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02-26-73 FEBRUARY 26t 1973 A regular meeting of the City Council of the city of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M. on Monday, February 26, 1973, with Mayor James H. Scheifley presiding, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and Council members Grace S. Krivos, J. L. Saunders, Leon M. Weekes and O. F. Youngblood present. The opening prayer was delivered by Dr. G. W. Phillips of the Greater Mount Olive Baptist Church of Delray Beach. 2. The Pledge of Allegiance to the Flag of the United States of America was given. The minutes of the regular meeting of February 12, 1973 and the special meeting of February 14, 1973 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Youngblood. 4.a. Mr. Weekes reported to Council that the black olive trees in front of the City Hall appear to be dying and requested that some- thing be done to repair the condition of the trees. 4.b. Mr. Weekes informed the Council that the papers had reported that the Department of Transportation said any portion of 1-95 not under contract on July 1, 1973 will be subject to a full environ- mental impact statement from the Federal Government which could delay construction of those segments not presently under contract by as much as 18 months to 2 years. He further stated that if this is allowed to occur, it is very possible that the completion of 1-95 will not be accomplished at all. Mr. Weekes expressed deep concern about this situation and requested Council to pass a Resolution urging completion of this project as promptly as possible. He sug- gested directing the Resolution to all of our Federal representatives, the Department of Transportation and anyone else who might have jurisdiction in the matter. Mayor Scheifley stated this would be put on the agenda of the next workshop meeting. 4. c. Mr. Youngblood reported to the Council that the County is attempting to combat Sickle Cell Anemia in Palm Beach County. He stated that Mrs. N. E. Cobbs, with two children stricken with the disease, had enlisted his support in Delray Beach to attempt to screen all children from one year up to determine whether or not the traits are present. He pointed out that while the disease strikes primarily the black race, it also affects the white race. On March 20th at the Adult Center Recreational Hall, representatives will present a movie depicting the disease and the work being done to combat it. At that time, there will be a guest speaker from Washing- ton who will speak on the subject and provide a question period. During the last of March, machines will be brought to the South County Complex under the auspices of the Red Cross and other similar organizations to screen the children of the. area in a prevention program. 4.d. Mayor Scheifley explained the construction in the Council Chambers was due to complaints received that the City Manager and City Attorney could not be seen or heard well. Consequently, arrangements are being made to rectify this for the benefit of the public. 4.e. Mayor Scheifley congratulated Mr. Mariott on being elected a Director of the Florida Shore and Beach Preservation Association in Tallahassee. 5oa. Mrs. Dorothea Montgomery questioned the status of moving a mailbox on Venetian Drive previously brought up to Council. Mr. Mariott stated the authorities investigated the request and deter- mined it should not be moved. In answer to Mrs. Montgomery's questioning of who the authorities were, Mr. Mariott replied his report had been received from the City Engineer. He stated he would check on the matter and send Mrs. Montgomery a full detailed report. Mrs. Montgomery complained about the parking of recreational vehicles on Ocean Boulevard and other areas. She also complained about the mode of dress of persons leaving the beach area. Mayor Scheifley referred the above matters to the City Manager. 6.a. The City Manager brought up the reappointment of Mrs. Eleanor Gringle as a regular member of the Board of Adjustment and Mr. James L. Love, Jr. as an alternate member. Mr. Weekes moved that the matter be referred to Council workshop, seconded by Mrs. Krivos and passed unanimously. 