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09-24-73 153 SEPTEMBER 24, 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, September 24, 1973, with Vice-Mayor Grace S. Krivos presiding, Acting city Manager Mark Fleming, City Attorney G. Robert Fellows, and Council members J. L. Saunders, Leon M. Weekes and O. F. Young- blood present. The opening prayer was delivered by Dr. Warren J. Nubern of the Lakeview Baptist Church of Delray Beach. The Pledg'e of Allegiance to the Flag of the United States of America was given. 3_~_. The minutes of the regular Council meeting of September 10, 1973 were unanimously approved on motion by Mr. Youngblood and seconded by Mr. Saunders. 4. a. Vice-Mayor Krivos announced the Mayor was on vacation and the City Manager was attending a convention. She welcomed Acting City Manager Mark Fleming. 5.a. Mr. Ernest Scheir spoke from the floor concerning the unappro- priated surplus and the contingency amounts in the 1973-74 budget. Discussion ensued answering Mr. Scheir's questions. Mr. Erwin Wo Kresser of De!r~y Be~ch comp!~ined concerning"the type of service being received by residents of the City on garbage and trash. Discussion resulted in Mr. Kresser's complaints being answered. 5.c. Mr. George Aspinwall took exception to some of the comments of Mr. Kresser. 6.a. Mr. Chet Walker, Chairman of Lock It and Pocket the Key Program, sponsored by the Delray Beach Jaycees spoke requesting Council to support their program to help eliminate car theft by making the public aware of this problem. Council and Police Chief Grantham unani- mously agreed to support the campaign on motion by Mr. Saunders and seconded by Mr. Weekes. 6.b. Acting City Manager Fleming stated bids have been received by the City to sell the City a street sweeper to replace the present 1967 model: BIDDER PRICE TRADE-IN NET H. F. Mason Eqpt. Co. $34,220.00 $4,500.00 $29,720.00 Industrial Eqpt. & Marine Services 34,220.00 2,720.00 31,500.00 Brackett Eqpt. Co. 34,235~00 2,600.00 31,635.00 All prices are quotea F.O.B. factory, Elgin, Illinois, and include a 2-day maintenance and operations course for the City operator. The Acting City Manager stated delivery time is approximately 12 weeks and recommended approval of the low bid by H. F. Mason Equipment Com- pany. He indicated ample funds are available in the 1973-74 budget for this purchase. Mr. Cliff Harvel, Director of Public Works, explained the Elgin street sweeper is considered the cadillac of sweepers, and works as a vacuum sweeper. He stated the sweeper would do the work of three of the type the City presently utilizes. Mr. Youngblood moved the bid be awarded to the low bidder, H. F. Mason Equipment Company, in the amount of $29,720.00, seconded by Mr. Saunders, which motion passed unanimously. 6.c. Acting City Manager Fleming presented a list of parcels of land in violation of the City's nuisance laws and recommended the City Clerk be directed to comply with Chapter 15 of the Code in order to provide for abatement of the nuisances. Mr. Weekes moved the city Clerk be directed to comply with Chapter 15 of the Code, seconded by Mr. Youngblood, said motion passing unanimously. (Copy of Nuisance List is attached to the-official copy of these minutes.) 6.d. The Acting City Manager stated an assessment roll has been prepared in compliance with Section 169 of the City Charter. These assessments result from 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. Council ordered the improvement by adoption of Resolution No. 5-73 on February 12, 1973. The project has been completed and the total cost determined, $16,838.50, of which $13,470.80 is assessable. Mr. Saunders moved'the approval of the assessment roll of said project, seconded by Mr. Young- blood, which motion passed unanimously. (Copy of said Assessment Roll is attached to the official copy of these minutes.) 6.e. The Acting City Manager reported it has recently been deter- mined that the portion of Congress Avenue in Delray Beach lying between West Atlantic Avenue and Germantown Road is a City rather than a County street. It is recommended that Council request the County Commission to accept the described portion of Congress Avenue as a County street. Mr. Saunders so moved, seconded by Mr. Youngblood, which motion passed unanimously. 7.a.' Acting City Manager Fleming reported a petition has been received for annexation, subject to RM-15 zoning, of a parcel of land located on the north side of Witherspoon Lane between Palm Trail and N.E. 9th Avenue, being Lot 14 and the west half of Lot 13, and the south half of a 15 foot right-of-way now abandoned lying adjacent to and north of Lot 14, First Addition to Kenmont. The applicants are Mr. and Mrs. Judson R. Smith. It is recommended that the request be referred to the Planning and Zoning Board for study and recommendation. Mr. Young- blood so moved, seconded by Mr. Saunders, Said motion passing unani- mously. 