07-23-73 JULY 23~ 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, July 23, 1973, with Mayor James H. Scheifley presiding, City
Manager Jo Eldon Mariott, City Attorney G. Robert Fellows and Council
members Grace S. Krivos, J. L. Saunders and O. F. Youngblood present;
Mr. Leon M. Weekes was absent.
1. The opening prayer was delivered by Dr. William Roughton of
the Cason United Methodist 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 July 9, 1973 were
unanimously approved on motion by Mrs. Krivos and seconded by Mr.
Youngblood.
4.a. Mrs. Krivos strongly urged each member of Council to visit
the Police Department, especially at a time when court is being held.
She pointed out the extremely crowded conditions that exist in the
building which is creating confusion in the hall~, offices and
departments. Mrs. Krivos further stated that complaints have been
received by Council members concerning crime and the lack of police
personnel to handle it. She requested consideration for proper
facilities and additional manpower in the upcoming budget.
4.b. Mr. Youngblood reported citizens in the Rosemont Garden area
had asked him to express to Council the lack of police protection
in that general area. Esther Mae Collins called Mr. Youngblood and
claimed she had never seen a police car in that area. This past week
all of the streetlights were repo'rtedly broken, glass was spread in
the streets and vandalism, in general, was widespread. The City
Manager reported he would look into the matter.
4.c. Mayor Scheifley suggested that a sign be placed on the micro-
phone that all of the meetings held by the City Council are taped.
5.a. Rev. Semmie Taylor, Delray Beach, spoke from the floor con-
cerning the rezoning of West Atlantic Avenue from multiple family and
single family dwellings to business. Mayor Scheifley and City Manager
Mariott informed Rev. Taylor that the deqision by Council had been to
rezone the property in question back to Commercial. This item has
been referred back to the Planning and Zoning Board and it is expected
to come back before Council for official consideration in a short time.
Rev. Taylor also brought up the subject of the poor construc-
tion involved' in repaying after sewer construction. He requested
that this problem of sinking in the asphalt be considered in contracts
and by the Council. City Manager Mariott explained to Rev. Taylor
that consideration of prope~ maintenance of roads after construction
is included in all City contracts. He also explained that some de-
pressions in pavement could not be avoided, but did agree that all
attempts possible should be and are being made to maintain all roads
in good repair.
5.b. Mrs. Ruby L. King, 222 N.W. 7th Avenue, spoke from the floor
asking why the sewer line construction stopped at N.W. 3rd Street. She
would like to have the sewer continue to N.W. 2nd Street. City Manager
Mariott explained to Mrs. King that sewers have been installed where
people petitioned to have them installed and paid for the installation.
He referred to the present water and sewer program the City has planned
and the area referred to as area 13; he stated he believed Mrs. King's
property was in that area, but that he would check and call. her with
the results.
5.c. Mrs. Mattie Skipper, 508 S.W. 5th Avenue, complained of the
trouble caused by teenagers in her neighborhood. The streetlights
are being broken, teenagers are causing trouble, and she indicated
there is very little police protection. She requested more protection.
Mayor Scheifley stated this would be considered in the budget dis-
cussions.
5.d. Mrs. Gail Cataldo, 3400 Place Valencay, asked City Manager
Mariott if the results of a survey for a traffic light at the inter-
section of 8th and West Atlantic Avenues for Spady Elementary School
had been received. City Manager Mariott replied that he had not
received the information and since Mrs. Cataldo had as much informa-
tion as he had, he would call her with any further action.
6.a. City Manager Mariott stated City Counci~ had been informed
of the specific parcels of land that are in violation of the City's
Nuisance Laws. He recommended that Council direct proper action be
taken by the City Clerk to comply with Chapter 15 of the City's
Code of Ordinances. Mr. Youngblood so moved, seconded by Mr. Saunders
and passed unanimously.
6ob. The City Manager reported on the question of whether or not
the City's Police Department has been enforcing the muffler law. City
Manager Mariott stated he had received a report from the Police De-
partment that from December, 1972 through May, 1973, the police issued
165 warnings and made 14 arrests, 13 of which resulted in convictions
for equipment violations and 9~ of those violations involved mufflers.
