03-22-76 March 22, 1976
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday,
March 22, 1976, with Mayor James H. Scheifley presiding, City Manager
J. Eldon Mariott, City Attorney Roger Saberson, and Council members
Andrew M. Gent, Grace S. Krivos, David E. Randolph and Aaron I. Sanson,
IV, present.
1. The opening prayer was offered by Rev. ~ary Kupferle, Unity
of Delray Church.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular meeting of March 8, 1976 were
~-~animously approved on motion by Mrs. Krivos and seconded by Mr. Gent.
Mr. Sanson requested the last sentence of Item 5(c) be corrected to
read: "The City Manager stated the signs would be erected..." instead
of could be erected. Mr. Sanson stated he would like to change the
wording of a sentence under Item 6(c) as follows: Item 1 in paragraph
1 - "...and he has not received a response" instead of "he has received
a general response". The City Attorney stated Item 3, paragraph 4, 12
lines from the bottom should be changed to read: "...that a 3 to 2 vote
was not valid".
4.a. Mr. Gent requested that the City Manager arrange for more
attention by the Police Department concerning speeding, drag racing,
noisy mufflers, etc. on North Swinton Avenue.
4.b. Mr. Sanson suggested the Chairman of the Board of Adjustment
be invited to appear before Council so the functions of the Board could
be discussed. The City Manager stated this item was scheduled for the
March 29th workshop meeting.
5.a. Mrs. Anne Pfundston, 80 N.E. 4th Avenue, Delray Beach, spoke
concerning the garbage and sewer rates. The City Manager stated the
Finance Department had informed him she was being billed correctly and
if she so desired, she should contact the Finance Department directly.
The City Manager explained that the rate of $7.00 per office would be
considered at this meeting with the possibility of changing the amount
to $2.00 per office.
5.b. Mrs. William Holiday, 40 N.W. 9th Avenue, Delray Beach, asked
why sidewalks have not been installed on her street. The City Manager
stated sidewalks and paving would be installed in the west side of Delray
Beach in a program that would begin shortly. The City Manager stated he
could not determine the actual streets that would be paved since so many
were involved. Mrs. Holiday asked if something could be done to protect
the children who catch a bus in the morning on N.W. 2nd Street behind the
City Hall. The City Manager stated he would check with the Board of
Education to determine if something could be done to maintain safety for
the children. She then complained of the dumpster not being emptied of
garbage that is located behind Bob's Washhouse. The City Manager stated
he would check into the matter if Mrs. Holiday would call him with the
complete information.
6.a. The City Manager reported on the City's insurance program
and workmen's compensation. He presented Council with several memoran-
dums pertaining to the problems encountered by other cities and those
in D~lray Beach. One memorandum is from the Atlantic Insurance Agency,
Inc. signed by Ed Galloway dated March 22, 1976. Mr. Galloway stated
he has encountered extreme difficulty in placing the general liability
and wo~'kmen's compensation coverages for the City of Delray Beach. The
present carrier, Great American Insurance Company, declined the renewals
in January, 1976, ~nd gave the City until A~ril 1, 1976 to place theqe lines
of insurance with another carrier. The reason for the non-renewal was
ba~cd on [lie £ollowJng t.,~ctr)rs: I - expo:;u~:'e [o (.~xk.r(:me shock losses as
evidenced by previous experience; 2 - emergency vehicle exposure, mainly
police and fire department units; 3 - location of risk (Palm Beach County)
in which this particular company has curtailed their writings to bare
minimums in the past six months; and 4 - excessive jury awards in Palm
Beach County was also cited as an underwriting factor in their decision.
The specifications were submitted to over twenty other leading companies,
but to no avail. Some agents submitted the line to sub-standard markets,
but the reaction was the same as the standard carriers. The City Manager
read the 14 carriers listed by Mr. Ed Galloway as being some of the agen-
cies requested to write the coverages. The City Manager stated the
memorandum said projected premiums for the forthcoming year total
$226,081.00 for these coverages, representing an increase of $71,000.00
over the previous year. The Workmen's Compensation premium represents
$45,000.00 of this over-all increase based on the new rating structure
approved in Florida January 1, 1976. These projected premiums were com-
puted on the basis of a standard admitted company. Negotiations are
still in progress with several companies to write the coverage April -
1, 1976. It should be consummated this week and given to the appropriate
officials for approval. The City Manager stated Mr. Tom Weber, Mr. Ed
Galloway and Mr. Edward Siver, the City's insurance consultant, have all
put in tremendous effort attempting to keep the coverage and to secure
new coverage for the City. Mr. Galloway explained Item No. 1 of his
memorandum, giving examples of shock loss as the death of a police
officer or a police officer killing a person. He,stated they could be
forced to go out of the City of Delray Beach in an attempt to obtain the
insurance, although every attempt will be made to keep the business in
the City of Delray Beach. Mr. Siver stated the insurance industry is in
%he worst state of its history. He explained the background of the problem.
