11-27-84 NOVEMBER 27, 1984
A regular meeting of the City Council of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Council Chambers at City Hall at 7:05 P.M., Tuesday, November 27, 1984.
1. Roll call showed:
Present - Council Member Malcolm T. Bird
Council Member Marie Horenburger
Council Member Arthur Jackel
Council Member Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - None
Also present were - City Manager James L. Pennington, and
City Attorney Herbert W.A. Thiele.
2. The opening prayer was delivered by Reverend Richard Barnes,
Unity of Delray Beach.
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 November 13, 1984 and the Special Meeting of November 6,
1984, seconded by Mr. Jackel. Said motion passed unanimously.
5.a.1. Mr. Jim Peterman, Administrator of the Surplus Food Program
for Palm Beach County, made a presentation. He commended the citizens
of Delray Beach for an outstanding job of food distribution. He plans
to establish a five person committee in each community to oversee this
program and he would ask the City Council to appoint a delegate to this
committee. Since there was such interest here, he felt he would make
Delray Beach the model for all the other cities to follow. Regarding
membership on the committee, he would go to the ministerial associa-
tions, the superintendent of schools, agencies in the City, with the
fifth position open to the business leaders. He noted that Mr. David
Cohen has already volunteered to head the group here; further he will
leave a list of 12 names with Council.
Mayor Campbell thanked Mr. Peterman and advised that they
will get back to him.
5.a.2. Mrs. Joseph Bell, 140 Venetian Drive, on behalf of a group
of neighbors, discussed the recent problem they had with sewage flooding
in their area, noting that she made many calls but got no action. She
also discussed the malfunction of the sewage pump, noting that although
they have had flooding before, they have never had a sewage problem
before and she feels a back up sewage pump should have been available.
On behalf of the citizens, she requested that the City have a respon-
sible staff member available who can be reached quickly and act with
authority to stop the flooding of sewage in the area of MacFarlane and
Ingraham, as well as correct any other emergency situation that may
occur in the City on weekends and during the week.
Mayor Campbell asked that the City Manager take this under
consideration and report back to Council as to the procedures that were
taken on the day in question.
5.a.3. Mr. Daniel Morgan, 325 S.W. 4th Avenue, stated that he is
trying to build a duplex at 125 S.W. llth Avenue. He was on the Com-
munity Appearance Board agenda two weeks ago and his project was tabled
because he did not have a site plan. He feels that he should have been
given an opportunity to bring it in the next day rather than having to
hold up his project another two weeks until the CAB meets again.
Mayor Campbell suggested that perhaps the CAB may need to
meet more frequently.
Mr. Digby Bridges, CAB member, stated that when someone
comes before the CAB they are supposed to have their definite colors and
finishes to their building. He feels that Mr. Morgan was not treated
unjustly because they had nothing to base a decision on. Upon question
by Mayor Campbell, Mr. Bridges stated that the Board would be willing to
consider meeting more frequently. He suggested that citizens be proper-
ly instructed as to what they need to bring when they appear before the
CAB. Mayor Campbell suggested that the CAB discuss that with the Build-
ing Department.
5.a.4. Mr. Tom Haenlon, 630 N.E. 4th Street, read a statement en-
titled "Anatomy of Beach Replenishment". Regarding the construction of
the refuge replica at Atlantic Avenue, he noted that although the
shingled roof is completed, a pile of excess shingles is still lying
just north of there. He noted that the City Manager has indicated that
everyone should make an effort to keep their beach neat and clean; he
would hope that statement is directed at the public servants and vendors
as well as the citizens. He feels it is regrettable that they have had
to endure such a long delay in the grading and smoothing of that section
of the beach in front of Atlantic Avenue. There are problems that need
correction and they hope that action will be taken in the future.
5.b.1. Mr. Weatherspoon asked for an update in regard to the list
of projects to be funded from the impact fees. The City Manager advised
that the list is being prepared, an analysis is being done and a pre-
sentation will be made to Council. Council should be in a position to
start taking action either in mid-December or early January.
5.b.2. Mr. Weatherspoon asked for an update relative to the screen-
ing of City-owned property. The City Manager replied that they will
have that information to Council for review and further direction as the
cost of proper screening is beyond what he had anticipated.
5.b.3. Mrs. Horenburger asked if the City is going to repair the
potholes at the intersection of Lake Ida Road and Swinton Avenue. The
City Manager advised that that is part of the plan that was submitted to
Council; they will be taking that one on.