6.c. The City Manager reported that when the contract for pumping
sand on the beach was awarded to C. F. Bean, it was discussed in
detail at that time that the State would require the City pump addi-
tional sand on the beach over and above the 1,100,000 cubic yards
that were called for in the original contract. The difference in the
quality of sand is the reason for the extra sand. The State has re-
quired an additional 200,000 cubic yards of sand, concurred in by the
Corps of Engineers and Change Order No. 1 accomplishes two things:
one - it adds to the contract 200,000 cubic yards which adds $256,000
to the original contract amount which was $1,658,000; and two - it
removes $50,000 from the contract amount due to the fact that oolitic
sand was not used in a test section as it was contemplated could be
the case at the time the contract was awarded. The total contract
amount will be changed from $1,658,000 to $1,864,000 by Change Order
No. 1. Mr. Saunders moved that Change Order No. 1 on the beach
restoration contract be approved, seconded by Mrs. Krivos and passed
unanimously.
-2-
7-23-73.
6.d. The City. Manager reported a large number of parents were
concerned about conditions at Spady School. He stated he and several
of the parents had toured the area and made a list of improvements
and requests the group had made. Two of the items are paving the
north half of N.W. 3rd Street adjacent to Spady School property be-
tween N.W. 8th Avenue and NoW. 10th Avenue. The other item is the
installation of a sidewalk on N.W. 8th Avenue on the east side of
the school property. The School Board has agreed to reimburse the
City for the cost of the street paving and the sidewalk construction.
The city Manager recommended that Council authorize these two projects
with reimbursements to the City not to e×ceed $4,200 for the street
paving and $2,865 for the sidewalk construction. The estimated costs
were arrived at by the Engineering Department of the City. Mr.
Saunders ascertained there would be established a time limit for reim-
bursement by the School Board. Mrs. Krivos moved Council approve
paving the north half of N.W. 3rd Street adjacent to Spady School, and
to construct a sidewalk on N.Wo 8~h Avenue adjacent to Spady School,
the cost not to exceed $4,200 for the street paving and $2,865 for the
sidewalk construction to be reimbursed by the Palm Beach County School
Board on the regular prorata share. The motion was seconded by Mr.
Saunders and passed unanimously.
6.e. City Manager Mariott stated that residents in Tropic Palms
and others had been seeking a traffic light at the intersection of
Lindell Boulevard and Dixie Highway for several years. A recent sur-
vey indicated a traffic signal is warranted and the City has requested
the County by letter to include a traffic signal at this location in
its Traffic Signalization Assistance Program for the fiscal year 1973-74.
The County has agreed to the City's request for a traffic signal
(approximate cost $10,000) and the City Manager recommended that
Council authorize execution of an agreement with the County providing
for signalization of the intersection of Lindell Boulevard and Dixie
Highway. Mr. Saunders So moved; the motion was seconded and passed
unanimously.
7.a. The City Manager reported that Council has been requested to
consider authorizing placement of City copy in the special convention
issue of the Florida Municipal Record, in connection with the next
annual convention of the Florida League of Cities to be held in Miami
October 26-27th. The motion to place copy in the convention issue
of the Florida Municipal Record was made, seconded and passed unani-
mously.
7.b. City Manager Mariott introduced the subject of whether to
exercise the City's right-of-first refusal to repurchase Tract I of
the Delray Beach Country Club for $3,660,880 from Mr. Robert Bruce
Harris, the owner. After considerable discussion from both Council
and the audience, Mr. Saunders moved for Council to exercise the
City's right-of-first refusal to repurchase the Delray Beach Country
Club pursuant to Mr. Harris' letter of July 5, 1973. The motion
was seconded by Mrs. Krivos and passed unanimously.
8.a. The City Manager presented O£dinance No. 18-73.
AN ORDINANCE RELATING TO ZONING; AMENDING CHAPTER.
29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY
-3-
7-23-73.
OF DELRAY BEACH BY CREATING AND ESTABLISHING A NEW
USE DISTRICT TO BE KNOWN AS "RM-6 - MULTIPLE FAMILY
DWELLING DISTRICT" AND PRESCRIBING THE USES PER-
MITTED THZRE IN.
(Copy of Ordinance No. 18-73 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. 18-73, said Ordinance was unanimously passed and
adopted on second and final reading on motion by Mrs. Krivos and
seconded by Mr. Youngblood.
8ob. The City Manager presented Ordinance No. 21-73.