7.b. Acting City Manager Fleming stated earlier this year Council annexed two tracts of land the~ known as the Sussman property located between Barwick Road and Military Trail on the south s~de of Lake Ida Road, subject to the north 71 acre parcel being developed to a maximum density of 6 units per acre and the south 51.7 acre parcel being sub- ject to development in accordance with requirements of the RM-10 zoning -2- 9-24-73' 155 district. Both parcels were annexed to the City subject to RM-10 zoning. A letter dated September 10th has been received from the developer, requesting City approval of a development plan based on an overall average density figure for the two tracts rather than being required to hold the development of the north parcel to a density not exceeding six units per acre. It is recommended that this request be referred to the Planning and Zoning Board for study and recommendation. Mr. Weekes moved the request be referred to Planning and Zoning for study and recommendation, seconded by Mr. Youngblood and passing unanimously. 7.c. Vice-Mayor Krivos acknowledged receipt of the minutes of the Beautification Committee for its September 5, 1973 meeting. She stated there were three items in the minutes which required Council action; this action will be deferred until the Mayor returns from vacation enabling a full Council to act on the ~tems. 8.a. Acting City Manager Flemin_q presented Resolution No. 42-73. A RESOLUTION OF THE CITY COUNCIL OF DELRAY BEACH, FLORIDA, AU%~ORIZING APPROVAL OF A SETTLEMENT AI~D COMPROMISE AGREE~ENT WITH JIM R. KERN ANq~ T~HE ST. PAUL FIRE Ai~CD F~ARIArE I~SURANCE COMPACtlY AND A RELEASE AND COVENANT NOT TO SUE ST. PAUL FIRE AND ~iARINE INSURANCE C OMPAt~-Z. (Copy of Resolution No. 42-73 is attached to the official copy of these minutes.) The Acting City Manager stated this Resolution authorizes settlement of the Kern-Baldwin suit. The Agreement calls for payment by the City of $40,000 not later than September 25, 1973. It was recommended that Council authorize payment of the $40,000 from the following sources: $20,000 from the 1972-73 General Fund Contingency Account and $20,000 as a "prepaid expense" item from the budget for the 1973-74 fiscal year's 840-900 (Transfer to Other Funds) Account ~.~ Mr. Weekes moved for the adoption of Resolution No. 42-'73, seconded by Mr. Saunders. Mr. Saunders asked if arrangements had been made for the check to be paid to which Attorney Chapin replied in the affirma- tive. The motion passed unanimously. Mr. Youngblood moved the transfer of funds be made as recommended, seconded by Mr. Saunders, which motion passed unanimously. 8.b.' The Acting City Manager presented Resolution No. 43-73. A RESOLUTION DIRECTED TO THE BOARD OF COMMIS- SIONERS OF PALM BEACH COUNTY RESPECTFULLY REQUESTING T~E CONTINI/ANCE AND FUNDING OF TPIE EXISTING PAI~%{ BEACH COUNTY AREA PLANNING BOARD AND STAFF. (Copy of Resolution No. 43-73 is attached to the official copy of these minutes. ) Acting City Manager Fleming stated this Resolution objects to the County Commission's present consideration of changes in the opera- tion of the Area Planning Board Staff. Mr. Weekes con%,~ented that the Palm Beach County Commission in preparing their budget has suggested -3- 9-24-73 151] that they not fund the Area Planning Board; rather they would only fund the Director and expenses of the Board. The staff duties would be performed by the County Planning Board which is directly under the County Commission and the County Administration whereas the Area Planning Board is a semi-autonomous body. He further stated the Council felt it is in the best interests of the citizens of Delray Beach and other municipalities in Palm Beach County that the Planning Board be kept a separate body not directly answerable to the County Commission. It is desirable to have an independent staff to do re- search and application work for grants, etc. Resolution No. 43-73 was passed unanimously on motion by Mr. Saunders and seconded by Mr. Weeke s. -- 8oC. The Acting City Manager presented Ordinance No. 25-73. AN ORDINANCE OF :Ftr~' CITY COUNCIL OF TttE CITY OF DELP~AY BEACI_q, FLORIDA, A~qDING CHAPTER 29 "ZONING" OF TI~E C!T~£'S CODE OF ORDI~LANCES BY AMENDING SUBSECTIONS 29-5 (C) (7) AND 29-5.1 (C) (8) BY' DELETING DOCTOR'S OFFICE AA~D SUB- STITUTING PROFESSiOI~AL OFFICES THEREFOR. (Copy of Ordinance 'No. 25-73 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 