12-03-79 DECEMBER 3, 1979
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:00 P.M., Monday,
December 3, 1979, with Mayor Leon M. Weekes, presiding and City Manager
J. Eldon Mariott, City Attorney Roger Saberson, and Council members
Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard
V. Young, present.
1. The opening prayer was delivered by Mayor Weekes.
2. The Pledge of Allegiance to the flag of the United States of
kmerica was given.
3. Mr. Bird moved for approval of the minutes of the regular
meeting of November 26, 1979, seconded by Mr. Young. Said motion passed
unanimously.
4.a.1. Mr. Young advised that he sent a memo to Mayor Weekes recom-
mending two people to be appointed to the Financial Advisory Board in
place of the two members who have resigned. He asked to have that put
on the next workshop meeting.
The City Manager replied that it will be discussed at the
next workshop meeting.
4.b.1. Mayor Weekes asked how many members of Council will be here
for the special meeting tomorrow. Mrs. Durante, Mr. Bird and Mr. Young
stated that they would be present. Mayor Weekes stated that since Mrs.
Durante is the senior member of Council, he is requesting that she
preside at the meeting tomorrow.
It was Council's consensus to have Mrs. Durante preside at
tomorrow's special meeting at 12:00 noon.
Mayor Weekes advised, for the members of the public who are
interested, that the special meeting is to open bids for the sale of
$4,000,000 Water and Sewer Revenue Bonds.
5. There were no public requests from the floor.
6.a.1. The City Manager reported that it will be necessary for a
member of Council to accompany the City Clerk this coming Friday at
10:00 A.M. to view a testing of voting equipment. He spoke briefly with
Mr. Bird about it this afternoon and Mr. Bird indicated that he might be
able to go.
Mr. Bird stated that he has not yet had a chance to check
his schedule, but he expects that he can arrange to go.
Mayor Weekes asked the City Manager to call him tomorrow if
Mr. Bird cannot attend.
6.a.2. The City Attorney reported that he just distributed to
Council copies of an Indemnification Agreement that pertains to the
Exciton yacht. The reason it has been prepared is that Mr. Chapman, the
proposed purchaser of the yacht, has asked to do some maintenance on it
prior to closing. The only maintenance he has requested thus far is to
be allowed to put in some bilge pumps to pump out some of the water in
the boat. He (City Attorney) felt that there would be no problem with
that as long as there was an Indemnification Agreement whereby Mr.
Chapman would indemnify and hold harmless the City for any damage that
would result from his maintenance activities. It also provides that it
is not a blanket permission for him to do maintenance or repairs to the
boat, but that he must seek permission to do so and then only if he
obtains permission can he go ahead and make the maintenance or repairs.
Approval of this Indemnification Agreement is recommended and he asks
Council to authorize the City Attorney's office to make minor amendments
in the agreement, as long as the purpose of the agreement is accomplished.
Mr. Chapman has agreed to it in concept, but has not seen the specific
language of the agreement as yet.
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Mr. Young moved for approval of the Indemnification Agree-
ment and to authorize the City Attorney's office to make such minor
amendments as, in their judgment, is necessary to accomplish the agree-
ment, seconded by Mr. Bird. Said motion passed unanimously.
6.b. The City Manager reported that Mr. Clark Turberville of the
Department of Transportation is here tonight to make a presentation
relative to Federal Highway signalization and related improvements.
This is another step in the joint effort by the City and the Florida
Department of Transportation to upgrade signalization and improve
traffic flow in Delray Beach on Federal Highway and on other DOT streets
and highways within the City.
The City Manager further stated that Council will recall
that as an outgrowth of the recent appearance here by DOT representa- ~.
tives, that it was possible for the Chamber of Commerce, the DOT and the
Downtown Development Authority to, together, work out a compromise
arrangement having to do with traffic control, primarily on Atlantic
Avenue. With regard to the parking spaces they were able to work out an
arrangement that would permit the City to retain most of'them.
Mr. Turberville and two other gentlemen from DOT came for-
ward and gave a presentation, outlining DOT's plans for signalization on
Federal Highway and related improvements for the City. They stated that
this is basically the same presentation they had a few months ago when
the work was going to be performed in the summer; however, there have
been some significant changes made at the request of the City, not the
least of which is the controversy over Atlantic Avenue parking; they are
going to be able to save the parking that's on Atlantic Avenue and at
the same time improve traffic flow.
Mr. Scheifley stated that they have a real problem on north-
bound Federal Highway; there is no traffic light from Linton Boulevard
to South 2nd Street which is the longest stretch of Federal Highway in
Delray Beach without a light. The speed limit there is 45 miles per
hour and the people there are having a great deal of difficulty getting
out onto Federal Highway.