AN ORDINANCE OF THE CITY COUNCIL OF TH~ CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 14-25
PARKING NEAR FIRE HYDRANT AND ADDING SECTIONS
CONCERNING THE PLANTING AROUA~D FIRE DEPARTMENT
HlqDRANTS AND CONNECTIONS AND THE SPACING OF FIRE
HYDRANTS ALL IN CTtAPTER 14 "FIRE DEPARTMENT,
FIRE PREVENTION AND FIRE REGULATIONS" CODE OF
ORDINANCES OF DELRAY BEACH, REPEALING ORDINANCES
IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE.
(Copy of Ordinance No. 21-73 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. 21-73, said Ordinance was unanimously passed and adopted
on second and final reading on motion by Mr. Youngblood and seconded
by Mrs. Krivos.
8.c. The City Manager presented Ordinance No. 22-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION
29-6.1 (C) (1), CHAPTER 29 "ZONING" OF THE
CODE OF ORDINANCES PERTAINING TO THE MINIMUM
BUILDING SITE AREA IN THE COMMUNITY CO~MER-
CIAL DISTRICT (CC).
(Copy of Ordinance No. 22-73 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. 22-73, said Ordinance was unanimously passed and
adupted on second and final reading on motion by Mrs. Krivos and
seconded by Mr. Youngblood.
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7-23-73 o
132
9.a. The City Manager reported the result of the Planning and
Zoning Board meeting on July 17th recommending' the denial of a re-
quest to annex 28-~ acres of land at the northwest corner of Davis
Road and Lateral 33 Canal located in the southwest corner of the
southeast quarter of Section 18-46-43 subject to RM-15 zoning. The
applicant has requested postponement of action since he was unable
to be represented at the meeting. The City Manager recommended the
matter be referred to a future workshop meeting. Mr. Saunders so
moved, seconded by Mr. Youngblood and said motion passed unanimously.
9.b. The City Manager presented the report from the Planning and
Zoning Board relative to Country Manors, Phase I, which report recom-
mended by unanimous vote the approval of the preliminary plat and by
separate motion, also by unanimous vote, recommended approval of the
final plat o~ Phase I. Mr. Youngblood moved to approve the preliminary
plat of Country ~aners, seconded by Mrs. Krivos and passed unanimously.
Mrs. Krivos moved to approve the final plat, seconded by Mr. Young-
blood and passed unanimously.
9.c. The city Manager reported the Planning and Zoning Board by
a vote of 5 to 1 recommended approval of the final plat of Lago Del-
Rey, Phase I. }!e recommended that Council approve the final plat
for Phase I subject to the normal provisions followed in such cases.
Mr. Saunders moved for the approval of the final plat of Lago Del-Rey
as recommended, seconded by ~4r. Youngblood and passed unanimously.
9.d. The City Manager reported the Planning and Zoning Board by
unanimous vote recor~nended the City Council approve the preliminary
plat of Lake Colony subject to approval of the City Engineer and
the stipulation 'that such apprcva! in no ;~:ay would guarantee
service. This is development of Yusem Properties that is bounded by
Congress Avenue, Linton Boulevard, the E-4 Canal and Germanto%n~ Road..
Mrs. Krivos moved that Council approve the preliminary plat of Lake
Colony subject to the approval by the City Engineer and with the
stipulation that such approval in~ no way guarantees sewer service.
'Mr. Saunders seconded the motion which passed unanimously.
9.e. The City Manager reported the Planning and Zoning Board
recommended by a vote of 5 to 1 that Lots 28 through 32 inclusive
and Lots 36 through 44 inclusive, Del Harbour Subdivision, not be
changed from R-1AA to RM-15 zoning. Mr. John Kugler, 1700 S. Ocean
Blvd., Delray Beach, spoke from the floor concerning Lot 28 adjoining
Del Haven Condominium. Mr. Kugler stated that the Del Haven Condo-
minium desired to purchase Lot 28 and construct a recreational area
with a swimming pool. Mr. Kugler assured Council that he did not
represent any interest or petitioner other than the Condominium. Con-
siderable discussion ensued concerning the various methods open to
allow Mr. I~ugler's group to achieve their purpose while denying the
rezoning of the petitioners involved in this property. Mr. Kugler
was advised that he should begin preparing his request by talking with
Mr. Dan Kotu!la, the Planning Director of the City. Mr. Youngblood
moved that Council sustain the recommendation of the Planning and
Zoning Board, seconded by I~rs. Krivos.