5.b.4. Mr. Jackel noted that during budget sessions he requested
that $70,000 be appropriated to finish the irrigation system along
Linton Boulevard between Military Trail and Congress Avenue; however,
they did not have the funds at that time. Mr. Jackel suggested appro-
priating $70,000 to finish the irrigation system and the funds collected
by Mr. Bird be put into the beautification of Linton Boulevard. Fur-
ther, at their budget session next summer, that they try to appropriate
enough money to finish Linton Boulevard.
Mr. Jackel moved to appropriate $70,000 to complete the
irrigation system along Linton Boulevard between Military Trail and
Congress Avenue with funding to come from the unreserved surplus fund,
seconded by Mr. Weatherspoon.
Council discussion was had at this time. Mr. Weatherspoon
stated that he is glad to see a change of heart regarding surplus funds.
As the City is not in the business of making money, he feels that when-
ever appropriate they should spend the money on worthwhile projects.
Mr. Bird stated that the last time he spoke with the City Horticultur-
ist, she had not come up with a firm price for the irrigation. He had
suggested they investigate the use of an underwater system. He would
like to move ahead with this project but feels they should wait for a
firm figure. He suggests they instruct the City Manager to get the
figures and bring them back to Council at next week's regular meeting so
they know exactly what they are doing. Council concurred with the
suggestion.
Mr. Bird stated that anyone who would like to participate in
the funding of the beautification of Linton Boulevard should feel free
to contact him.
- 2 - 11/27/84
Upon question by Mayor Campbell, the City Manager stated
that he has two things to bring back to Council; one, the question of
the Leaky Pipe is being investigated and they are going to experiment in
Delray Beach to see if it will work. Secondly, they have to make a
determination as to who is going to be responsible for the maintenance
on Linton Boulevard. They have agreements with the State to maintain
both Atlantic Avenue and Federal Highway, but they do not have anything
in writing regarding maintenance for Linton Boulevard which is a County
-oad.
Mayor Campbell stated that Minto Corporation has been using
the Leaky Pipe method for several years and they are willing not only to
contribute money but also to share their expertise and experience in
that regard.
Mr. Jackel withrew his motion on the condition that they
will bring this back up at their next meeting with all the facts before
them. Mr. Weatherspoon withdrew his second.
5.b.5. Mr. Jackel noted that the Christmas bonus for City employees
was eliminated. He suggested, now that the Christmas spirit is upon
them and as a gesture of good will between Council and staff, that they
give each City employee $25 so he can buy a turkey. The total would
come to about $12,000 with funding to come from the unreserved surplus
fund.
Mr. Jackel moved to give each City employee $25.00 in appre-
ciation of their services, seconded by Mrs. Horenburger. Upon roll call
Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr.
Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion
FAILED with a 3 to 2 vote.
Before roll call the following discussion was had:
Mrs. Horenburger noted that there are employees at the low
end of their pay scale who cannot afford Christmas dinners and she is in
favor of the motion.
Mr. Bird stated that the reason the Christmas bonus was
deleted was because they gave a rather substantial across-the-board pay
increase that year and one of the methods of funding it was to use the
Christmas bonus. It concerns him to see how quickly the surplus funds
are being emptied and he intends to vote no to the motion. If there is
a need to better compensate their employees, he suggests they review
their pay.
Mr. Weatherspoon stated a turkey is nice but he would rather
see that money spent on something more tangible such as fixing the
street, putting in lights or a park, etc.
At this point the roll was called to the motion.
5.b.6. Mr. Jackel moved to appoint Mrs. Lillian Feldman to the
Beautification Committee, seconded by Mrs. Horenburger. Said motion
passed unanimously.
5.b.7. Mr. Bird formally thanked the ladies in the City Manager's
office, Nancy, Selma and Kathy, and any other staff that had a part in
it, for the outstanding job they did of organizing the dinner for the
volunteers which was held last night. It was an enjoyable opportunity
for Council to meet with many of their citizens.
5.c.1. The City Attorney reported that a couple of weeks ago Coun-
cil selected Digby Bridges & Associates as the architect for the police
facility building. In that regard, they have successfully negotiated a
contract with that firm; however, the contract document and the fee
calculation involve many pages and his office felt Council should have
the opportunity to review it. Therefore, because of the short time
frame involved, they recommend that Council fund $15,000 to do Phase I
of Mr. Bridges' archtectural services which would be credited against
the rest of the fee. The contract, in its entirety, will be presented
to Council next Tuesday for approval.
