03-13-84 ~RC~°' 13; ~ 1984
A regular meeting of the City Council of the City of Delray
Beach, Florida, was called to order by ~ayor Willard V. Young in the
Council Chambers at City Hall at 7:05 P.M., Tuesday, harch 13, 1984.
Roll call showed:
Present - Council ~iember Malcolm T. Bird
Council Member Doak S. Campbell
Council Member Arthur Jackel
Council Member Edward L. Perry
Mayor Willard V. Young
Absent - None
Also present were - City hanager James L. Pennington, and
City Attorney Herbert W.A. Thiele.
The opening prayer was delivered by Reverend Gerald Dingman,
Cason United Methodist Church.
The Pledge of Allegiance to the flag of the United States of
America was given.
Mr. Bird moved for approval of the minutes o~ the Regular
Meeting of February 28, 1984 and Special Meeting of February 21, 1984,
seconded by 5~. Jackel. Upon roll call Council voted as follows: 5~.
Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; 5~. Perry abstained;
Mayor Young - Yes. Said motion passed with a 4 to 0 vote. hr. Perry
abstained as he was not present at the Regular Meeting.
5'~a~l~ Fit~'~N6~'"B~hh~, 4130 N.W. 10th Street, stated that she
feels Leadership Cablevision is in violation of their agreement with the
City because they have refused to service her and many of her neighbors
who would like to have Cable TV. She noted that there is a cable within
1/8 mile of her house and there are many houses that have it. She feels
that City Council should notify Leadership that they should service her
area with cable immediately or suffer the consequences.
The City Attorney advised that they have received a claim
letter from 5~s. Bannoura and her attorney, so at this time, their
comments have to be relatively limited due to the nature of the allega-
tions of the claim. The matter is still under investigation. Upon
question by Mr. Bird, the City Attorney replied that they will revisit
the matter within about the next three weeks.
5'~b%1~ Mr. Campbell stated that he is concerned that they did not
receive the additional grant for the second phase of Barwick Park as
anticipated and he hopes they will apply again next year. In addition
to the existing funds coming from the State, he would like to see monies
committed from the impact fee they have been collectin9. He feels the
impact fee purpose originally was for capital outlay and, to his knowl-
edge, this is the only capital outlay in Parks and Recreation which is
presently unfunded. He would like to know (1) how much money they have,
and (2) how much of that they should properly allocate to the second
phase of Barwick Park.
Mr. Perry expressed concern over the need for funds for
additional lifeguards for the beach as well as funds for Barwick Park.
Mr. Jackel concurred with ~. Campbell and added that he would like to
see some figures before reaching any decisions.
5~b~% Mr. Jackel stated that when the City hanager was appointed
in November, the salary negotiated was $46,000 with a top salar~ of
$49,000. A few of the department heads receive a higher wage than hr.
Pennington and he feels this is inappropriate.
Mr. Jackel moved that 5~. Pennington's salary be increased
to $48,500 per annum effective immediately, seconded by F~. Perry. Upon
roll call Council voted as follows: hr. Bird - No; 5~. Campbell - Yes;
Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - No. Said motion passed
with a 3 to 2 vote.
Before roll call the following discussion was had: 5~. Bard
stated he felt the salary they negotiated was fair and that the six
month salary review which would have caused them to reconsider it in
July was appropriate. He would ask Mr. Jackel if this motion is in lieu
of or in addition to the July salary reconsideration. ~r. Jackel stated
it is his intention to review the City Manager's salary at the appro-
priate time, during the budget session, and it would probably become
effective September 30 or October 1st. ~. Perry noted that he seconded
that motion with the understanding it would not preclude the normal July
review. Mr. Jackel stated he is quite willing to review the situation
in July. Mayor Young felt it is out of order to add this to the burden
of the taxpayers at this time and then consider another increase
July.
At this point the roll was called to the motion.
Mr. Bird congratulated ~. Pennington on becomang the
highest paid member of the City staff. He added that he is sure it is
deserved and his vote was one of protocol, not substance.
5~b~3% Mr. Bird thanked the campaign workers, the candidates and
everyone who voted today.
5~b~ In regard to the Delray Beach family housing shortage, Mr.
Bird read the following statements into the record and asked that copies
of it be sent to members of the appropriate agencies:
The following seem to be the facts regarding family rental housing
needs in Delray Beach:
There is a serious lack of family rental housing City-wide;
That the most glaring deficiency exists in the black community;
That moderate income families find great difficulty in qualifyin9
to be first time home buyers.
The partial solution to those problems may be
This proposal will, as it did in settling the plain states, pro-
vide free or almost free land at government expense providin9 that
the individuals would erect homes upon it and maintain them for a
given period of time.
The elements of the proposal are:
That the City and/or County will contribute the property to be
distributed;
That the Community Development Agency shall provide the infra-
structure to the development;
That the local lending institutions should be brought in to pro-
vide construction/mortgage financing;
That the local population shall be brought into the equation as
the owners of the units.
The mechanics of the project are as follows:
The property would be plotted into an Rh-6 subdivision of approxi-
mately three building lots to the acre. Each lot would be of
sufficient size to support one duplex building. That each build-
ing would be situated on the lot so that a line drawn down the
middle of the dividing wall would divide the lot into two sec-
tions, the smallest of which would be a minimum of 4000 square
feet. Both sections of the lot thus created would have direct
access to a public or private street.