Mayor Scheifley pointed out to Council that the major
reasoD for the denial of this request is that the master plan calls
for this area to be a public park. The motion passed unanimously.
7-23-73.
132A
10.a. The following Bills for Approval were unanimously approved
for payment on motion by Mr. Youngblood and seconded by Mr. Saunders.
General Fund ............ $377,201.22
Water and Sewer Fund ........ 42,863.89
Cigarette Tax Fund ......... 13,000.00
Improvement Trust Fund ....... 172,296.58
Beach Restoration Fund ....... 421,950.00
Lowson Blvd. W&S Project Fund . . . 52,856.10
10.b.1. The City Manager presented Resolution No. 32-73.
A RESOLUTION OF 57~E CITY OF DELP~AY BEACH,
FLORIDA, PROVIDING FOR CO~4PLLANCE WITH
CERTAIN Z<EQUIP~E[~.'~NTS UNDER TbiE FLORIDA
REVENUE SHARING ACT, 1973.
(Copy of Resolution No. 32-73 is attached to the official copy
of these minutes.)
City Manager Mariott explained the purpose of this Resolution
is to ensure the City's compliance with State law with regard to
police officers' pay and qualifications and that the City will submit
the reports to the State required by the State Revenue Sharing Act.
Mr. Saunders moved to adopt the Resolution, secon'ded by Mrs. Krivos
and passed unanimously.
10.b.2. The City Manager presented Resolution No. 33-73.
A RESOLUTION OF T~ CITY COi~CIL OF THE CITY
OF DEL~AY BEACt~I, FLORIDA, AU%~HORIZIi[G A CITY
CONTRACT FOR THE INSS~ALLATION OF BICYCLE PATHS.
(Copy of Resolution No. 33-73 is attached to the official copy
of these minutes~)
The City Manager explained the background of the bicycle
paths and stated the paths would begin at the south city limit and
extend northward to Carissa Road, a distance of about one and one-
quarter miles. He recommended award of a contract to Carr Soil and
Sod-Driveways of Delray Beach for construction of the bicycle paths
at a cost of $16,500. The City Engineering Department has stated
this is a good bid, a cost of about $2.50 per lineal foot. City
Manager ~4ariott suggested a Section 2 be added to the Resolution
reading that this improvement will be funded with money from the Federal
Revenue Sharing Funds, $6500 of which has not heretofore been approved
by Council for bicycle path construction. Mr. Youngblood moved for
adoption of Resolution No. 33-73 with the understanding that the
project be paid for from Federal Revenue Sharing Funds. Mr. Saunders
seconded the motion which passed unanimously.
The meeting was adjourned at 9:05 P.M.
City Clerk
APPROVED: ~ , ~
.,., ,
/ MAYOR
, -6- ,
132B
CONTRA£T FOR
BEACH RESTORATION PROJECT
DELRAY BEACH, FLORIDA
(Commission No. 1728)
CHANGE ORDER NO. 1
June 22, 1973
Cost Per Time Per
I t em Item
A. Delete from specifications Bid
Item 4 from Addend,~ No. ~, ~-
garding cost of oolitic sand
rehandling and placement.
Deduct $50,000.00 No Change
B. Delete from specifications Item
'No. 9, Addendum No. 2, regard-
ing oolitic sand. No Change No Change
C. Increase quanity of sand ex-
cavation and placement from Bid
Total of 1,100,000 cu. yds. to
total of i~300,000 cu. yds. at
unit price ($1.28) as specified
in Bid Item 3.
Add $256,000.00 No Change
TOTAL (Add to $206,000.00 0
Contract)
Commission No. 1728
Su~nary
Original Contract $1,658,000.00 120 days
Change Order No. 1 (Add) 206,000.00 U
TOTAL CONTP~ACT $1,864,000.00 120 days
APPROVED .-BY:
/'
ARTHUR V. STROCK & ASSOCIATES, INC. CITY OF DELRAY BEACH
/ /' .//,.....' ,>
A~thUr V. Strock, P.E. -f.. ~ldOn Mariott, Cit~ Mana~r
C. F. BE32q COP,.POP~TION
!
B .... .. :: '~- -~' ' President
ARTHUR V. STROCK & ASSOCIATES, INC. - Consulting Engineers - Land Surveyors - Oeerfield Beach, Florida
132C
ORDI~NCE NO. 18-73.