- 3 - 11/27/84
Mr. Bird moved to enter into an agreement with Digby Bridges
and Associates, the details of which will be approved next week, ap-
proving on the short term a $15,000 maximum fee for him to do the ser-
vices as outlined in his 11/19/84 letter with attachment to Assistant
City Attorney Barbara Hall, seconded by Mr. Jackel. Said motion passed
unanimously.
30. Ordinance No. 97-84 - Amendin~ Code - Pensions~ Police and
Firemen. Mayor Campbell noted that they hired Mr. Galbraith, an at-
torney, for the Pension Board and inquired how they go about involving
him in the process of looking over the pending ordinance which is on
tonight's agenda. The City Attorney stated that he sees no reason why
the Board's attorney cannot review the ordinance. Mayor Campbell asked
the City Attorney to call him tomorrow. Upon question by Mrs. Horen-
burger, the City Attorney explained that the Pension Board desired its
own attorney and his office is presently researching the question of
whether they can, should and/or have the authority to have their own
attorney on the basis that the Statutory provisions state that the City
Attorney's Office is to be their counsel unless they refuse to do so.
Since his office has not refused, the questions remain. Mrs. Horen-
burger stated she has trouble understanding why the Pension Board has a
separate attorney when the City has three attorneys on its staff. Mayor
Campbell stated that the Pensions Board's interests and the City's
interests are not always identical and the Board felt comfortable with
its own attorney. He further explained that, aside from himself, the
Board elects its own members and pays for its own attorney. Mr. Bird
pointed out that since they have a fixed benefit program in the City, n~
one will get less in their retirement check because the Board hired its
own attorney. He shares Mrs. Horenburger's concerns in view of the fact
they just hired their third full-time attorney within the City. He
would go along with the hiring of Mr. Galbraith for this one item while
the City Attorney's office completes its research of the question; how-
ever he is concerned because they keep hiring additional outside consul-
tants and increase the size of their staff at the same time.
The City Attorney requested that Item 30 be withdrawn from
tonight's agenda and advised he would contact Mr. Galbraith.
5.d.1. The City Manager requested that Item 26 be removed from the
agenda because of technical problems. They will revisit that item
another time.
5.d.2. The City Manager reported that in the last two months they
have had two very serious flooding conditions in the Intracoastal area,
particularly the City Marina. They have met with their Electrical
Inspector, Chief Building Inspector and City Engineer to review a prob-
lem that was reported to him today. They uncovered a very serious
electrical problem on the system the City put in a little over two years
ago. It is of such a nature that all three of the above-mentioned
individuals have recommended to him that the electricity be turned off
at that facility. There are 18+ boats there, most of which are con-
nected to the current, and there is a very real chance of someone get-
ting electrocuted under the present situation. The tide water when it
comes in is shorting out the system and he has ordered a review of the
past contractor as to why this happened. The only answer he has at this
point is that they have to shut that power off and the dockmaster is
preparing notices to the residents to that effect. The materials needed
to make the necessary repairs were ordered this afternoon. He is sorry
to have to report this unfortunate situation and, hopefully, he will
have more information by the next meeting.
Upon question by the City Manager, Mr. Jim Johnson, Chief
Building Official, explained that the installation of temporary power
would be a very expensive proposition and they have decided against that
alternative. Upon question by Council, the City Manager advised that it
will take a minimum of three to four weeks to repair the system. The
dockmaster has written notices and will personally visit the residents
of the Marina to explain the circumstances.
- 4 - 11/27/84
Mrs. Elizabeth Matthews stated that in view of the great
hazard of liability to the City and since the Marina does not serve a
tourist related purpose for this City, she wonders if Council might give
consideration as to whether the City needs to be in the Marina business.
6. Mr. Jackel moved for approval of the agenda with the removal
of Items 26 and 30 and to move Item 33 forward to be the first item on
the regular agenda, seconded by Mr. Bird. Said motion passed unani-
mously.