- 2 - 03/13/84
The plotted lots would be sold at a nominal price to individuals
under the following conditions:
That a duplex unit be constructed on the site within 18 months;
That a minimum of one side of the duplex shall be rented for a
period of five years;
That there not be a change in ownership in less than five years
other than by judicial requirement or transfer due to death of the
. owner;
That no immediate family unit may qualify for more than five
building lots;
That in the event no unit is constructed within 18 months, or that
the unit constructed is not a duplex, or that the unit is not
retained for the requisite five years, then the purchaser shall be
required to pay an amount equal to the appraised value of the
property.
The advantages of this proposal would seem to be the following:
The ownership of property might be made available to persons who
otherwise would not be able to buy because of lack of equity;
The units would end up on the tax rolls;
The development would have a density virtually identical to the
existing R-lA development pattern;
The development, after the five year mandatory rental time period,
would be able to be subdivided with each side of the duplex being
saleable, thus providing an opportunity for others to participate
in home ownership at a reasonable cost.
To the evaluators of this proposal, I would urge that you modify
this effort to make it stronger. It is not presented as the final
solution but rather as the point of departure in a journey to
solve a pressing community problem.
Council discussion was held at this time regarding possible
modifications to the proposal. Mayor Young asked that the members of
Council review this proposal and be prepared to discuss it at a later
date.
5~b~l~ With regard to Mr. Campbell's proposal, Mr. Bird stated that
perhaps they need to go back and reevaluate all of their priorities and
some of their funding decisions which may have been made in anticipation
of that flow. He is thinking of things like the shelter on the beach
and other things that are purely capital in nature. In his understand-
ing, the funds they collected from the impact fee are regional in nature
as to the point of collection unless they are in support of a function
that only exists in one place in the City; i.e., the beach, the golf
course, etc. He suggests they go to workshop and take a hard look at
everything and come forward one more time with a revised priority list.
The City Manager advised that he can provide Council with a
detailed account of how much money is actually in the fund and the
sources of the funds. That is important in the language of the ordi-
nance when it talks about the proximity issue. Upon the request of
Mayor Young, he stated he can have those figures available for the next
workshop meeting.
Mr. Perry stated that, as he understands it, the need for
additional lifeguard personnel cannot be taken care of by these funds.
5~b~5~ Mayor Young presented and read a proclamation proclaiming
March 13, 1984, as "ORT Day". ~embers of Ort came forward to accept the
proclamation and thanked Mayor Young.
- 3 - 03/13/84
5~%1% The City Attorney reported that there are three resolutions
before Council which are not listed on the agenda: Resolution No. 24-84
opposing the plan of the South County Migrant Coordinating Council;
Resolution No. 23-84 relative to a current proposal on municipal Sunset;
and Resolution No. 20-84 relative to road improvement.
5~d~l~ The City Manager reported that he has received a request
from Mr. Mike Brody, Delray Beach Housing Authority, to have a meeting
with City Council, DBHA representatives and representatives of the
County Housing & Community Development Office present. He suggested
they hold this meeting at a workshop session if this is agreeable to
Council.
It was the consensus of Council to hold this meeting at the
Workshop session on April 17, 1984.
5~d~2% The City Manager reported that they received a request from
Highland Beach concerning a proposal that is being discussed in the
legislature regarding what is referred to as the "Municipal Sunset Law".
To his understanding, it would, in effect, eliminate cities with popu-
lations of 5000 or below. The request is for Council to take action to
oppose that particular bill. It is before Council at the request o~
some of their surrounding communities.
5~e~2% The City Attorney stated that they promised the Cable TV
applicants at the last meeting that they would designate a date to
conduct a meeting on the application. He suggested it be of the public
hearing variety and that it be conducted as a separate item at a special
Council meeting. Due to Council's current knowledge about the applica-
tion and some of the other decisions that were made, Council may or may
not want to make sure the decision is made before the April 2nd change
takes place.
Upon comment by ~. Jackel, the City Attorney advised that
they intentionally have not distributed anything to Council so that each
side gets a running start at the same time. They will submit to the
applicants a schedule requesting them to submit all documentation to the
City for distribution by a certain date and saying that a public hearing
will be held on a certain date. The City Manager added that the City
Attorney is trying to follow an exact legal path because it can become a
very severe legal matter if a wrong step is taken.
Upon recommendation of Mr. Bird, the City Attorney stated
that they will notify the applicants that the deadline for submission of
written materials to the City Attorney's office for distribution to
Council will be 5:00 P.M. on March 21, 1984 and that they will conduct a
hearing on the application for a second franchise on March 28, 19~4 at
7:00 P.M.
Mr. Bird moved that they require the information to be
submitted to the City Attorney's office for consideration by Council no
later than 5:00 P.M., March 21, 1984, to be considered by Council in a
special formal meeting to be held at 7:00 P.M. on March 28, 1984, sec-
onded by Mr. Perry. Said motion passed unanimously.
~. Bird moved for agenda approval with the addition o~
Resolution No. 20-84, Resolution No. 23-84 and Resolution No. 24-~4
being numbered as Items 17.a., 17.b. and 17.c. respectively on the
Consent Agenda, seconded by Mr. Perry. Said motion passed unanimously.
PUBLIC-~EARINGS
O~ih~h~'"N~ll~"~-Th~C~h~Ahh~k&~bh~ Ordinance No.