AN OPdDIiTANCE RELATING TO ZONI~G; ~,~ENDING CilAPTER
29 "ZOi~IlfG" OF TkrE CODE OF OPdDil,IA~ICES OF ~tE CI~~
OF DELFJ~Y BEACIt BY~ CF~ATING ~2,~D ESTABLISHING A
~W USE DISTRICT TO BE }~'NO~'~ AS "Pal, I-6 - MULTIP~
FAMILY D%fELLii,iG DISTRICT" A~ PRESCRIBING ~E
USES PEF~.~iTTED Tt~REIN.
~REAS, it is the reco~nenda%ion of the Planning. and ~oning ·Board
that
a new use district to be kno~m as "~I-6 - Multiple Family Dwelling
District" be established; ~d
WTiEREAS, it is the recommendation of the City Administration Qith
Council agreement that such a new use district be established,.
IqOW, THEREFO~.~, BE IT ORDAI>TED BY TiE CITY COUT~CIL OF TPIE CIri~f OF
DELI~-~Y BEACii, FLORIDA, THAT:
SECTION 1. Chapter 29 "Zoning" of the Code of Ordinances of the
City of Delray Beach as amended be further amended by creating and
establishing a new use district to be knovzn as "Rf.[,6 - Multiple Family
Dwelling District" and to be codified as Section 29~4.1.'
Section 29-4.1. Pd~-6 MUI, TIPIfE FAMILY D~.'TD~LLI>?G 'DISTRICT
(A) PURPOSE
~h.a zoning district is to provide a' low'
'fhe purpose of = ;
density multi-fem~ily dwelling district, which will be
compatible with more restrictive, lower density, single-
family residential districts. .
(B) USES PEPC.!iTTED IN P24-6
Within any RM-6 Multiple Family Dwelling District,. no building,
structure, land or water shall be used ezcept for one or. more
of the following uses:
(1)Any use permitted in the R-1AA Single Family Dwel. ling
District. " ..
(2) Multiple Family Proj.ects containing eigh't (8) or less
dwelling units in one or more structures.
(C) COL~DI_IO~,,AL USES FOR
As prescribed in Section 29-7.4, .and after'the review of the
application and plans appurtenant thereto and hearing thereon,
the Planning. and Zoning Board finds as a fact that the pro-
posed use or uses are consistent with good. zoning practice,
not contrary to th~ Master Plan, and not det_imental 2o the
health, safety, and general welfare of the City, the following
uses may be recommended to the City Council as conditiona%
uses in the RM-6 Multiple Family Dwelling District[
132D
(1) Multiple Family Projects containing nine (9) or more
dwelling units in one or more structures and their
attdnd~lt recreational and sales facilities.
(2) Schools, nursery schools, and kindergartens.
(3) Libraries, community center buildings and public museums.
(4) Churches and their attendant educational and recreational
facilities. .
(5) Public utilities (excluding equipment and storage yards).
(6) Golf courses, swimming and tennis clubs and similar
recreational facilities as principal uses when used
as a public facility or private club.
(7) Doctor's offices.
(D) ....... ....
luli~i,_,:u.-. P~UIIDIAIG SITE AP. EA A~ID DENSITY C0}.?UTATION
(1) Minimum Lot or Parcel of Land
P~,i' 6
First Unit 6,000. sq. ft. "
Each Additional Unit 7,500 sq. ft.
Maximum Floors 3 Floors
(2) Minimum Lot Dimensions
RM-6 ' '
(a) Front 60 ft.
~ (b) Width 60 ft.
(c) Depth .- 100 ft'. .'
(d) Area (sq.ft.) 6,000 sq. ft.
(3) Exceptions
(a) On curving streets and cul-de-sacs, the required
frontages of lots may be reduced by forty (40)
per cent, Provided that the' center line radius
of th.e adjacent public street is one hundred
(10p) feet or less. " .'
(b)On lots or parcels of record, the fkontages of
which do not. meet the required minimum of sixty
(60) feet and are not less ~han fifty (50) feet
but contain the minimum lot area, two dwelling
units shall be permitted and side yards shall be
as provided for in the R-1AA zone.