PUBLIC HEARING
7. Ordinance No. 55-84 - Zoning Ordinance Amendment - Special
Setback Requirements. Ordinance No. 55-84, amending Chapter 30 "Zoning"
of the Code of Ordinances relative to establishing a setback of 30 feet
on both sides of Linton Boulevard, 30 feet on both sides of Congress
Avenue and 30 feet on both sides of Military Trail, is before Council
£or 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. 55-84:
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
REPEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS" (M)
RELATING TO ESTABLISHING A SETBACK OF THIRTY (30) FEET ON
BOTH SIDES OF LINTON BOULEVARD, AND ENACTING A NEW SEC-
TION 30-16 "SPECIAL SETBACK PROVISIONS" (M) RELATING TO
ESTABLISHING A SETBACK OF THIRTY (30) FEET ON BOTH SIDES
OF LINTON BOULEVARD; AMENDING SECTION 30-16 (N) TO RE-
LETTER SAID SUBSECTION AS SECTION 30 -16 (P); ENACTING A
NEW SECTION 30-16 (N) TO ESTABLISH A SETBACK OF THIRTY
(30) FEET ON BOTH SIDES OF CONGRESS AVENUE; AND ENACTING
A NEW SECTION 30-16 (0) TO ESTABLISH A SETBACK OF THIRTY
(30) FEET ON BOTH SIDES OF MILITARY TRAIL; PROVIDING A
SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
(Copy of Ordinance No. 55-84 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. Jackel moved for the adoption of Ordinance No. 55-84 on
Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call
Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr.
Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion
passed with a 5 to 0 vote.
8. Ordinance No. 85-84 - Paper Annexation. Ordinance No.
85-84, relative to annexing a 2.28-acre parcel, subject to POI (Profes-
sional, Office and Industrial District), located on the north side of
West Atlantic Avenue, between High Point Boulevard and The Hamlet
Shoppes, is before Council for consideration on Second and FINAL Read-
ing. 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. 85-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON
- 5 - 11/27/84
THE NORTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN HIGH
POINT BOULEVARD AND THE HAMLET SHOPPES; REDE FINING THE
BOUNDARIES 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. 85-84 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. Jackel moved for the adoption of Ordinance No. 85-84 on
Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call
Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr.
Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion
passed with a 5 to 0 vote.
9. Ordinance No. 86-84 - Changing the City's Land Use Plan
Designation (Paper). Ordinance No. 86-84, relative to changing the
City's Land Use Plan Designation in the Comprehensive Plan for a 2.28
acre parcel of land located on the north side of West Atlantic Avenue,
between High Point Boulevard and The Hamlet Shoppes, 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. 86-84:
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 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA, LOCATED ON THE NORTH SIDE OF WEST ATLAN-
TIC AVENUE, BETWEEN HIGH POINT BOULEVARD AND THE HAMLET
SHOPPES, FROM SF-SINGLE FAMILY TO POI-PROFESSIONAL,
OFFICE AND INSTITUTIONAL; AMENDING THE LAND USE PLAN;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 86-84 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.
Mrs. Horenburger moved for the adoption of Ordinance No.
86-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll
call Council voted as follows: Mr. Bird -Yes; Mrs. Horenburger- Yes;
Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
10. Ordinance No. 87-84 - The Commons Rezoning. Ordinance No.
87-84, relative to rezoning a 4.67-acre parcel of land from SAD (Special
Activities District) to POI (Professional, Office and Institutional Dis-
trict), located on the north side of West Atlantic Avenue, between High
Point Boulevard and The Hamlet Shoppes, 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. 87-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
SAD (SPECIAL ACTIVITIES DISTRICT) IN POI (PROFESSIONAL,
OFFICE, AND INSTITUTIONAL) DISTRICT, THE W½ OF THE SW¼ OF
THE NW¼ OF THE SW¼, LYING NORTH OF STATE ROAD NO. 806, OF
- 6 - 11/27/84
SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE NORTH SIDE
OF WEST ATLANTIC AVENUE, BETWEEN HIGH POINT BOULEVARD AND
THE HAMLET SHOPPES, AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1983".
(Copy of Ordinance No. 87-84 is on file in the official
Ordinance Book)
The C~ity 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.
Mrs. Horenburger moved for the adoption of Ordinance No.
87-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon
roll call Council voted as follows: Mr. Bird -Yes; Mrs. Horenburger-
Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
11. Ordinance No. 88-84 - Chan~in~ the City's Land Use Plan
Designation (The Commons). Ordinance No. 88-84, changing the City's
Land Use Plan designation in the Comprehensive Plan for a 4.67-acre
parcel of land located on the north side of West Atlantic Avenue, be-
tween High Point Boulevard and The Hamlet Shoppes, 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. 88-84:
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 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA, LOCATED ON THE NORTH SIDE OF WEST
ATLANTIC AVENUE, BETWEEN HIGH POINT BOULEVARD AND THE
HAMLET SHOPPES FROM SF-SINGLE FAMILY TO POI-PROFESSIONAL,
OFFICE AND INSTITUTIONAL; AMENDING THE LAND USE PLAN;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 88-84 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. Jackel moved for the adoption of Ordinance No. 88-84 on
Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call
Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr.
Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion
passed with a 5 to 0 vote.
12. Ordinance No. 89-84 - Greenber~ Rezonin~. Ordinance No.
89-84, relative to rezoning a 0.43-acre parcel of land from RM-15 (Mul-
tiple Family Dwelling) to LI (Light Industrial) District, located at the
northeast corner of S.W. 15th Avenue and S.W. 8th Street is before
Council for consideration on Second and FINAL Reading. Prior to con-
sideration 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. 89-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN LI (LIGHT
INDUSTRIAL) DISTRICT, LOTS 1 AND 2, BLOCK 3, REPLAT OF
- 7 - 11/27/84
DELRAY BEACH HEIGHTS EXTENSION SECTIONS "A" AND "B",
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28,
PAGE 171 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF
S.W. 15TH AVENUE AND S.W. 8TH STREET, AND AMENDING "ZON-
ING MAP OF DELRAY BEACH, FLORIDA, 1983".
(Copy of Ordinance No. 89-84 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. Jackel moved for the adoption of Ordinance No. 89-84 on
Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
13. Ordinance No. 90-84 - Chan~in~ the City's Land Use Plan
Designation (Greenber~). Ordinance No. 90-84, relative to changing the
City's Land Use Plan Designation in the Comprehensive Plan for a 0.43-
acre parcel located at the northeast corner of S.W. 15th Avenue and S.W.
8th Street, 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. 90-84:
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 LOTS 1 AND 2, BLOCK
3, REPLAT OF DELRAY BEACH HEIGHTS EXTENSION SECTIONS "A"
AND "B", ACCORDING TO THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA, IN PLAT BOOK 28, PAGE 171, LOCATED
AT THE NORTHEAST CORNER OF S.W. 15TH AVENUE AND S.W. 8TH
STREET FROM MF-15 MULTIPLE FAMILY TO I-INDUSTRIAL; AMEND-
ING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 90-84 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. Jackel moved for the adoption of Ordinance No. 90-84 on
Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call
Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr.
Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion
passed with a 5 to 0 vote.
14. Ordinance No. 91-84 - Jennings Annexation. Ordinance No.
91-84, relative to annexing a 0.23-acre parcel subject to GC (General
Commercial), located on the west side of N.E. 9th Avenue, between N.E.
8th Street and Bond Way, 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. 91-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT
12 AND THE SOUTH HALF (S½) OF LOT 13, BLOCK 4, SOPHIA
FREY SUBDIVISION, ACCORDING TO THE PLAT THEREOF ON FILE
IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND
- 8- 11/27/84
FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4,
PAGE 37, SAID LAND SITUATE, LYING AND BEING IN PALM BEACH
COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON
THE WEST SIDE OF N.E. 9TH AVENUE, BETWEEN N.E. 8th STREET
AND BOND WAY; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 91-84 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.
Mrs. Horenburger moved for the adoption of Ordinance No.
91-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll
call Council voted as follows: Mr. Bird -Yes; Mrs. Horenburger- Yes;
Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
15. Ordinance No. 92-84 - Chan~in~ the City's Land Use Plan
Designation (Jennings). Ordinance No. 92-84, relative to changing the
City's Land Use Plan Designation in the Comprehensive Plan for a 0.23-
acre parcel located on the west side of N.E. 9th Avenue, between N.E.
8th Street and Bond %~ay, 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. 92-84:
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 LOT 12 AND THE SOUTH
HALF (S½) OF LOT 13, BLOCK 4, SOPHIA FREY SUBDIVISION,
ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 37; SAID
LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY,
FLORIDA, LOCATED ON THE WEST SIDE OF N.E. 9TH AVENUE,
BETWEEN N.E. 8TH STREET AND BOND WAY; AMENDING THE LAND
USE PLAN; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 92-84 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.
Mrs. Horenburger moved for the adoption of Ordinance No.