11-84, relative to annexing a 4.67-acre parcel subject to SAD (Special
Activities District) to allow an office development, is before Council
for consideration on Second and FINAL Reading. The property is located
on %~st Atlantic Avenue, west of High Point Boulevard, east of Hamlet
Drive, if extended north. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been sched-
uled to be held at this time.
- 4 - 03/13/84
The City ~lanager presented Ordinance No. 11-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE
WE ST ONE-HALF (W½) OF THE SOUTH%4EST ONE-QUARTER (SW¼) OF
THE NORTHWEST ONE-QUARTER (NW¼) OF THE SOUTHWEST ONE-
QUARTER (SW¼) LYING NORTH OF STATE ROAD NO. 806, OF
SECTION 18, TO~SHIP 46 SOUTH, RANGE 43 EAST, PALh BEACH
COUNTY, FLORIDA, ~ICH LAND IS CONTIGUOUS TO EXI STING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF.
(Copy of Ordinance No. 11-84 is on file in the oCficial
Ordinance Book )
The City Attorney read the caption of the ordinance. 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.
M~% ~' Wil li~ J~ '- C~ti~, on behalf of High Point property
owners, expressed concern as to the impact of this development on their
sewage system. Research has indicated that as each building was com-
pleted along High Point Terrace West, a test was done to make sure the
existing sewer was able to sustain the flow from the new buildin9 ana
the sewer system has worked very satisfactorily. He inquired that if
this connection is made and if an individual in High Point should have a
sewage problem, who would pay for that. They would like to have some
sort of a bonded indemnification for a certain period of time, two years
or so, wherein a bond could be placed in escrow so that if something
happened to the sewer system, there would be money there to pay for it.
Mr. Perry stated that ~. Curtis seemed to indicate that the
sewers belong to the City. If there is a problem it would seem to be
the City's responsibility. Mr. Curtis asked if the City would be will-
ing to stipulate that if this hookup is made and something does go wrong
in individual homes that the City would be responsible. This is what
the individual people are worried about. They are looking for an in-
dependent engineering study. Upon question by ~. Bird, ~. Curtis
advised that under the condominium regulations, everything that happens
within their homes is their problem; everything that happens outside is
the condominium's problem.
~:~'~ M~ih'~ S~h~, Sanders Planning Group, stated that he
spoke with 5~. Curtis and the agreement was that during the final engi-
neering process they will look into an engineering study to reassure
them that the capacities and systems they are proposing in their hookup
will not overload High Point's system. Right now, he thinks the line is
only at about 10% capacity.
~1" ROb~t-' P~ht~k, Utilities Director, advised that they
reviewed the capacity of the Lift Station 84 which handles High Point
Sections 1 through 6. It has a capacity of 1,000 gallons per minute and
is presently operating at substantially less than that. They have also
looked at the existing gravity collecting system through the Hi9h Point
Sec. 1 area; at one-half capacity, the system has 273 gallons per minute
and currently the average flow is 49 gallons. It is the recommendation
of the Utilities Department that the gravity sewer has ample reserve
capacity to accommodate this flow and it is preferential to connect by
this means rather than to construct another lift station. Upon ques-
tion, he advised that the study was made on January 16, 1984.
Mr. Curtis added that there is another development, Granada
Estates, which is contiguous to their community which is on tonight's
agenda also. That project is planning to connect to other sewer lines
and they wonder why this pro3ect cannot hook in with that new pro3ect.
Upon question by ~. Jackel, he added that he was satisfied with
Pontek's remarks; however, he would like to have documentation to that
effect. Mr. Pontek agreed to supply that to ~. Curtis and explained
why they are not hooking up this project with Granada Estates.
- 5 - 03/13/84
The public hearing was closed.
F~. Bird moved for the adoption of Ordinance No. 11-84 on
Second and FINAL Reading, seconded by ~lr. Perry. Upon roll call Council
voted as follows: Mr. Bird - Yes; F~. Campbell - Yes; ~r. Jackel - Yes;
Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0
vote.
8~.~ O~di~ah~-N~~ 12~8~~' ~'~ Th~'~ C~h~~ R~koh~h'~: Ordinance No.
12-84, relative to rezoning of a 4.67-acre parcel of land, subject to
SAD (Special Activities District), located on West Atlantic Avenue, west
of High Point Boulevard, east of Hamlet Drive, if extended north, 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. 12-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY IN THE
COUNTY OF PALM BEACH WITH COUNTY ZONING OF AR (AGRI-
CULTURAL RESIDENTIAL) DISTRICT, IN THE CITY ZONING SAD
(SPECIAL ACTIVITIES DISTRICT) , BEING A 4.67 ACRE PARCEL
OF LAND LOCATED NORTH OF ATLANTIC AVENUE BETWEEN HIGH
POINT BOULEVARD AND HAS, ET DRIVE, IF EXTENDED NOR?H, SAID
LAND BEING IN SECTION 18, TOWNSHIP 46 SOUTH , RANGE 43
EAST; GRANTING CONDITIONAL USE AND SITE AND D~VELOP~'~¥.NT
PLAN APPROVAL; PROVIDING A GENERAL REPEALER; AND AMENDING
"ZONING ~%P OF DELRAY BEACH, FLORIDA, 1983".
