07-28-75 129
JULY 28, ].~75
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,
July 28, 1975, with Mayor James H. Sckeif!ey presiding, and City Manager
J. Eldon Mariott, City Attorney Roger Saberson, Council members Andrew
M. Gent, Grace S. Krivos, David E. Randolph and Ron I. Sanson, IV,
present.
1. The opening prayer was delivered by Rev. Arthur Spruill of
~. Paul's Episcopal Church of Delray Beach.
2. The Pledge of Allegiance to the Flag of the United States of
~rica was given.
3. The minutes of the regular meeting of July 14, 1975, were
unanimously approved on motion by Mrs. Krivos and seconded by Mr. Gent.
4.a. Mr. Gent reported to Council that he had no further information
in 'relation to the TRENCH connection.
4.b. Mr. Sanson reported there was an extensive brush fire in the
west section of town. He saw three City fire trucks fighting the fire.
He asked what type of agreement is in effect on a mutual aid basis with
the Del-Trail Fire Department. The City Manager stated he would check
into this and report back to Council.
4.c. Mr. Sanson asked when CounCil is going to discuss the Charter
and the Group Health Insurance. The City Manager stated the Group
Health Insurance would be discussed when he found the opportunity to
place it on a workshop agenda. The Charter discussion would be up to
the decision of Council. Mr. Sanson stated the Charter had been sitting
on Councilmembers' desks for two months and he felt it should be dis-
cussed.
4.d. Mr. Sanson stated he wanted to make Council aware of a situa-
tion that is developing. Mr. Chuck Potter, Chairman of the Municipal
League, has asked Mr. Sanson to serve on their committee to study the
dual taxation issue with the County and its effects on municipalities.
He said he is in receipt of a copy of a letter to Mr. Weaver from the
Mayor of West Palm Beach. The City of West Palm Beach is considering.
instituting legal proceedings against the County to force them to comply
with the provisions dealing with the requirements that they put forth
figures showing where they are spending the money and how it is. allocated
'to municipalities. According to Mr. Sanson, there is talk of this being
done on a class action suit basis and Mr. Sanson said he would be very
much in favor of this. He said he would like'to back up West Palm Beach
on this and, if nothing else, become a party to the suit. He then
stated the City is allocated a certain sum of money every year to be
used for road and bridge maintenance which comes from the ad valorem
taxes which the County receives; it is Mr. Sanson's understanding that
Delray Beach gives approximately $150,000 per year of which the City is
supposed to receive back 50%. He said there is a very big inequity in
this in that the County collects the taxes in November, December and
January, but they do not bother to return the City's share until August.
They invest the money from the period they collect it until August and
make a lot of money. It is Mr. Sanson's understanding from Mr. Frost
that they are supposed to give the City the money right away. He asked
the City Attorney to investigate why the City does not receive these
funds, and if he finds justification that the City is supposed to
receive the money right away, then the City should demand that the
County give it to the CitY. He asked for any comments from Council.
Mayor Scheifley stated two points should be on a workshop agenda. One
is the Charter and the other is dual taxation, which ha, been discussed
by Council for many years.
4.e. Mayor Scheifley commended Vice-Mayor Krivos for the manner in
w-~h she handled the meeting during Mayor Scheifley's absence. He
reported on the bond signing in New York.
130
4.f. Mayor Scheifley stated he spent & week in Vermont on vacation
~nd the most interesting thing from the standpoint of government that
he saw was the cleanliness of the state of Vermont and the contrast
with the state of Florida. He stated there is a nickel deposit on
cans and bottles in Vermont which is refundable; this has resulted in
all cans and bottles being returned.
5. There were no public requests from the floor.
6.a.1. City Manager Mariott reported on the historical aspects of
the beach swimming pool. He is in receipt of the original application
of the permit to construct the pool.