6.b. The City Manager announced the following bids have been received for the extension of water and sewerage facilities to serve the International House of Pancakes, N.E. llth Street right-of-way extended, plus areas north approximately to 14th Street, and the 5-story Epic Corporation Building on Linton Boulevard. Bidder Bid Gulfstream Construction Co., Inc. $15,918.50 West Palm Beach, Florida Lyons Construction Company $20,589.00 Pompano Beach, Florida The City Manager recommended that Council authorize the awarding of the contract to the low bidder, Gulfstream COnstruction Company, Inc° in the amount of $15,918.50. Mayor Scheifley questioned the payment by the City of the entire ~mount required to furnish sewage service to Epic. Mr. Mariott replied that this was due to the fact that Epic met the 20 to 1 ratio required by the City. Considerable discussion followed concerning the prorated payment for the water main extension by the customers and the city. This was explained by the City Manager and Mr. Christison, Director of Public Utilities, who informed the Council that it is City policy for the city to pay for the first 50 lineal feet of a water main extension with the customer paying $1.00 per lineal foot for each foot over the initial 50 lineal feet. This does not indicate the actual cost per lineal foot which explained the apparent discrepancy in total cost to the City. Mr. Saunders moved that the City accept the bid from Gulf- stream Construction Company in the amount of $15,918.50, seconded by Mr. Youngblood and passed unanimously. -2- 2-26-73 6.c. The City Manager presented Resolution No. 9-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE OPENING, GRADING AND PAVING OF THAT PART OF S. W. 7TH AVENUE FROM S. W. 6TH STREET SOUTHWARD TO MEET THE EXISTING PAVEMENT APPROXIMATELY 300 FEET SOUTH OF S. W. 7TH STREET. (Copy of Resolution No. 9-73 is attached to the official copy of these minutes.) The City Manager stated adoption of this Resolution would authorize proceeding with the project. All affected property owners have been notified of the public hearing to be held tonight. A public hearing was held, having been legally advertised in compliance with the Charter of the City of Delray Beach, and there being no objections to the proposed improvements, Resolution No. 9-73 was unanimously passed and adopted on motion by Mr. Young- blood and seconded by Mr. Weekes. 6.d. The City Manager recommended the approval of Supplemental Agreement No. 5 (Change Order) in connection with the construction of the City's new water plant which has now been completed. Mr. Mariott stated there were some additions and subtractions to the contract covered by the Change Order which result in a net addition to the contract of $2,868.00. Mrs. Krivos moved for the approval of Supplemental Agreement No. 5 (Change Order), seconded by Mr. Saunders and passed unanimously. (Copy of Supplemental Agreement No. 5 (Change Order) to Intercounty Construction Company contract is attached to the official copy of these minutes.) 6.e. Concerning a survey of parcels of land in violation of the City Nuisance Laws, the City Manager recommended that Council authorize the City Clerk to provide for the abatement of the nuisances in question in compliance with Chapter 15 of the City's Code of Ordinances. Mr. Youngblood so moved, seconded by Mr. Saunders, and the motion was unanimously carried. (Copy of the Nuisance List is attached to the official copy of these minutes.) 7.a. The City Manager reported having received a request from the Rev. Harold Norman for a permit to erect a tent for purposes of holding a revival at 1023-1027 W. Atlantic Avenue for the period from March 5th through March 19th. All city requirements have been met. Mr. Weekes moved for the approval of the erection of a tent for a revival, seconded by Mr. Youngblood and passed unanimously. 8.a. The City Manager presented Resolution No. 8-73. A RESOLUTION MAKING APPROPRIATIONS OF SUMS OF MONEY FOR EXPENDITURES FROM THE FEDERAL REVENUE SHARING TRUST FUND OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 27TH DAY OF FEBRUARY, 1973, TO THE 30TH DAY OF SEPTEMBER, 1973; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO TPIE ITEMS OF APPRO- PRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL -3- 2-26-73 RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION, AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 8-73 is attached to the official copy of these minutes.) The city Manager reported that Council at its January 22nd meeting determined the allocation of $156,000 in Revenue Sharing Funds for the following improvements: Beach parking lot, storm drainage construction, Teen Town improvements, construction of bicycle paths, construction of storage addition at the Civic Center, and repairs to Teen Town pool. The requirements of this act include the adoption of a budget, and the holding of a public hearing, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. Mayor Scheifley declared a public hearing during which the following persons