92-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll
call Council voted as follows: Mr. Bird- Yes; Mrs. Horenburger- Yes;
Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
16. Ordinance No. 96-84 - Amending Code - Train Whistles/Horn
Noise Control. Ordinance No. 96-84, amending Chapter 16 "Offenses -
Miscellaneous" of the Code of Ordinances prohibiting rail road train
whistles/horn noise between the hours of 10 p.m. and 6 a.m., is before
Council for consideration on Second and FINAL Reading. Prior to con-
sideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
- 9 - 11/27/84
The City Manager presented Ordinance No. 96-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCEL-
LANEOUS'', OF THE CODE OF ORDINANCES OF THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW
ARTICLE III, "TRAIN WHISTLES/HORN NOISE CONTROL", PROVID-
ING FOR THE SCOPE OF THIS ARTICLE; PROHIBITING RAILROAD
TRAIN WHISTLES/HORN NOISE BETWEEN THE HOURS OF 10:00 P.M.
AND 6:00 A.M.; PROVIDING FOR THE APPLICATION OF THIS
ORDINANCE TO CERTAIN RAILROAD CROSSINGS ONLY; PROVIDING
PENALTIES FOR VIOLATION; PROVIDING FOR SIGNS AND NOTIFI-
CATION; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFEC-
TIVE DATE.
(Copy of Ordinance No. 96-84 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.
Upon question from the audience, the City Attorney advised
that this ordinance will be effective ten days from tonight. The City
has to erect warning signs and as soon as those are erected, enforcement
will begin.
The public hearing was closed.
Mr. Jackel moved for the adoption of Ordinance No. 96-84 on
Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call
Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr.
Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion
passed with a 5 to 0 vote.
17. Ordinance No. 98-84 - Zoning Ordinance Amendment - CBD
(Central Business District) Site Plan Approval. Ordinance No. 98-84,
amending Chapter 30 "Zoning" of the Code of Ordinances to require site
plan approval for all new construction and additions in the CBD 5,000
square feet or greater, 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. 98-84:
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 30-13 "CBD (CENTRAL BUSINESS DISTRICT)"
(A) "PURPOSE" TO ELIMINATE THE REQUIREMENT OF APPROVAL BY
THE DOWNTOWN DEVELOPMENT AUTHORITY OF ALL PLANS FOR NEW
CONSTRUCTION AND ADDITIONS IN THE CBD (CENTRAL BUSINESS
DISTRICT ) AND TO ADD PROVISIONS REQUIRING SITE PLAN
APPROVAL FOR ALL NEW CONSTRUCTION AND ADDITIONS IN THE
CBD (CENTRAL BUSINESS DISTRICT) WHICH ARE 5,000 SQUARE
FEET OR GREATER AND PROVIDING FOR NOTIFICATION TO THE
DOWNTOWN DEVELOPMENT AUTHORITY, AND FOR RECOMMENDATIONS
FROM OTHER CITY BOARDS, COMMISSIONS, OR COMMITTEES;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 98-84 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.
- 10 - 11/27/84
Mr. Jackel moved for the adoption of Ordinance No. 98-84 on
Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
18. Ordinance No. 99-84 - Zoning Ordinance Amendment - CBD
Central Business District) Parking and Loading Regulations. Ordinance
No. 99-84, amending Chapter 30 "Zoning" of the Code of Ordinances to
delete the requirement of providing minimum number of off-street parking
spaces when no building or structure is increased in capacity, is before
Council for consideration on Second and FINAL Reading. Prior to con-
sideration 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. 99-84:
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 30-13 "CBD (CENTRAL BUSINESS DISTRICT)"
(I) "PARKING AND LOADING REGULATIONS" (2) TO DELETE THE
REQUIREMENT OF PROVIDING THE MINIMUM NUMBER OF OFF-STREET
PARKING SPACES WHEN ANY BUILDING OR STRUCTURE IS IN-
CREASED IN CAPACITY; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
(Copy of Ordinance No. 99-84 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. Jackel moved for the adoption of Ordinance No. 99-84 on
Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call
Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr.
Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion
passed with a 5 to 0 vote.
19. Ordinance No. 100-84 - Zoning Ordinance Amendment - CBD
(Central Business District) Parking Regulations. Ordinance No. 100-84,
amending Chapter 30 "Zoning" of the Code of Ordinances relative to
parking regulations governing development in the downtown 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. 100-84:
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 30-13 "CBD (CENTRAL BUSINESS DISTRICT)"
(I) "PARKING AND LOADING REGULATIONS" BY REPEALING SUB-
SECTION (3) (b) AND BY AMENDING SUBSECTION (3) (a) TO
ELIMINATE THE EXCEPTION FOR RESTAURANTS, COCKTAIL
LOUNGES, AND BARS TO THE REQUIREMENT THAT ALL USES PRO-
VIDE ONE PARKING SPACE FOR EACH 300 SQUARE FEET, OR
FRACTION THEREOF, OF TOTAL FLOOR AREA AND THUS REQUIRING
THE PROVIDING OF SUCH PARKING BY RESTAURANTS, COCKTAIL
LOUNGES, AND BARS, AS WITH ALL OTHER USES; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 100-84 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.