(Copy of Ordinance No. 12-84 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. 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. 12-84 on
Second and FINAL Reading, seconded by ~. Jackel. Upon roll call Coun-
cil voted as follows: ~. Bird -Yes; Mr. Campbell- Yes; 5~. Jackel-
Yes; 5~. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to
0 vote.
Before roll call, upon the request of ~. Campbell, hr.
Sanders showed Council the plans and briefly described the pro3ect.
At this point the roll was called to the motion.
~ONSENT*AGENDA
The following items are to be considered by Council as the
Consent Agenda:
D~d~A~%hh~'~5~'~T~tah~L~'D~l~'Ih~% Council is
to consider acceptance of original waterline easement, original sewer-
line easement and drainage easement in Tracts "B", "C" and "D" of
Laver's North to satisfy the requirements indicated in the plat o~
Layer's North. Approval is recommended.
I0~ Bi~"Pl&h~AD~69aI-~-Ha~b6~'~CI~b~, Council is to consider
~-i~e plan approval for Harbor Club, a proposed 14 unit multiple family
project located west of Florida Boulevard, between Avenue "L" and Lahat
Avenue. This was approved by a 6-0 vote of the Planning and ~oning
Board subject to the following conditions:
(1) Engineering Divisions's memorandum of February 3, 1984.
(2) City Horticulturist's memorandum of February 15, 1984.
(3) Fire Marshal's memorandum of February 13, 1984.
- 6 - 03/13/84
(4) That all improvements be completed in accordance with
the approved site plans; and,
(5) That the time limitation of this approval be eighteen
(18) months pursuant to Section 30-22(E) of the Zonin9
Code.
FihS1-P%a%~A~?~I-~-P~k-T~5"S~6~-Ad~%k~h% Council is
to consider final plat approval for Park Ten Second Addition, a proposed
light industrial project located south of S.W. 10th Street, between 1-95
and Germantown Road. This was approved by a 7-0 vote of the Planning &
Zoning Board.
~a-Ta~tI~N~%~R~16~ati~h% Council is to consider award of
a contract to the low bidder, Nova University, in the amount of $12,440
for beach monitoring and turtle nest relocation from April 14th through
September 1, 1984, with funds to come from the beach renourishment fund.
Approval is recommended.
~&eili%~% council is to consider award of contracts to the low bidders
with funds to come from the Reserve Account for storage tank:
Building Site and Mechanical %~rk--
United Steel Erectors, Inc. $274,057.00
%4ater Storage Tank--The Crom Corporation -270~918100
$544,975.00
Nih~-5]&hhSl~-R~la~htB~ Council is to consider award of
a contract to the low bidder, H&H, Fort Lauderdale, for replacement of
nine manholes in the amount of $133,000 with funds to come from the 1983
Revenue Bonds.
151 R~B~'Ch~BBiB~ Council is to consider award of a contract
to the low bidder, Sherwood Pontiac, in the amount of $11,616 for a 1984
C-30 Chevrolet cab and chassis for the Fire Department. Funds are to
come from the 1983-84 budget. Approval is recommended.
R~nin9~ R~a~t- ~" $~tt¥- ~id~'-~f~-~Ei" 10th-Bt~%~ ~ b~tW~h' ~
Resolution No. 21-84, requesting permission from the Palm Beach County
Board of Commissioners to rezone land annexed from RH (High Density)
(County) to RH (Medium High to High Density Dwelling District)(City), is
before Council for consideration.
The caption of Resolution No. 21-84 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REQUESTING PERMISSION FROh THE BOARD OF
COUNTY COM~I SSIONERS, PURSUANT TO FLORIDA STATUTE S
171. 062 , TO REZONE LAND ANNEXED TO THE CITY OF DELRAY
BEACH FROM THE COUNTY ZONING CLASSIFICATION RH-HIGH DEN-
SITY TO THE CITY'S ZONING CLASSIFICATION RH-MEDIUh HIGH
TO HIGH DENSITY DWELLING DISTRICT.
(Copy of Resolution No. 21-84 is on file in the official
Resolution Book)
Stt~t-a~d"th~"D~lta~'~alI*'~J~§~h~P~ahd~E~il~'-F~'P~ht&i Resolution No.
22-84, requesting permission from the Palm Beach County Board of Con,-
missioners to rezone land annexed from CG (General Commercial) (County)
to RM-10 (Multiple Family Dwelling) District (City), is before Council
for consideration.
- 7 - 03/13/84
The caption of Resolution No. 22-84 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF
COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTE S
171. 062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY
BEACH FROM THE COUNTY ZONING CLASSIFICATION CG (GENERAL
COMMERCIAL) DISTRICT TO THE CITY'S ZONING CLASSIFICATION
RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT.
(Copy of Resolution No. 22-84 is on file in the official
Resolution Book)
Res--~ution No. 20-84, relative to the expansion of Congress Avenue, ~s
before Council for consideration.
The caption of Resolution No. 20-84 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REQUESTING PALM BEACH COUNTY TO ~KE
PLANS FOR AND FUND CERTAIN IMPROVEMENTS IN CONNECTION
WITH THE EXPANSION OF CONGRESS AVENUE; PROVIDING FOR
FURNISHING COPIES OF THIS RESOLUTION.
(Copy of Resolution No. 20-84 is on file in the official
Resolution Book)
17%b~ ODDOBiti~h~ %~ th~-M~hi~i~al~ Sah.~t" LaW~. Resolution No. 23-84,
expressing opposition to the "hunicipal Sunset Law" is before Council
for consideration.
