08-27-73 141
AUGUST 27~ 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,
August 27, 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.
1. The opening prayer was delivered by Mr. Ben Krivos.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular Council meeting of August 13, 1973
were unanimously approved on motion by Mrs. Krivos and seconded by
Mr. Weekes.
5.a. Mr. Lawrence Harrell, 11 S.W. 2nd Avenue, Delray Beach, spoke
from the floor concerning the condition of streets in the black
community. He presented Council with some photographs showing the
conditions on S.W. 5th Avenue and 1st Street, N.W. llth Avenue and N.W.
10th Avenue. He requested Council consider taking some action to
rectify the deterioration of the streets in these and other areas. The
City Manager stated these areas would be placed on the list of streets
to be repaired.
6.a. The City Manager stated he had received a letter from Mrs.
Harriett R. Brenner of Palm Beach County Community Action Council, Inc.
requesting City approval of the operation of the Head Start Program to
be located in the Catherine Strong Community Center. In 1971, Council
gave its approval for such use and since that time, the renewal has been
made administratively each year. The groups involved have conducted a
diligent search of the entire west side of town and find this facility
is the only one to meet the Federal requirements. Mr. Saunders moved
to grant approval to use a portion of the Catherine Strong Center,
seconded by Mr. Youngblood and passed unanimously.
6.b. The City Manager presented Resolution No. 38-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT
FOR THE PAVING OF PROPOSED NEW PARKING LOT BEING
PART OF LOTS 23 AAID 24, BEAC}t LOTS, LOCATED BE%~-EEN
STATE ROAD A1A A~ND GLEASON STREET AS PER DRAWING
NUMBER 5-1-73, S}tEET 1 OF 4.
(Copy of Resolution No. 38-73 is attached to. the official copy
of these minutes.)
The City Manager reported bids were sought by advertisement and
solicitation for the paving of the beach parking lot on South Ocean
Boulevard. The only bid received was by Hardrives of Delray, Inc. in
the amount of $33,750.00. The project will be financed by Federal
Revenue Sharing Funds and will provide 124 parking places for the
general public. Resolution No. 38-73 was passed unanimously on motion
by Mr. Youngblood and seconded by Mr. Weekeso
142
Mayor Scheifley questioned the planned city parking on the
south beach. The City Manager informed Council the property was on
the east side of A1A and to his knowledge, the City does not have
access to property on the west side at present. After discussion, the
City Manager agreed to verify with the County whether or not they
obtained any land on the west side of A1A.
7.a. City Manager Mariott explained that Mrs. Leon Merritt, Beauti-
fication Chairman of the Evening Garden Club, by letter dated July 27th
notified the City that her group wished to spend approximately $2,000
toward the cost of beautifying the median strip on West Atlantic
beginning where the present beautification strip ends per memorandum
from the City Engineer dated August 14, 1973, and extending westward
to Homewood Boulevard. It has been determined that it will cost an
estimated $9,000 plus for the installation of a sprinkler system,
landscaping and electrical work. Considerable discussion ensued con-
cerning the source of the money for the project, including adjacent area
property owners and other organizations who might be interested in
participating, and in what manner the coordination of all groups might
be handled. Mr. Saunders moved that Mrs. Leon Merritt be contacted by
the City Manager concerning all of the aspects discussed, seconded by
Mr. Youngblood and passed unanimously.
7.b. The City Manager stated a request has been received from the
Del Haven Condominium Association that the zoning of Lot 28, Del Harbour
Subdivision, located at 1052 Del Haven Drive, be changed from R-1AA to
RM-15. He recommended the request by referred to the Planning and Zoning
Board for study and recommendation. Mr. Youngblood so moved, seconded
by Mr. Saunders and passed unanimously.