(E) MINIMUM AGGREGATE FLOOR AREA REQUIREiqENTS
The following shall be the minimum floor areas for ail multi-
ple family structures expressed as net living area, exclusive
of porches, balconies, decks and common ·areas such as
corridors:
Ord. No. 18-73
132E t
(1) Efficiency Apartment 400 sq. ft.
(2) One Dedroom Apartment 600 sq. ft.
(3) Two'Eedrcom Apartment 900 sq. ft.
(4) Three nedroom Apartment 1,150 sq. ft.
(5) Four Bedroom Apartment 1,350 sq. ft.
(A minimum of Two (2) bathrooms is required in four bedroom
multiple family dwelling units.)
(F) MINIb~TP.A BUIIDI~G SET~ACKS
(1) The following shall be the minimum building setbacks,
by total number of floors, for all multiple family
structures permitted and described in the RM-6 zoning
district:
RM-6
1 - 2 3
(a) Front 25 feet 25 f~et
(b) Side (interior) 15 feet ~.5 feet
(c) Side (street) 25 feet 25 feet
(d) Rear 25 feet 25 feet
(2) All setbacks shall be measured fro~ the stre'et right-
of-way line, and where special setback lines have been
established on any street or highway for street wfden-
ing purposes, front and street side yards shall be
measured from the special setback line on the property.
(3) Swimming pools in the P24-6 Zoning District m~y be per-
mitted, in any yard provided that they comply with
Ordinance Section 17-28.1 and comply with the setback
lines.
(4) Single fnmily structures will be permitte, d to observe
the setbacks .set forth for the R-lA, Single Family
Zoning District.
(G) FkAXIMUM PERMITTED GROUteD FLOOR BUILDING AREA
The total ground floor building area of all buildings and
structures shall not exceed forty (40) per cent. of the total
lot area.
(H) ~,ZAXIMUM PERMITTED BUILDING HEIGHT
No building or structure may be constrUcted to a height
exceeding three floors or in the case of a recreational
building, not higher than the highest principa'l residential
buildings.
(I)ON-SITE PARKING REGULATIOI~S
See Section 29-7.3
ACCESSORY BUILDING REQUIREMENTS
For all accessory structures, the following requirements
shall be observed:
-3-
Ord. I'Jo. ]~-73
I I I[I Iii'Il ~ '~ ' ~ I I II IIII ~
132F
(1) Ail accessory buildings shall observe the same
setbacks required for the principal structure(s).
(2) No garage or other accessory building shall be
erected before the principal building is under con-
struction to the point of being fully enclosed,
except where specifically permitted by the S~.te
Plan Permit.
(K) WALLS AND FENCES .
(1) In any Multiple Family Dwelling District, no fence., wall,
or structure shall be maintained within the area at any
corner street intersection at elevations the City
Engineer determines will obstruct visibility.
(2) In any l~ultiple Family Dwelling District, walls and
fences erected on all lots shall be in accordance with
the following criteria:
(a) Front Yard: Front yard walls and fences, including
Those on front and side lot lines, shall not ex-
ceed four (4) feet in height above established lot
grade and may be maintained within a required front
yard ar.ea. . ·
(b) Side and Rear Yards: Side and rear yard walls
fences, including those on side and rea'r lot lines,
shall not exceed si× (6) feet in height above the
established lot grade and may be maintained behind
a required front yard area. "
(3) Walls, fences or similar structures erected in any
Multiple Family D:.;elling District, shall not contain
any substance, such as broken glass, spikes, nails,
barbs, or similar materials designed to inflict pain
or injury to any person or animal. No barbed wire or
electrically charged fence shall be erected in' any
location on any lot or parcel of land in these districts.
PASSED AI~D ADOPTED in regular session on ~he second and' final
reading on the 23rd .day of July , 1973.
- MA'¥O R .'
ATTEST:
. .. c__..:.,.:.?.<f'
City Clerk~/
First Reading I' ' ~" lQ
Second Reading J~ly 23, 1973
-4-
Ord. No. 18-'13.
132G
ORDINANCE NO. 21-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENqDING SECTION 14-25
PARKING NEAR FIRE HYDRANT AND ADDING SECTIONS
CONCERNING THE PLANTING AROLrND FIRE DEPARTMENT
HYDRANTS AND CO~ECTIONS AA~D ~rIE SPACING OF FiRE
HYDRANTS ALL IN CHAPTER 14 "FIRE DEPARTMENT,
FIRE PREVENTION AND FIRE REGULATIONS" CODE OF
ORDINANCES OF DELRAY BEACH, REPEALING ORDINANCES
IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE.