Mayor Weekes asked when they might expect this work to
start. Mr. Turberville replied that this project is scheduled to begin
in May.
The City Attorney requested that Council go back to item
6.a.1. concerning designating a Council member to attend the testing of
the voting equipment. According to the State Statute, Council should
designate the person that will go.
Mrs. Durante moved that Mr. Bird be designated to attend the
testing of the voting equipment, seconded by Mr. Young. Said motion
passed unanimously.
6.c. The City Manger reported that as discussed at the November
26th meeting, the agreement between the City and the Gulfstream Areawide
Council on Aging, Inc. has been amended to delete the requirement that
only residents of the City could be serviced by the bus. This would
provide the Gulfstream Areawide Council on Aging, Inc. greater scheduling
flexibility to service Delray as well as other areas.
The City Attorney reported that the amendment deletes from
the existing contract the requirement that service be provided with the
minibus only to residents of the City of Delray Beach and it adds a
provision that requires the Council on Aging to maintain records that
will permit the City to evaluate the extent of service in the City;
under paragraph 2, line 3, the language should read "these records shall
include: the dates on which the Council on Aging ...... ". With that
amendment, Council approval is recommended.
Mr. Bird moved for approval of the amendment to the Senior
Citizen's Bus Agreement with the change in language as indicated by the
City Attorney, seconded by Mrs. Durante. Said motion passed unanimously.
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6.d. The City Manager reported that Mr. John Henderson, Chairman,
has recommended that either Marie Horenburger or Alexander Simon, alter-
nate members of the Board of Adjustment, be appointed to the unexpired
term of Charles Toth, regular member, ending March 15, 1981. Mr. Toth
has resigned from the Board.
Mrs. Durante stated that Marie Horenburger has been an
alternate member of that Board for a long time; she attends the meetings
on a regular basis and is often needed there so she (Mrs. Durante) would
be in favor of appointing Ms. Horenburger.
Mrs. Durante moved that Marie Horenburger be appointed to
the unexpired term of Charles Toth to the Board of Adjustment with the
term ending March 15, 1981, seconded by Mr. Bird. Said motion passed
unanimously.
Mayor Weekes stated that they must now try and come up with
an alternate to replace Ms. Horenburger. He suggested that in their
deliberations they try and come up with somebody who lives west of
Congress Avenue.
6.e. The City Manager reported that the Palm Beach County Fire
Chief's Association in conjunction with the Palm Beach County School
Board are seeking funds to provide a combination burn building and drill
tower on the South Tech campus at an estimated cost of $106,000. Each
department associated with the Palm Beach County Fire Chief's Associ-
ation will be asked to pledge a certain amount of money from their area.
The School Board has pledged to match the funds produced through the
fund raising campaign. South Tech has relieved the Fire Department of
having to maintain a certified training center and saved the City
thousands of dollars. It is recommended that the City support the con-
struction of this burn center by contributing $2,000, with funds to come
from the General Fund Contingency Account.
Mr. Scheifley moved that the City contribute $2,000 for the
burn center being sponsored by the Palm Beach County Fire Chief's Asso-
ciation and the School Board and that this money be in the form of a
promised pledge to be used if the plan materializes and the proper
cooperation comes forth and this $2,000 to come from the General Contin-
gency Fund Account, subject to the City Attorney's legal advice as to
the legality of it.
The City Attorney added that this payment should be done in
the form of an agreement with the South Technical Center and the City
Attorney's office will prepare that agreement; he thinks that is neces-
sary from a legal standpoint and what Council should do tonight is to
approve it in concept and that will be sufficient.
Mr. Scheifley moved to approve this in concept, seconded by
Mrs. Durante. Said motion passed unanimously.
6.f. The City Manager reported that a letter has been received
from Mr. Ben Toole, Executive Director of South County Mental Health
Center dated November 26th, requesting that the City forward a letter of
support to the Farmers Home Administration for a $1.5 million, 30-year
loan to construct community mental health facilities on a 5-acre tract
of land located near the intersection of Military Trail and Linton
Boulevard. Council has been provided with a copy of Mr. Toole's letter.
Mr. Scheifley stated that he understands that they are only
asking for an indication of support of the project, but if this loan is
granted, what is their method of repayment? He just wants to be sure
that there is no obligation on the part of the City to help finance it.
The City Manager and Mayor stated that they don't know what their method
of repayment is. Mayor Weekes stated that if he had to guess, he'd
assume that it will come out of their annual funding from the federal
government to support the South County Mental Health Center as a matter
of budget.