6.a.2. The City Manager reported on his memorandum dated July 25th
to Council concerning the Alvin Katzif property located on N.W. 5th
Avenue and N.W. 6th Avenue at N.W. 3rd Street. There are 23 dwelling
units at this location that have been condemned by the City's Building
Inspection Department, including plumbing, electrical work, and building
repair work. Mr. Katzif has offered to give this property to the City
at no cost; it would cost an estimated $4,500 to clear the land should
the City accept deeds to the property. Council and the City Manager
expr.essed concern about the 23 families living in these dwellings. Mr.
Randolph stated he felt there would be no way to rehabilitate the
dwellings and did not wisk to be involved in accepting the property
and then have the City force the families out of the condemned dwellings
Mr. Gent stated he did not feel the City should become slum landlords
and if the City needs land at some later time in this area, tke City
could buy what is needed. Mr. Sanson agreed witk Mr. Gent. The City
Manager explained the need for an immediate decision is Mr. Katzif is
terminally ill and is attempting to finalize his business interests.
Mrs. Krivos moved that the City Manager be directed to advise Mr. Alvin
Katzif that the City of Delray Beach does not desire to take advantage
of his offer to give this land to the City at this time, seconded by
~. Randolph, said motion passing unanimously.
6.a.3. City Manager Mariott stated the City, in today's mail, re-
~ived a copy of the proposed contract between the Department of
Community Affairs with the State of Florida and the City with regard
to the 701 Program that has been underway for quite some time. It is
recommended that Council authorize the entering into of the agreement
by motion. Concerning the financial aspects of the agreement, the City
is to pay in cash and in-kind one-third of the total cost of the pro-
ject with two-thirds being paid by the Federal Government. Specifically,
$6,000 of the City's $9,701 total obligation would be paid by in-kind
services performed by the City. There would be $134 cash payment to·
the Department of Community Affairs. The Federal Government would pay
direct to the Consultant Firm the amount of $19,133. The program
would be for planning assistance totaling slightly less than $30,000.
There is an October 1st deadline by. which the City should have certain
obligations fulfilled to the Area Planning Board. The actual cost to
the City would be $3,701 and the rest would be in-kind services per-
formed by City personnel. The funds will come from next year's budget
under Professional Services in the Planning Department budget. Mr.
Sanson moved to execute the agreement and authorize expenditure of
$3,701 from next year's budget, seconded by Mr. Randolph. Upon roll
call, Council voted as follows: Mr. Gent - No; Mrs. Krivos - Yes; Mr.
Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - yes. The motion
passed with a 4 to 1 vote.
6.a.4. The City Manager reported the Planning and Zoning Board at
a meeting held on July 25th recommended by unanimous vote that a minor
modification be made to the site plan for the Pines of Delray, located
at Linton Boulevard and Homewood Boulevard. The change involves the
interchange of a four-unit building with an eight-unit building and
redesigning the parking area on these two buildings. Mr. Gent moved
City Council approve the minor modification in the site plan for Pines
of Delray, seconded by Mrs. Krivos, said motion passing unanimously.
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7-28-75.
131
6.a.5. Mayor Scheifley reported to Mr. Wallin of the Planning and
Zonin~ Board that in his vacation travels, he encountered places where
parking spaces were half again as wide as those in Delray Beach. He
asked Mr. Wallin to give consideration to requiring practical parking
spaces in Delray Beach.
6.a.6. City Manager Mariott reported he bad received a visit from a
congressman from the Republic of Korea. Congressman Chung Woo Shik asked
the City Manager to please convey to the legislative body of the City
his thoughts with regard to the unpleasantries his country has endured
for many years, all of which arise from the Nortk Korean communists.
~is message was anti-communism.
6.b. City Manager Mariott r~ported the Chairman of the Board of
Adjustment has submitted the namE~ of John Henderson with the recommenda-
tion that he be appointed to the Board of A~justment as an alternate
replacing Mr. R. P. Price who ha:~ resigned from the Board and whose
term expires on March 15, 1977. Mr. Gent moved for the appointment
of Mr. John Henderson to the Boated of Adjustment, seconded by Mrs.