- 11 - 11/27/84
Mr. Jackel moved for the adoption of Ordinance No. 100-84 on
Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
CONSENT AGENDA
The following items are to be considered by Council as the
Consent Agenda:
20. Request for Solicitation of Funds - Sherman Williams Unit
#~88. Council is to consider a request to solicit funds on February
22nd and February 23, 1985. Approval is recommended.
21. Request for Solicitation o~ Fund~ - Daughter of Zion Seventh
Day Adventist Church. Council is to consider a request to solicit funds
from November 28th through December 28, 1984. Approval is recommended.
22. Request for Solicitation of Funds - The American Cancer
Society, Palm Beach County Unit. Council is to consider a request to
solicit funds from March 10th through March 31, 1985. Approval is
recommended.
23. Request for Solicitation of Funds - Arthritis Foundation.
Council is to consider a request to solicit funds from February 15th
through March 1, 1985. Approval is recommended.
24. Annual Lot Mowing and Lot Clearing. Council is to consider
awarding a contract to the low bidder, Bob's Mowing and Land Clearing.
The second vendor to be called when Bob's is already committed to a
project or unable to respond is Walcott and Sons, the second low bidder.
Funds are to come from the General Fund. Approval is recommended.
25. Continuous Computer Paper. Council is to consider awarding
a contract to the low bidder, Better Business Forms, the current vendor,
in the amount of approximately $10,000 for 1984/85. Funding will come
from various departments. Approval is recommended.
Mr. Jackel moved for adoption of the Consent Agenda with the
exception of Item 26, seconded by Mr. Bird. Said motion passed unani-
mously.
Before roll call, Mr. Bird noted that there was a solicitor
outside of Publix the other day whom he does not think had a permit and
he suggests that citizens ask solicitors if they have permission from
the City to solicit before contributing. Upon question by Mrs. Horen-
burger as to enforcement, the City Attorney advised that it is enforced
by complaint only.
At this point the roll was called to the motion.
REGULAR AGENDA
33. Ordinance No. 103-84 - Zonin~ Ordinance Amendment - Non-
Conformin~ Structures. Ordinance No. 103-84, amending Chapter 30 "Zon-
ing'' of the Code of Ordinances to clarify the application of non-con-
forming restrictions to the enlargement of any portion of a structure
that extends above the maximum height, is before Council for considera-
tion on First Reading. If passed, Public Hearing will be held on Decem-
ber llth.
Mrs. Horenburger left the Council Chambers at this time.
The City Manager presented Ordinance No. 103-84:
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 30-24(D) "NON-CONFORMING STRUCTURES",
- 12 - 11/27/84
BY AMENDING SUBSECTION (1) TO CLARIFY THE APPLICATION OF
NON-CONFORMING RESTRICTIONS TO THE ENLARGEMENT OF ANY
PORTION OF A STRUCTURE THAT EXTENDS ABOVE THE MAXIMUM
HEIGHT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The City Attorney read the caption of the ordinance.
Mr. Bird moved for the adoption of Ordinance No. 103-84 on
First Reading, seconded by Mr. Jackel. Upon roll call Council voted as
follows: Mr. Bird - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor
Campbell - Yes. Said motion passed with a 3 to 1 vote.
Before roll call, Mr. Jackel stated that according to this
ordinance if there is a building four stories high with an elevator
shaft sticking up out of the roof, the owner can apparently enlarge the
elevator shaft to occupy a fifth floor. The Gulfstream Building would
be a perfect example. He voted against the Gulfstream Building on the
basis that it would set a precedent. He feels this ordinance is break-
ing from the intent of the height ordinance and he will vote against it.
At this point the roll was called to the motion.
Mrs. Horenburger returned to her chair at this time.
27. Layer's Lipton International Tennis Tournament. Council is
to consider a request for temporary permits.
The City Manager reported that two items which Council is to
take action on are the temporary bleachers and the tents. Upon ques-
tion, Mr. Johnson advised that substantially all the material has been
submitted; however, they are waiting for some additional information
from their engineer which they expect to get tomorrow. They will then
be ready to sign off on the building permit for the bleachers them-
selves.