The caption of Resolution No. 23-84 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF bELRAY
BEACH, FLORIDA, EXPRESSING THE CITY COUNCIL'S OPPOSITION
TO THE "MUNICIPAL SUNSET LAW" %~HICH PROPOSES THE ELIMINA-
TION OF MUNICIPAL GOVERNMENTS WITH POPULATIONS OF UNDER
5,000; PROVIDING FOR FURNISHING COPIES OF THIS RESOLU-
TION.
(Copy of Resolution No. 23-84 is on file in the official
Resolution Book)
17~ ~', O~%i~n- t~ H~-~ ihg'~ ~t'~ ~i~aht~ Lab~ Resolution No.
24-84, expressing opposition to the plan to locate housing for migrant
labor within Delray Beach, is before Council for consideration.
The caption of Resolution No. 24-84 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, EXPRESSING THE CITY COUNCIL'S OPPOSITION
TO THE PLAN BY THE SOUTH COUNTY MIGRANT COORDINATING
COUNCIL TO LOCATE HOUSING FOR MIGRANT LABOR WITHIN THE
CITY OF DELRAY BEACH.
(Copy of Resolution No. 24-84 is on file in the official
Resolution Book)
Upon question by F~. Perry regarding Item 12, Sea Turtle
Nest Relocation, the City Attorney advised that it is contingent upon
their going through with the beach renourishment.
Mr. Bird moved for adoption of the Consent Agenda with the
addition of items 17.a., 17.b., and 17.c., seconded by Mr. Perry. Said
motion passed unanimously.
- 8 - 03/13/84
REGULAR'~ AGEN DA
18% P~§~h%~%iSh-b~E~h~%'-~'~i~h~'th~-I982~83'ahd~t~d
~-~ial-~t~%~%~% Mr. Paul Bremer of Ernst & ~inney made a pres-
entation on the 1982-83 audited financial statements, outlining the
highlights of the report. He noted that the total fund equity of the
general fund is $2,058,000 and the undesignated portion of that is
$2,030,000. The undesignated portion of special revenue fund is
$242,000. He explained further how they arrived at these figures. ~.
Bremer also highlighted the Water and Sewer fund and Country Club fund.
For the Water & Sewer fund, their total operating revenue was approxi-
mately $8,700,000 and net income was $2,400,000. Regarding the Country
Club fund, the net income was $142,566 and $194,000 was received in
insurance proceeds due to the fire at the Club.
At this time Mr. Bremer answered various questions from
Council and the public. Upon question by ~s. Phyllis Plume, ~r. Bremer
explained that there is a loss in the Country Club fund of approximately
$52,000; that includes depreciation on the fixed asset. This is as of
September 30, 1983.
The City Manager stated that as a new City Manager, these
reports give him a good view of the financial condition of the City. He
has found that in many cases they will not to be able to accomFlish
everything set out in the management report, but it gives them a good
guideline and direction.
Mr. Perry stated that two years ago they were facing a
pretty serious situation as far as City finances were concerned and he
would like to take this opportunity to let them pat themselves on the
back. Mayor Young concurred and thanked ~z. Bremer for his presenta-
tion.
Council is to consider the appeal of Planning & Zoning Board denial of
the site plan modification for Dumar Plaza to allow a bank drive-in
facility.
The City Attorney pointed out that this appeal falls under
the relatively new provisions to the Zoning Ordinance for modifications
of site plans; therefore, an appeal was lodged by the applicant pursuant
to Sec. 30-22(F).
Mr. Roger Saberson, representing Dumar Plaza, made a pres-
entation. He stated that a financial institution with a drive-in facil-
ity is a permitted use in an SC (Specialized Commercial) District, not a
conditional use. The only thing before Council tonight is a minor site
plan modification, so categorized by the P&Z Board. The PaZ Board heard
this matter on January 16, 1984 and the essence of their comments was
that by locating the financial institution with drive-in facillty on the
site, the site would be somewhat forced or cramped in terms of site
location and usage. He feels it is important for Council to keep in
mind that it is more of a subjective than objective standard and is
really not the type of standard that is contemplated by the site plan
regulations of the City. Further, the site plan, as presented, meets
all the technical requirements of the City Zoning Code. The Traffic
Engineering Department has approved it and finds no problem in terms of
traffic circulation, layout, parking, etc. ~r. Saberson requested that
Council approve this minor site plan modification.
5~. Michael McDaniel, Planning Director, advised that 5~.
Saberson has recounted the facts accurately. The proposed modification,
in fact, complies with all the technical requirements of the Code. In
recommending denial, he believes it was the Board's feeling that to
approve this would tend to overload the site; that while somethin9 mlght
be in compliance technically, it nevertheless may not be the best solu-
tion for the development of the site.
Mr. Perry questioned if it is within the parameters of the
Board to go beyond the technical requirements of the Code. 5~. Jackel
felt the Board has the right to express opinions beyond that.
- 9 - 03/13/84
Mrs. Kathi Sumrall, P&Z Board member, showed Council the
site plan and explained the problems the Board encountered regarding
access and parking. The bank will be going in; it is the drive-in
facility which they felt would complicate the traffic situation.
At this time Council discussion was had. ~ayor Young felt
that part of the problem could be corrected by placing a si9n there.
Mr. Perry agreed that a cautionary sign and adequate striping could
alleviate the problem and he would be prepared to support the petition.