WHEREAS, the City Administrator has recommended amendments to the
fire code of the City to insure more safety to its citizens,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That .Section 14-25 "Parking near fire hydrant" of
Chapter 14 "Fire Department, Fire Prevention and Fire Regulations" is
hereby amended to read as follows:
Sec. 14-25 "Parking near fire hydrant or any Fire Department Connection"
No vehicle or any matter shall be parked or
placed within fifteen (15) feet of any fire
hydrant or any fire department connection.
Section 2. That Chapter 14 "Fire Department, Fire Prevention and
Fire Regulations" as amended be further amended by adding the following
sections.
Sec. 14-26 "Plantings near fire hydrants and Fire Department Connections"
No planting of any kind shall be planted to
grow or extend within five (5) feet of any
fire hydrant or any fire department con-
nection and a three (3) foot opening shall
be maintained at all times for access
thereto.
Sec. 14-27 "Spacing of Fire Hydrants"
All fire hydrants shall be spaced at no
greater distance than five hundred (500)
feet between fire hydrants as measured by
road travel. The fire hydrants sb%ll be
placed in a position so as to be accessi-
ble at all times from a paved road no less
than twenty-four (24) feet in width.
132H
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That should any section or provision Of this ordi-
nance 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 second and final reading
on this the 23rd day of July , 1973.
ATTEST:
Jill. g 173
Second Reading July 23, 1973
-2-
Ord. No. 21-73.
132I
· ORDINANCE NO. 22-73.
AN ORDIHANCE OF Rile CITY COUNCIL OF TIlE CITY
OF DELP~A¥ BEACH, FLORIDA, AbiELqDING SUBSECTION
29-6.1 (C) (1), C~DAPTER 29 "ZONING" OF THE
CODE OF ORDINANCES PERTAINING TO THE MINIMUM
BUIIDIL~G SITE AREA IN THE COMbUJNI~I CO)~IERCIAL
DISTRICT (CC).
~'~qtEREAS, the City Administration has recommended that Sub-
section 29-6.1 (C) (1), Chapter 29 be amended to redefine the
area; ~]d
?~REAS, the City Council of the City of Delray Beach,
Florida has deter~.~ined that such changes shall be made,
NOW, Tk.rEP~EFO~, BE IT OPJ)AIi~ED BY Ti-~E CITY. COUifCIL OF THE
CITY OF DELZC~Y BEACH, FLORIDA, AS FOLLO~fS:
Section 1. That the Code of the City of Delray Beach,
Florida, as amended, be further amended by amena[ing Subsection
29-6.1 (C) (1) "Minimum Building Site Area", to read as follows
"29-6.1 (C) (1) Minimum Building Site Area
The development, shall consist of a contiguous area
of not ].ess than nine (9) acres but not more th~n forty (40) acres
and shall be pla~nned and developed as a single entity."
Section 2. Th6t all ordinances or parts of ordinances in
conflict herewith be a~d the same are hereby repealed, i.
Section 3. 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 A~D ADOPTED in regular session on second and final
reading on the 23rd day of July , 1973.
ATTEST: ~/
City Cler~
Firmt Readinq__,J~]l 9 97B
~Second I%o. adi.nq July. 23',. !973 ....
132J
RESOLUTION NO. 32-73.
A RESOLUTION OF THE CITY OF DELRAY BEACH,
FLORIDA, PROVIDING FOR CO[~IPLIANCE WITH
CERTAIN REQUIRE~.~/~NTS UNDER THE FLORIDA
REVENUE SHARING ACT, 1973.