said Ordi- nance, Ordinance No. 25-73 was passed unanimously on second and final re=~ on motion bv Mr v~~ =~,~ ~o~~ ~,~ M-,- ~a~n~r~ 8.d. Acting City Manager Fleming presented Ordinance No. 26-73. AN ORDINANCE OF TP~E 'CITY COLrNCIL OF THE CITY OF DELRAY BEACH, FLOR1DA, A2,iENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDiI~ANCES BY ADDING SUB- SECTION 29-6.2 (B) (27) EXTER/~II~ATOR SERVICE OFFICE AS A PER~IITTED USE IN THE SPECIALIZED COFLMERCIAL DISTRICT (SC) AArD ADDING SUBSECTIONS 29-6.2 (C) (8) A~iD 29-7 (G) (10) FUATERAL HOM~S AS A COI~DITIONAL USE IN THE SPECIALIZED C05tMERCIAL DiSTRiCT (SC) AND LIMITED CO~iERCIAL DISTRICT (C-l). (Copy of Ordinance No. 26-73 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 said Ordi- nance, Ordinance No. 26-73 was passed unanimously on second and final reading on motion by Mr. Youngblood and seconded' by Mr. Weekes. 8.e. Acting City Manager Fleming presented Ordinance No. 29-73. AN ORDI_NANCE OF TIlE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~2~hENDING CF~,.PTER 29 "ZONING" OF THE CODE OF OPJLiNANCES OF TIrE CITY OF DELRAY BEACH, AS AMEiN-DED, FURTHER A~E~N~DING C~LAPTER 29 "ZONING" BY ~_DDING A i,~EW ZONI~IG DISTRICT TO BE KNO~N AS PLEDIUM INDUSTRiAL DISTRICT (MI) A~/D PRE- SCRIBING TtIE USES PE~4iTTED TItEREIN; AN~D AMENDING SECTION 29-2 "DISTRICT AND BOUNDARIES" TO INCLUDE -4- 9-24-73 157 THE NEW MI DISTRICT REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ~REWITH; PRO- VIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. Passage of this Ordinance was recommended by the Planning and Zoning Board by a vote of 5 to 2, which recommendation was concurred in by Council at workshop. Mr. Youngblood moved to place Ordinance No. 29-73 on first reading, seconded by Mr. Saunders, which motion passed unanimously. Mr. Weekes questioned the changes made after approval by the Planning and Zoning Board and Council workshop and voted with the stipulation that an explanation for the changes be forthcoming at a workshop prior to the second and final reading. Vice-Mayor Krivos asked Mr. Fleming to have City Manager Mariott notify the people in- volved in the Medium Industrial District when discussion concerning the Ordinance is to take place. 8. f. The Acting city Manager presented Ordinance No. 30-73. AN ORDINANCE OF T~.~E CITY .COUNCIL OF T~ CITY OF DELPelY BEACH, FLORIDA, A~ZENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACTt, AS A/~fENDED, BY A[v~KrDING SECTION 4-6 PERTAINING TO POSSESSION OF AN OPEN CONTAINER BEIIqG PRISMA FACIE EVIDENCE OF CONSUMPTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY . CLAUSE. ~ This Ordinance will amend Section 4-6 of Chapter 4 "Alcoholic Beverages" ~ ~ C~ ~' ' ~ consumption ......... t~ s C~ of Ord~n~.nceo ~ ~'~ ..... ~ rt~..x ...... ~ to of alcoholic beverages on sidewalks, in public parks, etc. This pro- posed Ordinance provides that the holding of an open container con- taining an alcoholic, beverage is prima facie evidence that alcohol was ~eing consumed by the person holding the container and is therefore an ordinance violation. Mr. Weekes moved for the placing of Ordinance No. 30-73 on first reading, seconded by Mr. Youngblood, said motion passing unanimously. .8.g. The Acting City Manager presented Ordinance No. 31-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY AMENDING SECTION 1-6.1 PERTAINING TO A MIN/~UM COURT COST; REPEALING. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. Acting City Manager Fleming stated this Ordinance will amend Section 1-6.1 of Chapter 1 "General Provisions" of the city's Code of Ordinances pertaining to minimum municipal court' costs. The ordinance now provides that the municipal court cost shall be $10, whereas the proposed ordinance provides that the court cost shall be a minimum of $10. At the September 17th Council workshop meeting during discussion of this proposed ordinance~ it was suggested that a maximum cost should ~e corqidered, although there appears to be some opposition to inclu- sion of a maximum cost. Mr. ~oungblood moved that Ordinance No. 31-73 be placed on first reading, seconded by Mr. Weekes, said motion passing ~" unanimously. 