05-12-75 MAY 12, 1975
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,
May 12, 1975, with Mayor James H. Scheifley presiding, and City Manager
J. Eldon Mariott, City Attorney Roger Saberson, Council members Andrew
M. Gent, David E. Randolph and Ron I. Sanson, IV, present. Vice-Mayor
Grace S. Krivos was absent.
1. The opening prayer was delivered by Rev. Mary Kupferle of
~hity Church of Delray.
2. The Pledge of Allegiance to the Flag of the United States of
~erica was giVen.
3. The minutes of the regular meeting of April 28, 1975, were
U~animously approved on motion by Mr. Randolph and seconded by Mr. Gent.
Mr. Sanson requested the following correction: Item ~.b. pursuant to
Resolution No. 26-75 should have the following sentence deleted - "The
resolution is withdrawing the City's application for State approval
of the City's local option PERC Ordinance".
4.a. 5~. Gent moved that the City Administration be authorized to
codify Chapter 29 "Zoning" of the City's Code of Ordinances, seconded
by Mr. Sanson with an amendment that the Council members be supplied
with a copy of the codified Chapter 29, said motion passing unanimously.
4.b. Mr. Sanson stated he would support Mr. Randolph's effort to
change the name of Boca Raton High School in the form of a Resolution.
Mr. Randolph stated he believed such a change would help to alleviate
some of the problems in the Boca Raton area partially created by the
busing of youn~ Deople from Delray Beach. He explained he felt the
· ~~~ basis than eh~ ~am~ ~ca Raton
situation requmres amcre
High School implies. Mr. Randolph moved the City Attorney be directed
to prepare a resolution supporting the efforts of parents to change the
names of the two schools involved, Boca 14iddle School and Boca Raton
High. School, seconded by Mr. Sanson. Mr. Gent stated he supported ~.
Randolph in his efforts and intent, but he felt this action was going
much beyond Council's governmental authority and he would resent Boca
Raton's Council coming to this City to tell Delray Beach they wished a
similar action taken. Upon roll call, Council voted as follows: Mr.
Gent - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes.
4'.c. Mr. Sanson reported several members of the Women's Club in
Delray Beach had approached him concerning the problems they are having
with the contractor they have engaged and the fact that a building permit
was .not acquired. Mr. Sanson stated he had been informed by representa-
tives of the Women's Club that the Building Department had informed them
it was their responsibility to obtain a building permit and not the
responsibility of the contractor. The City Attorney reported a licensed
contractor is responsible for. procuring permits on a given job. He also
reported there is a joint responsibility for determining that a building
permit has been obtained. The City Manager explained the matter and
stated any lawsuit in which the Women's Club is involved is outside the
purview of the City. Mr. Roy Reid has informed representatives of the
Women's Club he is turning the matter over to the office of the State
Licensing Bureau. Mr. Sanson asked that the services of the City Attorney
in a consulting capacity be offered to the representatives of the Women's
Club. Council agreed to this action.
4.d. Mr. Sanson reported a letter from Mr. Ken Boerner of the
Beautification Committee was directed to the City Manager asking that
a landscape manual be added to the Code of Ordinances to provide an
illustrative interpretation and standards of landscaping. He requested
this be scheduled for workshop. The City Manager replied it was
scheduled.
4.e. Mr. Sanson referred to the last Council meeting when Mrs.
Ne~tie Durante of Imperial Villas complained about the condition of
her driveway. He stated he had visited Mrs. Durante and showed Council
the pieces of asphalt he picked up when he turned his tires in the
driveway. Mr. Sanson stated he did not understand why the City could
not give the people in Imperial Villas some relief from the inferior
work performed by Mr. Donner. The City Manager reported on the back-
ground of the correspondence with the attorney for Mr. Donner and on
the advice of the City Attorney. He stated the attorney for Mr. Donner,
Mr. Katz, has elected not to talk with the department heads of the City.
Mr. Katz has not been in touch with the City Attorney. The City Attorney
stated he had suggested to the City Manager that the attorney for Mr.
Donner be advised that he was welcome to examine the records of any
d~partment in the City and to speak with any department head. Mayor
Scheifley asked what the status was of the intent of the City to change
the requirements for private streets to correspond with the requirements
for public streets. The City Attorney replied this has already been
prepared and is scheduled to appear before the Planning and Zoning Board
and the City Council.
4.f. Mr. Sanson requested that Council be informed as to where the
Beach Bond money (over $900,000) is and how it was invested. The City
Manager replied this would be done.
~L'g'L Mr. Sanson asked the City Attorney to give Council a report
on the municipal pool. The City Attorney replied he had received an
appraisal from Mr. Arthur Sprott on three properties: 1 - the city
pool property; 2 - the Gipper property; and 3 - the Arvilla property.
The appraisal is based upon the use of all three parcels as one parcel.
Proper~y Appraisal
City Pool $140,000
The Gipper 182,000
'~he Arviiia 21~,000
TOTAL' $538,000
Council will be provided with copies of the appraisal. Mr.
SansOn requested this be considered for workshop discussion. The City
Manager replied this will be automatically scheduled for workshop. The
City Attorney reported the heirs w~nt an appraisal of the total value
of their property and the value of their interest.
4.h. Mayor Scheifley requested a workshop meeting be called for
Wednesday afternoon, 3:00 P.M., May 14, 1975.
4.i. Mayor Scheifley reported legislative action in Tallahassee
on two items were not in favor of municipalities. House Bill 674 (abo-
lition of municipal courts) was heard in the House Judiciary Committee
and resulted in a vote of 8 to 5 in favor of the Bill. If the Legisla-
ture follows the recommendation of the Committee, all municipal courts
will be abolished. The other action was taken by the House Subcommittee
on Commerce and Labor dealing with collective bargaining. By a vote of
4 to 1, the bill will provide compulsory binding arbitration in collec-
tive bargaining impasses. The representatives voting for this action
were Representatives Lockward, Hill, Harrington and Healy.
4.j~. Mayor Scheifley read a Proclamation proclaiming the week of
May 11 through 18, 1975, as Juvenile Diabetes Week.
5.a. Mr. Tom IngersoiS, Arvilla Hotel, spoke concerning the apprai-
Sals on the property on the beach. He suggested Quit Claim Deeds be
forwarded to the heirs with the appraisals so they may elect to act upon
them at the earliest possible moment. The City Attorney reported the
only heir he could contact would not furnish the names and addresses of
the other heirs until he received the appraisal. It was decided to send
a blank Quit Claim Deed with the appraisal to inform the heirs as to
what the City required.
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5-12-75.
·
5.b. Mrs. Nettie Durante, 2750 Ponce de Leon Boulevard, Delray
Beach, asked what she should do about her driveway. The City Attorney
informed Mrs. Durante that she had the option of taking the developer
to court. She then asked what the requirements were for the issuance
of a General Contractor's license. This was explained by the City
Attorney. Mayor Scheifley suggested that Mrs. Durante see Mrs. Alice
Skaggs prior to filing suit.
6.a. The City Manager presented Ordinance No. 21-75.
AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF
DELRAY BEACtt, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN L~D, NAMELY PORTIONS OF LoTS
33 AND 34, DELRAY BEACH SHORES, WHICH LAND IS CON-
TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SLID CITY TO INCLUDE
SAID 'L~D; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; AND PROVIDING FOR T~ ZONING THEreOF.
The City Manager ~eported this ordinance would annex portion~
of Lots 33 and 34, Delray Beach Shores, into the City subject to R-1AA
zoning. The City Manager read the caption of the ordinance. Mr. Gent
moved that City Council pass on first reading Ordinance No. 21-75,
seconded by ~. Randolph. Upon roll call, Council voted as follows:
Mr. Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayo~ Scheifley -
Yes.
6.b. The City Manager reported Council passed a motion April ~Sth
requesting the County to rezone several properties located in the County
to specific zoning classifications. Parcel No. 27 was eliminated from
that list. The County is presently considering rezoning Parcel No. 27
from CG - General Commercial to IL - Light Industrial. The Planning
and Zoning Board has reco~mended by unanimous vote at its ~4ay 6~h meeting
that City Council take action opposing the zoning change now under con-
it presently is - CG General Co~u~ercial. Mr. Gent ~oYed tha!_, City
Council direct the City Manager to send a communication to the Palm
Beach County Planning Commission and the Palm Beach County Board of
Commissioners reaffirming the letter of May 2, 1975, stating that Parcel
No. 27 should have no change in zoning, seconded by Mr. Sanson, said
motion passing unanimously.
6.c. City Manager Mariott reported Council has informally agreed
to pay $25,000 from the $5,000,000 Water and Sewer Revenue Bond issue
to the South Central Regional Wastewater Treatment and Disposal Board.
This is as provided by the Delray Beach - Boynton Beach Interlocal
Agreement. Mr. Randolph moved the City of Delray Beach authorize the
payment of $25,000 to the South Central Regional Wastewater Treatment
and Disposal Board with money to come from the $5,000,000 Water and
Sewer Revenue Fund, seconded by Mr. Gent, said motion passing unanimously.
6.d. Mrs. Charlotte Durante of the Visiting Nurse Association
presented a Special Recognition Award to the City of Delray Beach in
appreciation of the City's assistance to this organization in compre-
hensive kome health care. Mayor Scheifley thanked Mrs. Durante for the
award and for her civic contributions to the City in the last several years.
7.a. The City Manager presented a Resolution from the Downtown
bevelopment Authority urging the early commencement and completion of
the S.E. First Street railroad crossing from the proceeds of the $600,000
bond issue rather than waiting a period of several years for funding
from other sources. The City Manager stated it would cost approximately
$125,000 to complete this crossing. Mr. Sanson moved that Council give
an affirmative reaction to the resolution to the Delray Beach Downtown
.Devel~pmqnt Authority urging the commencement and completion of S.E.
1st Street crossing, seconded by Mr. Gent, said motion passing unani-
mously.
7.b. The City Manager reported a request has been received that
the zoning on 1.09 acres on the west side of Congress Avenue between
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5-12-75.
Atlantic Avenue and Lake Ida Road be changed from RM-15 (Multiple
Family) Dwelling to LI (Light Industrial). It is recommended the
request be referred to the Planning and Zoning Board for study and
recommendation. ~. Gent moved the request for the rezoning of 1.09
acres on the west side of Congress Avenue between Atlantic Avenue and
Lake Ida Road from RM-15 (Multiple Family) to LI (Light Industrial)
be referred to the Planning and Zoning Board for study and recommenda-
tion, seconded by ~. Randolph,'said motion passing unanimously.
7.c. City Manager Mariott reported a request has been received
that the zoning on 3.83 acres on the west side of Congress Avenue
between Atlantic Avenue and Lake Ida Road be changed from RM-15 (Multi-
ple Family Dwelling to LI (Light Industrial) District. The applicant
is Mr. Leo A. Blair. It is recommended the request be referred to the
Planning and Zoning Board for study and recommendation. Mr. Randolph
so moved, seconded by Mr. Gent, said motion passing unanimously.
7.d. The City Manager reported Mr. Robert Teague, Program Director
of the South County Mental Health Center, has requested that the zoning
ordinance be modified to include Half-way Houses and Board and Care
Homes as permitted uses in the C-1 (Limited Commercial) zoning classi-
fication. It is recommended the request be referred to the Planning
and Zoning Board for study and recommendation. Mr. Gent so moved,
seconded by Mr. Sanson, said motion passing unanimously.
7.e. The City Manager stated a request has been received that the
City abandon right-of-way and easement located along the West 5 feet
of the North 57.75 feet of Lot 1, Nassau Park Subdivision, owned by
Mrs. Carolyn K. Cunningham. It is recommended that the request be
referred to the Planning and Zoning Board for study and recommendation.
Mr. Gent so moved, seconded by Mr. Randolph, said motion passing
unanimously.
8.a. The City Manager presented Resolution No. 27-75.
....... ~,~ION OF .zH~ CITY COUNCIL OF THE CiTY OF
DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF
A CONTRACT TO FURNISH AND INSTALL 3-FOOT AND
6-FOOT CHAIN LINK FENCES AT THE PARKING LOT AND
LANDSCAPED AREA BEHIND T~{E BALL PARK AS SHOWN ON
THE MASTER PLAN OF TEEN TO~ PARK LOCATED AT N.W.
13TH AVENUE AND N.W. 2ND STREET, CITY OF DELRAY
B~ACH, FLORIDA, PREPARED BY THE CHARLES M. GRAVES
ORGANIZATION, PARKS AND RECREATION SPECIALISTS -
CONSULTANTS, ATLANTA, GEORGIA, - DRAWING DATED
MAY, 1973.
(Copy of Resolution No. 27-75 is attached to the official
copy of these minutes.)
The following bids have been received for furnishing and
installing fencing at the parking lot and landscaped area behind the
ball park of Teen Town:
Bidder Bid
Delray Fence Company $5,786.07
Delray Beach
Mario Auricchio Fence Division, Inc. 5,932.93
Plantation
Frank English .5,975.00
Delray Beach
Budget Fence Company 7,409.00
West Palm Beach
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5-12-75.
It is reconmlended that the contract be awarded to the low
bidder, Delray Fence Company, in the amount of $5,786.07 by passage
of Resolution No. 27-75. The funds will be taken from the Federal
Revenue Sharing Funds. Mr. Sanson moved that Resolution No. 27-75 be
adopted with the funds to come from the Federal Revenue Sharing Funds,
seconded by Mr. Randolph. Upon roll call, Council voted as follows:
Mr. Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley -
Yes.
8.b. The City Manager presented Resolution No. 28-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
THE NORTH-SOUTH SIXTEEN FOOT ALLEY LYING BETWEEN
LOTS 5 THROUGH 8 AND LOTS 13 THROUGH 16, BLOCK
46, TOWN OF DELRAY, PALM BEACH COUNTY, FLORIDA.
(Copy of Resolution No. 28-75 is attached to the official
copy of these minutes.)
The Planning and Zoning Board at a meeting held on April 22nd
recon~ended by unanimous vote that an alley adjacent to Lots 5, 6, 7, 8,
13, 14, 15, and 16, Block 46, located North of S.W. 2nd Street between
S.W. 3rd Avenue and S.W. 2nd Avenue be abandoned, subject to retention
of a utility easement. This was approved at the regular Council meeting
of April 28th. Mr. Randolph moved for the adoption of Resolution No.
28-75, seconded by Mr. Gent. Upon roll call, Council voted as follows:
Mr. Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley -
Yes.
8.c. The City Manager presented Ordinance No. 10-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
O~' ~HE CI'fY~S CODE
SECTION 29-3 BY ADDING DISTRICT BOUNDARY LINE REGU-
LATIONS PERTAINING TO COmmERCIAL AND INDUSTRIAL
DISTRICTS SETBACK REQUIREMENTS ~EN RESIDENTIAL
ZONING DISTRICTS ARE ADJACENT TO CO~4ERCIAL OR IN-
DUSTRIAL ZONING DISTRICTS; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITK; PRO-
VIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE.
(Copy of Ordinance No. 10-75 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. Randolph
moved for the passage of Ordinance No. 10-75 on second and final reading,
seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr.
Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes.
8.d. The City Manager presented Ordinance No. 11-75.
AN ORDINANCE OF THE CITY COUNCIL OF TtIE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CITY'S CODE OF ORDINANCES BY ~XiENDING SUB-
SECTION 29-6.'1 CC COMMUNITY COMMERCIAL DISTRICT AND
SUBSECTION 29-6.2 SC SPECIALIZED COMMERCIAL DISTRICT
BY DELETING ANY REFERENCE TO HOURS LIMITATIONS FOR
OPERATION OF BUSINESSES IN THESE DISTRICTS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SAVING CLAUSE.
(Copy of Ordinance No. 11-75 is attached to the official
copy of these minutes.)
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5-12-75.
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 adoption of Ordinance No. 11-75 on second and final reading,
seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr.
Gent - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mayor Scheifley - Yes.
The motion passed with a 3 to 1 ~vote.
8.e. The City Manager presented Ordinance Not 12-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BF~CH, FLORIDA, REZONING AND PLACING LOTS
t THROUGH 11, AND TRACT P, TROPIC PALMS SUBDIVI-
SION, AND TP~CT 4A OF REPLAT OF HIDDEN VALLEY,
SECTION 2, AN AREA LOCATED IN SECTIONS 29 AND 32,
TOWNSItIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF
LINDELL BOULEVARD, WEST OF THE FLORIDA EAST COAST
RAILROAD, NORTH.OF THE I~AKE WORTit DRAINAGE DIS-
TRICT C-15 CANAL, AND EAST OF AVOCET ROAD IN "~-10
MULTIPLE FAMILY DWELLING DISTRICT" AND ~4ENDING
"ZONING ~AP OF DELRAY BEACH, FLORIDA, 1972".
(Copy of Ordinance No. 12-75 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.
Sanson moved for the adoption of Ordinance No. 12-75 on second and final
reading, seconded by Mr. Gent. Upon roll call, Council voted as follows:
Mr. Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley -
Yes.
8.f. The City Manager presented Ordinance No. 20-75.
AN ORDINANCE PURSUANT TO T~ PROVISIONS OF ARTICLE
VIII, SECTION 2(b) OF THE 1968 FLORIDA CONSTITUTION
AND CHAPTER 73-129, LAWS OF FLORIDA, THE MUNICIPAL
HOME RULE POWERS ACT AND SECTION 447.022, FLORIDA
STATUTES, CHAPTER 74-100, LAWS OF FLORIDA; RELATING
TO LABOR, IMPLEmeNTING SECTION 6 OF ARTICLE I OF
THE CONSTITUTION OF THE STATE OF FLORIDA; PROVIDING
TO MUNICIPAL E[4PLOYEES THE RIGHT TO ORGANIZE AND
BARGAIN COLLECTIVELY AS TO TERMS AND CONDITIONS OF
EMPLOYMENT; PROVIDING METHOD OF BARGAINING PROCEDURE;
CREATING AND PROVIDING ADMINISTRATION BY THE DELRAY
BEACH PUBLIC EMPLOYEES RELATIONS COMMISSION;
PROVIDING FOR CITY COUNCIL REVIEW OF COMMISSION
RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES ~ND
EMPLOYERS; PROVIDING FOR AND CONDITIONS ON PAYROLL
DUES DEDUCTION; PROVIDING RULES AND PROCEDURES FOR
REGISTRATION, RECOGNITION AND CERTIFICATION OF EMPLOYEE
ORGANIZATIONS AND BARGAINING AGENTS; PROVIDING
PAYMENT OF FEES AND EXPENSES IN COLLECTIVE BARGAINING
PROCESS; PROVIDING GRIEVANCE PROCEDURES; PROVIDING
PROCEDURES FOR RESOLUTION OF IMPASSE; PROVIDING
FACTORS TO BE CONSIDERED BY THE SPECIAL MASTER;
PROVIDING FOR COMPENSATION AND RECORDS; ESTABLISHING
UNFAIR LABOR PRACTICES BY EMPLOYERS AND EMPLOYEE
ORGANIZATIONS; PROVIDING PROCEDURES TO RESOLVE
UNLAWFUL ACTIONS AND PRACTICES; ESTABLISHING
PENALTIES AND REMEDIES; PROVIDING INJUNCTIVE RELIEF;
PROVIDING EFFECT ON MERIT AND CIVIL SERVICE SYSTEMS
AND STATE AND LOCAL CONTROL OF SAME; ADOPTING THE
PROVISIONS OF ~447.023, FLORIDA STATUTES, AS A PART
HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONTINUED EFFECTIVENESS OF EXISTING AGREEMENTS;
PROVIDING AN EFFECTIVE DATE.
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The City Attorney reported this ordinance was in response to
the hearing that was held on Lakeland's local option. The ordinance has
been changed to comply with the State Law so that it reads almost verbatim
with the State Law with several minor changes. The repeal of the local
option is now pending before both houses of the Legislature. Mayor
Scheifley reported at the Palm Beach County Municipal League meeting in
Boynton Beach last Friday, it was brought out by Mr. George Frost that if
the local ordinance is passed, a bill is pending before the Legislature
which could grandfather in the PERC ordinances which have been passed
on a local level. Mr. Sanson pointed out that any pending application
would be allowed to be processed and if the applications are approved,
they could be grandfathered. The City Manager read the caption of the
ordinance. Mr. Gent moved for passage of Ordinance No. 20-75 on first
reading, seconded by Mr. Sanson. Upon roll call, Council voted as
follows: Mr. Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor
Scheifley - Yes.
9.a. The City Manager reported Mrs. Caldwell, the applicant on
Item 9.a. on the agenda, had contacted him requesting a postponement
on her application until a full Council is present on May 27, 1975.
Mayor Scheifley made several remarks concerning the item requesting
Council to give some consideration to creating 'another commercial esta-
blishment in a County pocket which would be a tax enclave. He stated
he felt the property should be annexed first and. then have Council
give consideration to rezoning. The City Attorney reported the applicant
could not annex since they do not abut city property. He stated the
1974 Annexation Act specifically states local rights-of-way cannot be
used as a basis for'establishing contiguity with the adjacent property
for annexation. Mayor Scheiflgy still felt this property ~s contiguous.
10. The following Bills for Approval were unanimously approved
o'~ motion by Mr. Sanson and seconded by Mr. Gent,
General Fund ............... $304,567 18
~ater and Sewer ~'und ........... 24,709.90
Special Assessmen~ Fund ......... 631.62
Cigarette Tax Fund ............ 2,000.00
Utility Tax Fund ............. 4,091.49
Refundable Deposits Fund ......... 28,674.00
Citizens Contribution Fund ........ 3,000.00
Improvement Trust Fund .......... 44.35
Beach Restoration Fund .......... 899,156.54
Federal Revenue Sharing Fund ....... 24,641.75
Lowson Blvd. W&S Project Fund ...... 404.61
The meeting was adjourned at 8:55 P.M.
City Clerk
APPROVED:
MAYOR
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5-12-75.
'RES6LUTION NO. 2'7-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACII, FLORIDA, AUTHORIZING NEGOTIATION OF
A CONTRACT TO FURNISH AND INSTALL 3-FOOT AND
6-FOOT CItAIN LINK FENCES AT THE PARKING LOT AND
LANDSCAPED AREA BE}IIND T}IE BALL PAtaK AS SHOWN ON
THE MASTER PLAN OF TEEN TOWN PARI< LOCATED AT N.W.
13TH AVENUE AND N.W. 2ND STREET¢ CITY OF DELRAY
BEACH, FLORIDA, PREPARED BY TIiE CItARLES M. GRAVES
ORGANIZATION, PAR/<S AND RECREATION SPECIALISTS -
CONSULTi-~NTS, ATLANTA, GEORGIA - DiLAWING DATED
~IAY, 1973
WHEREAS, it is the recommendation of the City Manager that the Council,
acting by authority of provisions of Section 78 of the City's Charter,
award a contract to furnish and install 3-foot and 6-foot chain link fences
at the parking lot and landscaped area behind the ball park as shown on the
Master Plan of Teen Town Park located at N.W. 13th Avenue and N.W. 2nd
Street, City of Delray Beach, Florida, prepared by the Charles M. Graves
'Organization, Parks and Recreation Specialists - Consultants, Atlanta,
G~orgia - Drawing dated May, 1973; and,
WHEREAS, of the four quotations requested, four were submitted in the
amount of:
Delray Fence Company $5,786.07
Deira¥ B~ch, Florida
Mario Auricchio Fence Division, Inc. $5,932.93
Plantation, Florida
Frank English $5,975.00
Fence Contractor
Delray Beach
Budget Fence Company $7,409.00
West Palm Beach
WHEREKS, the City Engineering Office Certifies the quoted prices-to
be reasonable and the City Manager recommends that the City of Delray
Beach enter into a contract with Delray Fence Company, Delray Beach, _
Florida, to furnish and install 3-foot and 6-foot chain link fences at th~
parking lot and landscaped area behind the ball park as shown on the Mast¢
Plan of Teen Town Park located at N.W. 13th Avenue and N.W. 2nd Street;
City of Delray Beach, Florida, prepared by the Charles M. Graves Organiza~,
tion, Parks and Recreation Specialists - Consultants, Atlanta, Georgia -
Drawing dated May, 1973, which company submitted the lowest quotation in
· the amount of $5,786.07; and,
WHEREAS,' it is the Council's opinion that the award of this contract
would be in the best interest of the City,
NOW, THEREFORE, BE IT RESO~,VED BY TI~E CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
90A
SECTION 1. That said contract to furnish and install 3-foot and
6-foot chain link fences at the parking lot and landscaped area behind
the ball park as shown on the Master Plan of Teen Town Park located at
N.W. 13th Avenue and N.W. 2nd Street, City of Delray Beach, Florida,
prepared by the Charles M. Graves Organization, Parks and Recreation
Specialists - Consultants, Atlanta, Georgia - Drawing dated May, 1973,
be awarded to Delray Fence Company, Delray Beach, Florida, in the amount
of $5,786.07.
SECTION 2. That this improvement shall be funded with money from the
?ederal Revenue Sharing Fund.
PASSED AND ADOPTED in regular session on this 12th- day of
1975.
ATTE ST:
City Clerk
Res. No. 27-75.
90B ;
RESOLUTION NO. 28-75.
'A RESOLUTION OF TIlE CITY. COUNCIL OF TIlE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
TIlE NORTII-SOUTII SIXTEEN FOOT AI.LEY LYING BETWEEN
LOTS 5 TIIROUGH 8 AND LOTS 13 THROUGIt 16, BLOCK
46, TO~ OF DELRAY, PA~4 BEACH COUNTY, FLORIDA.
WHEREAS, Lillian G. Mize, owner of Lots' 5, 6, 13 and 14, Block 46,
Town of Delray, as appears in Plat Book 1, Page 3, Public Records of
Palm Beach County, Florida, and Agnes Munnings, owner of Lots 7, 8, 15
and 16, Block 46, Town of Delray, as appears in Plat Book 1, Page ~,
Public Records of Palm Beach County, Florida, have petitioned the City
of Delray Beach for abandonment of the North-South 16 foot .alley lying
between Lots 5 through 8 and Lots 13 through 16, Block 46, Town of
Delray; and,
WHEREAS, this matter was referred to the Planning and Zoning Board
and after due consideration, they recommended that same be abandoned
subject to an easement over the existing 16 foot easement for utilities
and maintenance purposes; and,
WHEREAS, the City Council deems it to be in the best interest of
the City to abandon said North-South alley in Block 46, Town of Delray,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
I. That puzsuanh 'ho S~cLion Sev'~n (7), Pa~agzaph Three (3) of
the Charter for the City of Delray Beach, Florida~ it is hereby deter-
mined to vacate and abandon the following described right-of-way:
The North-Scuth sixteen foot alley lying between
Lots 5 through 8 and Lots 13 through 16, Block
46, Town of Delray, as appears in Plat Book 1,
Page 3, Public Records of Palm Beach County,
Florida, subject to an easement over the existing
-16 foot easement for utilities and maintenance
purPoses.
PASSED AND ADOPTED in regular session on this the 12th day of ~ay,
1975.
ATTEST: :
City Clerk
90C
ORDINANCE NO. 16-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA. AMENDING C[~PTER 29 "ZONING"
OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB-
SECTION 29-3 BY ADDING DISTRICT BOUNDARY LINE REGU-
LATIONS PERTAINING TO COMMERCIAL AND INDUSTRIAL
DISTRICTS'SETBACK REQUIREMENTS WI{EN RESIDENTIAL
ZONING DISTRICTS ARE ADJACENT TO CO~-~4ERCIAL OR IN-
DUSTRIAL ZONING DISTRICTS; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO-
VIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE.
WHEREAS, the Planning and Zoning Board has recommended adding Dis-
trict Boundary Line Regulations pertaining to commercial and industrial
districts setback requirements when residential zoning districts are
adjacent to commercial or industrial zoning districts; and,
WHEREAS, the City Administration concurs in said recommendation; and,
WHEREAS~, the City Council of the City of Delray' Beach, Florida, has
determined that such changes should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Sec. 29-3 of the Code of Ordinances of the City, as
amended, be further amended by adding the following subsection:
DISTRICT BOUNDARY LINE REGULATIONS
Where a commercial or industrial zoning district is adja-
'cent to a residential zoning district, the following
provisions shall apply: ·
(1) Where a commercial zoning district directly abuts a
residential zoning district without any division or
separator between them such as a street, alley, park,
railroad, waterway or other open public space, the commer-
cially zoned property shall provide a setback of not less
than twenty-five (25) feet adjacent to the residentially
zoned property. An unpierced masonry wall of not less
than six (6) feet in height and having both sides smoothly
finished, shall be located on the commercially zoned
property next to the property line. The wall may be sub-
stituted for a cyclone or similar fence providing a hedge
or an opaque screen of landscaping is placed on the commer-
cially zoned property along the fence. Such hedge or
planting shall.reach a height of six (6) feet within one
(1) year of planting.
(2) Where a conm~ercial zoning district is separated from
a residential zoning district by a street, alley, railroad
or waterway, no building or structure shall be placed
closer than fifty (50) feet to the residentially zoned
district. The commercial zoning district, in addition,
shall have a minimum thirty (30) foot building setback
measured from the property line in the con~ercially zoned
district. This shall be a landscaped yard which shall
have a hedge or an opaque screen at least'six (6) feet high
of trees and bushes placed inside the line of the landscaper
area furthest from the street so as to provide a screen
from the dividing street or alley.
90D
(3) Where an indus%rial zoning district directly abuts a
residential zoning district without any division such as a
dedicated and improved street, alley, }.}ark, railroad,
waterway, or public ¢}pen space, no building, structure or
storage yard shall be placed closer than fifty (50) feet
to ~the residentially zoned district. An unpierced masonry
wall not less than six (6) feet in height and having a
smooth finish on both sides shall be located inside the
boundary line of the industrially zoned'property. This 1,.
wall may bc substituted for a cyclone, or similar fence
riding a ]ledge or an opaq~]e screen of landscaping J.s pJ. ac~
along said fence. Such hedge or planting shall not be lc~
than five (5) feet, at time of planting, and shall have
attained a height of not less than six (6) feet one (1)
year after planting.
(4) .Wl~ere an indus-t, rial zoning district is separated from
residential zoning district by a street, al!ey~ railroad or
waterway, no building, s-tructure or storage yard shall be
placed closer than eighty (.80) feet to the residentially
zoned district. The industrial zoning district, in addi-
tion, shall have a minimum thirty (30) foot building set-
.back measured from the prepcrty line in the industrially
zoned district. This shall be a landscaped yard which
shall have a }ledge or an opaque screen at least six (6)
feet high of trees and b~]shes placed inside the line of the
landscaped area furthest from the street so as to provide
a screen frcm the dividing street or alley.
(5) Where a landscaped setback is required 'in ~u¼sectic. n
(a) Where the conmtcrcial or industrial property only
has access fron] the street separating it from the
residential property, no paving shall be permitted in
the landscaped setback, exce:}'6 for permissible drive-
ways or walkways leading to a structure. Such drive--.
ways and walkways shall ]De permitted only when general.
ly perpendicular to the property line.
(b) Where the co~unercial or industrial property has
access frcm a stree-t other than that separating it
from the resJ.dential property, no driveways or walk--
ways shall be permitted in the landscaped setback.
(c) Landscaped areas provided for above shall be
planted and maintained in lawn, shrubs, hedges and
trees and so arranged at all paved driveways or stree
intersections so as not to interfere with safe visi-
bility for vehicular traffic.
(d) The owner of the property shall be responsible fo~]
the maintenance of all landscaping in good condition
so as to present a neat, healthy, and orderly appear--
ance free of refuse and debris. All landscap.ed areas
shall be provided with a permanent irrigation system.
-- Section 2. That all ordinances or parts of ordinances in conflict
herewJ, th be and the same are hereby repealed.
Sect{on 3. That any person, firm or corporation violating any of
the provisions of Section 1 above, shall upon conviction, be punished as
provided in Section 1-6 of the Code of Ordinances of the City of Delray
Beach.
-2- Ord. No. 10-75.
90E
Section 4. That sh'ould any section or provision of this ordinance or
any portion thereof, any paragraph, sentence or word be declared by a court
of competent jurisdiction to be J.nvalid, such decision shall not affect the
validity of the remainder hereof .asa whole or part thereof other than the
part declared to be invalid.
PASSED AND ADOPTED in regular session on second and final reading
on this the ]2th day of May , 1975.
ATTEST:
City Clerk
First Reading April 14, 1975
Second Reading i~,[ay 12, 1975 .'
-3-
Ord. No. 10-75.
90F
ORDINANCE NO. 11-75.
AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CIU%PTER 29 "ZONING"
OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB-
SECTION 29-6.1 CC COMMUNITY COM~4ERCIAL DISTRICT AND
SUBSECTION 29-6.2 SC SPECIALIZE]) COMMERCIAL DISTRICT
BY DELETING ANY REFERENCE TO HOURS LIMITATIONS FOR
OPERATION OF BUSINESSES IN THESE DISTRICTS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
I~REWITH; PROVIDING A SAVING CLAUSE.
WHEREAS, the Planning and Zoning Board has recommended deleting any
reference to limitation of hours of operation for businesses located in
the CC Community Commercial District and the SC Specialized Commercial
District; and,
WHEREAS, the City Administration concurs in said recommendation; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, has
determined that such changes should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Sec. 29-6.1 of the Code of Ordinances of the City,
as amended, be further amended by deleting the following subparagraph
under (K) Special Regulations:
~2~ -N~ ~se ~h&l~ commence-sales7 ~r-retai~ ac~ivi~ies-
-ghan-l~:~0-m~dni~ht ~f-any-dmy7 exeeph-a~ ~the~w~se
-provided-in ~h~s-Csde.-
Section 2. That Sec. 29-6.2 of the Code of Ordinances of the City,
as amended, be further amended by deleting the following subparagraph
under (K) Special Regulations:
~2~ -Ns nsc shal~ commence-sales7 ~r-retai~ &c~ivi~ies-
-p~i~r-t~ 6:80-ArMv,-n~r-c~n~inue ~per~t~on ~a~e~
'-than ~2~08 miRn~ght-o~ any daM,-excep~ as-o~herwise-
-p~ovided ~n-this Sode~
Section 3. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed except that the removal of
hours limitations in the above referenced sections of the City's Zoning
Code is not meant to repeal hours limitations that have been passed by
the City Council which apply to specific businesses in these zoning
classifications.
Section 4. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof~
other than the part declared to be invalid.
PASSED AND ADOPTED in regular session on second and final reading
on this the 12th day of May. , 1975.
' - '"
" ~} City clerk
?irst Reading~pril ~. 1975'
ORDINANCE NO. 12-75.
A~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEAC!t, FLORIDa, REZONING AND PI~ACING LOTS
1 THROUGH 11, AND TRACT P, TROPIC PALMS SUBDIVI-
SION, AND TRACT 4A OF REPLAT OF HIDDEN VALLEY,
SECTION 2, AN AREA LOCATED IN SECTIONS 29 AND 32,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF
LINDELL BOULEVARD, WEST OF THE FLORIDA EAST COAST
RAILWAY, NORTH OF THE LAKE WORTH DRAINAGE DISTRICT
C-15 CANAL, AND EAST OF AVOCET ROAD IN "Pd~-10
MULTIPLE FA/~ILY DWELLING DISTRICT" AND AMENDING
"ZONING MAP OF DELP~AY BEACH, FLORIDA, 1972".
WHERF~AS, the Planning and Zoning Board has recommended rezoning and
placing land presently zoned RM-20 Multiple Family Dwelling District in
"P~-10 Multiple Family Dwelling District"; and,
WHEREAS, the City Administration concurs in said recommendation; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, has
determined that such change should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T}LE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section i. That the following described property in the City of
Delray Beach, Florida, is hereby rezoned and placed in the "RM-10 Multiple
Family Dwelling District" as defined by Chapter 29 of the Code of Ordi-
nances of the City of Delray Beach, .to-wit:
Lots 1 through 11, and Tract P~ TROPIC PALMS,
Plat No. 1, as recorded in Plat Book 25, Page
99, Public Records of Palm Beach County, Florida;
_and ~'ract 4A of REPLAT OF PORTION OF HIDDEN
· VALLEY, SECTION 2, as recorded in Plat Book 27,
Page 138, Public Records of Palm Beach County,
Flor ida.
This property is located south of Lindell Boule-
-yard, west of the Florida East Coast Railway,
north of the Lake Worth Drainage District Canal.
C-15, a~d east of Avocet Road.
Section 2. That the Planning Directors of said City shall, upon the
effective date of this ordinance, change the Zoning Map of Delray Beach,
Florida, to conform with the provisions of Section 1 hereof.
PASSED AND ADOPTED in regular session on second and final reading
on this the i2th day of May , 1975.
ATTEST:
City Clerk
First Reading. . April ...14, 1975 .......
Second Reading May 12, 1975