06-26-78 46,7
June 26, 1978
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, June 26, 1978, with Mayor Leon M. Weekes presiding, and City
Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council
members Robert D. Chapin, Charlotte G. Durante, Aaron I. Sanson, IV.,
and James H. Scheifley, present.
1. The opening prayer was delivered by Dr. Warren Nubern,
Lakeview Baptist Church.
2. The Pledge of Allegiance to the flag of the United States
of America was given.
3. Mr. Scheifley moved for the approval of the minutes of the
regular meeting of June 12, 1978, seconded by Mr. Chapin. Said motion
passed unanimously.
4.a. Mr. Chapin noted that some time ago Council spent consider-
able time talking about a District Boundary Line Ordinance and
questioned the status. He stated he would like to see it come back
to Council for consideration.
The City Attorney stated that it is waiting to be put on
a workshop meeting; the City Manager stated he would have to check and
see when it will be-scheduled.
4.b.1. Mrs. Durante stated that shortly after she came on Council,
she asked the Council to consider passing a resolution in support of
the Delray Beach Hospital. At that time, the Council members felt that
they were not in the posture to support such a resolution because
this stand was out of the realm of Council's expertise and they did
not have enough information on it. With this expression by the Council,
she asked the Board of Directors of the Chamber of Commerce to form
a committee to study the Delray Hospital issue and present the pros
and cons to the Board of Directors of the Chamber of Commerce and
have the Chamber take a stand. This committee was formed and at the
May meeting of the Board, the pros and cons of the hospital and their
conclusions were ~presented. Their conclusion was that at this stage,
a resolution from the Council and from the Chamber would not serve
much purpose. This would have been very helpful in the very early
stages of the application for' a Certificate of Occupancy by the hospi-
tal. They are now at the final stage of trying to get the Health
and Rehabilitative Services to overrule the recommendation from the
Areawide Health Planning. Mrs. Durante stated she would accept the
recommendation from the Chamber's Study Committee because she feels
that they did get good information and it was an unbias group.
However, she will be appearing, as an individual, before the HRS
hearing committee this week to state her support for the hospital.
She stated she feels strongly about it for various reasons, one of
which is job opportunities for this community, which is very much
needed. On the subject of job opportunity, the Chamber of Commerce
Board of Directors will be considering a committee that will look
into attracting and seeking out businesses to locate into Delray
that will provide jobs and tax dollars.
4.b.2. Mrs. Durante stated another item she wants to disc~uss is
the trash and debris along West Atlantic Avenue. She stated she does
not know what could be done but she would like to see West Atlantic
Avenue, especially the median strip, cleaned more frequently than it
is.
4.b.3. Mrs. Durante stated she has been trying, for some time,
to do something in the area of community beautification and she has
been talking to various resources that could be called together to
work on this project. Now, she is at a point where she is overwhelmed
with how to put the different resources together and pressented so
that it can be something that the City can adopt and launch forward
into carrying out. She asked if Council would allow her to talk to
Serafin Leal because the housing element is part of what he is doing ~
on the Comprehensive Master Plan? She stated she would like to share
her thoughts with him and see if they can pull it all together.
Council stated they had no objections to this.
4.c.1. Mr. Sanson stated Council received a memo from the City
Manager concerning the erection of security gates at the areas beach
parks and the City Manager wanted to hear Council's comments before
giving the okay to erect these.
Council noted that they have no objections to having this
done.
Mrs. Matthews requested that there also be installed a
chain or something, across the entrance to the beach itself at night.
People with 4-wheel drives drive up and down the beach at night,
particularly the south area, and destroy the vegetation. They have
discussed this with Captain Dalton of the Police Department and he
stated they would put one there and she supposed it was contingent
upon the beach restoration being finished. She noted that there are
two entrances to the beach and both of them should be closed off at
night.
The Mayor asked the City Manager if he would take this
under advisement; the City Manager acknowledged this.
4.c.2. Mr. Sanson asked the City Manager the current status of
the $150,000 the City received from the sales of the confiscated
boats? The City Manager stated to get this in detail Council may go
to the Finance Director's office and let him trace the path of the
money up to where it is now. If Council had agreed to use the boat
money as partial payment for cars for the Police Department, they would
not have done it directly; it would have had to be done by a circui-
tous route in that that money is not held in that specific account
per se due to the accounting requirements imposed upon the City by
the State, the City's auditors, etc. Mr. Sanson stated he is going
to assume that since they did not purchase the police vehicles
(that's what that money was intended for) somehow there is
$150,000 around.
Mr. Sanson noted that Council supposedly knew that this
money is available and, secondly, they are talking about selling that
piece of property on Lake Ida Road. He has been trying to think of
some ways tha~ perhaps, Council can most advantageously use that money
and he, for one, feels very strongly that he would not want to see
the money turned over and thrown into an operational account and see
it go for a very brief and immediate use. He had hoped that Council
would give some specific attention into looking at the recreational
or the City needs in the western section of town, west of Congress
Avenue. He noted he would like for Council to consider the use of
this money to purchase land whether it be used for a parkland or
several parklands, or a site for a new fire station; whatever it is,
it will be used for something out in the western section of the com-
munity where he can see a dire need for capital improvement in the
next few years. He stated what he proposes is that they ask the
Planning Department and the Planning & Zoning Board to study the wes-
tern section and see if they can come up with some parcels of land
that might be available and in a good location for use by the resi-
dents for recreation.
