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12-26-72 237 DECEMBER 26~ 1972 A regular meeting of the City Couneil of the City of Deiray Beach, Florida, was held in the Council Chambers at 7:30 P.M. on Tuesday, December 26, 1972, with Mayor James H. Scheifley pre- siding, 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. Frank R. ~{amilton of the Church of the Palms of Delray Beach. The Pledge of Allegiance to the Flag of the United States of America was given. 3__~. The minUtes of the regular Council meeting of December 11, 1972, were u.nanimously approved on motion by Mrs. Krivos and seconded by Mr. Saunders. 6.a. The City Manager presented two bids received for a "Butler" type metal building as an addition to the City Garage as follows: Tri-Cities Construction & Supply Co. $7,618.00 L~n t an a B & L Construction Co., Inc. 9,383.00 Boynton Beac3~. City Manager Mariott recommended that the bid from Tri-Cities Construction & Supply Co. in the amount of $7,618.0.0 which is $882.00 less than the amount budgeted for this purpose be accepted. Mrs. Krivos moved that the bid from Tri-Cities Construction & Supply Co. in the amount of $7~ 618.00 be accepted. The motion was seconded by Mr. Saunders and unanimously carried. 6.b. The. City Manager stated that approximately four years ago the City Engineering Department prepared plans for the proposed extension of ~he city's water and sewer system. A contract was awarded in November, 1971, to the Big Four Construction Co. for the installation of a 16" water line on the east side of Federal Highway between S.E. 6th Street and S.E. 8th Street, which instal- lation was a part of the original plan. The contract price was $16,902.04. After the line was installed, it was necessary for the contractor to do a considerable amount of additional work in sterilizing the line to conform to the health requirements of the County and State Health Departments. Consequently, the contractor presented an additional bill to the city for $2,974.77. City Manager Mariott further stated that the city recognized its responsibility for assuming some of the cost incurred, but felt it was not equitable for the city to assume the entire additional cost. After nego%iations, it was agreed to split the bill with the city paying 5~ and the contractor paying 5~. The motion under consideration is Change Order-Supplemental Agreement No. 1 to Big Four Construction Co. contract approving the city's participation in payment of 5~ of the additional cost in the amount of $1,487.39. The second part of the motion would be the approval of the final estimate submitted by the contractor in regard to this contract. 238 In reply to Mr. Weekes' question as to whether this item had been overlooked in the contractor's original bid, the City Manager explained that prior to the installation of this line, the cityfhad another 16" line inst~lled which w~s not being utilized fully, but had been placed because of the long range planning of the city. The result of this 16" line being connected to a 2" line %fas that the demand on the 16" line was not sufficient to keep the line scoured out and sediment formed in lower portions of the pipe. When the additional 16" line in question was in- stalled, it was more fully utilized and scoured out the rust and sediment. Therefore, the city did have some responsibility in clearing the lines. The contractor, after negotiations, agreed to pay half the cost since it was his responsibility to sterilize tl~e line. After some discussion, Mr. Saunders moved that Change Order-Supplemental Agreement No. 1 and approval of the final estimate be approved. The motion was seconded by Mr. Youngblood and unanimously passed. (Copy of Change Order-Supplemental No. 1 is attached to the official copy of these minutes.) 8. a. The City Manager presented ORDINANCE No. 40-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACSq, FLORIDA, AMENDING SECTION 29-5 (E) (1), CHAPTER 29 OF T~E CITY'S CODE OF ORDINANCES PERTAINING TO MINIMUM LOT AREA FOR RM-15 ZONE. (Copy of Ordinance No. 40-72 is ~ttached to the official copy of these minutes. ) A public hearing was held, having been legally advertised in c~mpliance 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. 40-72, said Ordinance w-as unanimously passed and adopted on this second and final reading, on motion by Mr. Young- blood and .seconded by Mrs. Krivos. 