7.c. City Manager Mariott stated Mr. Jack Houston of 5 Cs, Inc. has
requested a zoning change on all of the E~-~ of Section 12, Township 46
South, Range 42 East, lying North of the Northerly right-of-way line of
Lake Ida Road, less the East ½ o'f the SW¼ of the SW¼ of the NE¼, and
the W½ of the SE¼ of the SW¼ of the NE¼ and the W 1/8 of the N-~ of the
NE¼ of said Section 12-46-42 also excepting the R/W of Barwick Road,
consisting of 201± acres. The request is the zoning be changed from
R-lA to RM-6. The City Manager recommended the request be referred to
the Planning and Zoning Board for study and recommendation. Mrs. Krivos
so moved, seconded by Mr. Youngblood and passed unanimously.
.8.a. The City Manager presented Resolution No. 37-73.
A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, COurt, ENDING C. F. BEAN
CORPORATION FOR THEIR EXCELLENT PERFOP~ANCE IN
THE BEACH RESTORATION PROJECT.
(Copy of Resolution No. 37-73 is attached to the official copy
of these minutes.)
The City clerk read the resolution of commendation to C. F.
Bean. Inc. Resolution No. 37-73 was unanimously adopted on motion by
Mr. Weekes and seconded by Mr. Saunders.
8..~_. The City Manager presented Ordinance No. 23-73.
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8-27-73
143
AN ORDINANCE OF THE CIri~f_ COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ~{E-N~DING SECTION 9-1.1
OF CHAPTER 9 "BUILDING CODE" OF THE CODE OF
ORDINANCES OF T}IE CITY OF DELRAY BEACH BY ADOPTING
T~IE 1973 EDITION OF THE SOUTHER_N STANDARD GAS CODE
AS COMPILED BY THE SOUT~LER~N BUILDING CODE CONGRESS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINA~ICES IN
CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PRO-
VIDING A PENALTY CLAUSE.
(Copy of Ordinance No. 23-73 is attached to the official copy
of these minutes.)
The City Manager stated the Ordinance would update the City's
Gas Code from the 1969 Edition to the current 1973 Edition.
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. 23-73, said Ordinance was unanimously passed and adopted on second
and final reading on motion by Mrs. Krivos and seconded by Mr. Young-
blood.
8oc. The city Manager presented Ordinance No. 24-73.
AN ORDINANCE OF THE CITY COUNCIL OF THZ CITY OF
DELRAY BEACH, FLORIDA, ANR-EXtNG TO THE CITY OF
DELRAY BEACH CERTAIN LANiDS LYING IN SECTION 28,
TO?~/qSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAA~DS
AP~ CONTIGUOUS TO EXISTING _~.1%~JT_CIPAL LIMITS OF
SAID CITY; REDEFINING THE BOU~q~ARiES OF SAID
CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAATDS; AA~D PRO-
VIDING FOR THE ZONING' THEREOF.
City Manager ~lariott stated the request is to annex, subject to
RM-15 zoning, 3.32 acres of land in Section 28-46-43 located between
South A1A and the Intracoastal Waterway at 2050 South A1A. The Planning
and Zoning Board recommended passage of this Ordinance. Mr. Saunders
moved the Ordinance No. 24-73 be placed on first reading, seconded by
Mr. Youngbtood and passed unanimously.
10.a. The .following Bills for Approval were unanimously approved for
payment on motion by Mr. Weekes and seconded by Mr. Saunders.
General Fund ............. $147,919.29
Water and Sewer Fund ......... 6,695.00
Cigarette Tax Fund .......... 69,463.22
Improvement Trust Fund ........ 99,057.58
Beach Restoration Fund ........ 22,395.00
10.b.1. The City Manager presented Resolution No. 39-73.
A RESOLUTION OF ~ CITY CObT[CIL OF TH'E CITY OF
DELRAY BEACH, FLORIDA, AU?HORIZ/_NG A CITY CONTRACT
FOR T~ CONSTRUCTION OF A 10' x 20' BEACH PAVILION,
AS PER DRAWING NO. 2-24-67 DB.
(Copy of Resolution No. 39-73 is attached to the official copy
of these minutes.)