Krivos, said motion passing unan~.mously.
7.a. The City Manager repor~ed Council should designate its voting
delegate to represent the City oJ~ Delray Beach at the annual Conference
to be held in Orlando October 23-25, 1975. Mrs. Krivos moved that
Mayor Scheifley be appointed as ~he voting delegate at the annual
Florida League of Cities Convention, seconded by Mr. Sanson, said motion
passing unanimously.
7.b. The City Manager reported Council should consider placing the
annual advertisement in the Conference Issue of tke Florida Municip.al
Record. Mr. Sanson moved to pla.~e the advertisement, seconded by Mr.
Randolph. Mr. Gent made an amen, lment to the motion by stating the bill
of $72.00 should be paid only if the copy is correct. Mr. Sanson
accepted the amendment. The motion passed unanimously.
8.a. The City Manager presented Ordinance No. 25-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING A
PORTION OF THE WEST QUARTER OF LOT 29, SECTION 20,
TOWNSHIP 46 SOUTH, ~ANGE 43 EAST, AN AREA LYING
SOUTH OF S.W. 10TH STREET, NORTH OF ROYAL PALM
DRIVE, AND WEST OF GERMANTOWN ROAD IN "LI LIGHT
INDUSTRIAL DISTRICT" AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1972".
[Copy of Ordinance No. 25-75 is attached to the official
copy of these minutes.)
The City Manager read the caption of the ordinance. A Public
~earing was held, having been l~gally advertised in compliance with the
laws of the State of Florida and. the Charter of the City of Delray
Beach. There being no objectio~s, the Public Hearing was closed. Mrs.
Krivos moved for the passage of Ordinance No. 25-75 on second and final
reading, seconded by Mr. Gent. The City Attorney answered Mr. Sanson
by stating the notifications to the surrounding property owners in the
new zoning ordinance would incl~de county property owners within 500
feet of the area under consider~.tion. Upon roll call, Council voted
as follows: Mr. Gent - Yes; Mrna. Krivos - Yes; Mr. Randolph - Yes;
Mr. Sanson - Yes; Mayor ScheiflE~y - Yes. The motion passed with a 5 to
0 vote.
8.b. The City Manager pres~nted Ordinance No. 26-75.
AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORI]~, REZONiNG ~ND PLACING LOTS
i AND 2, ESQUIRE SU]~DIVISION, AN AREA LOCATED IN
SECTION 20, TOWNSHIp 46 SOUTH, RANGE 43 EAST, LYING
SOUTH OF S.W. 10TH STREET, NORTH OF ROYAL PALM
.DRIVE, AND WEST OF GERMANTOWN ROAD IN "LI LIGHT
INDUSTRIAL DISTRICT~ AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1972".
7-28-75.
132
(Copy of Ordinance No. 26-75 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 compIiance 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. 26-75 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 5 to 0
vote.
8.c. The City Manager presented Ordinance No. 27-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING A COMMUNITY
APPEARANCE BOARD; PRESCRIBING ORGANIZATION, MEMBERS,
TERMS,. APPOINTMENTS; SPECIFYING POWERS, DUTIES AND
CRITERIA OF THE BOARD; ESTABLISHING MEETINGS, RECORDS,
APPROVAL OF PLANS AND RECOMMENDATIONS FOR TRANSMITTAL
TO CITY COUNCIL AND DECISIONS; DECLARING CERTAIN ACTS
TO BE IN VIOLATION OF THIS ORDINANCE; PRESCRIBING
PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS
ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
(Copy of Ordinance No. 27-75 is attached to the official
copy of these minutes.)
The City Manager read the caption of the ordinance. A .Public
~earing 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.