9-24-73 158 8.h. The Acting City Manager presented Ordinance No. 32-73. AN ORDINANCE OF THE CITY COUNCIL OF 55~E CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOT 28, DEL-~LARBOUR SUBDIVISION, IN "RM-15 MULTIPLE FAMILY DWELLING DISTRICT:', AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". Acting City Manager Fleming stated this ordinance was recom- mended by unanimous vote of the Planning and Zoning Board, the purpose of which is to change the zoning of Lot 28, Del-Harbour Subdivision from R-1AA Single Family Dwelling District to RM-15 Multiple Family Dwelling District, which would permit the Delhaven Condominium Asso- ciation to construct a swimming pool complex on the property for use by its members. Ordinance No. 32-73 was placed on first reading on motion by Mr. Saunders, seconded by Mr. Young-blood. Mr. Weekes questioned whether the Association had filed a Unity of Title to which they had agreedi Council agreed it should be a matter of record that this be done. The motion passed unanimously. .9..a.. Acting City Manager Fleming reported that Planning and Zoning Board had recommended unanimously that the north-south alley between N.E. 7th Court (abandoned) and N.E. 8th Street abutting Lots 1 through 4, 37 and 64 be abandoned subject to the City being provided a 5 foot u.tility easement as recommended by the City Engineer and provided further that letters of "no objection" are filed with the City by the Florida Public Utility Company, Florida Power and Light Company, and Southern Bell Telephone Company. The applicants are J. D. Stetson Coleman and Earl Wallace, represented by Mr. John H. Adams, Attorney. from the Florida Public Utility Company. Mr. Weekes moved that the City Attorney be authorized to prepare a resolution abandoning said property, and withhold acting upon such resolution until the other letters of "no objection" are received. Mr. Saunders seconded the motion which passed unanimously. 9.b. The Acting City Manager stated the Planning and Zoning Board recommended by unanimous vote that "Pet Grooming" be included as a permitted use in the C-t Limited Commercial Zoning District. Council discussed this action in workshop and it is recommended that the City Attorney be authorized '~o draft an ordinance in accordance with the Planning and Zoning Board's recommendation. Mr. Weekes so. moved, seconded by Mr. Saunders and passed unanimously. 9.c. Vice-Mayor Krivos stated Item 9-C has been postponed until a later date. This item concerns the Planning and Zoning Board's report on a request for rezoning of 201 acres of land in the East half of Section 12-46-42 located North of Lake Ida Road. 9.d. Acting city Manager Fleming reported the Planning and Zoning Board recommended by a vote of 5 to 1 that a str;ip of land on each side of West Atlantic Avenue ranging from 200 to 250 feet in width between S.Wo 3rd Avenue and S.W. i4th Avenue and from the north-south alley in Block 20 to N.W. 14th Avenue be rezoned from RM-15 and R-lA to C-1 Limited Commercial District. Mr. Youngblood moved that the city 2ttorney be authorized to draft an ordinance supporting the Plan- ning and Zoning Board's recommendation° Mr. Saunders seconded the motion which passed unanimously. -6- 9-24-73 159 9.e. The Acting City Manager stated the Planning and Zoning Board has recommended by unanimous vote that the City Council approve a modification of the site plan for development of the Windemere House located at 250 South Ocean Boulevard on the South 14.1' feet of Lot 11, all of Lots 12, 13, and 14, all of South 100 feet of Lots 15 through 32 and South 100 feet of Lot 33 less the West 20 feet, Asbury Park Heights. The modification in effect would move the retaining wall opposite Sea Fields South (on Bay Street) six feet to the north to reduce the possibility of automobile collisions with the wall. Mr. Saunders moved the retaining wall be moved back six feet, seconded by Mr. Weekes, said motion passing unanimously. Mr. Ernest Scheir and Mr. James B. Wilson complained con- cerning the hazardous conditions surrounding the exit on Bay Street. Considerable discussion ensued resulting in Mr. Jerome Filer, Filer, Hammer, DeSoto and Spain, Architects, 250 Catalonia Avenue, Coral Gables, Florida, reiterating his position of accepting full responsi- bility for the mistake, and offering to rectify it in any way necessary to comply with the requirements of the City. 9.f. The Acting City Manager reported the Planning and Zoning Board by unanimous vote recommended Council approve the modification of the Treaty Point site plan to include six tennis courts and a swimming pool; to reduce the building lengths by 16 feet; and to change the configuration of one building from rectangular to a "L" shape. The property involved in this site plan is approximately 31 acres, being Lots M-4 through M-7, Tropic Isle, 4th Section, Tracts 1 and 2 of Tropic Towers and land in the NE~ of Section 32-46-43 and ~[~ of Section 33-46-43. Mr. Weekes moved to sustain the Planning and Zoning Board's recommenda~i~n~ ~econded by ~r. ¥oungblood and passed unanimously. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Weekes and seconded by Mr. Youngblood. General Fund .............. $210,230.82 Water and Sewer Fund .......... 