Mr. Perry moved to go along with the petitioner, seconded by
Mr. Bird. Upon roll call Council voted as follows: ~. Bird - Yes; 5~.
Campbell - Yes; Mr. Jackel - No; Mr. Perry - Yes; Mayor Young- Yes.
Said motion passed with a 4 to 1 vote.
Before roll call, Mr. Jackel stated he comes to a different
conclusion because people do not obey signs and he does not feel a sign
would remedy the situation at all. Mr. Bird stated that if the drive-in
facility causes a problem because of having removed parking space, the
principal agency to be impacted by that will be the bank. He would also
concur with Mayor Young's and ~. Perry's position. 5z. Campbell stated
he appreciates the P&Z Board's position but he has no basic objection to
the petition. In an effort to protect the abutting residential area, he
asked the applicant if he would object to planting some shade trees
along the back of the property. Mr. Saberson agreed to that condition.
At this point the roll was called to the motion.
20% T~i~'B6~I~&~d~&W~II~ Council is to consider award of a
contract to the low bidder, B.K. Marine Construction, Inc. in the amount
of $49,500 for replacement of Tropic Boulevard seawalls. $10,000 is
available in the Public %~rks budget and $39,500 in the Contingency Ac-
count. The City Manager recommended approval.
Upon question by ~. Jackel, the City ~anager explained that
the seawall was in the process of collapsing along Tropic Boulevard and
definitely requires correction.
Mr. Perry moved to award the contract to B.K. ~arine Con-
struction subject to the City Attorney's review of the contract, sec-
onded by Mr. Jackel. Said motion passed unanimously.
Before roll call, upon question by Mayor Young, the City
Manager advised that the berm should be completed in conjunction with
this. Upon question by 5~. Campbell, he advised that this would have an
adverse impact upon a City street if it were not done.
At this point the roll was called to the motion.
2I~ O~dih~h~'N~'~16~8~G~h~"E~%~%~R~Ohih~'~'~'C~h~ti~h~l~
U~-ahd'Sit~-'&hd'D~9~I6~ht"Pl&h'A~69aI% Ordinance No. 16-84, rela-
tive to rezoning a ll.44-acre parcel of land, subject to SAD (Special
Activities District) for a proposed 115 unit, single family, zero lot
line development, is before Council for consideration on First Readin9.
The subject property is located on the north side of Atlantic Avenue,
between Barwick Road and High Point Boulevard. If passed, the Public
Hearing will be held on April 10th.'
The City Manager presented Ordinance No. 16-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH , FLORIDA, ZONING AND PLACING LAND %~ICH IS PRES-
ENTLY ZONED R-1AA (SINGLE FAhILY DWELLING) DISTRICT, IN
SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 11.44 ACRE
PARCEL OF LAND LOCATED ON THE NORTH SIDE OF ATLANTIC
AVENUE, BETWEEN BA~4ICK ROAD AND HIGH POINT BOULEVARD,
SAID LAND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE
42 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOP-
MENT PLAN APPROVAL AND AMEN DING "ZONING 5~P 05' DEL RAY
BEACH, FLORIDA, 1983".
The City Attorney read the caption of the ordinance.
- 10 - 03/13/84
~ir. Perry moved for the adoption of Ordinance No. 16-84 on
First Reading, seconded by ~. Jackel. Upon roll call Council voted as
follows: 5~. Bird - Yes; ~. Campbell - Yes; ~. Jackel - Yes; hr.
Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote.
Before roll call, Mr. Jackel stated that he would like to
see the site plan before adopting this on Second Reading. ~. Campbell
stated that he loo~ed at it today and would suggest that the other
members do so as well. The City 5]anager advised that the information is
available in the Planning office for anyone who would like to review it;
however, as a policy matter, Council could require developers to provide
each Council member with a copy of the plan. Council discussion was had
in this regard. It was the consensus that one copy available in the
Planning Department would be sufficient.
At this point the roll was called to the motion.
22~ O~dih~h~- NO~. ~-17~8~4- ~'~ G~h~&~ E~%~%~' Ke~Ohih~'~~ C~hdit~h~l~
U~"&~d~ Sit~-&hd-D~;~l~ht' PI&~'~ ADD~gal'i Ordinance No. 17-84, rela-
tive to rezoning a 13.06-acre parcel of land, subject to SAD (Special
Activities District) for a proposed 115 unit, single family, zero lot
line development, is before Council for consideration on First Reading.
The subject property is located on the north side of Atlantic Avenue,
between Barwick Road and High Point Boulevard. If passed, Public Hear-
ing will be held on April 10th.
The City Manager presented Ordinance No. 17-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRaY
BEACH , FLORIDA, ZONING AND PLACING LAND ~IC~{ IS PRES-
ENTLY ZONED RM-6 (MULTIPLE FAE~ILY DWELLING) DISTRICT, IN
SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 13.06 aCRE
PARCEL OF LAND LOCATED ON THE NORTH SIDE OF ATLANTIC
AVENUE, BETWEEN BARWICK ROAD AND HIGH POINT BOULEVARD,
SAID LAND BEING IN SECTION 13, TOWNSHIP 46 SOUTH , RANGE
42 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOP-
MENT PLAN APPROVAL AND AMENDING "ZONING 5~P OF DELRAY
BEACH, FLORIDA, 1983".