The City Attorney reported on two minor modifications in the
ordinance. Mr. James Owens, 75 N.E. 6th Avenue, Delray Beach, spoke
against the ordinance. Mr. Robert Curry, architect, Delray Beach,
stated he felt the majority of the Board should be qualified, practicin~
architects. Mr. Robert ~utzler spoke against the Board. Mr. Gent
reported Mr. Hutzler was the City's representative in District 4 of the
Palm Beach Planning Commission. Mr. J. W. Dunbar, Beach Property Owners'
Association, spoke in favor of the Board. The Public ~earing was closed.
Mayor Scheifley pointed ou~ the Community Appearance Board
.cannot tell people what they can do; they can only determine what people
cannot do. He stated he felt the Board would nOt conflict wi{h the
Building Department or the Planning and Zoning Department, nor~would it
cost the City money to operate. Mr. Gent stated he wanted Delray Beach
to be distinct from, and not a part of, Boca Raton in appearance.. Mr.
Sanson stated he wished Delray Beach to remain distinct from a city
like Pompano Beach and felt the Board would help to achieve this. Mrs.
Krivos stated she wanted Delray Beach to remain the unique city it is
and felt the Board would be detrimental. Mr. Randolph stated he doubted
passage of the ordinance would change any of the logic of the persons
in the city. He also said if the ordinance should, by any chance, create
'problems, the ordinance could be amended or striken. Mr. Randolph moved
for the passage of Ordinance No. 27-75 on second and final reading,
seconded by Mr. Sanson. Upon roll call, Council voted as follows- Mr.
Gent - No; Mrs. Krivos - NO; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mayor Scheifley - Yes. The motion passed with a 3 to 2 vote.
8.4.. The City Manager presented Ordinance No. 28-75.
AN OR~..INANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES BY REPEALING SECTION 29-7.6
"APPLICATIONS FOR REZONING" AND ENACTING A NEW SECTION
29-7.6 "REZONING REQUEST" OF THE CODE OF ORDINANCES
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7-28-75.
133
OF THE CITY OF DELRAY BEACH; ESTABLISHING PROCEDURES
FOR REZONING REQUESTS; SETTING FEES AND LIMITATIONS
ON REZONING OF PROPERTY; OUTLINING STANDAt~S FOR
EVALUATING REZONING REQUESTS; SPECIFYING CONTENTS OF
REZONING APPLICATIONS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH.
(Copy of Ordinance No. 28-75 is attached to th~ 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 adoption of Ordinance No. 28-75 on second and final
reading, seconded by Mrs. Krivos. 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. 34-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH LOT 2, BLOCK 4, LAKE IDA GARDENS,
AMENDED PLAT, 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.
City Manager Mariott read the caption of the ordinance.' This
property would be annexed subject to R-1AA zoning which is compatible
witk zoning on nearby land. Mr. Sanson moved for the passage of Ordi-
nance No. 34-75 on first reading, seconded by Mr. Randolph. Mrs. Krivos
asked that the cap~ion of the ordinance be corrected to read Lake Ida
Gardens, Amended Plat. 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.f. The City Manager presented Ordinance No. 35-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANN..EXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY A PARCEL OF
LAND LYING IN THE SOUTHEAST QUARTER (SE~) OF THE
SOUTHWEST QUARTER (SW¼) OF SECTION 4, TOWNSHIP
46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE-
FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
The City Manager read the caption of the ordinance. The
Planning and Zoning Board recommended approval of this application for
annexation. A sketch was shown depicting the location of the property.
The applicant is Karl Rubenstein and the land is located behind Byron's
F~rniture Store, north of Royal Palm Boulevard and adjacent to Old
Dixie Highway. The request for annexation is to enable the owners to
enlarge their business. Mr. Gent moved for the adoption of Ordinance
No. 35-75 on first reading, seconded by Mr. Randolph. Upon roll call,
Council voted as follows: Mr. Gent - Yes; ~s. Krivos - Yes; Mr.
Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion
passed with a 5 to 0 vote.
8.~. The City Manager presented Ordinance No. 36-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH A PARCEL OF LAND LYING IN THE SOUTHEAST
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7-28-75.
QUARTER OF THE SOUTHWEST QUARTER-OF SECTION 4,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING TI~ BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE
ZONING TI~REOF.
A sketch was shOwn depicting the ~location of the property. The
City Manager read the caption of the ordinance. He stated the Planning
and Zoning Board recommended approval of this application for annexa-
tion by unanimous vote. The aPplicant is Charles Wilson and the property
extends from Old Dixie Highway to Federal Highway, north of Royal Palm
Boulevard, lying in Section 4-46-43. Mr. Sanson asked if the owner of
this property would have to comply with the sign ordinance. The City
Attorney replied if a removable sign were involved, it would be handled
differently than if the sign were imbedded in concrete and cost a
considerable amount of money. The City Manager stated he would check
into this matter. Mr. Sanson moved for the adoption of Ordinance No.
36-75 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 5 to 0 vote.
8.h. The City Manager presented Ordinance No. 37-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REGULATING THE OPERATION OF
BICYCLES; REQUIRING THE LICENSING OF BICYCLES;
ESTABLISHING A LICENSE FEE FOR BICYCLES; PROVIDING
FOR THE SALE OF SEIZED BICYCLES; PROCESSING OF
JUVENILE OFFENDERS; PROVIDING A PENALTY FOR VIOLA-
TIONS OF BICYCLE REGULATIONS; PROVIDING A SAVING
CLAUSE.
The City Manager read the caption of ~I%e ordinance. He stated the
ordinance was discussed by Council at the July 21st workshop meeting.
Mr. Sanson moved for the passage of Ordinance No. 37-75 on first 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 5 to 0 vote.
8.i. The City Manager presented Ordinance No. 38-75.
AN ORDINanCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO THE MUNICIPAL
HOME RULE POWERS ACT, CHAPTER 166, FLORIDA STATUTES,
REPEALING SECTION 24, CHAPTER 25786, SPECIAL LAWS
OF FLORIDA, ACTS OF 1949 AS AMENDED, AND AMENDING
CHAPTER 2, SECTION 2-1.1 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH TO PROVIDE THAT EACH
.COUNCILMEMBER SHALL BE PAID A SALARY OF $300 PER
MONTH ~D THE ~YOR SHALL BE PAID A SALARY OF $400
PER MONTH; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH.
City Manager Mariott reported the ordinance was self-explanatory.
Mayor Scheifley stated the ordinance would raise the salaries of Council
members from $200 to $300 per month and the salary of the Mayor from
$300 to $400 per month effective on second reading passage. Mrs.
Krivos stated the preface to the agenda stated the City Attorney' was
requested by members of Council to prepare an ordinance increasing the
compensation of Councilmembers. She stated she had never asked for an
increase in compensation and knew nothing about it until the City
Attorney called her to inform her of it. Mrs. Krivos stated she was
opposed to an increase becoming due at any time until the end of her
term and she would never vote for a raise in pay for herself. Mr. Gent
stated he was one of the councilmembers who requested the raise and now
that the Community Appearance Board has been passed, it would certainly
be needed. He said Mr. Howard McCall of the AIA Chapter here had told
him that there is a possibility of 22 cases per week which will require
much more time. Mrs. Krivos pointed out the City Manager reported at
7-28-75.
135
the wo~ks~0p meeting that the City is one million dollars sho~t of
balancing the budget, and she stated she was adamantly against raising
their own pay. 5~. Sanson state~ he felt that now that he has served
seven months on the Council, he thinks $200 .is a pittance and the
increase to $300 is a token increase. He said it would allow members
of Council .to devote the amount of.time needed to City business. He
said it would let members take time away from persona], businesses where
he knows all members of Council could make a lot more money if they
spent the time there that they do in Council. He further stated the
money was due Councilmembers. Mrs. Krivos stated she knew the amount
Councilmembers received when she came to Council and so'did Mr. Sanson.