6,695.00 Cigarette Tax Fund ..... ... ..... 13,000.00 Utility Tax Fund ............ 14,000.00 Improvement Trust Fund ......... 40,066.12 Beach Restoration Fund ......... 9,183.77 Federal Revenue Sharing Fund ...... 22.25 Lowson Blvd. W&S Project Fund ..... 100,000.00 The meeting was adjourned at 9:35 P.M. 'City ~lerk APPROVED: MAYOR -7- 160 PROPERTIES IN VIOLATION OF ORDINANCE NO. G-t47 ~ ~qD SECTION 15-4 OF THE CITY CODE AND ADDRESS PROPERTY DESCRIPTION CITY CODE Lucius B. & Elsie McCow~n Lots 595 through 602, 15-4 8056 Tonawanja Creek Road Tropic Palms East Amherst, New York (621-655 Cardinal Drive) 14051 Edwin H. Hallett Lot 633, Tropic Palms 15-4 462'N. E. 28th Street (671 Blue Jay Road) Pompano Beach, Fla. 33064 : VIOLATIO!fS 15-4 AS COi~CEP~NS THIS REPORT ARE AS FOLLOWS: 1. 15-4 Weeds, undergrowth, Florida Holly overgro%.m. Haven for rodents 2. 15-4 Center portion of lot is under water and infested with snakes and rats. Submitted to the City Council by the City Manager on this 24th day of September, 1973. 160A ASSESS~!ENT ROLL For 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. ASSESSMENT per fronff foot $7.3326 PROPERTY FRONT TOTAL DE S CR IPTION OWNER FOOTAGE AS SES S }2ENT ROSEMONT PARK ~LOCK 5 ,or 1 Herman Stevens 56.1 $ 411.37 ~ot 2 Herm~n Stevens 50 366.63 Lot 3 Herman Stevens 50 366.63 Lot 4 Herman Stevens 50 366.63 Lot '5 Ann B. Ward 50 366.63 Lot 6 Louis & Fannie Johnson 50 366.63 Lot 7 Louis & Fannie Johnson 50 366.63 Lot 8 William & Ja~net Green 50 366.63 Lot 9 G.H. McMurrain 50 366.63 Lot 10 G.H. McMurrain 50 366.63 Lot'.ll G.H. McMurrain 50 366.63 Lot 12 G.H. McMurrain 56.1 411.37 ROSEMO~IT PARK BLOCK 6 Lot 1 Southway Development Co. 53.15 389.75 Lot 2 Joseph Palacino 50 366.63 Lot 3 Catherine ~naddies 50 366.63 Lot 4 Manuel & Anna R'amires 50 366.63 Lot 5 Gerald & Cynthia Betty 50 366.63 Lot 6 Gwendolyn Hill 53.14 389.67 ROSEMONT PARK .' BLOCK 7 Lot 13 Charles H. Oatway 56.08 411.22 Lot 14 John A. Kretsch Estate 50 366.63 Lot 15 Paul E. & Eleanor N. Gringle 50 366.63 Agreement Deed: Natividad & Juanita Cantu ,or 16 Edward & Mary Van Houghton 50 366.63 ,ot 17 Robert E. & Annie i. Siegfried 50 366.63 ,Or 18 Annie B. Crowell 50 366.63 Lot 19 Southway Development Co. 50 366.63 Lot 20 Ramon & Paula Morales 50 366.63 Lot 21 Southway Development Co. ., 50 366.63 Lot 22 Naomi Strickland 50 366.63 Lot 23 Joseph & Gertrude Palncino 50 366.63 Lot ;-4 Joseph Palacino 56.24 412.39 160B PROPER'Fl FRONT 2~DTAL DES CRIPTION OWNER FOOTAGE AS SES SMENT ROSEMONT PARK BLOCK 8 Lot 19 Josie Beatrice Wilson 53.14 $ 389.65 Lot 20 Josie Beatrice Wilson 50 366.63 Lot 21 Southway Development Co. 50 366.63 Lot 22 Romeo M. & Norma Prince 50 366.63 Be 1 fon te Lot 23 Charles & Essie Mae Massingi!l 50 366.63 Lot 24 Charles & Essie Mae 53.15 389.74 Massingill 1837.10 $13,470.80 u:Uuu~u.~ =uu~ul,~cu %naldr~es/ $ i%,529 ~ 15% Administrative Expense 2,179.35 Advertising to Date 55.15 Additional Advertising (Estimated) 75.00 TOTAL PROJECT ,~ 16,838.50 Less 20% City share of cost per Resolution No. 5-73. 3,367.70 * 80~ to be assessed ........... $ 13,470.80 160C b=~.~_o ~O.tz'o ~l &rid_ fop o.,~ ..~ ~eaci~ mlo~ida /:-~ ..... -r--- ..... ' .... ~ .... .~-:.~-~.<: %0 as " ~- "} ..... s ....... a~.~ ~oeP~nCo Company zn one amount of 9o00,000.00; and %,S--~z~AS, %ne Cit~s a'oo!ioable liability ~,suuanoe oovePa::,e ~.'.;~;-~&.~, -:Loer ~,¢~,,~. s applicable liability" ..... ~. .... ~. ~ bO ......~;~ ~'~ sal_c, iF, S~I'aXCO CO~paF,~ }LaS ~--~'~ri~ ~. tO settle the City's claim ' ...... ~.,s~ .~ 00 - ' ~,,~ Covenant Not to Sue; aha %[% .--~T~ .'~ ~ - 2 .... ~ and compromise his ,,~,~, 0 R. ~eriq has ..... ~ afor~saLc~ ~.2tS:r.e,~L for' ,?p-D~uou.w~ as set l O~ u2 ~F,.e at-6aoiie~ between Ji:.t R. Kef:% Zhe City of Delray Beach, Florida and the St. ..... ~.~ ~.,~ ~nc~ Company; and NOW ~--r ....... '-' - That pursuan~ to Article 1i, Section 5, Article I!I, S~OuiO}~ and Article ii~ Sec'rich i2 of the Charter of tho City of De!ray ~3each~ F~ -~*~ Vi. ce '': , - -,..ayor ~ra~e S Krivos~ o,~e absence of boo,, the and the City ".,r~ ¢~, ~-~ ..... ~ ,.¢n¢~. **om the umoy, and City' C~er.~ Hallie E. Yates, herebv~ authorized and directed to execute and attest~ rescect_ve~y, A~ee:.::ent - ~_ .= .... . .... . so u~.,~. Jim R. Kern, vne City of Deiray beach, Florida S:z. Paul ~ '- ~"~ ~'{~r~'~'~ - ~; .... ue~,u~ set ~o~ _n said A,.~e,,;~n~_ ,:uuaCrk, d nur~ uO and made a part hereor, and the and Covenant Not to Sue with the St. Paul Pire and Marine insurance ~n u~e same ....o~- .... .,o set forth in said Release .and Covenant Not to Sue iN WITNESS IC~REOF, the City Council of Delray Beach adopted :)solution No 42-7} in regular session on this 24th day of i975. ~.u,~., ,. 