Mayor Weekes noted that he has already taken the liberty
of contacting Jim Nowlin, Jr., who owns Club Chatelaine and who has
some land out there not presently being utilized, and he is researching
the possibility of selling the City a portion of that land which will
be ideally situated for what Mr. Sanson has in mind.
Mr. Sanson stated it may be nice to see what other loca-
tions throughout from Boca Raton line to Boynton might be available
too.
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46§
The City Manager stated the suggestion has come up tonight
that the City give consideration tO earmarking money from two sources
(1) the sale of the boat (2) from the sale of the land on Lake Ida,
should the City ultimately sell it, to a specific purpose. The pur-
pose mentioned by Mr. Sanson is a good one; however, there is also a
second purpose that is high on the priority list in trying to find
money to finance - that is for a fire station in the western section
of the City. The City owns a tract of land at the N.E. corner of
Lake Ida Road and Barwick Road that was specifically deeded to the
City for a fire station site; a fire station is needed in that sec-
tion of the City when the City is able to finance the construction
of one and finance the staffing and equipping.
Mr. Sanson stated that one comment made during the last
discussion of the Brennan property was perhaps the City could get
some land around that area for a mini-park. The City has its fair
share of elaborate parks; what he is talking about is a place where
kids can have some swings, slides, a place where there is a fence
erected and they can enjoy themselves - not something that is going
to cost a lot of money.
Mr. Chapin stated this discussion is a small part of a
larger question and that is long range capital improvement. Back in
the late 60's the City had a capital improvement budget for the
future; hopefully, in the month of June, Council will, at a workshop
session, sit down and consider all the priorities that involve the
government prior to the budget time, so that they can have some handle
on the entire capital needs of this community and look at it as an
overall picture.
4.d.1. Mayor Weekes stated Council needs to, very soon, sit down
and address the problem of how they are going to operate the Delray
Beach Country Club. If the balance of Council agrees, he would like
to schedule for the next workshop meeting, consideration of the
options that are available for the operation of the club and proceed
to move in that direction. However it is operated, Council should
be ready prior to~.the closing..
Mr. Sanson stated he concurs with Mayor Weekes and today
in the City Manager's office, he had an opportunity to talk with him
about it and suggested that he or somebody try to find out the situa-
tion with the North Palm Beach Country Club, which is one of the
most successful operations from a governmental standpoint.
The City Manager noted that the next workshop meeting will
be too soon to schedule this but will do it in the near future.
4.d.2. Mayor Weekes stated he has a request from the National
Chairman of United Nations Day asking him to appoint a local Chairman
of United Nations Day. He asked for volunteers - Mr. Scheifley noted
he has had that problem for the past six years during his term as
Mayor and stated it is very difficult to find someone for this position.
Mayor Weekes stated since no one volunteered he will appoint someone.
5. There were no public requests from the floor.
6.a. The City Manager noted that Jack Detwiler, a member of the
City's Civil Service Board, has resigned from that Board. His term
expires on April 1, 1980; the Board has a considerable amount of im-
portant business before it at this time and it would be good .if an
appointment was made at the earliest possible date for a person to
fill the vacancy left by the resignation of Mr. Detwiler. Due to
the urgency and need of this appointment, if Council is ready to act
on it, they may do so, if not, it can be referred to a future workshop
meeting.
Mr. Chapin moved that Malcolm Bird be appointed to fill
the vacancy created by the resignation of Jack Detwiler, seconded by
Mrs. Durante. Said motion passed unanimously.
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170
During his motion, Mr. Chapin stated he was responsible
for asking Mr. Detwiler to serve the residents of this community and
he served them very well. He hopes that an appropriate resolution
for his service would be prepared by the City Administration and
presented to Mr. Detwiler at an appropriate time. Mr. Chapin stated
while serving on this Council, it has been a pleasure for him to
recommend good people to serve on the City's Advisory Boards and he
is pleased to say that during the year and a half he has served on
this Council, this Council has been able to track excellent people to
serve in City government. Continuing in this spirit Malcolm Bird,
based upon his career, an officer in the Air Force and his interest
in Civic Affairs in this community, will lend a strong, business
background, a strong background of fairness and equity to be presented
to the Board and he will be an asset to the City if the majority will
approve this appointment.
Mayor Weekes noted he has worked with Mr. Bird on various
Civic projects and finds him, in his opinion, to be well qualified
and he has served on the Civil Service Board in another city.
Mr. Scheifley stated that this is one of the most important
and sensitive Boards the City has and the City has been extremely
fortunate in having people like Joe Collier and Jack Detwiler. He
stated he feels that Malcolm Bird will be an asset and maintain the
high integrity of the Court.
Roll call on the motion was had at this time.