The City Attorney read the caption of the ordinance.
~. Perry moved for the adoption of Ordinance No. 17-84 on
First Reading, seconded by Mr. Bird. Upon roll call Council voted as
follows: 5~. Bird - Yes; Mr. Campbell - Yes; 5~. Jackel - Yes; 5~r.
Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote.
Before roll call, Mr. Campbell noted that they are combining
two pieces of property and although there is a rezoning of one piece to
a higher density designation, the overall effect will be an actual
reduction in the total number of allowed units. Upon question from the
audience, he advised that 115 is the total units for both parcels.
At this point the roll was called to the motion.
23~ O~dih&h~N~- i8~84~ ~ P&~' PI~~ Ahh~k~ti~h~ Ordinance No.
18-84, relative to annexing a 5-acre parcel of land, subject to ~H-
Medium High to High Density Residential, located on the south side of
S.E. 10th Street, between Dixie Highway and Federal Highway, is before
Council for consideration on First Reading. If passed, Public Hearing
will be held on April 10th.
The City Manager presented Ordinance No. 18-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELkAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
%~IHMUELLER ADDITION TO DELRAY BEACh, AS RECORDED IN PLAT
BOOK 23, PAGE 174 OF THE PUBLIC RECORDS OF PALh BEACH
COUNTY, FLORIDA, SAID LAND BEING IN SECTION 21, TOWN&HIP
46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING
FOR THE ZONING THEREOF.
- 11 - 03/13/~4
The City Attorney read the caption of the ordinance.
Mr. Bird moved for the adoption of Ordinance No. 18-84 on
First Reading, seconded by Mr. Perry. Upon roll call Council voted as
follows: Mr. Bird - Yes; 5~. Campbell - Yes; 5~. Jackel - Yes; 5~r.
Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote.
O~dih~h~'~ N~'~ ~ 19~8~~" - Ch~ih~ ~h~~' Cit~' ~
D~i~t~-~P&~-PI&~)~, Ordinance No. 19-84, relative to changin9 the
City's Land Use Plan Designation in the Comprehensive Plan for a parcel
of land located on the south side of S.E. 10th Street, between Dixie
Highway and Federal Highway, is before Council for consideration on
First Reading. If passed, Public Hearing will be held on April 10th.
The City Manager presented Ordinance No. 19-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG-
NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN
SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST FROh ~F-10
MULTIPLE FAMILY TO RH-~DIUM HIGH TO HIGH DENSITY DWELL-
ING; ASCENDING THE LAND USE PLAN; PROVIDING AN EFFECTIV~
DATE.
The City Attorney read the caption of the ordinance.
Mr. Bird moved for the adoption of Ordinance No. 19-84 on
First Reading, seconded by Mr. Perry. Upon roll call Council voted as
follows: Mr. Bird - Yes; 5~. Campbell - Yes; ~. Jackel - Yes; ~.
Perry - Yes; ~]ayor Youn9 - Yes. Said motion passed with a 5 to 0 vote.
25% O~dih&h~'-N~" 20~8~~ --' P~h%&- Ahh~ka%i~h'i Ordinance No.
0~-6-J-84, relative to annexing a 0.3-acre parcel of land, subject to
(Multiple Family Dwelling) District, an existing single family structure
and garage, is before Council for consideration on First Reading. The
property is located east of Dixie Highway, between S.E. 10th Street and
the Delray Mall. If passed, Public Hearing will be held on April 10th.
The City Manager presented Ordinance No. 20-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DkLRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACh4 LOTS
8 AND 9, BLOCK 4, SILVER TERRACE, DELRAY BEACH, PALPal
BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 11, PAGE 61 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, SAID LAND IS LOCATED EAST
OF DIXIE HIGHWAY, BETWEEN S.E. 10TH STREET AND THE DELRAY
MALL, WHICH LAND IS CONTIGUOUS TO EXISTING hUNICIPAL
LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THERE-
OF.
The City Attorney read the caption of the ordinance.
Mr. Perry moved for the adoption of Ordinance No. 20-84 on
First Reading, seconded by Mr. Jackel. Upon roll call Council voted as
follows: ~. Bird - Yes; hr. Campbell - Yes; 5~. Jackel - Yes; ~.
Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote.
O~dih&n~N6~"22~84~ ~B~-Ahh~k'atioh: Ordinance No. 22-84,
re-~ative to annexing a 7.3-acre parcel of land, sub3ect to P~-10 (Mul-
tiple Family Dwelling) District, located north of Linton Boulevard,
between S.W. 8th Avenue and S.W. 4th Avenue, is before Council for
consideration on First Reading. If passed, Public Hearing will be held
on April 10th.
The City Manager presented Ordinance No. 22-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS
1 THROUGH 24, INCLUSIVE, BLOCK 11; LOTS 1 THROUGH 11,
INCLUSIVE, BLOCK 12 OF SOUTHRIDGE, ACCORDING TO THE PLAT
- 12 - 03/13/84
THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 38 AND 39,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THAT POR-
TION OF CENTRAL AVENUE ADJACENT TO LOTS 14 AND 15, BLOCK
11 VACATED PER RESOLUTION NO. R-80-292, AS RECORDED IN
BOOK 3298, PAGE 639, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORI DA; THE NORTH TWO-FIFTH S (2/5 ) OF THE FOLLOWING
DESCRIBED PROPERTY: NORTHEAST QUARTER (NEb) OF LOT 8,
DELRAY BEACH , A SUBDIVISION OF SECTION 20, TO%AflSHIP 46
SOUTH, RANGE 43 EAST, PLAT BOOK 1, PAGE 4, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; ALSO, GLEN AVENUE, LYING
WITHIN SOUTHRIDGE SUBDIVISION AND BETWEEN BLOCKS 11 ~D
12, AS ABANDONED BY RESOLUTION NO. R-82-419, PALh BEACH
COUNTY, APRIL 13, 1982, ~4ICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVID-
ING FOR THE ZONING THEREOF.