8.b. The City Manager presented ORDINANCE No. 42-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 29-6.1 (c) (2) (dd), CHAPTER 29 OF THE CITY'S CODE. OF ORDINANCES PERTAINING TO DEPARTMENT STORE IN THE CC ZONE. (Copy of Ordinance No. 42-72 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. 42-72, said Ordinance was unanimously passed and adopted on this second and final reading on motion by Mr. Weekes and seconded by Mr. Youngblood. 8.c. The City Manager presented ORDINANCE No. 43-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS -2- 12-26-72 239 29-9 AND 29-10, CHAPTER 29 OF THE CITY'S CODE OF ORDINANCES PERTAINING TO APPLICATIONS FOR BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. The City Manager informed the Council that this Ordinance was intended to make it easier for persons to take out building permits and obtain certificates of occupancy, and had been discussed at the December 19, 1972 workshop meeting. Ordinance No. 43-72 was unanimously placed on first reading on motion by Mrs. Krivos and seconded by Mr. Weekes. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Saunders and seconded by Mr. Young- blood. General Fund ............ $370,716.24 Water and Sewer Fund ........ 6,695.00 Cigarette Tax Fund ......... 13,000.00 Improvement Trust Fund ....... 30,803.64 Federal Revenue Sharing Trust Acc't. 100,000.00 10.b. The City Manager reported that the city had been notified by the Area Planning Board that they intended to consider the city's application for that Board's approval of the Beach Restora- tion Project. The Board approved the project at their December 21, 1972 meeting without any guestion. 10.c. Each Council member and Mayor Scheifley wished everyone a belated Merry Christmas and best -wishes for a happy and prosperous New Year. 10.d. Mr. Saunders asked if anyone had anything to report on the Mrs. Frar~ Lilly incident involving bodily 'injury and robbery that occurred at her home on December 19, 1972. Mrs. Lilly identified herself and after considerable discussion on her part, it was determined that her complaint was under investigation by the Police Department. She was informed by Mayor Scheifley that as soon as there were any further developments concerning the matter, she would be notified. % The meeting was adjourned at 8:20 P.M. City Clerk APPROVED: MAYOR -3- 12-26-72 239a. f CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA PROJECT NO. 6469-$b WATER MAIN EXTENSION (PART B-l) SUPPLEMENTAL AGREE~F NO. ] CHANGE ORDER This Agreement entered into this 26 day of December , .1972., by and between the City of Delray Beach, Palm Beach County, Florida, as party of the FIRST part, and Big Four Construction Company, as party of 'the SECOND part, as being a supplement to a certain Contract by and between the parties aforesaid, dated the 1st day of December, 1971, for the construction Of ~ater Main Extension, Part B-1 in the City of Delray Beach, Palm Beach County, Florida. WITNESSBTH: I. WHEREAS, in the construction of the above subject water main extension, certain complications beyond the control of the party of the SECOND part made necessary repeated flushing, sterilization, and bacterio- .logical sampling to obtain Florida Department of Health approval of the 16" water main installation over an extended period of time between .' January 27, 1972 and March 22, 1972, and II. WP£REAS, the party of the SECOND part has in accordance with · Paragraph 15.2.3 of the .Construction Specifications, prepared a Cost Schedule in the amount of $2,974.77 in accordance with Method (c) as contained therein, which schedule.is attached hereto and made a part of this Supple- mental Agreement, and III. WHEREAS, the party of the FIRST part has agreed to accept fifty 2 39b. Supplemental Agreement No. 1 Change Order Page 2 percent (50%) of this Cost Schedule being, One Thousand Four Hundred Eighty Seven Dollars and Thirty Nine Cents {$1,487.39), as its share of the additional work involved, and IV. h~EREAS, the party of the SECOND part has agreed to accept the sum of One Thousand Four Hundred Eighty Seven Dollars and Thirty Nine Cents ($1,487.39) as payment in full for the additional work involved. V. 7HEREFORE, it is further agreed and understood by BOTH P~.TIES hereto that this Change Order