Mrs. Durante moved that Council authorize a letter of
support to be forwarded as requested by Mr. Toole, seconded by Mr. Bird.
Said motion passed unanimously.
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Before roll call, Mr. Carey sta~ed that if this is approved,
it will not be in conflict with their Comprehensive Land Use Plan.
At this point the roll was called to the motion.
6.~. The City Manager reported that a discussion of the Bridge
Restaurant addition is scheduled for tonight's meeting. A copy of
Council Member Bird's memorandum of November 21st, as well as the Build-
ing Inspection Department's answers to his questions, have been furnished
to Council. Council has also been provided with copies of a letter from
Mr. T.J. Antol, Manager of Patio Delray Restaurant, and a response to it
by the City Manager relative to this same subject.
Mr. Bird stated that he reviewed the plans concerning the
enlargement of the Bridge Restaurant and he was concerned about the -
traffic congestion in that area.
Mr. Bird moved that the City Administration be instructed to
have the City Engineer, with such assistance as he may require from the
County and/or the State people, do a traffic assessment of that parti-
cular one-block area in hopes that they will be able to accommodate the
additional people who will be drawn to the use of that facility With a
minimum disruption to traffic flow, seconded by Mr. Young. Said motion
passed unanimously.
Before roll call the following discussion was had: Mr.
Scheifley stated that on the left hand side where you turn in, there is
an unfinished parking lot; it is unpaved and not used and he would like
to know what the plans are for it. Mr. Tom Antol, General Manager of
Patio Delray, replied that Patio Delray owns that parcel. Mayor Weekes
suggested that Mr. Scheifley look at the building plan because there is
a parking lot shown on there. Mayor Weekes stated that he thinks that
Mr. Bird's motion is well taken and, as the City Manager has stated, a
study of the traffic and the possible impact on the site couldn't hurt.
There is nothing in the motion which would delay the project to comple-
tion. He suggests that any member of Council who hasn't already done so
should avail himself of the opportunity to look at the plan and also to
drive over and survey the site. In response to Mrs. Durante, the City
Manager stated that he doesn't think this study will cost very much; the
City will do a lot of it and they will attempt to prevail upon the
County and DOT to assist.
At this point the roll was called to the motion.
The City Attorney added that Mr. Rogers, architect, is in
agreement that the valet parking, if there is to be valet parking, will
be handled from the rear of the Bridge Restaurant.
6.h. The City Manager reported that as discussed at the workshop
meeting on November 19th, Council is to consider the Memorial Plaque for
Jack L. Saunders.
Mayor Weekes reported that they have amended the wording for A.
the plaque. Council has seen it and concurred on it and a motion is now
in order.
Mr. Scheifley moved that the proposed plaque be ordered and
installed and contain the wording as set forth in the amended memo that
was sent around, seconded by Mr. Young. said motion passed unanimously.
Mayor Weekes asked that the City Clerk's office retype the
memo with the amended wording so that it can be presented to Mrs. Saunders.
At this point the roll was called to the motion.
8.a. The City Manager reported that Resolution No. 95-79 commend-
· ng the City of Los Angeles, California, for terminating its relationship
with Tehran, Iran as its sister city and requesting the City of Phoenix,
Arizona, to do likewise to its sister city, Shiraz, Iran is before
Council for consideration.
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The City Manager presented Resolution No. 95-79:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, COMMENDING AND SUPPORTING THE CITY OF LOS
ANGELES, CALIFORNIA, FOR THE SEVERANCE OF ITS RELATIONSHIP
WITH TEHRAN, IRAN, AS ITS SISTER CITY AND REQUESTING THE
CITY OF PHOENIX, ARIZONA, TO LIKEWISE TERMINATE ITS RELA-
TIONSHIP WITH ITS SISTER CITY, SHIRAZ, IRAN.
(Copy of Resolution No. 95-79 is on file in the official
Resolution Book)
Mrs. Durante moved for passage of Resolution No. 95-79,
seconded by Mr. Young. Upon roll call Council voted as follows: Mr.
Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes;
Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote.
9.a. The City Manager reported that the Planning & Zoning Board
at a meeting held on October 16th, recommended by unanimous vote that
the zoning ordinance be amended to prohibit the parking, storing or
keeping of commercial vehicles, boats, buses, trailers and trucks in
residential zoning districts. Council, at the November 5th workshop
meeting, referred this item back to the Planning & Zoning Board for
further study. The Planning & Zoning Board at a meeting held on
November 27th, recommended by unanimous vote that their original
recommendation of October 16th be adopted, as any other method of regu-
lation would be unworkable and unenforceable. Council may act on the
Planning & Zoning Board's recommendation or refer it to workshop.