presented their views and objections to the pro- posed Resolution. Mrs. George Andress, 126 Gleason Street, Delray Beach, spoke from the floor objecting to the proposed parking lot on the beach. She contended it would lower property values, attract undesirable elements, destroy open space, i.e., trees, etc., create pollution, traffic congestion and noise. Mr. Watson Dunbar, representing the Beach Property Owners' Association, questioned the ingress and egress on Gleason Street. He stated it would relieve congestion on Gleason Street if cars entered and exited. On A1A. Mayor Scheifley asked the City Manager if the Engineering plans had been finalized. Mr. Mariott replied they had not, but the preliminary plans do show access from the parking lot to Gleason Street. At present, the routing of the traffic is indefinite. Mrs. Dorothea Montgomery questioned the plans for beautifying the parking lot. Mayor Scheifley replied that the Beautification Committee is working on the project. Mrs. Montgomery then asked if plans have been made for low lighting on the parking lot providing for safety, and still be agreeable with the neighbors. Mayor Scheifley informed her that the plans had not been finalized, but this factor will certainly be ~taken into consideration. Mrs. Montgomery offered the opinion that perhaps the answer would be one-way traffic; south- bound on Venetian and northbound on Gleason. Mayor Scheifley asked Mr. Mariott if the effect of additional parking on A1A would help to induce the Federal Government to pro- vide more funds to restore the beach. The City Manager replied it definitely would be a factor. Mayor SCheifley stated this would be an overriding factor since restoring the beach is the number one priority at the present time. Mr. Wendell Jewell, representing Sherwood Park Civic Asso- ciation, stated that the residents of this area west of town are in complete agreement with the provision of additional parking. Considerable discussion and explanation followed concerning the Beach Erosion PrOject. -4- 2-26-73 Mr. Saunders asked for a breakdown of the $347,000 figure involved. The City Manager stated the $347,000 estimated revenue was arrived at by adding three figures together: the $197,438 we have already received from the Federal Government; by adding the revenue sharing funds that we estimate will be received by the City during the balance of this fiscal year; and by the additional small amount of interest money that we expect to receive in the balance of this fiscal year in investments. Mayor Scheifley commented on the bicycle paths. As a result of Mr. Dunbar's letter to the members of the Property Owners' Association, t-he City received about fifteen letters stating opposition to the location of the bicycle path on A1A. However, an equal number of letters were received with much greater sentiment expressed supporting the bicycle paths on A1A; these letters repre- sented groups from The Penthouse of Delray, Court of Delray, Coastal House of Delray and others on A1A. The unanimous sentiment of the Beautification Committee is in favor of the paths. Mayor Scheifley continued by stating this is only the first step in the network of the bicycle paths and as the City receives further Federal funds periddically, the City will probably appropriate an equal amount until the whole network is complete, so it does not matter where the project begins. The plans are available showing east-west arteries and north-south arteries to hook up with Boca Raton and Highland Beach. It is the considered judgment of those who have worked on this project that the greatest need is on A1A. Mayor Scheifley declared the public hearing closed. Mr. Saunders moved for the adoption of Resolution No. 8-73. Mr. Youngblood seconded the motion which passed unanimously. 8.b. The City Manager presented Resolution No. 10-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE ASPHALT RESURFACING OF CERTAIN STREETS. (Copy of Resolution No. 10-73 is attached to the official copy of these minutes.) Resolution No. 10-73 was passed unanimously on motion by Mr. Youngblood and seconded by Mrs. Krivos. 8.c. The City Manager presented Ordinance No. 2-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 29-6.1 (c) (2), CHAPTER 29 OF THE CITY'S CODE. OF ORDINANCES BY ADDING PET SHOPS AND PET GROOMING TO CONDITIONAL USES. (Copy of Ordinance No. 2-73 is attached to the official copy of these minutes.) 