160D A verdict and subsequent judgment in'favor of Jim R. Kern having been returned against the City of Delray Beach, Florida, Benjamin F. Baldwin and St. Paul Fire and Marine Insurance Company in Case No. 71 C 2460-Smith in the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida in the amount of Six Hundred Thousand Dollars ($600,000.00); and ~{HEREAS the limit of liability of St. Paul Fire and Harine Insurance Company is in the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), which is its applicable policy limits; and WHEREAS the City has a contingent claim for breach of contract, negligence and bad faith against St. Paul in its alleged failure to properly defend the City and further its failure to settle the above entitled action within the applicable limits of its insurance policy during the pendency of this suit and before judgment was rendered; and WHEREAS the parties to this agreement recognize the uncertain- ties of litigation and exposure of each of them to perhaps greater money liability in the event of further litigation, it is therefore agreed: In consideration of the payment of Four Hundred Thousand Dollars ($400,000.00) [One Hundred Fifty ~nousand Dollars over and above its applicable policy limits] by St. Paul Fire and Harine Insurance Company to Jim R. Kern, the City of Delray Beach, Florida hereby covenants and agrees with St. Paul Fire and Marine Insurance Company, its successors or assigns, that the City of Delray Beach, Florida will never institute any suit or action at law or otherwise against St. Paul, nor institute, prosecute or in any way aid in the prosecution of any claim, demand, action or cause of action for damages, costs, loss, expense or compensation, for or on account of any damage, loss or injury, known or unknown, as a result of the judgment rendered 160E in favor of Jim R. Kern and against the City of Delray Beach, Florida in the amount of $600,000.00. It is understood that this agreement forever prevents and enjoins the City from prosecuting or assisting in the prosecution of any claim against St. Paul Fire and Marine Insurance Company, its agents, servants, independent contractors, attorneys or employees for its alleged negligence or bad faith in defendin~ the City in the action by Jim R. Kern described above. Nor may it bring any action, specifically but not limited to, the failure of St. Paul Fire and ~4arine Insurance Company to compromise or settle this claim of Jim R. Kern duri~ng the pending litigation by Jim R. Kern against the City of De!ray Beach, Florida and St. Paul Fire and Marine Insurance Company before final judgment was rendered against the City of Delray Beach, Florida and St. Paul Fire and ~4arine Insurance Company. As part of this a~reement, the City of Delray Beach, Florida has agreed to pay Jim R. Kern the sum of One Hundred Thousand Dollars ($i00,000.00), which agree~ent is separate and apart from this instr~aent and in no way is binding upon St. Paul Fire and Marine ~nsurance Company but'is exclusively a matter between Jim R. Kern and the City of Delray Beach, Florida. By payment of the Four Hundred Thousand Dollars ($400,000.00) by St. Paul Fire and Marine Insurance Company, all contingent claims of the City of Delray Beach, Florida against St. Paul Fire and 14arine Insurance Company are extinguished forever. It is understood and agreed that payment by St. Paul Fire and Marine Insurance Company is the compromise of a doubtful and disputed claim, and is not to be construed as an admission of liability on the part of St. Paul Fire and Marine Insurance Company by which liability is expressly"denied. The City of Delray Beach, Florida agrees that this instrument will be executed pursuant to the Ordinances of the City of Delray Beach, Florida and the laws of the State of Florida and this instrument shall be binding upon the City and all of its successive administrations. 160F WHEREFORE, in and for the consideration previously enumerated, the City of Delray Beach, Florida, has remised, released and forever discharged St. Paul Fire and ~arine Insurance Company from all claims of every kind, nature and character whatsoever against it arising out of the personal injury litigation in behalf of Jim R. Kern, previously described. Dated: this 24th day of September, 1973. Witnesses: CITY.OF DELPJ~Y BEACH t ~ ~ " "~'~ , I, ROBERT D. CHAP~N, of Gezelschap & Chapin, 1045 Building, 1045 E. Atlantic Avenue, Delray Beach, Florida, state that I am the attorney ~r the City of Delray Beach, Florida, Releasor herein; that I have explained to the City of Delray Beach, Florida all of the terms of this Release, and that the City of Delray Beach, Florida has represented to me that it fully understands all those terms and their significance. The City of Delray Beach, Florida has signed this Release and Covenant Not to Sue upon my advice. ~~day of September, 1973. Dated: the ~.