The City Attorney added that this pertains to adding
industrial equipment to the list of equipment prohibited in residential
districts.
Mrs. Alice Finst of Chatelaine stated that she thinks that
the first thing Council should consider on this is adding R-lAB to their
list of residential areas in the zoning ordinance. The City Attorney
advised that in that section of the ordinance there is a definition of
residential districts, and the wording "residential districts" is used
throughout that portion of the ordinance. The zoning classification
that pertains to Chatelaine is not included in the definition of resi-
dential districts simply because it was created after the definition in
the Code was inserted.
Mrs. Finst further stated that Council may also want to
consider adding PRD to that definition. The City Attorney advised that
that is of the same nature as the change which pertains to Chatelaine.
In other words, the other residential districts which were created sub-
sequent to that definition being inserted in the Code, PRD-4, PRD-7,
PRD-10 and so on, have not been included in the definition of resi-
dential districts, so they, likewise, should be included.
Mr. Young moved to approve the Planning & Zoning Board's
recommendation to prohibit the parking, storing or keeping of commercial
vehicles, boats, buses, trailers and trucks in residential zoning dis-
tricts and to expand the definition of residential districts contained
in that section of the ordinance to include all residential zoning dis-
tricts in the City, seconded by Mr. Bird. Said motion passed unanimously.
In response to Mayor Weekes, the City Manager stated that
the reason Council didn't receive this information is because the
Planning & Zoning Board acted after the Council information was pre-
pared. Mrs. Finst came to see him and asked that it be brought before
Council anyway.
Mrs. Finst stated that the term "industrial equipment"
should be defined to mean bulldozers, cranes, draglines, derricks,
tractors and implements, heavy earth-moving equipment and road-grading
equipment normally used in farming and/or heavy construction activities.
That would be a modification of the definition as it exists now.
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The City Attorney added that the Code includes a definition
of industrial equipment but does not go on to say that industrial equip-
ment shall be prohibited in residential districts. So the question is
do they want to include a prohibition on having industrial equipment in
residential districts. The prohibition is that it cannot be located in
a residential district for a period exceeding one hour in any twenty-
four hour period; there are certain exceptions that pertain to construc-
tion, breakdown of equipment and so on.
Mr. Young moved that Council authorize the City Attorney's
office to prepare the amendment to the ordinance, seconded by Mr. Bird.
Said motion passed unanimously.
9.b. The City Manager reported that a petition from Saul Ziner
and Louis Moyroud for the rezoning from RS (Residential Single Family)
(County) to RM (Residential Multiple Family District-Medium Density)
(County) will be considered at a public hearing on December 13th before
the County Planning Commission and before the Board of County Commis-
sioners on December 27th. This request is in violation of the City's
Land Use Plan which designates this area for single family development.
It is recommended that Council indicate its wishes so response can be
made to the County. A sketch showing the location of the subject pro-
perty has been provided to Council.
Mr. Scheifley moved that the Administration be instructed to
inform the Board of County Commissioners that the City Council objects
to the rezoning of Saul Ziner and Louis Moyroud from RS (Residential
Single Family)(County) to RM (Residential Multiple Family-Medium Density)
(County) because it is in conflict with the Land Use Plan, seconded by
Mrs. Durante. Said motion passed unanimously.
Mayor Weekes left the Council Chambers at this time and
Vice-Mayor Scheifley took the chair.
9.c. The City Manager reported that the Planning & Zoning Board
at a meeting held on November 27th, recommended by unanimous vote that
the final plat approval request for Rainberry Lake (Phase IIIA), located
on the west side of Congress Avenue between Lake Ida Road and the L-30
Canal, be approved, subject to the following:
1) City Engineer's memorandum of November 26th.
2) Director of Public Utilities memorandum of November
23rd.
3) Availability of water.
Mr. Bird moved for the adoption of the final plat for
Rainberry Lake (Phase IIIA), subject to the comments and conditions as
outlined on the preface to the agenda, seconded by Mrs. Durante. Said
motion passed unanimously.
Mayor Weekes returned to the Council Chambers at this time.
Mayor Weekes declared the meeting adjourned at 8:00 P.M.
ATTEST: / City Clerk
MAYOR
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The unders~2qned is the City Clerk of the City of De]ray
Beach a~ that %',~e in,formation pre, vialed ~erein is ~he ~inutes of the
meenin~ o~ sai~ City Cou~ci. 1 of ~ecembar ~ 1_979~ whic~ mir~ute~ were
formally approvea ~nd adopted by the City Council cn~,~<~_~d/ /f~,~ ·
C~t7 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.
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