Mr. Bird moved for approval of the issuance of temporary
building permits for the bleachers and tents subject to satisfying staff
as to the engineering requirements and the City Attorney as to any legal
or liability questions, seconded by Mr. Jackel. Said motion passed
unanimously.
Before roll call, Mrs. Matthews asked if the public will
have an opportunity to give input relative to this project. It is a two
year commitment on the part of the developers yet the City is taking it
on a one year basis and it appears that there will not be parking avail-
able next year. This is a private enterprise and a temporary two year
project and she feels that no public funds should be used for the pur-
pose of repairing damages or policing it.
Council discussion was had. It was noted that Council only
just received the traffic study. Mrs. Horenburger pointed out that it
shows the possible use of Miller Field for parking and noted that the
soccer players and little league players overlap around that time of
year. They will need to make sure that that is not disturbed and that,
on the weekend when the most parking is required for the tournament,
some accommodations and concessions might be made.
Mr. Robert Chapin, attorney, stated that City requirements
call for 3,100 parking spaces and their plan shows 3,900. There is
adequate on site parking and they would only anticipate an overflow onto
Miller Field for the Finals on Sunday the 17th and possibly Saturday the
16th.
At this point the roll was called to the motion.
At this time Mr. Chapin presented some drawings to Council
and described the project further.
28. Appointment - Community Appearance Board. Council is to
consider appointment of one regular member (Land-Architect) to the CAB
to a term ending August 25, 1986.
- 13 - 11/27/84
Mrs. Horenburger moved that Mr. Digby Bridges be moved from
his alternate position to be a regular member of the CAB to a term
ending August 25, 1986, seconded by Mr. Bird. Said motion passed unani-
mously.
29. Appointment - Internal Audit Committee. Council is to
consider appointment of one regular member to the IAC to a term ending
April 27, 1985.
Mr. Jackel moved for the appointment of Mr. Stanley Katz as
a regular member of the IAC to a term ending April 27, 1985, seconded by
Mr. Bird. Said motion passed unanimously.
31. Ordinanc.e NO. 101-84 - Chan~.in~ the City's Land Use Plan
Designation (Sunny Acres). Ordinance No. 101-84, relative to changing
the City's Land Use Plan Designation in the Comprehensive Plan for a
20-acre parcel of land located north of Linton Boulevard, between Ger-
mantown Road and 1-95, is before Council for consideration on First
Reading. If passed, Public Hearing will be held on January 8, 1985.
The City Manager presented Ordinance No. 101-84:
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 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST FROM SF-
SINGLE FAMILY TO I-INDUSTRIAL; AMENDING THE LAND USE
PLAN; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Bird moved for the adoption of Ordinance No. 101-84 on
First Reading, seconded by Mr. Jackel. Upon roll call Council voted as
follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel -Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
Before roll call, Mayor Campbell questioned why this was
undertaken. Mr. Bird advised that the County, which owns the land to
the west, has already rezoned and the residential character of that area
has essentially been eliminated. The barrier road is Germantown Road
now. Mayor Campbell stated that this is a unique situation. He will
vote for it on First Reading tonight but will investigate it further.
Upon question by Mr. Jackel, Mr. Bird stated that portions of this land
are vacant and portions have small homes on it. He suggested that
Council members take a trip down there and look at the encroachment
coming from the west. They can make a decision on Second Reading
whether or not to go forward with it.
At this point the roll was called to the motion.
32. Ordinance No. 102-84 - Zoning Ordinance Amendment - Defini-
tion of Setbacks. Ordinance No. 102-84, amending Chapter 30 "Zoning" of
the Code of Ordinances to provide that setbacks may also be taken from
the boundary lines of a building site joined by a Unity of Title, is
before Council for consideration on First Reading. If passed, Public
Hearing will be held on December llth.
The City Manager presented Ordinance No. 102-84:
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 30-1 DEFINITIONS" (78) "SETBACK" TO
PROVIDE THAT SETBACKS MAY ALSO BE TAKEN FROM THE BOUNDARY
LINES OF A BUILDING SITE JOINED BY A UNITY OF TITLE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
- 14 - 11/27/84
Mr. Bird moved for the adoption of Ordinance No. 102-84 on
First Reading, seconded by Mr. Jackel. Upon roll call Council voted as
follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel -Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
Mayor Campbell declared the meeting adjourned at 8:55 P.M.
J City C l'e rk
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 November 27, 1984, which minutes were
formally approved and adopted by the City Council on
ity 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.
- 15 - 11/27/84