6.b. The City Manager reported that it is recommended that
Council authorize approval of Change Order No. 2 - Sanitary Sewerage
Project, Part B, in the amount of $43,170 involving the construction
of a 16" force main from N.E. 1st Street through the City Park to the
Master Lift Station. This force main extension is required due to
the increased sewage pumpage rates expected from~the beach area when
the City modifies the existing beach lift stations with the pumps
salvaged from the Master Lift Station. The existing contract amount
is $1,226,372.50. EPA funding of 75% of the force main cost has been'
verbally assured by EPA personnel. However, official EPA approval
cannot be obtained until the formal Change Order has been approved
and processed by the City and the Florida Department of Environmental
Regulation. If approved by EPA, the City's share of the force main
cost will be $10,972.50.
Mr. Scheifley moved for the approval of Change Order No. 2
- Sanitary Sewerage Project, Part B, seconded by Mrs. Durante. Said
motion passed unanimously.
Before roll call Mr. Sanson asked the City Manager what
will happen if they don't approve it. The City Manager stated that
there is always some slight chance that they will not approve it, but
they have given verbal approval. However, should they not approve it,
the City should do it anyway and the City would be able to fund the
entire amount but it is very unlikely that the City would have to
fund it all and he is almost sure that the EPA grant would be obtained.
You cannot be positively sure because EPA, under its guidelines, can-
not give official approval prior to the approval of Change Order No. 2.
6.c. The City Manager reported that the City is in receipt of
an offer (and $5000 deposit) to buy the 7-acre tract of City-owned
land on the north side of Lake Ida Road east of the E-4 Canal.
Council has expressed a desire in the past to explore the advisability
of selling this property, as well as the City-owned tract on the south
side of Lake Ida Road opposite the subject tract. This item was
deferred for two weeks at the June 12th meeting. This is on the
agenda not for the Council to make a decision whether to sell the
land but as to whether or not to advertise it for sale and submit it
to the sale procedure as set forth by the City legal requirements.
Mrs. Durante moved for the City to advertise and take all
the necessary steps in connection therewith to submit the above
described parcel of land for sale seconded by Mr. Chapin. Said motion
- 4 - 6/26/78
passed unanimously.
Before roll call upon question by Mr. Sanson, Mayor Weekes
stated that all the City will be doing is taking bids but does not
have to accept the bids - the City has the right of refusal of any
and all bids.
The City Attorney noted that in regard to the sale, the
City Code requires that the property be sold at auction subject to
City Council's approval, therefore, with Council's permission, working
with the City Clerk, they will go ahead and establish an auction date,
probably approximately one month from tonight and set it up on a day
when Council has a workshop. This was approved by Council.
At this point the roll to the motion was called.
6.d. The City Manager reported that it is recommended that the
proposed amendment to the South Palm Beach County Cooperative Dispatch
Center Interlocal Agreement be approved. The purpose of the amend-
ment is to satisfy the requirements of the Florida Department of
Criminal Law Enforcement so as to permit the Dispatch Center to have
access to the computerized Florida Crime Information Center which is
a necessity to adequately carry out the duties of a law enforcement
communications center. The CDC Board, Administrative Committee and
Executive Director unanimously agree that the Interlocal Agreement
should be amended as proposed.
Mr. Scheifley moved for the approval of the amendment to
the Interlocal Agreement to the South Palm Beach County Cooperative
Dispatch Center as outlined by the City Manager to permit the Dispatch
Center to have access to the computerized Florida Crime Information
Center, seconded by Mr. Chapin. Said motion passed unanimously.
7. There were no petitions and communications.
8.a. The City Manager reported that a request has been received
for construction of a seawall to prevent erosion on Lot 350, Tropic
Isle, 3rd Section, 961 Hyacinth Drive. The property is presently
adjacent to a vacant lot; no money is involved as far as the City is
concerned but City's approval is necessary in order to do the con-
struction. Approval is recommended by adoption of Resolution No. 49-78.
The City Manager presented Resolution No. 49-78:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DLERAY BEACH, FLORIDA, OF APPROVAL
FOR CONSTRUCTION OF A "T" PILE AND SLAB
TYPE, CONCRETE SEAWALL AND BACKFILL WHERE
APPROPRIATE, FOR THE PRIMARY PURPOSE OF
PREVENTING EROSION ON LOT 350, TROPIC
ISLE, 3RD SECTION, CITY OF DELRAY BEACH,
AS RECORDED IN PLAT BOOK 25, PAGE 37,
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
(Copy of Resolution No. 49-78 is on file in the official
Resolution Book.)
Mr. Chapin moved for the adoption of Resolution No. 49-78,
seconded by Mrs. Durante. Upon roll call Council voted as follows:
Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley
- Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote.
8.b. The City Manager reported that Resolution No. 50-78,
authorizing negotiation for the purchase of an IBM Model 34 Computer
for the Finance Department, is before Council for passage consideration.
Because of the rapid growth of the City with its water, sewer and
garbage billing, the current computer purchased in 1970 has reached
its limitations. With the advances made in the past eight years in
the computer industry, the contemplated purchase of the Model 34 will
do more at a faster rate of speed. Funds in the amount of $127,450 are
- 5 - 6/26/78
472
provided in the current budget for computer purchase, which is
$24,404 more than the purchase price of the recommended equipment
purchase. The only variation is that the City's budget provides for pur-
chase of a different system than what they proposed to purchase at
this time. The budget proposes the purchase of a System 3, Model
12 computer; since the budgeting of that item, IBM has developed a
new System 34 that will do the City's job much better and cheaper
and will do more work much faster.
The City Manager presented Resolution No. 50-78:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
NEGOTIATION FOR THE PURCHASE OF AN IBM
MODEL 34 COMPUTER.
(Copy of Resolution No. 50-78 is on file in the official
Resolution Book.)
Mr. Scheifley moved for the passage of Resolution No.
50-78, seconded by Mr. Sanson. Upon ro~l call Council voted as
follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes;
Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with
a 5 to 0 vote.
8.c. The City Manager reported that Resolution No. 51-78,
accepting an extension of sanitary sewers in Area 21, Southridge
Subdivision between S.W. 4th Avenue and South Swinton Avenue on
Dixie Boulevard and on South Swinton Avenue and Dixie Boulevard,
be approved as operational is before Council for passage considera-
tion.
The City Manager presented Resolution No. 51-78:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ACCEPTING
AN EXTENSION OF SANITARY SEWER INSTALLED
IN AREA 21 COMPRISING THAT PART OF PLAT
1 OF 2 SOUTHRIDGE, A SUBDIVISION SITUATED
IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA, AS
RECORDED IN PLAT BOOK 13, PAGE 38, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
SAID SEWERS BEING ACCEPTED IN SOUTHRIDGE
SUBDIVISION, PLAT 1 OF 2; LATERALS 21-B-2
LOCATED BETWEEN S.W. 4TH AVENUE AND SOUTH
SWINTON AVENUE ON DIXIE BOULEVARD; LATERAL
21-B-2 LOCATED ON SOUTH SWINTON AND DIXIE
BOULEVARD AS OPERATIONAL AND SETTING THE
INITIAL SCHEDULE OF RATES, FEES AND OTHER
RELATED CHARGES TO BE IMPOSED FOR THE
SERVICES AND FACILITIES FURNISHED BY
SAID SANITARY SEWER SYSTEM.
(Copy of Resolution No. 51-78 is on file in the official
Resolution Book.)
Mrs. Durante moved for the adoption of Resolution No. 51-78,
seconded by Mr. Sanson. Upon roll call Council voted as follows:
Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley
- Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote.
8.d. The City Manager reported that Resolution No. 52-78,
accepting an extension of sanitary sewers in Area 34, Tropic Palms
Subdivision Section 29 and Lots 10 to 27, Block 4, Tract "A" and
part of Block 7, Del-Raton Park Subdivision, be approved as operational,
is before Council for passage consideration.
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473
The City Manager presented Resolution No. 52-78:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ACCEPTING
AN EXTENSION OF SANITARY SEWER INSTALLED
IN AREA 34, COMPRISING THAT PART OF
TROPIC PALMS SUBDIVISION, PLAT NO. 1,
DELRAY BEACH, FLORIDA, IN SECTION 29,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, A PART OF THE
SUBDIVISION OF SAID SECTION 29, AND
LOTS 10 TO 27 INCLUSIVE, BLOCK 4, TRACT
"A" AND A PART OF BLOCK 7, DEL-RATON
PARK, AS RECORDED IN PLAT BOOKS 6 AND
14, PAGES 50 AND 10 RESPECTIVELY,
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; SAID SEWERS BEING ACCEPTED IN
TROPIC PALMS, PLAT NO. 1, LATERALS
34=D-~ LOCATED ON LINDELL BOULEVARD:
THAT PART OF LINDELL BOULEVARD BETWEEN
BOBOLINK ROAD AND ONE HUNDRED SIXTY-
FIVE FEET BEYOND ALBATROSS ROAD ON
LINDELL BOULEVARD AND LATERAL 34-D-5
ON AVOCET ROAD, THAT PART OF AVOCET
ROAD BETWEEN BLUE BIRD DRIVE AND
LINDELL BOULEVARD AS OPERATIONAL AND
SETTING THE INITIAL SCHEDULE OF RATES,
FEES AND OTHER RELATED CHARGES TO BE
IMPOSED FOR THE SERVICES AND FACILI-
TIES FURNISHED BY SAID SANITARY SEWER
SYSTEM.
(Copy of Resolution No. 52-78 is on file in the official
Resolution Book.)
Mr. Scheifley moved for the passage of Resolution No.
52-78, seconded by Mr. Chapin. Upon roll call Council voted as
follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes;
Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with
a 5 to 0 vote.
8.e. The City Manager reported that Resolution No. 53-78,
accepting an extension of sanitary sewers in Delray Manor Addition
and Rosemont Park, be approved as operational, is before Council for
passage consideration.
The City Manager presented Resolution No. 53-78:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ACCEPTING
AN EXTENSION OF SANITARY SEWER INSTALLED
IN AREA 24, THAT PART OF PLAT OF DELRAY
MANOR ADDITION TO DELRAY BEACH, FLORIDA,
A SUBDIVISION OF LOT 4, SECTION 20, TOWN-
SHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED
IN PLAT BOOK 12, PAGE 59, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, AND THAT
PART OF ROSEMONT PARK, BEING A SUBDIVI-
SION OF LOT 2 AND NORTH ½ OF LOT 3 OF
SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43
EAST, AS RECORDED IN PLAT BOOK 13, PAGE
60 OF PALM BEACH COUNTY RECORDS EXCEPT
SOUTH 132 FEET OF BLOCK 2, SAID SEWERS
BEING ACCEPTED IN DELRAY MANOR ADDITION
AND THAT PART OF ROSEMONT PARK SUBDIVI-
SION; SEWER LATERALS LOCATED IN DELRAY
MANOR ADDITION; LATERAL 24-B LOCATED
BETWEEN S.W. 8TH AVENUE AND S.W. 6TH
AVENUE ON S.W. 9TH COURT AND ALSO ON
6TH AVENUE, BETWEEN S.W. 9TH COURT AND
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S.W. 8TH COUET; LATERAL 24-B-1 AND
LATERAL 24-B-2 LOCATED ON S.W. 9TH STREET
BETWEEN S.W. 8TH AVENUE AND S.W. 4TH
AVENUE; LATERAL 24-B-3 LOCATED BETWEEN
S.W. 6TH AVENUE AND S.W. 4TH AVENUE ON
S.W. 9TH COURT; SEWER LATERALS LOCATED
IN ROSEMONT PARK SUBDIVISION; LATERAL
MAIN 24 BETWEEN S.W. 7TH STREET AND S.W.
6TH STREET ON S.W. 7TH AVENUE; LATERAL
24-A LOCATED ON S.W. 6TH AVENUE, 300
FEET SOUTH OF S.W. 7TH STREET AND ALSO
BETWEEN S.W. 6TH AVENUE AND S.W. 5TH
AVENUE ON S.W. 7TH STREET AND ALSO
BETWEEN S.W. 7TH STREET AND S.W. 6TH
STREET ON S.W. 5TH AVENUE; LATERAL
24-A-2 BETWEEN S.W. 7TH STREET AND S.W.
6TH STREET ON S.W. 6TH AVENUE AS OPERA-
TIONAL AND SETTING THE INITIAL SCHEDULE
OF. R~TES, FEES AND OTHER RELATED CHARGES
TO BE IMPOSED FOR THE SERVICES AND FACI-
LITIES FURNISHED BY SAID SANITARY SEWER
SYSTEM.
(Copy of Resolution No. 53-78 is on file in the official
Resolution Book.)
Mr. Sanson moved for the passage of Resolution No. 53-78,
seconded by Mrs. Durante. Upon roll call Council voted as follows:
Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley
- Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote.
8.f. The City Manager reported that Resolution No. 54-78,
~ndorsing the resolution adopted by the Kiwanis Club of Delray Beach
on April 28, 1978 on the subject of "Safeguard Against Crime", is
before Council for passage consideration. Council, at the June 12th
meeting, directed the City Attorney to prepare the resolution.
The City Manager presented Resolution No. 54-78:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ENDORSING
THE RESOLUTION OF THE KIWANIS CLUB OF
DELRAY BEACH ADOPTED APRIL 28, 1978, ON
THE SUBJECT OF "SAFEGUARD AGAINST CRIME"
AND INDICATING DELRAY BEACH'S INTENT TO
SUPPORT A COMMUNITY EFFORT TO SAFEGUARD
ITSELF AGAINST CRIME AND, TO THE EXTENT
POSSIBLE AND APPROPRIATE, IMPLEMENT THE
IDEAS STATED IN SAID RESOLUTION.
(Copy of Resolution No. 54-78 is on file in the official
Resolution Book.)
Mr. Chapin moved for the adoption of Resolution No. 54-78,
a statement regarding "Safeguarding Against Crime" in this community
to be sent to the various members of.the judiciary part of the Supreme
Court - Court of Appeals, the Circuit Court of Palm Beach County,
Attorney General, and the State Attorney, seconded by Mr. Scheifley.
Upon roll call Council voted as follows: Mr. Chapin - Yes;
Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; M~yor
Weekes - Yes. Said motion passed with a 5 to 0 vote. .~
8.g. The City Manager reported that Or.dinance No. 18-78, rela-
tive to rezoning and placing land presently zoned RM-15 (Multiple
Family Dwelling) District in RM-6 (Multiple Family Dwelling) District
located on the north side of S.W. 10th Street between S.W. 15th Avenue
and S.W. 12th Avenue, is before Council for passage consideration on
Second and FINAL Reading. This ordinance was passed on First Reading
at the April 24th meeting. Prior to consideration of passage of
this ordinance on Second and FINAL Reading, a public hearing has been
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475
scheduled to be held at this time.
The City Manager presented Ordinance No. 18-78:
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
RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT,
REPLAT OF PORTIONS OF DELRAY BEACH HEIGHTS
EXTENSION SECTION "A" & "B", BLOCK 4,
LOTS 1 THROUGH 16; BLOCK 6, LOTS 1
THROUGH 14; BLOCK 8, LOTS 1 THROUGH 14;
BLOCK 9, LOTS 1 THROUGH 7 AS RECORDED
IN PLAT BOOK 28, PAGE 171 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LAND IS LOCATED ON THE NORTH SIDE
OF S.W. 10TH STREET BETWEEN S.W. 15TH
AVENUE AND S.W. 12TH AVENUE, AND AMENDING
"ZONING ~P OF DELRAY BEACH, FLORIDA,
1977".
(Copy of Ordinance No. 18-78 is on file in the official
Ordinance Book.)
The City Manager 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 City Attorney stated he asked the Planning Director to
attend the meeting tonight to give Council a little background on
this ordinance. It has been to Council several times but it arose
out of the Comprehensive Planning consideration's of the Planning &
Zoning Board and it is important to keep it in that perspective.
Dan Kotulla, Planning Director for the City of Delray Beach,
stated that although Council is considering this as an isolated parcel
of land for rezoning, it should be noted that this parcel was original-
ly part of the 73 parcels of land the City rezoned in order to bring
the zoning of all properties in conformance of the Land Use Plan,
which was adopted in June, 1977. Their original intent in rezoning
this property, as well as the large portion of the other 72 parcels,
came as a result of one of their primary goals in developing the
Land Use Plan; that goal being to reduce the overall saturation popu-
lation of the City. In order to accomplish this goal, they looked
at all vacant parcels of land throughout the City and after analyzing
each, in almost all instances, all vacant parcels of land had their
density reduced in one form or another. As such, this parcel is not
singled out for rezoning, but as part of the overall Comprehensive
City rezoning.
Upon question by the City Attorney, Mr. Kotulla noted that
it was the recommendation of the Planning & Zoning Board that the
parcel be rezoned to RM-6; it is presently zoned RM-15.
Edward Tietig, 16300 S.W. 184th Street, Miami, Florida,
stated formerly he does not waive any objection to jurisdictional
matters and the propriety of this meeting; he does not waive any
objection to any procedural matter. He formerly adopts each ~nd every
proceeding which has taken place on the five or six meetings,'which
have come here before and he adopts by reference, all testimoney and
all statements made by whomever in those meetings. He stated that
while this is in his name, Council has said that it is really not his
motion but his resistance to the overall zoning which occasioned this.
The last time this was up for the first hearing, Council heard from
Mr. Keith Miller of San Diego, California - Mr. Miller is back in
San Diego, but he raised objections and he authorized Mr. Tietig to
raise objections tonight. Between Mr. Tietig and Mr. Miller, Mr. Tietig
stated they own about 100% or 90% of the lots.
- 9 - 6/26/78
Mr. Tietig stated he bought the land in December, 1973
and at that time he did not obtain the zoning and he did not buy it
subject to rezoning. At that time, it was zoned RM-15 and he could
have built 179.70 units on this property (speaking of his 39 lots);
however, he could not build because the City had a sewer moratorium.
At the present time, with the proposed RM-6 zoning, he can build 45
units on 39 lots and these are minimum 90 foot lots which knocks
him down exactly 75% in density and effectively rezoned him down to
single family residential. The various purposes for what Council is
doing doesn't make sense because his parcel of land is surrounded by
multiple family and industrial zoning; the only excuse for single
family is 60 foot lots. Mr. Tietig questioned how Council can stick
him out there and say he should build single family residential
in that area; the streets have to be reworked, the sewer has to be
put in and you cannot put all of that in and put that load on and
make it fly. Mr. Tietig stated he has been held up from not being
able to build because of sewer, he has been up here twice with a vote
of 3 to 2 for him and then again with a 3 to 2 against him and the
last time he was here he had to go home and now he is back again.
He stated he had an architect lined up, builders lined up, FHA lined
up, FHA Mortgagee lined up, and he can give the City a good product.
He suggested that if Council is going to go on density, why not zone
him industrial and that would take care of the density.
Mr. Tietig stated Council has a procedure of Site Plan
Review and he is willing to rise or fall on quality but he can't
take this "low density means higher quality" because that doesn't
ring true. He asked Council to give him what they had agreed to in
the first place, RM-10, which gives him 85 units and is still less
than half of what he had when he came in. He asked that Council let
him come and show them something that projectively looks good and,
if they don't like it, kick it out.
Mr. Scheifley noted that along 8th Avenue there was a very
nice single family, residential area, and questioned if that means
this was uneconomic, those people did not make any money, and can not
a developer take this land and build RM-6 Single Family or a density
of RM-6.
Mr. Tietig stated that the property Mr. Scheifley says is
so nice to the east is 60 foot lots and the density there compared
to the density they are giving him is 133% of the proposed density
Council is going to give him. He noted that that property is sitting
next to a green space which happens to be a cemetery and his property
happens to be sitting next to two sides which happen to be industrial.
He stated he is not going to go in and build $50,000 and $55,000
homes when he is sitting next to warehouses, a power substation, an
undeveloped piece of industrial property and he doesn't know what
is going in there.
Mrs. Durante asked Mr. Tietig if his lots are 100 foot in
depth and he answered, yes. She noted that he couldn't build on a
60 x 100 foot lot now anyway, you have to have 7500 square feet.
Mr. Tietig stated that is beside the point; it is what's there that
counts. Mrs. Durante commented that Mr. Tietig keeps referring to his
90 foot frontage as if that is a large lot but he only has 100 feet
in depth. Mr. Tietig pointed out that Stewart Arms is there 9/10
abandoned but it is there; Mrs. Durante advised they couldn't rezone
that piece of property because the building is already there.
Mr. Tietig stated he feels that Mrs. Durante thin~s that
density is the sole criteria of quality and she feels the City owes
him absolutely nothing and he objects strenuously to both of those.
Mrs. Durante stated no, they looked at his parcel as part
of a total package and, if they are going to consider his situation
there as to density, then they need to go back and reconsider a lot
of them because there are a lot of them they reduced from RM-15 to
something else and they bought it as something else.
- 10 - 6/26/78
47'7
Upon question by Mr. Chapin, Mr. Tietig stated he owns
three of the lots zoned RM-6 to the east of the subject property and
Mr. Miller owns four and they, in effect, own 100% of that area so
in effect some of the lots have already gone from RM-15 to RM-6.
Mr. Chapin questioned the possibilities for PRD-7 and
Mr. Tietig stated that doesn't make any sense to him; he talked to
Mr. Ermovik and got the criteria there. In the first instance you
have lots that have already been platted in blocks and the grading has
already been done, streets and drainage have already been installed
and to uproot that would be a tremendous cost and he and Mr. Ermovick
came up with 60 units, which will not justify the extra cost of
reworking the land.
The public hearing was closed.
Mr. Scheifley asked Mr. Kotulla to give Council a little
history and the proqeedings of the Planning & Zoning Board, how the
vote was at the last meeting this was discussed. .Mr. Kotulla stated
he would have to look at the files because he did not remember.
Mrs. Durante stated it was unanimous on both occasions; it was first
recommended by the P & Z Board, as a unanimous recommendation.
Council sent it back to the P & Z Board for reconsideration at RM-10;
P & Z recommended again, unanimously the second time, at ~4-6.
Mayor Weekes stated this is one of the things he has not
agreed with from the beginning and he does not agree with it now.
He thinks it is an injustice to rezone property that is bounded on
two sides by light industrial and by an abandoned apartment project
zoned RM-15 on the north, buffered on the east by RM-6 from single
family, from RM-15 to RM-6. He has voted against the proposed re-
zoning consistently, it has vascilated, and Council would have denied
this rezoning if it had not been that the elections were held when
they were and a seat on Council changed. Mayor Weekes stated he
personallly intends to continue to vote in the same fashion that he
voted before on this issue.
Mr. Scheifley asked Mrs. Durante if all the houses in
Delray Heights are occupied and if it has been a successful develop-
ment to her knowledge? She stated she does not know but as far as
she knows, they are all sold out and she does not think there are any
unoccupied homes out there.
Mr. Sanson stated he concurs with the remarks of Mayor
Weekes and would clarify that to the extent that he, Mayor Weekes
and Mr. Randolph supported rezoning to 10 units per acre. Mr. Sanson
stated in the four years he has been on Council, he has supported
95% or 99% of the recommendations out of P & Z and he just really,
in good conscience, thinks that this is one time that with the logic,
arguments, and rational put forth so far, he has a hard time under-
standing it and can see Mr. Tietig's position.
Mr. Scheifley stated that Mr. Weekes has been consistent
in this and the certified garage in the area around it, and there is
some similarity, and he has voted against both of them. But in one
where Council was considering an RM-10 and the majority of Council
subjected to any commercial down there, Mr. Sanson favored single
family residence rather than RM-10. Mr. Scheifley stated that he
does not see that there is a great deal of difference here, some of
the facts in the case are different but the argument down there is
the same one that applies here. Mr. Sanson noted that the Certified
Auto was surrounded on two sides by single family homes, technically
on three and the he does not see the similarity.
Mrs. Durante stated reference to the RM-15 zoning there
with Stewart Arms keeps coming up but in Stewart Arms, when it is
finally occupied, you are talking about 2000 people in that one
pocket. She questioned whether Council wants to put an RM-10
zone there with perhaps another 1000 people next to it within about 4 or 5
blocks. She stated she thinks that is very poor planning to congest
- 11 - 6/26/78
47S
that many people in that area; if they want to consider the fact that
somebody's property was zoned at a certain density when they bought
it, why don't they go back now and rezone all of the land they
rezoned from RM-15 to RM-6 that abuts the commercial property on
Atlantic Avenue because those people ought to be considered.
Mr. Sanson stated they can cite specific examples all
over town but they are talking about a specific piece of property
and he does not see similarities; they have to take things on the
aspect of what the circumstances are to that specific situation. He
feels that the RM-10 would have been sufficient.
Upon question by Mayor Weekes as to how many acres are in
this tract being considered, Mr. Tietig stated it is about 14 acres.
Mr. Chapin stated that out of 75 parcels there has probably _
been two or three very close ones, good arguments have been presented,
Council should be fair across the board; they have achieved some
element of fairness in approximately 15% of this entire parcel and,
as he sees it, they are looking at a density from 110 down to 45;
PRD-7 would appear to be impractical and site and development plan
really doesn't give an awful lot of control over quality. He stated
that of the 75 parcels, this has been the toughest he has had to
vote on with one or two other exceptions.
Mr. Chapin asked if there is any reason why, other than
land grading cost, that PRD-7 would be impractical. He Stated he
asked that question because he understands that PRD requires a
minimum requirement of 20 acres and they are talking about 15 acres;
he asked if that is a permissible variance within the jurisdiction of
the Board of Adjustment.
The City Attorney stated that the Board of Adjustment is
not prohibited by the terms of the Code from granting a variance like
that and it would be up to Mr. Tietig to show the hardship within the
criteria established under the ordinance to be entitled to the variance.
Mr. Chapin asked Mr. Kotulla that assuming the jurisdiction
is within the Board of Adjustment to grant a variance, does he see any
objection or difficulty from a planning point of view with PRD-7 for
this 15 acres. Mr. Kotulla stated, speaking for himself, he would
probably be more in favor of the PRD-7 than the RM-6 because PRD-7
calls for 50% of the acreage to be devoted to detached single family.
Overall, the character of that development would be more single
family than it would multi-family; under a strict RM-6 or RM-10, the
sole character would be miltiple family.
Mr. Chapin asked Mr. Tietig other than the grading problem,
are there any other objections to PRD-7. Mr. Tietig stated that you're
pricing yourself out of the ball park; you're adding another $3000 or
$4000 a unit for streets, relocation of water, relocation of sewer,
upgrading, etc. He stated that this area is an area for a well though-
out, high classed townhouse project and this is what he would like to
do.
Mrs. Durante asked Mr. Kotulla if Mr. Tietig could build
townhouses under RM-6 and his answer was, yes, RM-6 provides a special
section for townhouses.
Mrs. Durante asked Mr. Tietig if he would be considering
some open space to which he answered, yes. She stated that she
thought this was why the Planning & Zoning Board considered RM-6 be-
cause they were looking at townhouses and also reducing the density.
Mr. Tietig stated that if you have one unit per one 90 foot lot to
put a townhouse on, that would be economic suicide. Mrs. Durante
stated that you wouldn't compute it on a 90 foot lot but on the total
acreage because the lots would be abandoned.
- 12 - 6/26/78
479
Mrs. Durante moved for the~passage of Ordinance No. 18-78
on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call
Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes;
Mr. Sanson - No; Mr. Scheifley - Yes; Mayor Weekes - No. Said motion
passed with a 3 to 2 vote.
9.a. The City Manager reported that an application has been
received from Lois Harvel to annex a 14,451.8-square foot parcel
of land, subject to R-1AA (Single Family Dwelling) District. The
property is a single family residence. The subject property is in
Section 8-46-43 and is located at the southwest corner of the inter-
section of N.W. 9th Street and N.W. 8th Avenue. Since this request
for R-1AA zoning is in conformance with the existing City and County
zoning for this area, approval of the annexation is recommended.
This property is presently zoned in the County as RS (Residential
Single Family). It is recommended that the City Attorney be directed
to prepare the ordinance effecting the annexation.
Mr. Sche~fley moved that the City Attorney be directed to
prepare an ordinance effecting the annexation of the subject property
located at the S.W. corner of the intersection of N.W. 9th Street and
N.W. 8th Avenue, seconded by Mr. Chapin. Said motion passed unanimously.
Before roll call Mr. Sanson asked if there is any reason
this property could not qualify as R-1AAA. The City Manager stated
he certainly thinks the property would qualify as R-1AAA, however,
the statement made to him by Planning & Zoning is that it is in con-
formance with the existing zoning which he assumes to be R-1AA.
Upon question by the Mayor, the City Manager stated that
the property is improved with a single family residence on it. The
Mayor then noted that before it is annexed at R-1AAA it has to be
determined whether or not the residence meets the square footage
requirements. The Mayor suggested that Council go ahead and
authorize the preparation of the ordinance and if they find that it
qualifies for R-1AAA, it can be changed when it comes before Council.
The roll to the motion was called.
10. The City Manager recommended that Council authorize approval
of the City's bills.
Mr. Scheifley moved that Council authorize payment of the
City's bills, seconded by Mr. Chapin. Said motion passed unanimously.
General Fund .............. $422,527.57
Fed. Rev. Sharing Trust Fund ..... 115,000.00
Utility Tax Fund ............ 63,990.00
Special Projects Fund ......... 59,910.00
Improvement Fund ............ 63,000.00
Fed. Public Works Fund ......... 129,576.73
Water & Sewer Fund .......... 150,230.43
Mr. Chapin moved, at 8:20 P.M., for the adjournment of
the meeting, seconded by Mr. Scheifley. Said motion passed unanimously.
City Clerk
APPROVED: ~~
MAYOR
- 13 - 6/26/78
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 on June 26, 1978, which minutes were
formally 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 - 6/26/78