~ -3- 160G A G R E E M E N T IT IS HEREBY AGREED by and between JIM R. KERN, the CITY OF DELRAY BEACH, and ST. PAUL FIRE AND b~RIR~ INSURANCE COMPANY,. as follows: ~ 1. That a judgment was duly entered ~gainst the City of Delray Beach,' St. Paul Fire and Marine Insurance Company, and Benjamin F. Baldwin, in a total amount of $600,'.000.00, on May 24, 1973.' 2... That the Parties hereto ~gree that the Court has taxed costs in the amount of $1,680.'42.. 3.' That the judgment has 'accrued interest at $98.63 per day from the date of May 24, 1973. 4.' That ~the' 'parties hereto agree .that this matter has bee~ compromised and settled for $525,00g..00 'by the following 9greements: (~.) St. Paul Fire and Marine Insurance Company ~gree's. to pay $400','000.00 '.on the sai~ judgment within · not more than ten (i0)days of the 's~gni~g of theSe presents. (b)~. The partieS agree that L~nbermens Mutual Insurance Company, on behalf of Benjamin F. Baldwin, has paid $25,000..00. into the rggistry of the Court : which Will be withdrawn from the r~gistry of the Court in favor of Jim R. Kern. i(d.)' The City of Delray Beach 'ggreeS to pay $40,000.00..on or before the 25th day of Septe]rLer., 1973 on the said judgment, and to pay $30,000..00 on or before the first day of September for two successive years, namely 1974 and 1975, .until a total of $100,000.00 . has been paid. (d) Plaintiff, Jim R. Kern, 9grees to give St. Paul Fire and Marine Insdrance Company a satisfaction of the judgment against the said corporation in the amount of $250,'000.00. 160H (e)i Plaintiff, Jim R. Ke~n, .agrees to waive any claim for interest and costs taxed on the said ju.dgment against the City of Delray Beach provided that the City of De!ray Beach shall make the 'payments hereinbefore described; in the event the City of Del~ray Beach should fail or refuse to make the payments dascribed above, then in that event only the plainS, iff, Jim R. Kern, shall recover interest from the City of Delray Beach at si>[ per. cent (6%). on the Unpaid balance of the settlement from the .date of the signing of these presents and continuing until said. unpaid balance is Paid; and, .further, that it is agreed that the City of De!ray Beach shall pay costs and reasonable attorneys' fees incurred in the ' .eVent it is necessary to. collect any unpaid balance. (f) Plaintiff~ Jim R. !!ern~~ .covepants tha~ he shall never prosecute or bring any. claim whatsoever .against St. Paul Fire and Marine Insurance Company for its 'al!.eged n.egl.igence or bad 'faith 'in the defense of, prosecution of~ or failure to set'tle his claim .against the' City of De!ray Beach,i .Florida. This covenant is applicable not only to St'.! Paul Fire and Marine Insurance Company but its .agents, servants,~ employees',' attorneys,' and independent', ~contracto~rs.' .(g) Upon completion of the payments 'described above, the plaintiff, Jim R. Kern,' .agrees to give a full and final satisfaction of ju.dgment to the City of Delray Beach for any claims aris~.ng pursuant .to the 'jud~nenh described hereinabove. -2- 160I (h) The City of Delray Beach, Florida, 9grees that this instrument will be executed pursuant to the Ordinances of the City of Delray Beach, Florida and the laws' of the State of Florida, and this instrument shall be binding upon the City and all of its successive administrations. WITNESS our hands and seals, this 12~ day of '~epte~ber , ].973, Palm Beach County, Florida. Witnesses': ~...~ ~.~ ,) -. ~- '-/~ /~: ~ .... , (SEAL) ~ {~ . _ CITY OF DELRAY BEACH, FLORIDA (SEAL) y , ATT~O~ As to City o~ Dairay ~eac~ . / .. .. ....INSUFC~CE CCHPANY(SE?~) : . As to St. Paul.Fi.r~ an~ Marine Insurance Company -3- 160J RESOL, i~ON NO 43-73 A RESOLUTION DIRECTED TO TIlE BOAI~} OF COMMISSIO?~ERS OF PAI2.I BEACH COUNTY RESPECTFULLY 1UEQOI~STING TilE CONTINUANCE AND FULLING OF THE EXISTING PAI24 BEACH COUIqTY AREA PLANNING BOAt03 AND STAFF. WitEREAS, the Board of County Commissioners reportedly is considering the elimination of the existing Area Planning Board Staff as it presently exists; and, ?