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, and there being no objections to Ordinance No. 2-73, said Ordinance was unanimously passed and adopted on second and final reading on motion by Mrs. Krivos and seconded by Mr. Weekes. -5- 2-26-73 8.d. The City Manager presented Ordinance No. 3-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION 29-5 (G) (4), CHAPTER 20 "ZONING" OF THE CITY'S CODE OF ORDINANCES PERTAINING TO THE SETBACKS OF SINGLE FAMILY RESIDENCES IN THE RM-10 AND RM-15 ZONING DISTRICTS. (Copy of Ordinance No. 3-73 is attached to the official copy of these minutes.) 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, and there being no objections to Ordinance No. 3-73, said Ordinance was unanimously passed and adopted on second and final reading on motion by Mr. Youngblood and seconded by Mr. Saunders. 8.e. The City Manager presented Ordinance No. 4-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION 15C-7 (b), CHAPTER 15C "LANDSCAPING" OF THE CITY'S CODE OF ORDINANCES PERTAINING TO A REDUCTION OF COST OF PERMIT FEE FOR BLACKTOP OR PAVING. (Copy of Ordinance No. 4-73 is attached to the official copy of these minutes.) The City Manager stated the only effect of this Ordinance would be to change the initial paving fee for each additional one thousand square feet from $2.00 to $1.00 which is in line with surrounding areas. Mayor Scheifley stated a survey had been con- ducted which indicated the present charge is high considering the fees of our neighboring cities. 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, and there being no objections to Ordinance No. 4-73, said Ordinance was unanimously passed and adopted on second and final reading on motion by Mr. Saunders and seconded by Mr. Youngblood. 9.a. The City Manager presented a report from the Planning and Zoning Board which recommended that Council approve the final plat of Lakeview Subdivision. A sketch was displayed showing the loca- tion of the property and the City Manager stated all requirements have been met. Mr. Youngblood moved to sustain the recommendation of the Planning and Zoning Board. The motion was seconded by Mr. Saunders and passed unanimously. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mrs. Krivos and seconded by Mr. Saunders. General Fund ............ $401,210.76 Water and Sewer Fund ........ 185,200.97 Cigarette Tax Fund ......... 22,402.50 Refundable Deposits Fund ...... 111,960.00 Improvement Trust Fund ....... 39,060.81 -6- 2-26-73 10.bl. Mayor Scheifley informed the Council that Delray Beach has been granted the dredging permit and the State Cabinet has approved the erosion control line for the Beach Restoration Project. Both actions were taken unanimously and with full cooperation of the menfbers of the Cabinet. 10.b2. The City Manager presented Resolution No. 11-73. A RESOLUTION OF Tt~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUI~TY AND THE CITY OF DELRA¥ BEACH FOR BEACH EROSION CONTROL PROJECT IN T~tE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 11-73 is attached to the official copy of these minutes.) " The City Manager informed Council of the agreement between the 'City and County for maintenance of the beach. The County Commission recently authorized entering into a contract between the County and the Corps of Engineers for the maintenance of the beach for a period of ten years, contingent upon a City-County agreement outlining the responsibilities and obligations of both the City and the County with regard to the maintenance program. Agree- ment has been reached with the County Attorney's office today. Mayor Scheifley stated this agreement called for the County Commission to budget $80,000 per year on an accrual basis to put sand on the beach each year plus some equal or greater amount from the Federal Government at no cost to the city. Mr. Youngblood moved for the adoption of Resolution No. 11-73, seconded by Mr. Saunders and passed unanimous ly. 10.b3. City Manager Mariott reported he had received a copy of the plat for the beach erosion control project. After approval by the City Council, the plat must be forwarded to Tallahassee for approval by the State Cabinet and then will be recorded in the public records of Palm Beach County. Mr. Mariott requested that the plat be referred to the Planning and Zoning Board for recommendation. Mr. Saunders moved the plat be referred to the Planning and Zoning Board, seconded by Mr. Youngblood and passed unanimously. 