The City Attorney read the caption of the ordinance.
Mr. Perry moved for the adoption of Ordinance No. 22-84 on
First Reading, seconded by Mr. Bird. Upon roll call Council voted as
follows: Mr. Bird - Yes; ~r. Campbell - Yes; Mr. Jackel - Yes; ~r.
Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote.
27: O~d'~h~h~"N~ ~ 23~8~' ~'- U~d~%ih~' Li~~ ~af~t~' C~- f~- 1976- t~
1981% Ordinance No. 23-84, amending Chapter 11 "Fire Protection and
Prevention" of the Code of Ordinances updating the life safety code from
1976 to 1981, is before Council for consideration on First Readin9. I~
passed, Public Hearing will be held on March 27th.
The City Manager presented Ordinance No. 23-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 11, "FIRE PROTECTION AND
PREVENTION", ARTICLE II, "FIRE PREVENTION" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 11-17, "CODES ADOPTED", TO SPECIFY THAT
THE REGULATIONS SET FORTH IN THE 1981 EDITION OF THE NFPA
PAMPHLET 101 OF THE LIFE SAFETY CODE SHALL BE IN FORCE IN
THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Perry moved for the adoption of Ordinance No. 23-84 on
First Reading, seconded by Mr. Jackel. Upon roll call Council voted as
follows: Mr. Bird - Yes; 5~r. Campbell - Yes; 5~. Jackel - Yes; ~.
Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote.
28% $~W~' R~t~' St~d~~ ~'Hi~hl~hd-~B~&~h% Council is to consider
of an engineering firm to conduct the sewer rate stuey ~or
Highland Beach.
The City Attorney reported that the sewer rate study is a
portion of the stipulation they entered into with the Town of Highland
Beach a number of weeks ago. The attached form contract and other
technical portions of the contract are in a blank one which was distri-
buted to Council this evening. It needs Council approval, authorization
for execution and for Council to fill in the blank as to who the engi-
neering firm is to be. He noted that Hazen & Sawyer's maximum contract
amount was $9,500 and Greeley & Hanson's maximum contract amount was
$6,000.
Mr. Jackel moved to appoint Greeley & Hanson to be the
consulting engineering firm to conduct the sewer rate study for the Town
of Highland Beach, seconded by Mr. Perry.
Before roll call the following discussion was had:
- 13 - 03/13/84
Mr. Bird stated that while they have determined it would be
appropriate that connection fees be reappraised to see whether they are
sufficient, the newcomers will pay the cost of expansion of services
which are only being expanded to serve them. He is concerned as to
whether this study will properly take that into consideration and come
forth with a recommendation including a mutually agreeable solution to
obtain from developments within the Town of Highland Beach whatever
compensation they find to be appropriate for developments within the
City of Delray Beach. They have to build the sewer plant to service
all. ~lr. Jackel suggested amending the motion to instruct Greeley &
Hanson to include that study in that report. 5~. Bird stated that they
may not be able to do that unilaterally; it might be appropriate to
formally request that if they haven't already.
Mrs. Elaine Roberts, Town hanager of Highland Beach, stated
that as she recalls the last time she was here it was the consensus of
Council to write a letter to the Commission and so state that. They
have not mentioned receipt of such a letter. The City Attorney advised
that a letter has been drafted but has not yet been transmitted; it was
pending this evening's meeting. It would be to the effect that
transmitting this contract to the Greeley & Hanson firm, that the Delray
Beach City Council has expressed its opinion and intent that paragraph
A4 of the contract incorporates the impact fee and hookup fee considera-
tions but not limited to those items.
Mr. Bird suggested it would be appropriate for them to first
rescind their decision with regard to the firm of Hazen & Sawyer before
voting to appoint a new firm. The City Attorney concurred.
Mr. Jackel made a substitute motion to withdraw their offer
to contract between the City of Delray Beach and Hazen & Sawyer to
conduct the engineering study and to authorize and approve the contract
before them between the City of Delray Beach and Greeley & Hanson in the
sum of $6,000 for engineering service as described therein with the
supplement of the letter to Highland Beach about the considerations,
seconded by Mr. Perry. Said motion passed unanimously.
~. Campbell stated that the National Conference of Jewish
War Veterans is being held this weekend in ~iami Beach. As some of them
may be attending, he feels it is customary to present some kind of
honorarium and he will get together with the City Clerk about that.
30% The City Attorney reminded Council that a continuation of
the FOP Impasse hearing will be held tomorrow afternoon at 2:00
Mayor Young declared the meeting adjourned at 9:00 P.M.
ATTEST: ~ City Clerk
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 March 13, 1984, which minutes were ~or-
mally approved and adopted by the City Council on ~'~-~,"~.
· ~ City Clerk
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.
- 14 - 03/13/84