WHEREAS, the City of Delray Beach, Florida, desires to
participate in and receive from the State of Florida, at the earliest
possible time, all funds which the City of Delray Beach is entitled
to receive under the Florida Revenue Sharing Act 1973, as said Act
may from time to time be amended; and
WHEREAS, in order to qua'lify for said revenue sharing funds
during the 1973-74 fiscal year, the City of Delray Beach is required
to complete and return to the Florida Department of Revenue on or
before June 1, 1973, an application for Revenue Sharing 1973 in-
cluding certification that,
a. All police officers, as defined by subsection 23.061 (1),
Florida Statutes, employed by the City of Delray Beach,
meet the qualifications for employment as established
by the Police Standards Board of the State of Florida,
b. The salary structure and salary plans of the City of
Delray Beach for law enforcement officers meet the' pro-
visions of Part IV of Chapter 23, Florida Statutes, and
c. All police officers as defined in subsection 23.061 (1),
Florida statutes of City of Delray Beach are compensated
at an annual salary rate of $6,000 or more; and
WHEREAS, upon due investigation, the City Council of the City
of Delray Beach has determined that all police officers employed by
the City do meet the qualifications for employment established by the
Police Standards Board, and that no police officer employed by the
City of Delray Beach is compensated for his services at an annual
salary rate of less than $6,000, and the City Council of the City
of Delray Beach desires to hereby evidence by this resolution said
City's compliance with the provisions of Paragraphs (a) (b) and
(c) above,
NOW, THEREFORE, BE IT RESOLVED BY THE CI~f COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. QUALIFICATIONS OF POLICE OFFICERS
The Delray Beach City Council has duly investigated the
qualifications of each police officer presently employed by the City
of Delray Beach, and has determined %hat all such police officers do
meet the qualifications for employment established by the Police
Standards Council of the State of Florida; and all police officers
hereafter employed by the city of Delray Beach shall, prior to em-
ployment, be required to show that they meet said qualifications for
employment.
SECTION 2. MINIM~4 SALARY FOR POLICE OFFICERS
All police officers employed by the City of Delray
Beach, Florida, are compensated at an annual salary rate of $6,000
or more.
SECTION 3. SALARY INCENTIVE PROGRAM
The salary incentive benefits as defined in Section 23.078,
Florida Statutes and authorized hereby shall be payable in accordance
with the rule and regulations established by the Bureau of Police
Standards through its Council in cooperation with the Department of
Community Affairs.
SECTION 4. SUBMISSION OF REPORTS
The City of Delray Beach shall submit quarterly reports
to the Police Standards Council as of December 31, March 31, June 30
and September 30, of each year containing information relative to
compensation of police officers employed by it, and such other infor-
mation as the Council may require.
SECTION 5. EFFECTIVE DATE
Except as herein otherwise specifically indicated all
provisions of this resolution shall be and become effective immediately
upon its adoption hereof.
PASSED AND ADOPTED at a regular meeting.of the City Council
of the City of~Deiray Beach, Florida, this 23rd day of july, 1973.
/ MAyo R~
ATTEST:
-2-
Res. No. 32-73
~'~*-ll I I I II I I I ~1 II11 I II I I I I I I I I I I II ]
132L
RESOLUTION NO. 33-73.
A RESOLUTION OF Tim CITY COUNCIL OF TIlE CITY
OF DELPJIY BEACH, FLORIDA, AUTIIORIZING A CITY
CONTP~ACT FOR TILE INSTALLATION OF BICYCLE PA2~{S.
WHEREAS, it is the recommendation of the City Manager that
the Council, acting by authority of provisions in Section 78 of
the City's Charter, award a contract for the installation of a
Bicycle Path along the westerly side of State Route A-1-A from the
intersection of Carissa Road to the south City limits, in accordance
with plans furnished by the City; and
WHEREAS, permission has been granted by the Florida Depart-
ment of Transportation for placing this bicycle path within the
Right-of-Way of State Route A-l-A; and
~EREAS, the only bid received for furnishing this bicycle
path, six feet in width, with a compacted limerock base and one
inch (after ccmpaction) asphaltic concrete surface, was from Carr
Soil and Sod-Drive~..gays, at the amount of $2.50 per lineal foot,
with an estimated total of $16,500, which bid t~e City Engineer
certifies to be reasonable; and
WHEREAS, time is of the essence in accomplishing this work;
and
%~{EREAS, it is the Council's opinion that the award of this
contract would be in the best interest of the City,
NOW, ~IEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELP~AY BEACH, FLORIDA, AS FOLLOWS:
1. That said contract for installing approximately 6600
lineal feet of a six foot wide, alphaltic concrete bicycle path,
with adequate li~erock base, be awarded to Carr Soil and Sod-Driveways,
at the stated cost of $2.50 per lineal foot.
2. That this improvement shall be funded with money from
Federal Revenue Sharing Funds.
PASSED AND ADOPTED in regular session on this 23rd day of
July, 1973.
City Cler~