~{EREAS, the Area Planning Board is the agency that handles the County's municipalities' Federal and State Grant applications, Road i,~etwork P].anning, Wa~er Resource Surveys, Regional Sev~age Planning, Statistical Population Reports, Urban Transportation Studies, Mass Transit Equipment Applications and Park and Recrea- tional A7eed Studies; and, ~EREAS, the municipalities provide the m~jor share of County -funding for the operation of the Area Planning Board and its staff; and, .... ~%~EREAS, the City of Delray Beach desires to have its afore- said applications, studies, reports, planning and statistics considered and administered by a staff separate and independent of a County ~-' == _ .~=a~ that primarily serves the unincorporated area o~ Palm D~ach_ ~uu~y, NOW, ~{EREFORE, BE iT ~SOLVED BY ~E CI~ OF DEL~Y BEACH: Section t. That the City of Delray Beach hereby respectfully requests that the Board of Ccm~missioners of Palm Beach County continue to maintain and fund the existing and separate Area Planning Board and Staff as presently constituted. Section 2. That the City Clerk of Delray Beach is hereby authorized and directed to forward a certified copy of this Resolu- tion to the Board of Palm Beach County Commissioners and the members of the Palm Beach County Legislative Delegation. PASSED AI~ ~OP~D ]~y the City of Delray Beach, State of Florida, this 24th day of. ~September , 1973. /S/ Grace S. Krivos VICE MAYOR ATTFCT: City Clerk ~/ 160K ORDINANCE NO. 25.-73. AN ORDINANCE OF THE CITY' COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, .AMENDING C}tAPTER 29 "ZONING" OF~ THE "CITY' S' CODE OF'ORDINANCES BY ' AL~NDING SUBSECTIONS 29-5 (C) (7) AND 29-5.1 (C) (8) BY DELETING DOCTOR'S OFFICE AND SUBSTITUTING PROFESSIONAL OFFICES TFiEREFORo WHEREAS, the Planning and Zoning Board has recommended deleting Doctor's office and substituting Professional Offices in the RM-10, RM-15 and R24-20 zonihg 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 ~ CITY' COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Sect'ion 1. That the Code of the city of Delray Beach, Florida, as amended, be further amended by amending the following subsections of Chapter 29 "Zoning" to read as follows: (a) "Sec. 29-5 (C) Conditional Uses Permitted for RM-10 or RM-15 (7) Professional offices consisting of accountants, architects, attorneys, chiropractors, dentists, engineers, landscape architects, naturopaths, opticians, optometrists, osteopaths, physicians and surgeons, podiatrists, and psychologists." (b) "Sec. 29-5.1 (C) Conditional Uses for RM-20 (8) Professional offices consisting of accountants, architects, attorneys, chiropractors, dentists, engineers, landscape architects, naturopaths, opticians, optometrists, osteopaths, physicians and surgeons, podiatrists, and psychologists." Section 2. That all ordinances or parts of ordinances in con- flict herewith be and the same are hereby repealed. Section 3. 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 aecision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 160L PASSED A~rD ADOPTED in regular session on second and final reading on this the 24th day of September , 1973. /S/ Grace ~. Krivos V I C E MA YO R ATTEST: City Clerk~/ First Reading: ~D I 0 ~QT'~ Second Reading:Sept. 24, 1973 Ord. No. 25-73. 160M ORDINANCE NO. 26.-73o AN ORDINANCE OF ~tE CITY COUNCIL OF TPIE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINA~NCES BY ADDING SUBSECTION 29-6.2 (B) (27) E)CfERMiNATOR SERVICE OFFICE AS A PERMITTED USE IN TItE SPECIALIZED CO~E. ZERCIAL DISTRICT (SC) AND ADDING SUBSECTIONS 29-6.2 (C) (8) AND 29-7 (G) (10) FUNERAL HO~ES AS A CONDITIOD/AL USE IN THE SPECIALIZED C0~E~HERCIAL DIS_~RICT (SC) AND LIMITED COMMERCIAL DISTRICT (C-l). WHEREAS, the Planning and Zoning Board has recommended adding funeral homes as a Conditional use in the Specialized Commercial District (SC) and Limited Commercial District (C-l) and adding exterminator service office as a permitted use in the Specialized Commercial District (SC); and, WHEREAS, the City Administration concurs in said recommenda- tions; 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 TTNE CITY OP DELRA¥ ~.'.ACH, FLOR~,A, ~o FOLLOWS: Section 1. That the Code of the City of Delray Beach, Florida, as amended, be further amended by adding the following sections to Chapter 29 "Zoning". (a) "Sec. 29-6.2 (B) Uses Permitted (27) Exterminator Service Office" (b)"Sec. 29-6.2 (C) Conditional Uses (8) Funeral Homes" (c) "Sec. 29-7 (G) Conditional Uses (10) Funeral Homes" Section 2. That all ordinances or parts of ordinances in con- flict herewith be and the same are hereby repealed. Section 3. 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 ccmpetent 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. 160N PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of Sept. ember , 1973. /S/ Grace S. Krivos VICE MAYOR ATTEST: City Clerk First Reading: ~.~ 1 ~ '~73 Second Reading: September 24, 1973 _. Ord. No. 26-73.