10.b4. The City Manager informed Council that the Department of Transportation is to hold a public hearing at the Palm Beach County Courthouse~Wednesday, February 28, at 2:00 P.M. Sometime ago, Mr. Ramos attempted to obtain funds 'for construction of an additional rock rubble revetment south of the one built by the Department of Transportation. This was impossible due to time, planning and engineering limitations and Mr. Ramos was asked if the Department of Transportation might consider allocating $250,000 for the pro- tection of A1A and then transfer those funds to the City of Delray Beach for the Beach Restoration Project. Mr. Ramos is amenable to this and his office has recommended that a representative from Delray Beach appear at the meeting on Wednesday to make this request. The City Manager recommended that this be approved by Council. Mr. Weekes moved that the City Manager petition the Department of Trans- portation for the appropriation of $250,000 to be applied toward the Beach Restoration Project in lieu of protection of A1A at their public hearing at the County Courthouse on Wednesday, February 28. The motion was seconded by Mr. Youngblood and passed unanimously. 2-26-73 56 10.b5. The City ~anager reported that Attorney John H. Adams has requested the City to vacate N.E. 7th Court between 6th Avenue and 7th Avenue on behalf of a group of clients. He recommended that this be referred to the Planning and Zoning Board. Mrs. Krivos moved that the matter be referred to the Planning and Zoning Board, seconded by Mr. Weekes and passed unanimously. 10.b6. City Manager Mariott informed Council that a representative of the Department of Transportation had met with him to discuss the 1-95 right-of-way. He mentioned the possibility of adverse environ- mental impact. At a previous meeting with Council, state representa- tives, several civic groups and Department of Transportation repre- sentatives, discussion was held during which a proposal was made to use land or;ned by the Department of Transportation on West Atlantic for relocating some of the last replacees. After the meeting, it was suggested that an exchange of land be made between the Department of Transportation land and City land located in the northwestern part of the City. The Department of Transportation would now like to have , another joint meeting this Thursday, March 1, at City Hall at 8:00 P.M. All members of Council are urged to attend and members, of the Housing Authority and other key persons will be contacted. 'It is also recommended that a workshop meeting be held prior to this meeting at 7:00 P.M. It was unanimously agreed to meet with the Department of Transportation officials at 8:00 P.M. at the City Hall and to hold a workshop meeting at 7:00 P.M. on March 1. 10.b7. Mr. Weekes reported that a good bit of sand has accumulated on the beach during the last ten days. He questioned whether or not this would allow the expansion of more beach than originally planned. The city Manager replied this would have to wait until the project was begun. The meeting was adjourned at 8:50 P.M. City APPROVED: MAYOR 56A RESOLUTION NO. 9-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEAC%I, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE OPENING, GRADING AND PAVING OF THAT PART OF S. W. 7TH AVENUE FROM S. W. 6TH STREET SOUTHWARD TO MEET THE EXISTING PAVE- MENT APPROXIMATELY 300 FEET SOUTH OF S. W. 7TH STREET. WHEREAS, the City Council of the City Of Delray Beach, Florida, did on the 12th day of February, 1973, by Resolution No. 5-73, determine to proceed with the opening, grading and paving of that part of S. W. 7th Avenue from S. W. 6th Street Southward to meet the existing pavement approximately 300 feet south of S. W. 7th Street; and WHEREAS, the Resolution providing therefor has been duly published as required by the City Charter, together with a notice that objections to said improvement would be 'heard; and WHEREAS, no sufficient objections have been made to such proposed improvement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, that the City Manager be and he is hereby instructed to proceed with the opening, grading and paving of. that part of S. W. 7th Avenue from S. W. 6th Street southward to meet the existing pavement approximately 300 feet south of S. W. 7th Street, according to the plans and specifications heretofore filed with the City Clerk, and a copy thereof filed in the office of the City Manager and kept open for the inspection of the public. PASSED AND ADOPTED in regular session on this the 26th day of February, 1973· / MAYOR ATTEST: City Clerk 56B CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA PROJECT NUMBER 6469-5 WATER WORKS IMPROVEMENTS SECTION I - WATER TREATMENT PLANT SUPPLEMENTAL AGREEMENT NO. 5 CHANGE ORDER and between the City of Delray Beach, Palm Beach County, Florida as party of the FIRST part, and Intercounty Construction Corporation, as party of the SECOND part, as being a supplement