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8-27-73
144
The City Manager stated the pavilion would be almost identical
to the pavilion on the north beach. It would be constructed on a
concrete pad. The improvement will be funded from the Beach Restora-
tion Fund. Resolution No. 39-73 was passed unanimously on motion by
Mr. Youngblood and seconded by Mr. Weekeso
10.b.2. ~i~ne City Manager presented a request from Southern Bell Telephone
and Telegraph Company for a site plan approval for the addition of a
third story on the telephone company building located on Lots 15 through
20, Block 9, and a parking lot across the street located on Lots 4 through
10, Block 102. The telephone building is located at the intersection of
S.E. 2nd Street and S.E. 4th Avenue and has a height limitation of 40 ~
feet without conditional use approval. ~!~ne height on the proposed third
floor would be 45 feet. The City Manager recommended approval of the
site plan. It was ascertained that the site plan had met all city re-
quirements.- Mr. W. R. Burson of Southern Bell represented the telephone
company. Mr. Weekes moved to sustain the recommendation of the Planning
and Zoning Board and the City Administration and approve the site plan.
Mrs. Krivos seconded the motion which passed unanimously.
10.b.3. Mayor Scheif!ey informed Council that the bicycle paths on
South A1A are under construction and are progressing as planned.
10.b.4. Mr. Youngblood commended the black citizens who attended Council
meeting and urged more attendance.
~0.b.5. Mr. Ernest Scheirer questioned the plans for landscaping on
the beach parking lot. He was informed by Mayor Scheifley that all plans
had been completed by the Beautification Committee as previously pointed
^'~ ~r. Sche~ ~A~ ask~ __~b~ ~ the ~ .... ~ ~ e~ ~~
pavilion. He was informed proper materials will be used in the new
pavilion.
The meeting was adjourne'd at 8:25 P.M.
City Clerku
APPROVED: -~
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144A
RESOLUTION NO. 38-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT
FOR THE PAVING OF PROPOSED NEW PARKING LOT BEING
PART OF LOTS 23 AND 24, BEACH LOTS, LOCATED BE~EN
STATE ROAD A1A AND GLEASON STREET AS PER DRAWING
NUMBER 5-1-73, SHEET ! OF 4.
WHEREAS, it is the recom~nendation of the City Manager that the
Council, acting by authority of provisions in Section 7S of the City's
Charter, award a contract for the paving of a proposed new parking lot
being part of lots 23 and 24, Beach Lots, located between State Road
A1A and Gleason Street as per drawing number 5-1-73, sheet 1 of 4; and
WHEREAS, a bid was submitted by Hardrives of Delray in the
amount of $33,750.00 which the Assistant City Engineer certifies to be
a reasonable bid and also being the only bid submitted; and
WHEREAS, it is the Council's opinion that the award of this
contract would be in the best interest of the City,
NOW, ~HEREFORE, BE iT RESOLVED ~ THE Ci'~Y COUNCIL OF i-~ Cii-£
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That said contract for paving of a proposed new parking lot
being part of lots 23 and 24, Beach Lots, located between State Road
A1A and Gleason Street as per drawing number 5-1-73, sheet 1 of 4, be
awarded to Hardrives of Delray, who is the low and only bidder in the
amount of $33,750.00.
2. That this improvement shall be funded with money from Federal
Revenue Sharing Funds.
PASSED AND ADOPTED in regular session on this 27th day of August,
1973.
ATTEST:
City Cle'r~~~~'
144B
P~SOLUTION NO. 37-73.
A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, CO~IENDING C. F. BEAN
CORPORATION FOR Ti{EIR EXCELLENT PERFORMANCE IN
THE BEACH RESTORATION PROJECT.