shall not alter, in any manner, the ~Srce and effect of the original Contract dated the 1st day of December, 1971 and the same shall stand in full force and effect in all respect, except as amended in this Agreement. SIIMMARY: Original Contract Amount $16,902.04 Total Addition this Change Order No. 1 1,487.39 Adjusted Contract Amount $18,389.43 ATTEST: [Fo~'Big Four Construction Company) BIG FOUR CONSTRUCTION COMPANY Approved as to Correctness ~d Fora ACCEP~D BY T~ CI~ OF DEL~Y BEACH " City Atto~ey // . Mayor~ i // -Cit~-M~ager City Clerk ~CO~NDED FOR ~PROVAL RUSSELL [ ~ON CONS~TING ENGINEERS, INC. 239C. West Pu]m ~ .... ch Fla PERICD]CAL EST ,,.A r_ NO. 2~a~-OR ~ I'~ ~:- ~ -' 1 duct]le..iron pipe 830 i LF 14.19!511,777.70 820 11,655. !00% 2 Furnish & install cast '--n ~2 iron or ductile iron fittings 1.1 .To 50.00 1,37S.'00 1.3 1,62S. 0~.~ -0- 1.0'~ 3 Connect new 16" maJ. n to existing 16" main 1 Ea 220.00' 220700 1 220. 0,0 -0- 10 4 Connect new 16" main to existing 12" main 1 , Ea 1072.S0 1,072f'S0 1 1,072. SO ~ -0- 100% [ replacement 28 SY ~ 6.88 192.64 27.2 187. 14 -0- 100% ~6 Asphalt pavement x'l~ ~ 8~ ~.' replacement 28 SY ,-- 8.2S 281.:00 39.1 ~ ~22. S -0- 100% ~7 Concrete sidewalk '~' ' ' : 4~ j replacement 260 SY 6.60 1,716.00 249.34 1,64S. 6 -0- 100% ~g Miscellaneous concrete ;,. ' ~ , ~, ~ '-in trench 2 CY j~75.00: 150.~00:3.75 281. 25.---0- 100% Concrete cu~ a~d gutte~ ~. ~, ' replacement 8 LF'~ ll. O0~ 88.00 -0- -0- -Or 100% !0 Material for pipe bedding: ordered in writing by ~ 05 engineer 9 CY ~ 8.80: 79J20 3 26. 4 -0- 100% · . . )'~ ,~ / , i 1 1 . I I ', '~' ~'~ ~ -'Ce.' Additional expense of f~uM~n2. sterJ lization, etc. $t,487 i.487 39 7o 4.' ~: ~,tmt re~alhod pereo~t -' -' 15,314.65 q. ~[~T~FItATIO~ OF of thi5 Perle(lice! ~ti,~4ke ~r~ · .'. cotre..., ~hat all .ork has been Derfo~ed accord~ce with the ?,'r'~; a;;~ Co;~;/~ rich:; of %he Contract L~tween City of Delrav Beach D December ] ~m..~,tg Four Constm~ctJ on Company d~ted d~iat~on~, ';ub~t~ tut~ 0'~::~ :fl r~,ati~no, ~nd/or r, ddltions; .that the ¢ol~o~ln~ . contr~:~c a~cou~t t,~ =;e ,m-5 ;n~kudlng thc l~;~;t day of th~ porloa eo,.'c, re,t b~ t~ta.~rio,~ie~l E~!'~,to~ end B~[ Four Construction Compan~ By --~-- ~_ r: ;,:1 a1 . ~t'flg~:Lt, & AXOa CONSULTING ENgINEErS By 239e. ORDINANCE NO. 40-72. AN ORDINANCE OF THE CITY COUNCIL (DF T}EE CITY OF. DELRAY BEACH, FLORIDA, AM?]NDING SECTION 29-5 (E) (I), C~LAPTER 29 OF THE CITY'S CODE OF ORDINANCES PERTAINIi~G TO MINIMUM LOT AREA FOR P~-15 ZONE. ~r~EREAS, the City Council of the City of Delray Beach, Florida, has determined that the square foot requirement in RM-15 should be enlarged. NOW, THEREFORE, BE Tm ~'~%D?'%~gT'h.T~'~h BY T~ ~'~'T v~. ~ ~.~ ...... TY COUNCIL ~ THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That subparagraph 5 (E) (1~ of Chapter 29 of the Code of Ordinances of the City be amended to read as follows: "(Ei MINIML~n~. BUILDING SITE AREA A_~ID DENSITY COMPUTATION (1) Minimum Lot or Parcel of Land RM-10 .~M'!5 First two (2) units 6,000 sq. ft. 8,000 sq. ft. Each additional unit 4,600 sq. ft. 2,900 sq. ft. Maximum floors 2 residential 5 residential floors floors" Section 2. Ail 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' December , 1972 . ' AY 0 R ATTEST: City Clerk First Reading November 27, 1972 Second Reading DeCember 26, 1972 239f ORDINANCE NO. 42-72. AN ORDINANCE OF THE CITY COUNCIL OF TI~ CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 29-6.1 (C) (2) (dd), C}LAPTER 29 OF ~{E CITY'S CODE OF ORDINANCES PERTAINING TO DEPARTMENT STORE IN THE CC ZONE. WHEREAS, the Planning & Zoning Board has recommended a change in department store identification, and WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that department store identification should be changed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That subparagraph 6.1 (c) (2)' (dd) of Chapter 29 of the Code of Ordinances of the City be amended to read as follows: "(C) (2) (dd) Department Store ." Section 2. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. All other portions of Section 29-6.1 (C) (2) shall remain in full force and effect. PASSED and .ADOPTED in regular session on the second and final reading on this 26th day of December , 1972. · A YO R ATTEST: City Clerk U First Reading December 11, 1972 Second Reading December 26, 1972.