to a certain Contract by and between the parties aforesaid, dated the 30th day of March, 1971, for the construction of Water Works Improvements, Section I, Water Treatment Plant in the City of Delray Beach, Palm Beach County, Florida. WITNESSETH: I. WHEREAS in the construction of the above subject Water Works Improvements Project, it has been determined that the party of the FIRST part desires to make certain additions, deletions, alterations or substitutions to the contract, outlined as follows: a. Substitute a latex base [Moorgard) paint for the glazed wall finish specified on the interior walls of the pipe gallery. b. Substitute 2" PVC pipe. for rubber tubing in conduit for post-chlorination line. c. Add concrete curb around perimeter of island East of Control Building. 56C d. Substitute "Bitter Blue" sod for "Centipede" for approximately $000 square yards area as specified,. e. Substitute a seed mixture of 65% Bahia - 55% Bermuda for the 50%-50% mixture as specified. f. Add two sets reinforced concrete steps at North , entrances to Chemical Room and Chlorine Room. g. Add two garden hose bibbs to piping at filter consoles in Filter Gallery. h. Add three handrails, two safety chains, and R.C. Clearwell hatch cover as requested by Florida Department of Commerce, Division of Labor. i. Alter arrangement of 24" pump P-1 discharge pipe, check valve, and butterfly valve to obtain clearance. j. Raise elevation of top of chlorine injector vault 18" to correspond with surrounding ground contours. k. Furnish and install additional electrical equipment in control box to accommodate increase in pump size of Well No. 13a-S, and II. WHEREAS, the party of the SECOND part has agreed to reductions and increases in the contract price in the net amount of plus $2,868.00 for these changes in accordance wi%h the following schedule and exhibits. Increase Reduction ~ a. Substitute wall finish $ 450.00 Ex. A ~'b. Substitute PVC pipe 4S.00 Ex. A -c. Add concrete curbing (1661@ $4.00} $ 664.00 Ex. C -2- 56D Increase Reduction ~--d. Substitute sod $ 1SO. 00 Ex. A ,, e. Substitute seed no charge Ex. A z f. Add 2 sets concrete steps (2 @ $1S0.00) $ $00.00 Bx. P ~ H -' g. Add 2 hose bibbs 190.00 Bx. G ,~ h. Add 2 handrails, 2 safety chains ~ Clearwell hatch cover 465.00 ~.x. F ~ H ~ i. Alter pump P-1 discharge pipe 709.00 j. Raise chlorine injector ' vault 180.00 Ex. J k. Additional electrical equipment 1,007.00 Ex. K Totals $5,515.00 $ 645.00 Net Increase $2,868.00 / and III. WHEREAS, it is further agreed and understood by BOTH parties hereto that the contract shall be amended as follows: Original Contract Amount $1,825,000.00 Previous Change Orders 1,2,5, ~ 4 9,126.52 Previous Adjusted Contract Amount 1,854,126.52 This Change Order #5 Increase 2,868.00 Adjusted Contract Amount $1,856,994.52 IV. TH~.REFORE, it is further agreed and understood by BOTH parties hereto that the contract time will not be extended by this Change Order -3- 56E .... and this Change Order shall not alter in any manner the force and effect of the original Contract dated the 50th day of March, 1971, and the same shall stand in full force and effect in all respects, except as amended by this Agreement. ATTEST: CITY OF DELRAY BEACH City Clerk /// Maybe ~,' / (SEAL) .//' . INTERCOUNTY CONSTRUCTION CORPORATION ATTEST:.. /-., . '~ ~" tor ~'~ / Y " ' ' " ~ ~' --~-='Z:~ ' L...n {SEAL) Title ^SStST~T SECREr^R¥ / Aut h ori ~. ed/O ffi ce 7 ¥~6E ?RE$IDENI I Approved as to correctness and form: City Attorney RECOMMENDED FOR APPROVAL RUSSELL ~ AXON CONSULTING ENGINEERS, INC, -4- - - 56F PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 AND SECTIONS 15-3 AND 15-4 OF THE CITY CODE. OWNER AND ADDRESS PROPERTY DESCRIPTION CITY CODE 1. John and Jean Leschik Northridge, Block 6 15-3 7 Woodland Street. Lot 3 East Islip, Long Island 1908 Northridge Road New York 117'30 2~. G. A~lan Marsted & seagate, Section A 15-3 Samuel A. & Elizabeth B. Breene Block 3, Lot 1 and 15-4 22 National Transit Bldg. 502 S. Ocean Blvd. Oil City, Pennsylvania 16301 3. J.W. & Adele Richardson Delray Beach Esplanade, 15-3 Rt.. 1,~ Box 56-H Lot 30 and East 35 feet and 15-4 Indio, California 92201 of Lot 31 1126 N. Vista Del Mar Drive VIOLATIONS 15-3 AND 15-4 AS CONCERNS THIS REPORT ARE AS FOLLOWS: 1. 15-3 Florida Holly trees overgrown on ~orth corner of vacant proper ty. 2. 15-3 Trees need to be trimmed to sufficient height for City .' mowers to operate (minimum of 7 feet). 15-4 Branches and debris. 3. 15-3 Trees need to be trimmed to sufficient height for. City moWers to operate (minimum of 7 feet).. · 15-4 Branches and debris. Submitted to the City Council by the City Manager on this 26th day of February, 1973. 