1975.
2. That nothing herein contained shall be construed as discharging the
contractor from the s~ict performance of his remaining contractual duties.
That the contractor, ~nd~hif bonding companies, remain responsible in all
respects until released in accordance with his contractual agreement.
PASSED AND ADOPTED this 24th day of March , 1975.
ATTEST:
city Clerk
5BB ~
RESOLUTION NO. 20-75.
A RESOLUTION OF THE CITY COUNCIL OF TItE CITY OF
DELRAY B~CH, FLORIDA, AUTHORIZING NEGOTIATION OF
A CONTRACT TO FURNISH AND INSTALL A BACKSTOP AND
FENCE AT THE BALI, PARK LOOXTED AT TEEN TO%\~ RECREA-
TION CENTER AT N.W. 13TH AVENUE AND N.W. 2ND STREET,
CITY OF DELRAY BEACH, FLORIDA, AS SHOWN ON DRAWING
NO. 3-6-75-DB.
WHEREAS, it is the recommendation of the City Manager that the Coun- -'
cil, acting by authority of provisions of Section 78 of the City's Charte]
award a contract to furnish and install a backstop and fence at the ball
park located at Teen Town Recreation Center at N.W. 13th Avenue and N.W.
2nd Street, City of Delray Beach, Florida, as shown on Drawing No. 3-6-75--
DB; and,
WHEREAS, of the four quotations requested~ only two were submitted in
the amount of:
Delra¥ Fence Company $9,666.89
Delray Beach, Florida
~. Fence Builder of South Florida 6,199.00
Plantation, Florida
Bill Overton's Budget Fence Company No Quotation
West Palm Beach, Florida
Fence Contractor No Quotation
Delray Beach, Florida
WHEREAS, the City Engineering Office certifies the quoted prices' to
be reasonable and the City Manager recommends that the City of Delray Beach
.enter into a contract with Fence Builder of South Florida, Plantation,
Florida, to furnish and install a backstop and fence at the ball park
located at Teen Town Recreation Center at N.W. 13th Avenue and N.W. 2nd
Street, City of Delray Beach, Florida, as shown on Drawing No. 3-6-75-DB,
which company submitted the lowest quotation in the amount of $6,199.00;
and,
WHEREAS, it is the Council's opinion that the award of this contract
would be.in the best interest of the City,
NOW, THEREFORF~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIoA,~AS ~OLLOWS:
SECTION 1. That said contract to furnish and install a backstop and-.
fence at the ball park located at Teen Town Recreation Center at N.W. 13ti
Avenue and N.W. 2nd Street, City of Delray Beach, Florida, as shown on
Drawing No. 3-6-75-DB, be awarded to Fence Builder of South Florida, Plan-
tation, Florida, in the amount of $6,199.00.
SECTION 2. That this improvement shall be funded with money from
the Federal Revenue Sharing Fund.
PASSED AND ADOPTED in regular session on this the 24th day of March,
1975.
ATTEST:
~ ~ j City Clerk
58C
ORDINANCE NO. 3-75.
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, AS AMENDED, RELATING TO REQUIRED PAYMENTS
FOR PARKING SPACES IN TF~ CENTRAL BUSINESS DISTRICT;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE.
WHEREAS, the Downtown Development Authority has recommended the
revision of certain provisions of Chapter 29-6.3. CENTRAL BUSINESS
DISTRICT (CBD); and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
has determined that such revisions should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the Code of the City of Delray Beach, Florida,
Chapter 29 "Zoning", Sub-section (3) (d) of Section I, be amended to
read as follows:
(d) All e~e~-~e~ others ~a~-p_~e~e one (1) space
for each three-hundred (300) square feet, or frac-
tion thereof, A~ ~ .... ~
~_ ~ t~ floor area.
payments hereinafter mentioned for the nu~er of
parking spaces necessitated bV this ordinance sh~ll
not apply to existing structures, but only for new
construction and additions to existinG structures.
In computing the in-lieu payments for addit.$Qns,
only the enlarged area shall be considered in ar-
riving at the cost per parking space.
SECTION 2. That the Code of the City of Delray Beach, Florida,
Chapter 29 "Zoning ", Section J, be amended as follows:
(1) If it is ~mpossible to provide the required nu~er of off-
street parking spaces, the owner if he so desires, may pay
into the Downtown Development Authority a sum of money to
be determined herein. Such payment shall be in lieu of the
parking requirements of Sec. 29-6.3(I)(3). This provision
shall not be applicable to dwelling unit projects.
~ ~e-ee~-~e~-p~~-~ee-~h~-be-~he-%~-~-~-~e
(2) The cost per parking space shall be computed as follows:
The square footage of the land shall be divided into the
Palm Beach County assessments on such land, excluding~
provements. This square foot assessment fij~ure shall then
be multiplied by two-hundred (200) for each parking area
required, but shall be at least eight-hundred (800) dollars
per space for newly constructed buildings and one-thousand
(1,000) dollars per space for additions.
58D
/
.~m-Be&eh-~%y-~es.~me~-~e~-~eh-~z-eRe~g
(3) Payment shall be made before ~ certificate of occupancy is -
issued.
SECTION 3. That all ordinances or parts of ordinances in conflic
herewith be and the same are hereby repealed.
SECTION 4. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
PASSED AND ADOPTED in regular session on the second and final
reading on the 24th day of .March .... , 19 75 ·
Cityj~lerk
First Reading. February 24, ~975
Second Reading March 24~,...1975
- 2 -
Ord. No. 3-75