]{e stated government business is considered to be marginal and the com-
panies have instructions not to accept marginal business. He suggested
Council consider this an emergency and depart from bidding procedures; he
suggested authorization of direct negotiation. Mr. Siver said he felt
the complete procedure could not be accomplished by April 1, 1976. He
then further explained the alternatives. Mr. Siver, Mr. Galloway and
Mr. Weber agreed to proceed to negotiate with several companies ~nd contact
the City Manager as soon as they have a contract to present. Part of
the increase in the insurance rates will be paid out of the City budget
and the balance will have to be budgeted in next year's budget.
6.a.1. Mr. Sanson asked the City Attorney to present a status report on the
investiqation and evaluation of the Police Department. The City Attornev
said he had copies of some of the reports Executive Management Services, Inc.
has submitted to other cities. These reports vary from 100 to 1~0 pages
each. The City Attorney stated it would.take several weeks to e~aluate
the reports. He requested additional time for such evaluation. Council
agreed to his request. -
6.b. Mr. Sanson attended the National League of Cities meeting held
~n Washington, D.C. He reported the main object of the conference was
the reenactment of revenue sharing. He met with several senators and
representatives from the Palm Beach County area. Mr. Sanson stated Con-
gressman Paul Rogers was not in favor of reenactment. Congressman Bafalis
and Senator Richard Stone were in favor of it. Mr. Sanson stated there
is a possibility that the revenue sharing will not be reenacted, ~ut -
extended for several years and then dropped. He requested the City Attor-
ney to prepare a resolution supporting the reenactment of Federal revenue
sharing; if not reenactment, then requesting an extension. It was sug-
gested that the resolution contain the names of the people to whom copies
of the resolution should be sent. Council agreed with this action. Mr.
Sanson also stated he had talked with HUD officials regarding the Stewart
.Arms Apartments and their Officials are looking favorably to granting the
application for the Housing Authority to take over.
6.c. The City Manager reported the following quotations have been
received by the City for selling the City one 1/2 ton pick-up truck
for use in the Engineering Department:
Bidder Bid
Jack Nicklaus Pontiac $3,985.47
Delray Beach
Earl Wallace Ford 4,097.33
Delray Beach
3-22-76.
The City Manager recommended that the purchase be made from
the low bidder, Jack Nicklaus Pontiac, in the amount of $3,985.47.
Funds for this purchase are provided in the current budget. Mr. Gent
moved that the bid be awarded to Jack Nicklaus Pontiac in the amount
of $3,985.47 with funds to come from the current budget, seconded by
Mr. Randolph. The motion passed unanimously.
6.d. The City Manager presented the proposed agreement between the
City and the Department of Transportation for the mini-park developments
located at West Atlantic Avenue and 1-95. The land is owned by the State
and the development will cost approximately $100,000. The entire cost,
with the exception of the proposed playground equipment and the mainten-
ance of the parks will be paid by the State. It is estimated that the
maintenance cost will be approximately $8,600 which will be borne by the
City. The City will also purchase the playground equipment. The agree-
ment is for a 40 year period. Present city insurance coverage will cover
the required insurance by attaching a rider. Approximately two and one-
half acres will be involved in the parks. Mr. Randolph moved to authorize
entering into the agreement with the Department of Transportation for the
development of the parks, seconded by Mr. Gent, said motion passing
unanimously.
6.e. The City Manager presented a report on the proposed authoriza-
tion of employing a professional union negotiator. This matter was
discussed at the March 15th Council workshop meeting. The City Manager
recommended that Council authorize him to employ Mr. Paul Pothin as a
professional union negotiator in such instances as he deems advisable.
The cost to the City would be as follows:
Compensation - $275 per day (~ncluding time at the
negotiating table, preparing for negotiations
and consultations in connection therewith) i
Expenses - Reasonable travel expenses (including
transportation, meals and lodging when needed)
The City Manager suggested that Council place a $1,500 cap on
the authorization (without further Council approval). He stated the
City is now negotiating with the Palm Beach County Police Benevolent
Association and it would be his intention to use Mr. Pothin in ~hese
negotiations. Mr. Sanson moved that Council authorize.the City Manager
to retain Mr. Paul Pothin as a professional union negotiator for the
City, seconded by Mr. Gent, said motion passing unanimously.
6.f. The City Manager made a report to Council regarding the bids
received by the City for a construction contract for water main extension
on Atlantic Avenue and Barwick Road. The City Manager read the following
bids for the project:
Bidder Bid No. Days
A M & J Corp. $130,816.00 ~50
American Consolidated, Inc. 110,746.40 120
Asphalt Paving Co. of Fla. 99,079.50 180
Barile Excavating & Pipe-
line Co., Inc. 104,210.00 90
Belvedere Construction Co. 109,760.20 90
Florida Utility Contractors 98,507.50 150
Intercounty Construction
Corp. %08,398.90 120
James A. Porter Co.. 1'06,836.00 120
Webb General Contracting
'Corp. 146,241.50 180
The City Manager recommended that the bid of Florida Utility
Contractors, Inc., in the amount of $98,507.50 and work completion time
of 150 days, be accepted as the low bid and that the contract for con-
struction of this ~,roject be authorized for execution upon satisfaction
of funding and other requirements as set forth in the Water Service
Agreement dated March 3, 1976 between the City of Delray Beach and
Delray Square Associates, Ltd. Mr. Sanson so moved, seconded by Mr.
Randolph. The motion passed unanimously.
--3--
3-22-76.
7.a. The City Manager stated formal action should be taken by
Council on an application for a Certificate of Public Convenience and
Necessity from Mr. Joseph Kover d/b/a Smokey, Inc. for a new taxicab
company to operate within the City. This action was withheld at the
regular Council meeting on March 8th and referred to workshop for further
discussion. A report on the operations of taxicab companies in the City
was~given by the City Manager at the workshop meeting held on March 15th.
The City Manager reported the Building Inspector and Acting City Attorney
did not have a status report on the alleged bankruptcy of Delray Beach
Taxi. After discussion, Mrs. Krivos moved to grant a Certificate of
Public Convenience and Necessity for three taxicabs in the City of Delray
Beach, seconded by Mr. Gent. The motion passed unanimously.
8.a. The City Manager presented Resolution No. 9-76. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING AND ADOPTING
A COMPREHENSIVE MASTER PLAN FOR THE CITY OF DELRAY
BEACH; PROVIDING FOR AMENDMENTS TO THE COMPREHENSIVE
MASTER PLAN IN ACCORDANCE WITH THE PROVISIONS OF
SPECIAL LEGISLATION (PALM BEACH COUNTY AREA PLANNING
BOARD ACT - HOUSE BILL NO. 2797), REQUIRING COMPRE-
HENSIVE PLANNING BY LOCAL GOVERNMENTAL UNITS IN
PALM BEACH COUNTY.
(Copy of Resolution No. 9-76 is attached to the official copy
of these minutes.)
Mr. Serafin Leal, the 701 Planning Consultant for the City,
made a presentation on the Master Plan. Mr. Sanson moved for the
adoption of Resolution No. 9-76, seconded by Mr. Randolph. Upo~ roll
call, Council voted as follows: Mr. Gent - Yes, with the except,ion of
Section 1, Item (1) Capital Improvement Program; Mrs. Krivos - Yes; Mr.
Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion
passed with a vote of 5 to 0 with Mr. Gent voicing an exception to one
item.
8.b. The City Manager presented Resolution No. 14-76.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~
DELRAY BEACH, FLORIDA, VACATTNG AND ABANDONING
THE NORTH-SOUTH ALLEY WHICH ABUTS LOTS 1 THROUGH
12, BLOCK 2, REPLAT OF IDA LAKE TERRACE, LYING
WEST OF N.W. 3RD AVENUE BETWEEN N.W. 12TH STREET
AND N.W. llTH STREET, SAID ABANDONMENT BEING
SUBJECT TO THE RETENTION OF THE ENTIRE 16 FEET
AS A UTILITY EASEMENT.
(Copy of Resolution No. 14-76 is attached to the official copy
of these minutes.)
Mrs. Krivos moved for the adoption of Resolution No. 14'76,
seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr.
Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0.
8.c. The City Manager presented Resolution No. 15-761
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID
CITY; SETTI~G OUT ACTUAL COSTS INCURRED BY SAID
CITY TO ACCOMpLIsH SUCH ABATEMENT AND LEVYING THE .~
COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING
SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT
AS SHOWN BY REPORT ~F THE CITY MANAGER OF DELRAY BEACH,
FLORIDA.
(Copy of Resolution No. 15-76 is attached to the official copy
of these minutes.)
-4-
3-22-76.
'Mrs.'-Kri~6S mOved for adoption of Resoiution NO: 15-76,
'seconded by Mr. Randolph. Upon roll call, Council voted as follows:
Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote.
8.d. The City Manager presented Ordinance No. 1-76.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING THAT
PORTION OF THE NORTHEAST QUARTER OF LOT 13 OF THE
MODEL LAND COMPANY'S SUBDIVISION IN SECTION 20,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, SAID PROPERTY
BEING LOCATED AT THE SOUTHWEST CORNER OF SWINTON
AVENUE AND S.W. 10TH STREET, IN R-lA SINGLE FAMILY
DWELLING DISTRICT AND ~4ENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1972"
The City Attorney stated he had checked the deeds the City
had accepted regarding the property originally deeded to the City by
Mr. Nowlin and Mr. and Mrs. T. P. Wyatt. The legal descriptions on the
deeds do not coincide with the legal descriptions as shown in the Ordi-
nance. He requested that the matter be tabled until he could resolve
the differences that appear in the legal descriptions. He further
stated Mr. Nowlin had agreed to tabling the item. Mr. Randolph moved to
table Ordinance No. 1-76, seconded by Mr. Gent. Upon roll call, Council
voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes;
Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0
vote.
8.e. The City Manager presented Ordinance No. 6-76.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING CHAPTER 29 "ZONING
CODE" OF THE CITY OF DELRAY BEACH AND ADOPTING A
NEW ZONING CODE AS SET FORTH HEREIN ADOPTING BY
REFERENCE AN OFFICIAL ZONING MAP PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT THEREOF; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FURTHER FOR THE
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE,
AND FOR OTHER PURPOSES. ~
(Copy of Ordinance No. 6-76 is attached to the official copy
of these minutes.)
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.
There being no objections, the Public Hearing was closed. Mr. Gent moved
for the passage of Ordinance No. 6-76 on second and final reading,
seconded by Mr. Randolph. Upon roll call, Council voted as follows:
Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0.
8.f. The City Manager presented Ordinance No. 8-76.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH LOTS 9 AND 14, LAKE SHORE ESTATES,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING
FOR THE ZONING THEREOF.
(Copy of Ordinance No. 8-76 is attached to the official copy
of these minutes.)
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.
3-22-76.
There being, no objections, the Public Hearing was closed. Mr. Sanson
moved for the passage of Ordinance No. 8-76 on second and final reading,
seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr.
Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0.
8.~. The City Manager presented Ordinance No. 9-76.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING DELRAY
BEACH HIGHLANDS SUBDIVISION, LYING IN THE SOUTHEAST
QUARTER OF SECTION 19, TOWNSHIP 46 SOU~H, RANGE 43
EAST, PALM BEACH COUNTY. THIS PROPERTY IS LOCATED
SOUTH OF LOWSON BOULEVARD, NORTH OF LINTON BOULEVARD,
WEST OF CONGRESS AVENUE, AND EAST OF THE E-4 CANAL,
IN THE CITY OF DELRAY BEACH, FLORIDA, IN "R-lA SINGLE
FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1972".
The City Manager reported Council, at its March 8th meeting,
directed the City Attorney to prepare an ordinance effecting the rezoning
as recommended by the Planning and Zoning Board. Mrs. Krivos moved for
the adoption of Ordinance No. 9-76 on first reading, seconded by Mr.
Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs.
Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley -
Yes. The motion passed with a vote of 5 to 0'.
8.h. The City Manager presented Emergency Ordinance No. 10-76.
AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE
USE OF THE STREETS AND HIGHWAYS OF THE CITY OF DELRAY
BEACH; CREATING AND DEFINING PARKING ZONES; PROVIDING
FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES; PRO-
VIDING FOR THE INSTALLATION OF PARKING SIGNS; PRESCRIBING
PARKING TIME LIMITS; REPEALING CONFLICTING ORDINANCES;
PROVIDING FOR THE ENFORCEMENT THEREOF; DESCRIBING
OFFENSES AND PRESCRIBING PENALTIES; PROVIDING THAT
INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF
THE REMAINDER.
The City Attorney explained the areas involved in the two-hour
parking limitation. He stated in addition to the areas to be restricted
by the City Council initially, the Downtown Development Authority has
requested and Council has approved that the parking restriction also
apply to the Downtown Development Authority property which was formerly
the Delray Art Center. A lease is presently being prepared for
the execution of both the Downtown Development Authority and the City so
that the City will be in a position to enforce these restrictions on this
property. This property is not included in this ordinance. The City
Attorney's office will prepare a regular ordinance encompassing both the
property to be restricted set forth in the Emergency Ordinance as well
as the Downtown Development Authority for regular passage by Council
at a later date. Ordinance No. 10-76 will be in effect for 120 days
from date of passage. Mr. Randolph moved for the passage of Emergency
'Ordinance No. 10-76 On first and final reading, seconded by Mr. Gent.
After discussion, Mr. Gent moved to amend the motion to include the park-
ing restrictions in the area on Venetian Drive from Atlantic Avenue to
Miramar Drive. Mr. Randolph accepted the amendment. Upon roll call,
Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Ran-
dolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed
with a vote of 5 to 0.
8.i. The City Manager presented Ordinance No. 11-76.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14A "GARBAGE
AND TRASH" OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY REPEALING SUBSECTION (2) OF SECTION
14A-8(a) AND SUBSTITUTING IN ITS PLACE A NEW SUB-
SECTION (2) AND ADDING A SUBSECTION (3); PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
--6--
3-22-76.
Mr. Gent moved for the adop%ion of Ordinance No. 11-76 on
~irst:reading, seconded bY Mrs. KriVos. Upon r°ll call, Council voted
~s follows: Mr. Gent Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes;
Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote
of 5 to 0.
9.a,b,c. The City Manager reported the Community Appearance Board at
a meeting held on March 10th recommended by unanimous vote that the
following three signs be approved by Council:
1 - New sign at Delray Automotive Supply, 298 N.E. 6th
Avenue, Delray Beach. The Board recommended that the
owner repaint the building covering the existing signs.
2 - New sign at Ocean City Lumber Company, Railroad Avenue,
with the following conditions~ reduce the three foot
letters by one-third and reduce both logos by one-third
and approve the letters as is on the south elevation.
3 - New sign at National Car Rental, 335 N.E. 6th Avenue,
with the following conditions: the lettering is to be
the same size and style as the present National Car Rental
lettering on the building.
Mr. Gent moved to approve the recommendations of the Community
Appearance Board on the above listed three i~ems with the conditions as
outlined for each, seconded by Mr. Randolph. The motion passed unanimous-
ly.
9.d. The City Manager reported the Planning and Zoning Board at a
meeting held on March 16th recommended by unanimous vote that a portion
of Phase I of the Sunflower Subdivision, Section 12-46-42, northeast
corner of the intersection of Lake Ida Road and Barwick Road be replatted.
Mr. Randolph moved to approve the replatting of a portion of Phase I of
the Sunflower Subdivision, seconded by Mr. Gent. The motion passed
unanimously.
10. The following Bills for Approval were approved on motion by
Mr. Randolph and seconded by Mr. Gent.
General Fund ............ ~365,501.91
Water and Sewer Fund ......... 54,087.48
Cigarette Tax Fund .......... 11,992.92
Utility Tax Fund ........... 20,000.00
Citizens Contribution Fund ...... 243.15
Federal Revenue Sharing Fund ..... 50,035.00
Upon roll call, Council voted as follows: Mr. Gent - Yes;
Mrs. Krivos - Yes, with the exception of Check No. 14144 payable to
Howell, Kirby and Montgomery in the amount of $5,070.02; Mr. Randolph -
Yes; Mr. Sanson - Yes, with the exception of Check No. 14144 in the
amount of $5,070.02; Mayor Scheifley - Yes. ~
Mr. Gent moved for the adjournment of the meeting, seconded by
Mr. Randolph. The motion passed unanimously.
The meeting was adjourned at 10:30 P.M.
City Clerk
APPRQ~%ED: ~
3-22-76.
88A
RESOLUTION NO. 9-76
A RESOLUTION OF TIlE CIa~f COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISItING AND ADOPTING
A COMPREHENSIVE MAS'£ER PLAN FOR TIlE CITY OF
DELFJ~Y BEACII; PROVIDING FOR ,~ENDMENTS TO TIlE
COMPREHENSIVE i~ASTER PLAN IN ACCORDAi~CE WITH THE
PROVISIONS OF SPECIAL LEGISLATION (PALM BEACH
COUNTY AREA PLAi~NING BOARD ACT - HOUSE BILL
lqO. 2797), REQUIRING COMPREHEi']SIVE PLAifNING BY
LOCAL GO~ERN~ZENTAL UNITS IN PALM BEACH COUNTY.
WHEREAS, municipal governments within the State of Florida have
powers of gover~ment as provided by general and special law; and
B~ERKAS, it is and will be expedient for good government, public
safety, and general welfare of the City of Delray Beach to establish and
adopt a Comprehensive Master Plan for the orderly development of the
City; and
WHEREAS, a Comprehensive Master Plan has been recommended by the
Planning and Zoning Board, and subsequently submitted to the City Council
for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach Comprehensive Master Plan,
consisting of the following elements, is hereby established and adopted:
(a)City Base Map, prepared by Robert E. Owen And Associates,
dated December 1975;
(b) Existing Land Use Analysis, prepared by Candeub, Fleissig And
Associates, dated December 1975;
(c)Physical Features, prepared by Bart, Dunlop And Associates,
dated October 1970;
(d)Population Study, prepared by Bart, Dunlop And Associates,
dated December 1970;
(e)Economic Analysis, prepared by Barr, Dunlop And Associates,
dated March 1971;
(f) Annexation Study, prepared .by Barr, Dunlop And Associates,
dated March 1971, and updated by the Area Planning Board,'
dated August 1975;
(g) Con~unity Facilities Plan, prepared by Barr, Dunlop And
Associates, dated February 1971;
(h)Housing Study, prepared by Barr, Dunlop And Associates,
dated March 1971;
(i) Transportation Study, prepared by Barr, Dunlop And Associates,
dated April 1971;
(j) Goals And Objectives,- prepared by Bart, Dunlop And Associates,
date~ October 1970, and updatcd by Candeub, F~eissig And
Associates, dated December 1975
(k)Future Land Use Plan, prepared by the City of Delray Beach,
dated August 1970;
(1) Capital Improvement Program, prepared by the City of Delray
Beach, dated October ].975;
(m) Zonin~3 Ordinance, prepared by the City of Delray Beach,
dated February 1976. This element will become Ordinance No. 6-76;
88B
(n) Updated Comprehensive Planning Elements, prepared by Candeub,
Fleissig And /~ssociates; includino~: (1) Updated existing land
use map, (2) Revised classifications on existing land use, (3)
Elaboration of comn~unity assets, (4) Status of water and sewer
master plan, (5) Goals, objectives or policies regarding
Community Facilities, (6) Elaboration of reconunendations regarding
land use, d. ated December 1975;
(o) Plan For Central Business District, prepared by Barr, Dunlop
And Associates, dated Novel~Der 1970;
(p) Beautification Program, prepared by Bart, Dunlop And Associates,
dated March 1971;
(q) Planning Procedures, prepared by Bart, Dunlop And Associates,
dated March 1971.
Section 2. The Comprehensive Master Plan shall mean the general
development plan of the City of Delray Beach, as herein adopted, setting
forth the general character of desired growth and development activity.
Section 3. This Resolution shall become' effective immediately upon
passage.
PASSED AA~ ADOPTED in regular session on this the 22nd day of~March,
1976. ;
ATTE ST:
City Clerk
88C
RESOLUTION NO. 14-76.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEL]LAY DEACI!, FLORIDA, VACATING AND ABANDONING
· TIIE NORTI'I-SOUTH ALLEY WtlICH ABUTS LOTS 1 TIIROUGH
12, BLOCK 2, REPLAT OF IDA LAKE TERRACE, LYING
WEST OF N.W. 3RD AVENUE BETWEEN N.W. 12TiI STREET
AND N.W. llTI! STREET, SAID ABANDONMENT BEING ..
SUBJECT TO THE RETENTION OF THE ENTIRE 16 FEET
AS A UTILITY EASEMENT.
WHEREAS, the City of Delray Beach, Flcz'ida, Engineering Department
and the Planning and Zoning Board recommends that the following alley be
abandoned with the entire 16 feet being retained as a utility easement,
being the north-south alley abutting Lots 1 - 12, Block 2, Replat of Ida
Lake Terrace; and,
WHEREAS, the City Council of the City"of Delray Beach deems it to
be in the best interest of the City of Delray Beach to abandon said north-
south 16 foot alley,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That pursuant to Section seven (7), paragraph three (3),
of the Charter of the City of Delray Beach, Florida, it is hereby determined
to vacate and abandon the following alley: ,
The North-South 16 foot alley abutting Lots
1 through 12, Block 2, Replat of Ida Lake Terrace,
as recorded in Plat Book 22, Page 39, of the Public
Records of Palm Beach County, Florida.
The North-South 16 foot alley is located between
N.W. 12th Street and N.W. llth Street and lies west
of N.W. 3rd Avenue, Delray Beach, Florida.
SECTION 2. That the abandonment o~ the North-South 16 foot alley
as described in Section 1 be effected subject to the retention of the
entire 16 feet as a utility easement.
PASSED AND ADOPTED in regular session on this the 22nd day of March,
1976.
ATTEST:
City Clerk
88D
RESO1,UrI~ION HO. 15-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LANDS LOCATED WITHIN SAID CITY: SETT][~G OUT ACTUAL COSTS IN-
CURRED BY SAID CITY TO ACCO[~4PLISH SUCH ABATEN~]NT AND LEVYING
THE COST OF SUCH ABATEMEN'f OF SAID NUISANCES, AND DECLARING
SAID LEVY TO DE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS
SHOWN BY REPORT OF THE CITY MANAGER aP DELRAY BEACH, FLORIDA.
WHEREAS, %he City Council of ~he City of Delray Beach, did, in
~re~ular. ~ad,,~,r session held on the ~~d~~ober
declare the existence of a nuisance
upon certain lots or parcels of land, described in ~ lis% submitted
them, for violation of the provisions of Ordinance No. G-147;
WHEREAS, pursuant to such declaration, the City Clerk of said City
did furnish e~ch of the respective owners of the lands described in
said list with a notice describing the nature of the nuisance and that
they must abate said nuisance within thirty (30) days, failing in which
the City Council would have it done, and the cost thereof would be
levied as an assessment against said property; and
WHEREAS, the o~ers hereinafter named did fail and neglect %o abate
the nuisance existing upon their respective lands within the time pre-
scribed in said notice and Ordinance G-147, and the City of Delray
Beach was required to and did enter upon the following lands and incur
costs in abating the nuisance existing thereon as described in the
aforesaid list; and
?~EREAS, the City Manager of the City of Delray Beach, has, pursuant
to said Ordinance G-147 and the City Charter submitted to the Cit~ Coun-
cil a report of the costs incurred in abating the nuisance as aforesaid,
said report indicating the costs per parcel of land involved.'
NOW, THEREFORE, BE IT RESOLED BY THE CITY COUNCIL OF THE CITY OF
DEL~Y BEACH, FLORIDA, AS FOLLO~.?S:
1. That assessments in the individual amounts as sho%.~ by the
of the City Manager of the City of Delray Beach, involving the City's
cost of abating the aforesaid nuisances upon. the lots or p~rcels of
land described in said report, a copy of which is attached hereto and
made a part hereof, are levied against the psrcels of land described on
said report and in the amounts indicated thereon. Said assessments so
levied shall be a lien upon the respective lots and parcels of land de-
scribed in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
mnnner and with the same penalties and under the same provisions as to
sale and foreclosure as'city taxes a~e collectible.
2. That the City Clerk of said City shall, as soon as possible after
the effective date, record a certified copy of this resolution in the
office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, and shall furnish to each of the owners named in .~nd upon said
report a notice that the City Council of the City of Delray Beach, did,
on the __~3th day of OctQ~~5 .....
order the abatement of a certain nuisance existing on their described
property and property owner having failed to 'abate such nuisance, with-
in the 30 day'~eriod, whereupon it was abated by the City at costs
shown in said report and such assessments shall be legal, valid and
binding obligations upon the pi~operty against which said assessments
are levied. This resolution shall become effective 30 dny.~ from the
date of adoptioh, nnd tho assessments contained herein shall become due
and payable thirty days after the mailing d~tc of the notice of said
assessment, after which interest shall accrue at the rate of 6~ per
annum on any unpaid portion thereof.
PASSED AND I%DOPTI~D ill ~q~a~ session on the .~ da,y of
88E
ORDINANCE NO. 6-76.
AN ORDINANCE OF TilE CITY COUNCIL OF TIlE CITY OF
DELRAY BEACH, FLORIDA, REPEALING CHAPTER 29 "ZONING
CODE" OF Tile CITY OF DELRAY EEACII AND ADOPTING A
NEW ZONING CODE AS SET FORTH HEREIN ADOPTING BY
REFERENCE AN OFFICIAL ZONING MAP PROVIDING FOR TIlE
ADMINISTI~TION AND ENFORCEMENT THEREOF; PROVIDING
A SEVERAEILITY CLAUSE; PROVIDING FURTI1ER FOR THE
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE,
AND FOR OTItER PURPOSES.
WHEREAS, the adoption of these zoning regulations are designed to
lessen congestion in the streets; to secure safety from fire, panic and
other dangers; to promote health and the general welfare; to provide ade-
quate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public require-
ments and to take into consideration, among other things, the character
of the district and its peculiar suitability for particular uses, and with
a view to conserving the value of buildings and encouraging the most
appropriate use of land throughout Delray Be~ch; and,
WHEREAS, the City Council of the City of Delray Beach, deems it to
be in the best interests of the City of Delray Beach to adopt these regu-
lations to promote the health, safety, morals and general welfare of
the inhabitants of the City and to promote the orderly growth and develop-
ment of the City,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the existing Chapter 29 "Zoning Code" of the City
of Delray .Beach, Florida, is hereby repealed and the Zoning Code esta-
blished herein shall be substituted therefor. The document attached
hereto entitled "Zoning Ordinance, City of Delray Beach, February, 1976"
is hereby made a part hereof.
Section 2. If any section, subsection, sentence, clause, phrase,
or portion of this ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Section 3. Authority is hereby given to codify this ordinance as
part of the Code of Ordinances of the City of Delray Beach, Florida.
Section 4. This ordinance shall become effective when passed and
adopted on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 22nd day of March , 1976.
ATTEST:
city Clerk
First Reading I.e] run~2y 23, ].976
Second ]{cad i. ng M n )~il.] k_P~._.2~__~ J ) 76
88F
!Delray Beach
ORDINANCE NO. 8-76
AN ORDINANCE OF TIlE CITY COUNCIL'.OF TIlE CITY OF DELRAY BEAClt,
FLORIDA, ANNEXII~G TO TIlE CITY OF DELI'OIY BEACtI LOTS 9 & 14,
-LAKE SI[ORE ESTATES, WIIICII IJIND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING TIlE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR TIlE RIGtlTS AND
OBLIGATIONS OF SAID LAND; AND PROVIDING FOR TIlE ZONING TtlEREOF.
WIlEREAS, ~. L. F. R. BELLOWS is tile fee simple owner of the property
hereinafter described; and, -
WItEREAS, Mr. L. F. R. BELLOWS, by his petition, has consented and given
permission for the annexation of said property by the City of Delray Beach';
and,
WHEREAS, the City of De!ray Beach has heretofore been authorized to
annex lands in accordance with Section 185.1 of the City Charter of said
City granted to it by the State of Florida,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T}LE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach, Palm
Beach County, Florida, hereby annexes to said City the following described
tract of land located in Palm Beach County, Florida, which lies contiguous
to said City, to-wit:
Lots 9 & 14, Lake Shore Estates, according to the ~
Plat thereof, as recorded in Plat Book 25, Page 26
of the Public Records of Palm Beach County, Florida.
SECTION 2. That the Boundaries of the City of Delray Beach, Florida,
are hereby redefined so as to include therein the above described tract of
land and said land is hereby declared to be within the corporate limits of
the City of Delray Beach, Florida.
SECTION 3. That the tract, of land herainabove described is hereby
declared to be in Zonin9' District R-1AA, as defined by existing ordinances
of the City of Delray Beach, Florida.
SECTION 4. That the land hereinabove described Shall in,mediately become
subject to all of the franchises, privileges, immunities, debts, obligations,
liabilities, ordinances and laws to which lands in the City of Delray Beach
are now or may be subjected and persons residing thereon shall be deemed
citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or part 'of this -
ordinance shall be declared illegal by a Court of competent jurisdiction,
such record of illegality shall in no way affect the remaining portion.
PASSED AND ADOPTED in regular session on the second and final reading
ATTEST: ' ' M ~ R
First Reading February 2~, 1976 _ __
Second Reading March 22, 1976 .