56G RESOLUTI Olq NO. 8-73. A RESOLUTION M=AKiNG APPROPRIATIONS OF SUMS OF MONEY FOR EXPENDITURES FROM THE FEDEFOIL REVENUE SHuXRING TRUST FUND OF THE CI'Pf OF DELP~AY BEACH, FLORIDA, FOR THE PEP. IOD FRO~~- r£HE 27Tti DAY OF FEBRUARY, 1973, TO THE 30TH DAY OF SEPTEmbER, 1973; TO PRESCRIBE TttE TER~, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS A~D THEIR PAY~ENT; PdqD TO REPEAL ALL RESOLUTIONS WI~OLLY IN CONFLICT WITH THIS RESOLUTION, A~}D ALL RESOLUTIONS INCONSISTENT WITH THIS-RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. BE IT RESOLVED by the Council of the City of Delray Beach, Florida: That the following sums of money be, and hereby are appropriated upon the terms, conditions and provisions hereinbefore and hereinafter set forth: ARTICLE I. FEDERAL REVENUE SHARING TRUST FUND Improvement of Beach Parking Lot, S. Ocean Boulevard $ 50,000.00 .Storm Drainage Construction 50,000.00 Teen Town Center Improvements 35,000.00 Teen Town Swimming Pool Repairs ".,. 5,000.00 Construction of Bicycle Paths 10,000.00 Construction of Storage Addition to Civic Center 6,000.00 Contingency · 191,000.00 $ 347,000.00 Estimated Revenue Federal Revenue Sharing Funds $ 342,000.00 Interest Earnings ..... 5,000.p0 $ 347,000.00 ARTICLE II. CONDITIONS RELATING TO APPROPRIATIONS: Section 2.1 - Ail monies hereinbefore appropriated are appropriated upon the terms, conditions, and provisions hereinbefore and hereinafter set forth. ~ection 2.2 - No division, department, bureau, agency, or individual receiv- ing appropriations under the provision of this resolution, as outlined in %rticle I, shall exceed the amount of its or his appropriation, as outlined in Article I except with the consent and approval of the City Council first )btained; and if such division, department, bureau, agency, or individual shall exceed the amount of its or his appropriation without such consent and approval of the City Council, the administrative officer or individual, in the discretion of the City Council, may be deemed guilty of neglect of offi- cial duty and may be subject to removal therefor. Section 2.3 - None of the monies enumerated in this resolution shall be expended for any purpose than those for which they are appropriated, and it shall be the duty of the Director of Finance to' see that this section is complied with in all respects and report to the City Manager and City Council any violations thereof. _ _ 56H Page 2. Resolution No. 8-73 Section 2.4 - The foregoing budget be and hereby is adopted as the official budget o~ the Federal Revenue Sharing Trust Fund of the City of Delray Beach for the aforesaid period. ARTICLE III. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, this 26th day of February, 1973. ATTEST :. City Clerk 56I RESOLUTION NO. 10-73. ~%i~,i]oLUTION OF THE CITY COUNCIL OF THE CITY BEACH, FLORIDA, AUTttORIZ.,ING A CI~ FOR T~ ASPhaLT ~SURFACING OF CERTAIN %:~-~:~.~%%S, it is the recommendation of the City Manager ~7~..~ncil, acting by authority of provisions of Section 78 ~%.~.,~ charter, authorize the proper City officials to the asphalt resurfacing of City streets at a nego- of $10.45 per ton; and ~.~::?~_EAS, such contract is to be for the asphalt resur- ~..rcets designated by the City. Administration; and ~ ,.~].::'~AS, payment for such contract is to be made from provided in the current Budget; and ~{::R~%S, it is the Council-'s opinion that such action the best interest of the City; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF , DELRAY BEACH, FLORIDA, AS .FOLLOWS: ?".at authorization is hereby granted for the contracting fo~ '~.~ ~-~;.~alt resurfacing of streets by Dixie Asphalt Company a~ '.~ ~=;c'.~ated price of $10.45 per ton. ;.\~'~$ED AND ADOPTED in regular session on this the 26th day ~-.~ ~¢~:ary, 1973. MAYOR City z' Cl~rk 56J ORDINANCE NO. 2-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF. DELRAY BEACH, FLORIDA, AMENDING SECTION 29-6.1 (C) (2), CHAPTER 29 OF THE CITY'S CODE OF ORDINANCES BY ADDING PET SHOPS AND PET GROOMING TO CONDITIONAL USES. WHEREAS, the Planning and Zoning Board has recommended adding pet shops to conditional uses, and that pet grooming be allowed as home occupation; and WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that pet shops and pet grooming should both be included as conditional use in the CC zone, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 29-6.1 (C) (2) of the Code of Ordinances of the City be amended by adding the following sub- paragraphs under (C) Conditional Uses (2) Uses Authorized: "jj Pet Shops. kk Pet Grooming." Section 2. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. PASSED AND ADOPTED in regular session on the second and final reading on this 26th day of February , 1973. City Clerk~ " · First Reading FEB 7.? 1973 ' Second Readin~ Feb. 26, 1973 . ORDINANCE NO. 3-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~ENDING SUBSECTION 29-5 (G) (4), CHAPTER 29 "ZONING"' OF THE CITY'S CODE OF ORDINANCES PERTAINING TO THE SETBACKS OF SINGLE FAMILY RESIDENCES IN THE RM-10 AND RM-i5 ZONING DISTRICTS. WHEREAS, the Planning & Zoning Board has recommended changes in the setbacks of single family residences in the RM,10 and RM-15 zoning districts; and WHEREAS, the City Administration concurs in said recommendations; and WHEREAS; the City Council of the City of Delray Beach, Florida, has determined that such changes should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF .THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That subsection 29-5 (G) (4) of Chapter 29 ."Zoning" .of the Code of Ordinances of the City be amended to read as follows: "Sec. 29-5 (G) (4) Single 'family residences will be permitted to observe the setbacks set forth for 'the R-lA district." Section 2. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. PASSED AND ADOPTED in regular session on the second and final ·reading on this 26th day of February , 1973. · ~/MAYO R ATTEST: Second Reading. Feb. 26, 1973 56L ORDINANCE NO. 4-73. AN ORDINANCE OF THE CITY COUNCIL OF Tk3~ CITY OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION 15C,7 (b), CHAPTER 15C "LANDSCAPING" OF THE CITY'S CODE OF ORDINANCES PERTAINING TO A REDUCTION OF COST OF PERMIT FEE FOR BLACKTOP · · .OR PAVING. WHEREAS, the City Administration has recommended a reduction in the .permit fee for blacktop and paving; and WHEREAS, the City C~uncil of the City of Delray Beach, Florida~ has determined that such changes should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY .OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That subsection 15C-7 (b) of Chapter 15C of the Code of Ordinances of the City be amended to read as follows: "Sec. 15C-7 (b). The fee for the issuance of a permit in compliance with Chapter 15C shall be. as follows: For the area to be covered for vehicular use areas with b]'acktop or paving, for the first one thousand (1,000) square feet, six dollars ($6.00); each additional one thousand (1,000) square feet, one dollar ($1.00)." Section 2. All ordinances or parts of ordinances in conflict he'rewith be and the same are hereby repealed. PASSED AND 'ADOPTED in 'regular session on the second and final reading on this 26th day of February , 1973. ATTEST: ' City Clerk ~- First Reading ~'~" ~ .~ Second Reading. Feb. 26, 1973 . RESOLUTION NO. 11-73. A RESOLUTION OF THE CITY COL~CIL OF T}~ CITY OF DEL~AY BEACH, FLORIDA, APPROVING INTERLOCAL AGREE~NT BE~%~EN PA~I BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR BEACH EROSION CONTROL PROJECT IN TkE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the County has entered into an agreement pursuant to Chapter 125, Florida Statutes, with the United States of America, Corps of Engineers, as the local cooperating agency for beach erosion control projects within Palm Beach County for a period of ten (10) years; and WHEREAS, the City of Delray Beach is to construct and make improvements to its publicly-owned beach as legally defined and described in Exhibit "A" to the within agreement whi6h is attached hereto and made a part hereof; and WHEREAS, Palm Beach County is requested to fund on an annual basis the maintenance cost for replenishing the sand to the De!ray Beach project for ten (10) years at a cost not to exceed Eighty Thousand Dollars ($80,000) annually and subject to annual budgetary procedures; and WHEREAS, the City of Delray Beach will assume all responsi- bility and obligations for the physical maintenance .program and comply with those terms and provisions of the aforementioned agreement. between the United States of America and Palm Beach County, FlOrida, referred to as Exhibit "B" which is attached to the within agreement and made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T}~ 'CITY OF DE~[RAY BEACH, FLORIDA, AS FOLLOWS: That the Interlocal Agreement between' Palm Beach County and · the City of Delray Beach, a copy of which is attached hereto and made a part hereof is approved, and the Mayor of the City of Delray Beach and the City Clerk of the City are authorized to execute the agree- ment on behalf of the City of De!ray Beach, Florida. PASSED AND ADOPTED in regular session this 26th day of February, 1973. ATTE ST: