08-13-85 AUGUST 13, 19 85
A Regular Meeting of the City Council of the City of Delray
Beach, Florida, was called to order by Vice-Mayor Marie Horenburger in
the Council Chambers at City Hall at 7:05 P.M., Tuesday, August 13,
1985.
1. Roll call showed:
Present - Council Member Malcolm T. Bird
Council Member Arthur Jackel
Council Member Jimmy Weatherspoon
Vice-~ayor Marie Horenburger
Ab sent - Mayor Doak S. Campbell
Also present were - City Manager James L. Pennington, and
Assistant City Attorney Barbara Hall.
2. The opening prayer was delivered by Rabbi Samuel Silver,
Temple Sinai.
3. The Pledge of Allegiance to the flag of the United States of
America was given.
4. Mr. Bird moved for approval of the minutes of the Regular
Meeting of July 23, 1985 and Special Meetings of July 16, 1985, July 17,
1985 and August 6, 1985, seconded by Mr. Weatherspoon. Upon roll call
Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr.
Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed
with a 4 to 0 vote.
5.a. 1. ~lrs. Sherry Chapin, 800 Andrews Avenue, stated that by a
vote of 3 to 2, the CAB decided that the new colors for Inlet Cove
Townhouses were unacceptable. She is here tonight to request that the
CAB decision of July 10, 1985 be approved or denied and not forwarded
onto another Board. She understands that Council had decided to leave
this decisionup to the Code Enforcement Board and she has a problem with
that because Fir. Johnson has informed her he will not pursue it as a
Code Enforcement complaint.
Vice-5~yor HOrenburger advised that an appeal of a decision
of the Chief Building Official can be brought before the Board of Ad-
justment. ~lr. Bird stated it would depend on what capacity Mr. Johnson
is acting in, as Chief Building Official or as Chief Code Enforcement
Officer. Mr. Bird asked the City Manager and/or City Attorney's Office
to research this and to inform Mrs. Chapin of the findings.
5.a.2. ~lrs. Elaine Olin~er, Ocean Ridge, advised that she and her
sister each own property in Tropic Palms and are having problems with
trash being dumped on their property. She urged Council to do something
about this problem and offered the following suggestions:
(1) to offer property owners a $500 reward for catching people who
trespass and dump trash on other people's property;
(2) to fine abusers $500;
(3) to post large metal "No Dumping" signs on the highway in each
section of the City.
Mr. Bird stated that the system of government in this coun-
try relies upon the citizens to make it work. Both officials and citi-
zenry have the obligation to help in the apprehension of criminals.
5.a.3. Mr. Gre~ Von Berg, representative for the owner of 1325
South Ocean Boulevard, asked for an update with regard to the pending
annexation of this property, noting that he just learned at 4:15 P.M.
today that it was not on the agenda.
Mr. Bird moved to temporarily delay this matter to be
brought up again later this evening after it has been researched, sec-
onded by Mr. Weatherspoon. Upon roll call Council voted as follows:
5ir. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor
Horenburger - Yes. Said motion passed with a 4 to 0 vote.
5.b.1. 5Ir. Bird reported that Council is to consider ratifying the
SCRWTD Board action of August 9, 19 85, awarding a contract to S.G.
Phillips for the expansion of the plant.
Mr. Bird moved for approval, seconded by Mr. Weatherspoon.
Upon roll call Council voted as follows: Mr. Bird - Yes; ~lr. Jackel-
Yes; ~]r. Weatherspoon- Yes; Vice-~yor Horenburger- Yes. Said motion
passed with a 4 to 0 vote.
5.b.2. Mr. Bird reported that Council is to consider ratifying the
SCRWTD Board action of August 9, 1985, approving the Executive Director's
two-year Bonus/Incentive Program.
Mr. Bird moved for approval, seconded by Mr. Jackel. Upon
roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes;
Mr. Weather spoon - Yes; Vi ce- Mayor Horenburger - Yes. Sa id motion
passed with a 4 to 0 vote.
5.b.3. Mr. Bird noted that at workshop they discussed the zoning
for the block of land between the City Hall and the Elementary School.