WHEREAS, C. F. Bean Corporation was awarded a contract for
the Beach Restoration on May 10, 1973, for 120 working days; and,
WHEREAS, C. F. Bean Corporation stated that the work would
'start by the middle of June, 1973; and,
?~tEREAS, C. F. Bean Corporation started on June 16, 1973 and
finished on August 11, 1973; and,
WHEREAS, such completion was possible because of favorable
weather conditions, equipment in excellent condition resulting in
no breakdown time and a well organized hard-working disciplined
team of men; and,
WHEREAS, the Council recognizes the well organized teamwork
of men and machinery and a beach miraculously appearin~ in 57 days
where none existed,
NOW, THEREFORE, BE IT RESOLVED BY T~E CITY COUNCIL OF THE
CITY' OF DELRAY BEACH, FLORIDA, ~T
The C. F. Bean Corporation of New Orleans, Louisiana and
the crew of men who participated be commended for a job well done
in the performance of their contract in restoring 2.7 miles of
beach in Delray Beach, Florida.
PASSED ASID ADOPTED in regular session on this the 27th
day of Auqust . , 1973.
ATTEST:
City Clerk/
144C
ORDINANCE NO. 23-73.
AN ORDINANCE OF _~IE CITY' COU%~CIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ~AX.iE~DING SECTION 9-1.1
OF CtLAPTER 9 "BUILDING CODE" OlP T}~E CODE OF
ORDINANCES OF TtiE CITY OF DELP3~Y BEACH BY ADOPTING
THE 1973 EDITION OF %~{E SOUT>LEP~N STAndARD GAS CODE
AS COMPILED BY THE SOUTHERN BUILDING CODE CONGRESS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SAVINg CLAUSE; PRO-
V/DING A PE~LTY CkAUSE.
WILEREAS, the City of Delray Beach is desirous of updating its
Gas Code,
I~OW, ~{EREFORE, BE IT ORDAIA~ED BY THE CITY COUNCIL OF THE CI%~
OF DELRAY BEACH, FLORIDA:
SECTION 1. That Section 9-1.1, Chapter 9 "Building Code" of
the Code of Ordinances be amended to re~d as follows:
Sec. 9-1.1 Southern Standard Gas Code adopted by reference
The 1973 Edition of the Southern Standard Gas Code as
compiled by the Southern Building Code Congress, of which not
less than three (3) copies have been and are now filed in the
office of the City Clerk of the City of Delray Beach, Florida,
is hereby adopted and incorporated as fully as if set forth at
length herein, and from the date on which this chapter shall
take effect, the provisions therein shall be controlling in
~h~ usc,
units and/or structures within the area of jurisdiction of the
City of Delray Beach, Florida.
SECTION 2. That any person who violates the provisions of
Section 1 above shall upon conviction be punished as pro+ided in Sec-
tion 1-6 of the Code of Ordinances of Delray Beach.
SECTION 3. That all ordinances or parts of ordinances in con-
flict 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 se'cond and final
reading on this the 27th day of Auqust , i973.
city
Firs% Readinq: August 13, 1973.
Second Readinq: Auqust 27, 1973
144D
RESOLUTION NO. 39-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE
CONSTRUCTION OF A 10' x 20' BEACH PAVILION, AS PER DRAW-
ING NO. 2-24-67 DB
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 construction of a 10' x 20' Beach
Pavilion on the east side of State Road A-1-A (Ocean Boulevard) at
Nassau Street, in accordance with Plan No.. 2-24-67 DB furnished by the
City; and
WHEREAS, two bids received for construction of a 10' x 20' Beach
Pavilion, in the amounts of:
Campbell Construction Co. $2,400.00
Clark Taylor Welding Co. $2,393.00
Which bids, the Assistant City Engineer, certifies to be reasonable; and
WHEREAS, it is the Council's opinion that the award of this con-
tract 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:
1. That said contract for construction of a 10' x 20' Beach
Pavilion be awarded to Clark Taylor Welding Company, who is the low bid-
der in the amount of $2,393.00.
2. That this improvement shall be funded with money from Beach
Restoration Funds.
PASSED AND ADOPTED in regular session on this 27th day of
..... August , 1973.
MAY'O
ATTEST:
City Clerk