There are four duplexes being built on that block and if they zone the
land the way they instructed staff, those new buildings will become
non-conforming uses upon completion. Mr. Cohn has suggested bringing
the RO designation far enough into the block to reach the south boundary
of the new duplex development and the portion to the south of that be
POI. That would make them conforming as the City does allow duplexes in
the new RO designation.
Mr. Bird moved to instruct staff to extend the RO District
far enough south to arrive at the south line of the duplexes presently
under construction, seconded by Mr. Jackel. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mr. Jackel- Yes; Mr. Weatherspoon-
Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0
vote.
5.b.4. Mr. Weatherspoon thanked Mr. David Cohen and his wife for
letting their convertible be used in the Roots Festival Parade.
5.b.5. Mr. Weatherspoon asked for an update on the Highland Beach
rate study.
The Assistant City Attorney stated she met with staff to
review the documents they received from the Engineer. It was their
consensus that the report is not complete. There are errors which are
unacceptable. They will be writing a letter to the Managing Partners of
that firm stating their position.
5.b.6. ~]r. Weatherspoon stated that he has noticed more trash piles
accumulating throughout the community but he does not see any red tags
saying they are violations. He is concerned about those piles getting
larger and he urged the City Manager and staff to take whatever steps
are necessary to get violation notices out and to correct the problem.
The City Manager advised that they are dealing with this
problem everyday and he assured Council that numerous citations are
going out. He added that if anyone sees trash piles, they should call
them in.
~lr. Weatherspoon stated he has noticed dumpsters in the
commercial areas overflowing with trash. The problem there is that the
dumpsters get emptied but the trash on the ground remains. The City
Manager stated they have discussed this matter with Waste ~lanagement who
are trying to come up with a deal with the private companies.
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5.a.3. Mr. Robert Cohn, Planning Director, explained that this
annexation petition was filed on or about August 1, 1985. Mr. Davis,
Assistant Planner, initially felt this was a cut and dried petition, but
when he (Mr. Cohn) reviewed the location of the subject property it
became apparent that they needed to take a closer look at the situation.
If this annexation were approved subject to RM-15 District, there would
be the potential to build a multi-family project directly abutting a
R-iAAA District on the ocean side of A1A. They also wanted to review
the petition in light of the new Growth Management and Coastal Zone
legislation. They did not feel they had adequate time to present it at
this meeting. He feels they should take this to the Planning and Zoning
Board for a workshop discussion.
Al. Mass Shelters. Council is to consider authorizing execution
of agreement between the City and the American Red Cross for use of the
Delray Beach Civic Center and Pompey Park as Mass Shelters in case of
emergencies.
Mr. Bird moved to approve the statement of agreement as to
form and authorize the City Manager to execute it when the blanks are
appropriately filled in and it has been reviewed by the City Attorney,
seconded by Mr. Weatherspoon. Upon roll call Council voted as follows:
Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor
Horenburger - Yes. Said motion passed with a 4 to 0 vote.
5.c.1. The Assistant City Attorney requested that approval of Item
#11 on the Consent Agenda be subject to the City Attorney's office
working out an agreement with the condominium for maintenance, use and
liability for that parking area. The City ~nager added that it should
read "north and south".
With regard to Item #12, the Assistant City Attorney asked
if it is Council's intent to waive just the bond requirement or to also
waive the platting requirement. It was the consensus of Council to
waive just the bond requirement.
The Assistant City Attorney requested that Item#15 be moved
to the Regular Agenda. With regard to Item#16, Traffic Control Agree-
ments, she requested a provision in there stating that if Palm Beach
County decides to discontinue the practice that they should give the
City written notification. The City Manager advised that the agreements
for N.E. 1st Street and N. Swinton Avenue and S.E. 1st Street and S.
Swinton Avenue have already been approved and can be removed from the
agenda.
5.d.1. The City Manager asked Council to give consideration to
setting dates for budget hearings.
It was the consensus of Council to tentatively schedule the
meetings for Monday, August 19th, Wednesday, August 21st, and Friday,
August 23, 1985 from 5:00 P.M. to 7:00 P.M. Vice-Mayor HOrenburger
advised that the budget hearings will be held in the conference room.
The City Manager advised that they will have Public Hearings
on September 10th and September 24, 1985.
6. Mr. Bird moved for agenda approval subject to a change in
Consent Agenda Item #11 to include an agreement between the City Man-
ager's office and the Summit Condominium with regard to maintenance,
etc., the removal of Item #15 to make it Item #19A, and the correction
to Item #16 to delete items relating to N.E. 1st Street and Swinton
Avenue, and S.E. 1st Street and Swinton Avenue, seconded by Mr. Weather-
spoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr.
Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes.
Said motion passed with a 4 to 0 vote.
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PUBLIC HEARING
7. Ordinance No. 70-85 - Hill Annexation. Ordinance No. 70-85,
relative to annexing a 0.33-acre parcel, subject to R-1AA (Single Family
Dwelling) District, located on the east side of N.W. 6th Avenue, between
N.W. llth Street and N.W. 12th Street, is before Council for considera-
tion on Second and FINAL Reading. Prior to consideration of passage of
this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The City Manager presented Ordinance No. 70-85:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH' LOT
2, BLOCK 2, AMENDED PLAT OF LAKE IDA GARDENS., AS RECORDED
IN PLAT BOOK 23, PAGE 192, OF THE OFFICIAL RECORDS OF
PALM BEACH COUNTY., FLORIDA., WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS
LOCATED ON THE EAST SIDE OF N.W. 6TH~ AVENUE., BETWEEN N.W.
llTH STREET AND N.W. 12TH STREET; REDEFINING THE BOUND-
ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 70-85 is on file in the official
Ordinance Book)
The Assistant City Attorney read the caption of the ordi-
nance. 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, Florida. The public hearing was closed.
Mr. Bird moved for the adoption of Ordinance No. 70-85 on
Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun-
cil voted as follows: Mr. Bird- Yes; Mr. Jackel - Yes; Mr. Weather-
spoon - Yes; Vice-Mayor HOrenburger - Yes. Said motion passed with a 4
to 0 vote.
8. Ordinance No. 71-85 - Amendin~ Code - Alcoholic Beverages.
Ordinance No. 71-85, amending Chapter 3, "Alcoholic Beverages" of the
Code of OrdiD~nces relative to the areas and locations of restaurants
where sales of alcoholic beverages are permitted, is before Council for
consideration on Second and FINAL Reading. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
The City Manager presented Ordinance No. 71-85:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 3, "ALCOHOLIC BEVER-
AGES'' , SECTION 3-4, "AREAS AND LOCATIONS WHERE SALES
PERMITTED", BY DELETING THE RESTRICTIONS TO THE RESTAU-
RANT EXCEPTION ON LOCATION RESTRICTIONS BY DELETING THE
RESTRICTION ON RESTAURANTS ONLY BEING PERMITTED TO SERVE
BEER AND WINE AND DELETING THE MINIMUM SEATING REQUIRE-
MENT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 71-85 is on file in the official
Ordinance Book)
The Assistant City Attorney read the caption of the ordi-
nance. 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, Florida.
Mr. Robb Maass, representing 1045 Building Partnership,
stated that Erny's, which operates a restaurant and a bar, is one of
their tenants and he asked for assurance from Council that this type of
operation would be allowed under the ordinance.
- 4 - 08/13/85
The Assistant City Attorney explained that the only require-
ment is that it be a duly licensed restaurant serving full course meals.
If that is the case, the fact that it has a substantial bar business in
connection with that would not be an issue.
The public hearing was closed.
Mr. Jackel moved for the adoption of Ordinance No. 71-85 on
Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call
Council voted as follows: ~Ir. Bird - Yes; Mr. Jackel - Yes; Mr.
Weatherspoon - Yes; Vice-Mayor HOrenburger - Yes. Said motion passed
with a 4 to 0 vote.
9. Ordinance No. 74-85 - Zoning Ordinance Amendment - Off-Street
Parking. Ordinance No. 74-85, amending Chapter 30 "Zoning" of the Code
of Ordinances to provide that conditional use approval shall not be
required where parking is proposed to be located off-site in a RM-10, RH
or R~-15 zoning district on a non-residential, currently existing,
conditionally approved or permitted parking area, is before Council for
consideration on Second and FINAL Reading. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
The City Manager presented Ordinance No. 74-85:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH', FLORIDA,
BY AMENDING SECTION 30-18, "OFF-STREET PARKING REGULA-
TIONS'', SUBSECTION (B) (4)(g), "OFF-SITE PARKING" (2), TO
PROVIDE THAT CONDITIONAL USE APPROVAL SHALL NOT BE RE-
QUIRED WHERE PARKING IS PROPOSED TO BE LOCATED OFF-SITE
IN AN RM-10, RH', OR RM-15 ZONING DISTRICT ON A NON-RESI-
DENTIAL, CURRENTLY EXISTING, CONDITIONALLY APPROVED OR
PERMITTED PARKING AREA PURSUANT TO A VARIANCE; PROVIDING
A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
(Copy of Ordinance No. 74-85 is on file in the official
Ordinance Book)
The Assistant City Attorney read the caption of the ordi-
nance. 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, Florida.
In response to concerns expressed by Mr. Tore Wallin, Vice-
Mayor Horenburger explained that the intent of the ordinance is that
whenever parking exists that is already approved as conditional use for
non-residential purposes in those districts, then that parking can be
used for other conditional uses without having to go back through the
process again.
The public hearing was closed.
Mr. Bird moved for the adoption of Ordinance No. 74-85 on
Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun-
cil voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weather-
spoon - Yes; Vice-5~yor Horenburger - Yes. Said motion passed with a 4
to 0 vote.
10. Ordinance No. 75-85 - Modifying SAD Ordinance (Delra¥ Shores
Professional Plaza). Ordinance No. 75-85, amending Ordinance No. 62-83
to add medical laboratories and dental laboratories/studios as an added
conditional use, is before Council for consideration on Second and FINAL
Reading. Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at
this time.
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The City Manager presented Ordinance No. 75-85:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH', FLORIDA, AMENDING ORDINANCE NO. 62-83 BY AMENDING
SECTION 2 (a) TO ADD MEDICAL LABORATORIES AND DENTAL
LABORATORIES/STUDIOS AS AN ADDITIONAL CONDITIONAL USE
WHICH' IS PERMITTED IN THIS SAD ZONING DISTRICT; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 75-85 is on file in the official
Ordinance Book)
The Assistant City Attorney read the caption of the ordi-
nance. 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 belray Beach, Florida. The public hearing was closed.
Mr. Bird moved for the adoption of Ordinance No. 75-85 on
Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call
Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr.
Weatherspoon - Yes; Vice-Mayor Horenburger - No. Said motion passed
with a 3 to 1 vote.
CONSENT AGENDA
The following items are to be considered by Council as the
Consent Agenda:
11. Parking Areas in Right-of-Way- Delray Summit Condominiums.
Council is to consider a request for a waiver to pave parking areas in
the right-of-way at Delray Summit Condominiums, located on the north and
south side of Lowry Street between Basin Drive and the Intracoastal,
subject to the City Attorney's office working out an agreement with the
condominium for maintenance, use and liability for that parking area.
12. Waiver of Bond Requirement- Harbour's Edge Life Care Facility.
C~'uncil is to consider waiver of bond requirement for Harbour's Edge
Life Care Facility.
13. Community Service Program. Council is to consider approval
for the City Manager to participate in the Community Service Program
sponsored by the County Court Community Task Force.
14. Odor Control Facilities for Lift Stations 1, 50 and 80.
Council is to consider award of a contract to the low bidder, R.C.I.
Services, in the amount of $167,110 for three air scrubber devices, with
funds to come from the Public Utilities 1984-85 budget. Approval is
re c omme nded.
16. Proposed Traffic Control Agreement. Council is to consider
authorizing execution of Traffic Control Agreement between the City and
Palm Beach County for a period of ten years at the intersections listed
below. The County will assume all installation, operational and main-
tenance responsibilities and should give the City written notification
if it decides to stop.
N.E. 1st Street and N.E. 5th Avenue
S.E. 1st Street and S.E. 5th Avenue
S.E. 1st Street and S.E. 6th Avenue
West Atlantic Avenue and 12th Avenue
Approval is recommended.
17. Acceptance of Easement Deed- Atlantic Plaza, Ltd. Council
is to consider acceptance of a 10 foot utility easement deed, dated July
19, 19 85 for utilities for Atlantic Plaza, Ltd. Approval is recom-
mended.
18. Nuisance Abatement. Resolution No. 67-85, assessing costs
of abating nuisances in accordance with Section 13-13 on two parcels, is
before Council for consideration.
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The caption of Resolution No. 67-85 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF
ORDINANCLS OF THE CITY OF DELRAY BEACH', ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN-
CURRED BY THE CITY TO ACCOMPLISH SUCH' ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO-
VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO-
VIDING FOR THE FLAILING OF NOTICE OF LIEN.
(Copy of Resolution No. 67-85 is on file in the official
Resolution Book)
19. Abandonment of a Portion of Rhodes Villa Avenue. Resolution
No. 68-85, vacating and abandoning a portion of Rhodes Villa Avenue,
located at the northwestern end of Rhodes Villa Avenue, east of the
Intracoastal Waterway, within the Delray Beach Shores Subdivision, is
before Council for consideration.
The caption of Resolution No. 68-85 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF
RHODES VILLA AVENUE LOCATED WITHIN DELRAY BEACH SHORES, A
SUBDIVISION IN THE COUNTY OF PALM BEACH', FLORIDA, AC-
CORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, IN PLAT BOOK 23, PAGE 167.
(Copy of Resolution No. 68-85 is on file in the official
Resolution Book)
Mr. Bird moved for adoption of the Consent Agenda as modi-
fied, seconded by Mr. Jackel. Upon roll call Council voted as follows:
Mr. Bird - Yes; ~lr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor
Horenburger - Yes. Said motion passed with a 4 to 0 vote.
REGULAR AGENDA
19a. Portable Engine Generator Sets. Council is to consider
award of a contract to the low bidder, General Trading, Inc. in the
amount of $98,900 for four Onan generators to protect the wells and pump
stations, with funds to come from the Public Utilities 1984-85 budget.
The Director of Public Utilities recommends approval with the condition
that complete shop drawings and operations manuals be submitted for each
generator for review and approval prior to shipment and subject to the
City Attorney's recommendation that bid and performance bonds be waived.
The Assistant City Attorney pointed out that at the time
this item went out to bid, the bid documents required both a bid bond
and a performance bond. Under State Statute and City Code, this does
not really require a bid and performance bond and none of the bidders
provided it; however, since it was required in the bid documents, Coun-
cil will have to waive the irregularity of their failure to provide it.
She suggests that in lieu of a bid bond that the City might request
their stating in a contract that they must provide this within a given
period of time, 90 days, and that their failure to do so would be a
substantial breach of contract which would entitle the City to damages.
5~r. Bird asked if there was a specific delivery time stated
in the original contract. The Assistant City Attorney advised that
there was but she does not have that information available.
- 7- 08/13/85
Mr. Bird moved to waive the failure to provide bid bond and
performance bond and to authorize the City Attorney's office to write
their contract so as to require delivery within the period of time
stated in the bid documents, seconded by Mr. Weatherspoon. Upon roll
call Council voted as follows: Mr. Bird- Yes; Mr. Jackel - Yes; Mr.
Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed
with a 4 to 0 vote.
Before roll call, Mr. Weatherspoon asked if it is unusual
that all three bidders did not submit the bid and performance bonds.
The Assistant City Attorney explained that she assumed they understood
that it is not a standard procedure to submit bid bonds in bids where
they are only providing equipment.
The City Manager advised that his office and the City Attor-
ney's Office will be reviewing the area of bid bonds and performance
bonds because of complaints from smaller contractors who are having
difficulty meeting City requirements.
At this point the roll was called to the motion.
20. Establishment of Youth Council in Delra~ Beach. Vice-Mayor
Horenburger stated after she requested this item be put on tonight's
agenda she became aware that the Human Relations Committee will be
discussing this issue on August 20, 1985. She would like to defer this
discussion until they hear fro~ that Committee.
Mr. Jackel moved to defer Item 20 until next month, seconded
by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes;
Mr. Jackel - Yes; 5ir. Weatherspoon - Yes; Vice-Mayor Horenburger- Yes.
Said motion passed with a 4 to 0 vote.
21. Housing Assistance Plan. Council is to consider approval of
Housing Assistance Plan for the Community Development Program.
The City Manager advised that the Assistant City Manager has
completed the Housing Assistance Plan with assistance from a consultant
and has been in contact with U.S. HUD. There is currently no money to
deal with the housing problem and they do not want to raise anyone's
expectations, but they have developed a plan and they want to get their
Community Development funds.
Mr. Bird moved for approval of the Housing Assistance Plan,
seconded by Mr. Weatherspoon. Upon roll call Council voted as follows:
Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor
HOrenburger - Yes. Said motion passed with a 4 to 0 vote.
Before roll call the following discussion was had: Mrs.
horenburger noted that in Item 2 on page 1 it states that as of July,
1985, there were an estimated 20 non-resident elderly on the Section 8
waiting list. She questioned the non-residency. Mr. Syrop, member of
the Authority, explained that the HOusing Authority is authorized to
operate 10 miles outside of the City limits providing they do not en-
croach on another Rousing Authority's territory. So they do serve
people outside of the City.
Mr. Weatherspoon asked when they will have the right to
spend some money. The Assistant City Manager replied that he hopes to
get approval within two weeks but it is more likely to be about 30 days.
At this point the roll was called to the motion.
22. Administrative Relief to Allow Off-Site Parking - Leo Blair.
Council is to consider a request for Administrative Relief to allow
off-site parking within 300 feet of the lot or parcel on which the
principal use or building is located. The subject property is located
south of S.E. 1st Street, between S.E. 3rd Avenue and S.E. 4th Avenue.
This was approved 4-0 by the Technical Advisory Committee subject to the
fol lowing conditions:
( 1 ) The relief sought is consistent with the specific
provisions applicable to the request as set forth at
Sec. 30-18 (F) (2)(b);
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(2) The intent of the parking code is preserved;
(3) The parking provided will be~ sufficient to serve the
use for which it is intended;
(4) The relief sought will not be detrimental to the public
health, welfare, or safety.
Mr. Bird moved for approval, seconded by Mr. Weatherspoon.
Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel -
Yes; Mr. Weatherspoon - Yes; Vice-Mayor HOrenburger - Yes. Said motion
passed with a 4 to 0 vote.
Before roll call the following discussion was had: Mr. Bird
stated that although the parking area is across an alley, it is within
300 feet of the property and is owned by the applicant. The Assistant
City Attorney explained that when it was divided by a public alley, it
was determined to be off-site.
Mr. Bird stated he does not believe that in areas which
would be considered contiguous for purposes of annexation, it is neces-
sary to consider them as separate parcels and go through all this. He
feels they need to look into cleaning up this procedure and suggested
language stating that the intervention of a street, alley, etc. shall
not operate to sever.
At this point the roll was called to the motion.
23. Conditional Use Approval- The Sunshine Place II. Council
is to consider a request for conditional use approval for The Sunshine
Place II, a proposed day care center, located at the northeast corner of
$.W. 3rd Street and S.W. 2nd Avenue. The Planning & Zoning Board ap-
proved this by a 5-0 vote subject to the following conditions:
1. That the only conditional uses to be allowed hereunder
are as follows: day care center, kindergarten, nursery
school, and other pre-school facilities;
2. That there be no more than forty-five (45) children at
this facility at any one time in accordance with Sec.
30-17(M)(2) and Sec. 30-17(M)(4);
3. That this facility will not provide any office or
storage facility in the areas designated for class-
rooms, and that such facilities will be accommodated at
Sunshine Place;
4. Irrigation is required and must be a source other than
City water;
5. That the aesthetic appearance and the structural condi-
tion of the building be improved as may be required by
the standard building code and the Community Appearance
Board;
6. That County Health Depa rtme nt appr ova 1 be obtai ned
prior to the issuance of a building permit;
7. That all improvements are to be completed in accordance
with the approved site plan;
8. That the time limitation of this approval shall be
eighteen (18) months pursuant to Sec. 30-12(E) of the
Zoning Code.
Mr. Bird moved for approval subject to the conditions in the
memorandum, seconded by Mr. Weatherspoon. Upon roll call Council voted
as follows: ~ir. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon- Yes;
Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote.
Before roll call, Mr. Jackel expressed concern with regard
to a parking waiver. Vice-Mayor HOrenburger explained that with this
type of facility, they are more concerned with the safety aspect of
picking up and dropping off children. Most of the people who park there
do not stay for any length of time. Mr. Cohn advised that they worked
with the applicant on developing a proper access arrangement and the
plan before Council is quite adequate. He added that there was no
waiver on parking; the applicant is providing all the parking required
by Code.
Mr. Sam Schwimer pointed out that he was informed that day
care centers are having problems getting insurance in view of things
that have been happening lately.
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At this point the roll w~s called to the motion.
2.4. Appeal to Decision of Community Appearance Board - One Linton
Boulevard. Council is to consider an appeal of the CAB decision regard-
ing the height of a pole sign.
Mr. Joe Friedes, owner of the subject property, reviewed the
history of this project. The sign was originally set for the front of
the building on Linton Boulevard and was approved by the County. The
building was constructed under a County building permit. After re-
ceiving CO but before installing the sign, he was annexed into the City
and was told he could not put the sign where he had originally planned
because the City setback requirement is 30 feet whereas the County is 5
feet. For about a year he has been trying to get a sign approved. He
tried to have the sign located on the east end of the property along
Dixie highway with a 30 foot setback but Mr. Johnson would not issue a
permit because it would elimiD~te a parking space. He recently went
back to CAB and requested to install the sign 70 feet back from the
property line. In order to make the sign visible from both directions,
he asked to have the sign 25 feet high which is the maximum allowed by
City ordinance. The CAB approved the sign but said he could not go
higher than 20 feet. With a roof line of about 17 feet, a sign 20 feet
high would have no visibility from the west. The sign he presented to
CAB does not violate any City ordinance, the City allows a 25 foot sign
and the CAB has no jurisdiction on limiting height. Therefore, he is
asking Council to override the CAB decision and allow the 25 foot sign.
Upon question by ~r. Bird, the Assistant City Attorney
advised that the mechanical regulations set forth in the Code are simply
maximums allowed. The CAB does have jurisdiction with regard to aes-
thetics and if it believes that anything permitted mechanically under
'the Code would not be in keeping with the aesthetics of the building or
the surroundings, it does have the jurisdiction to alter that.
Mr. Bird asked if at the time the property owner applied for
annexation, he looked into City rules and Codes. Mr. Friedes replied
that he ~as annexed subject to getting the CO and he did not anticipate
any problems. His mistake was in not getting the sign done before the
CO; it was a timing problem.
~]r. Bird felt that the applicant's mistake was in using
every square inch of space; now there is not room to put in the sign he
would like to and meet City Codes. Mr. Bird stated they are being asked
to overturn the decision of a Board which has been asked to take into
account the aesthetic quality of this community to satisfy a shortsight.
He feels the City was accommodating by allowing the applicant to con-
tinue the process which he had started in the County.
Vice-5]ayor Horenburger stated that she recalis when Mr.
Friedes came before the Planning & Zoning Board regarding annexation and
water service which he desperately needed. She recalls them making it a
condition of annexation and water service that Mr. Friedes would indeed
follow the dictates of the Community Appearance Code.
Upon question by Mr. Jackel, Mr. Friedes advised that the
sign is five feet wide and seven feet high; the colors of the sign are
green on a beige background.
Mr. Bird moved for approval of the CAB decision, seconded by
Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes;
~ir. Jackel - Yes; ~Ir. Weatherspoon- No; Vice-Mayor HOrenburger - Yes.
Said motion passed with a 3 to 1 vote.
Before roll call, Mr. Weatherspoon noted that if Mr. Friedes
had completed construction in the County, he would have been allowed to
have the sign with only a 5 foot setback. Considering that, considering
the fact that at 30 feet the sign would be in the middle of the parking
lot, and the fact that the owner has been trying to get a sign for a
year, he feels that if the owner is willing to set the sign 70 feet back
from the property line, they should allow him that extra 5 feet so that
people can see the sign. In certain situations they should make excep-
tions to the rules.
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At this point the roll was called to the motion.
25. Final Plat Approval - Park Ten Third Addition. Council is
to consider a request for final plat approval for Park Ten Third Addi-
tion, a proposed light industrial subdivision, located south of S.W.
10th Street, between Germantown Road and 1-95. The Planning & Zoning
Board approved final plat and request for a waiver of the cul-de-sac by
a vote of 7-0.
Mr. Bird moved for approval of the final plat, seconded by
Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes;
Mr. Jackel - Yes; ~lr. Weatherspoon - Yes; Vice-Mayor HOrenburger - Yes.
Said motion passed with a 4 to 0 vote.
26. Proposed Water Main Easement and A~reement - Messrs. Vernon,
Leon, Evans, L~ans, Ricci and Sin~er, as Tenants-in-Common. Council is
to consider authorizing execution of easement deeds for a temporary 25-
foot and permanent 15-foot easement for water transmission line purposes
to be installed underground on the north side of 151 N.W. 18th Avenue.
If Council agrees to the payment of $9,250 for the easement, funds may
come from the 1983/84 Water and Sewer Revenue Bond Reserve. Approval is
re c omme nded.
Mr. Bird moved for approval, seconded by Mr. Weatherspoon.
Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel -
Yes; ~lr. Weatherspoon - Yes; Vice-Mayor HOrenburger - Yes. Said motion
passed with a 4 to 0 vote.
27. Ordinance No. 77-85 - Amendin~ Code - Forfeiture of Office.
Ordinance No. 77-85, amending Chapter 2 "Administration" of the Code of
Ordinances to provide that any member of any City board or commission
appointed by City Courcil shall forfeit his/her appointment automatically
without further action of the City Council if said member fails to
attend three consecutive regular meetings of their board or commission,
is before Council for consideration on First Reading.
The City Manager presented Ordinance No. 77-85:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING ARTICLE VII, "REMOVAL OF MUNICIPAL
BOARD OR COMMISSION MEMBERS", BY ADDING A NEW SECTION
2-134, "FORFEITURE OF OFFICE", TO PROVIDE THAT ANY MEMBER
OF ANY CIndY BOARD OR COMMISSION APPOINTED BY THE CITY
COUNCIL SHALL FORFEIT HIS/HER APPOINTMENT AUTOMATICALLY
WITHOUT FUR~REk ACTION OF THE CITY COUNCIL IF SAID MEMBER
FAILS TO ATTEND THREE CONSECUTIVE REGULAR MEETINGS OF
THEIR BOARD OR COM~iISSION; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
Mr. Jackel moved for the adoption of Ordinance No. 77-85 on
First Reading, seconded by Mr. Weatherspoon. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mr. Jackel- Yes; Mr. Weatherspoon-
Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0
vote.
Before roll call, Vice-Mayor Horenburger asked that all new
members of Boards be informed of this in the initiation information the
City provides them with and that it be part of any orientation for new
Chairmen of Boards.
At this point the roll was called to the motion.
Vice-Mayor Horenburger declared the meeting adjourned at
8:35 P.M.
~ City Clerk
- 11- 08/13/85
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray
Beach and that the information provided herein is the minutes of the
meeting of said City Council of August 13, 1985, which minutes were for-
mally approved and adopted by the City Council on~ ~,j/~>J-.
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
Council. They will become the official minutes only after they have
been reviewed and approved which may involve some amendments, additions,
or deletions to the minutes as set forth above.
- 12 - 08/13/85