~. Sanson moved for the adoption of Ordinance No. 38-75 on first
reading, seconded by Mr. Gent. Upon roll call, CoUncil voted as follows:
~.~. Gent - Yes; Mrs. Krivos - No; Mr. Randolph - Yes; Mr.' Sanson - Yes;
Mayor Scheifley - Yes.
9.a. THe City Manager reported the Planning and Zoning B~ard at a
~e~ing held on July 15th recommended by a vote of 4 to 0 with Mr.
Jacobson abstaining that the conditional use and site plan for the Church
of God by Faith, located in Section 17-46-43 on the west.side of S.W.
6th Avenue betWeen S.W. 3rd Street and S.W. 4th Street be approved,
subject to the City Engineer's comments. Mr. Gent questioned the memor-
andum from Mr. Fleming which refers to an approval of the plat. The
Ci'ty Manager stated this was not an approval of.the plat, but subject
to the City Engineer's comments and recommendations as approved by the
Planning and Zoning Board. Mr. Gent moved for the approval of the
conditional use and site plan subject to. the~City Engineer's comments
and recommendations as recommended by the Planning and Zoning Board,
seconded by Mr. Randolph,~Said motion'passing unanimously.
10. The following Bills for Approval were approved unanimously on
~o'~ion by Mr. Gent and seconded by Mr. Randolph. ~Mr. Sanson questioned
what the Football League was to whick the City 'is paying $750.00. The
City Manager replied several of the athletic activities are a break-
even proposition and some of the funds are run through the City
TreaSury. He stated he would report back on this item. Mr. Sanson. then
asked why the City is paying Himes and Himes out of Federal Revenue~
Sharing Funds. The City Manager replied they can be paid from Federal
Revenue Sharing as well-as other items. Mr. Sanson said he is against
this and would not like to see it paid from this account.~again. The
City Manager stat%d he would check on this item also. Upon roll call.,
Counci~ voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes, with the
exception of Check No. 11248 to Alley, Alley and Blue in the amount
$6,059.11; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes.
The motion passed with a 5 to 0 vote.
General Fund $253,234.54
Water and Sewer Fund 6,300.00
Cigarette Tax Fund 11,153.40
Refundable Deposits Fund 14,032.13
.Improvement Trust Fund 527,344.04
Beach Restoration Fund 151.20
Federal Revenue Sharing Fund 76,328.80
The meeting was adjourned at 9:10 P.M.
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7-28-75.
· Ck:,~INANCE NO. 25-75. ·
).J~ ORDINANCE OF TIIE CITY COUNCIL OF Tt~ CITY OF
f LELRAY BEACH, FLORIDA, REZONING AND PLACING A
.. ~ORTION OF THE WEST QUARTER OF LOT 29, SECTION 20, ·
9~%~SItIP 46 SOUTH, P~XNGE 43 EAST, AN AREA LYING
~ OUTtI OF S.W. 10TH STREET, NORTH OF ROYAL PALM
DRIVE, A[:D WEST OF GERMANTO~q ROAD IN "LI LIGHT
· }.:~DUSTRIAL DISTRICT'~ AND .AMENDING "ZONING MAP OF
DELRAY BEACtt, FLORIDA, 1972".
WHER~S, the Planning an~ Zoning Board has recommended rezoning and
placing land presently zoned RM-15 Multiple Family Dwelling District in
#LI Light Industrial. District"; and,
WHER~S, the City Administration concurs in said recommendation; and,
~EREAS~ the City Council of the City of Delray Beach, Florida, has
determined that such change should be.made,
NOW, THEREFORE, BE IT ORDAINED B~ THE CITY COUNCIL OF THE CITY 'OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City of
Delray Beach, Florida, is hereby rezoned and placed in the "LI Light
Industrial District" as defined by Chapter 29 of the Code of Ordinances~
of the City of Deiray Beach, to-wit: ..
The west quarter (W¼) of Lot 29, Section 20,
Township 46 South, Range 43 East, Palm'Beach
County, Florida, LESS the east 70 feet of the
south 155 feet, as measured along the boundar~
· lines of said west quarter of Lot 29, and LESS
the north 50 feet thereof for road right-of-way,
~. as recorded in Plat Book 1, Page 4, Public
P~cords of Palm Beach County, Florida.
This property is located at 1102-1130 S.W. 10th
Street, Delray Beach, Florida.
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 t~e provisions of Section 1 hereof.
PASSED AND ADOPTED in regular session on second and final reading
on this the .28th day of July , 1975.
jCity Clerk
First Reading, June 23~ 1975
Second Reading July 28, 1975
. ORDINANCE NO. 26-7'5.
~ ORDINANCE OF THE CITY COUNCIL oF THE CITY OF
· DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS
.i~AND-2, ESQUIRE SUBDIVISION, AN AREA LOCATED IN
SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST~
'LYING sOUTH OF S.W. 10TH STREET, NORTH OF ROYAL
PALM DRIVE, AND WEST OF GERMANTOWN ROAD IN "LI
LIGHT INDUSTRIAL DISTRICT" AND A~Z~NDING "ZONING
~P OF DELRA¥ BEACH, FLORIDA, 1972".
WHEREAS, the Planning and Zoning Board has recommended rezoning
and placing land presently zoned ~4-15 Multiple Family Dwelling District
· in "LI Light Industrial District"; and,
WHEREAS, the City Administration concurs in said regommendation; 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 THE CITY OF
DELRAY BEACH~ FLORIDA, AS FOLLOWS:
Section 1. That ~he following described property in the City of
Delray Beach, Florida, is hereby rezoned and placed in the "LI Light
Industrial District" as defined by Chapter 29 of the Code of Ordinances
of the City of Delray Beach, to-wit:
Lo~s i and .2, Esqu~r~ SubdiviSion, as recorded in
Plat Book 23', Page 43, Public Records of Palm
-. Beach County, F16rida.
This property is located'at 1014-1022 S.W. 10th
Street, DelrayBeach, Florida.
Section 2. That the Planning Directors of said City shall, upon
the ef~c'tive' date.of this ordinance, change the Zoning Map of Delray
Beach, Florida, to conform with the provisions of Section 1 hereof.
PASSED ANDADOPTED in regular session on second and final reading
on this the 28th day of July , 1975.
z~/ City Clerk
'First Reading June 23, 1975
Second Reading .July 28
ORDINANCE NO. 27-75.
AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF
D~LRAY B~A,..H, FLORIDA, ESTABLISIIING A COMMUNITY
7~PPEAR~CE BOARD; PRESCRIBING ORGANIZATION, MEMBERS,
TERMS, APPOINTMENTS; SPECIFYING POWERS, DUTIES AND
CRITERIA OF THE BOARD; ESTABLISHING MEETINGS, RECORDS,
APPROVAL OF PLANS 7~tD RECOMMENDATIONS FOR TRANSMITTAL
TO CITY COUNCIL AND DECISIONS; DECLARING CERTAIN ACTS
TO' BE IN VIOLATION OF THIS ORDINANCE; PRESCRIBING
PENALTIES FOR THEVIOLATION OF THE PROVISIONS OF THIS
ORDiNaNCE; REPEALING ALL ORDINANCES OR PARTS OF ORDI-
~CES IN CONFLICT HEPgWITH; AND FOR OTHER PURPOSES.
· WHEREAS, the City Council and citizens of Delray Beach are desirous
of creating an improVdd quality of life in the community that can be
'derived from beautiful surroundings; and,
WHEREAS, the health, safety', aesthetic attractiveness and general
welfare of the community can be achieved through the cooperation of
community leaders, architects, planners, Realtors,.builders and all
qitizenS; and,
WHEREAS, beautiful and. well-planned communities result through
deliberate community leadership and positive action guided by a board
empowered by its enabling ordinance.to merge environment and development
into an integrated whole;'and,
WHEREAS, the Community Appearance Board Study Committee was author-
ized by City. Council to study and prepare th~ organization
Appearance Board; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, con-
curs in recommendations by said Study Committee; and,
W~EREAS, the City Administration is in agreement wit~ the. recommenda-
tions.proposed,
NOW, THEREFORE, BE IT ~RDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Creation, Members, Terms, Appointments.
'A Community Appearance Board is hereby created:
(a~ The Board shall be composed of five (5) members, appointed
by the-City Council for terms of two (2) years, except
that the members of this first Board to serve shall be
appointed so that three (3) members shall serve two (2)
· year terms, and two (2) members shall serve one (1) year
terms. Their successors shall be appointed to two (2)
year terms.
(b} Two (2) alternate members s~all be appointed by' the City
Council for terms of one (1) year. In the absence or
disability o~ a regular member, an alternate member shall
be. called to sit, and act in his place by the Chairman of
the Board.
Section 2. 0r~anization: Qualifications of members. .
The Community Appearance Board shall elect a Chairman and Vice-
Chairman to preside at its meetings and such other officers as
the Board may deem necessary. The Board shall formulate its
rules and regulations for the conduct of its business. The
members of the Board shall have the following qualifications:
Cb) The ownership o~ the surrounding properties as sub-
mitted by the applicant shall be reviewed by the
City Clerk, who shall notify the owners by regular
nmil of the date and purpose of the public hearing.
Mailing shall be at least ten (10) days in advance
of the public hearing so that owners may be re~
ed in person or by proxy. For notification purposes,
the owners of property shall be those recorded on the
latest official County tax rolls.
(c) Notice of the public hearing.shall also be advertised
in a newspaper published in this City at least ten
'(10)' days in advance of the.hearing.
i~ (3) After holdin~ a public hearing and having studied and.
t. considered'the proposed change in relation to the standards
of subsection D, the Planning and Zoning Board shall, with-
in sixty (60) days, recommend approval' or denial of the
rezoning request. The Planning and Zoning Board's recom-
mendation shall be forwarded to the City Council.
(4) Upon receipt of any 'recommendation, the City Counci~ at a
regular meeting, shall review the application, and having
studied and considered the proposed change in relation
to the standards of subsection D, shall approve or deny
the rezoning request. If within sixty (60) days,, the
City Council-has not acted upon. the report of the Planning
and Zoning Board, then the application shall be deemed to
have been denied.
(C) LIMITATIONS ON THE REZONING OF PROPERTy
(1}' Whenever the City Council has denied an application for
the rezoning of property, the City CounCil shall not
thereafter:
(a) Consider any further application for the Same-rezoning
of any part or all of the same property for a period
of twelve (12) m~nths from the date of such action.'
Cb) Consider an application for any other kind of rezoning
on any part or all of the same property for a period
of six (6) months from the date of such action.
· (2) The time limits of subsection (C) (1).may be waived by
three (3) affirmative votes of the City Council when'such
action is found and deemed'necessary to prevent injustice
or to facilitate the proper development of the City..
(D) STANDARDS FOR EVALUATING REZONING REQUESTS
In considering an application for rezoning, the Planning and
Zoning Board and the City Council shall make written findings
indicating that the proposed change has been studied and con-
sidered in relation to the following standards, where applicable
Will the change be contrary to the proposed land use plan,
and have an adverse effect on the plan?
· (2) Will the change be contrary to the existing land use
pattern? .
(3) Will the change create an isolated district unrelated to
adjacent and nearby districts, i.e., is this spot zoning?
(4} Will the change alter the populationdensity pattern,
thereby increasing the load on public facilities such as
mchools, utilities, streets, etc.?
(5) Are the present district boundaries illogically drawn in
relation to the existing condition on the property pro-
~osed for change?
Have'changed or changing conditions made this proposed
rezoning necessary?
(7) Will the change adversely i~fluence living conditions in
the neighborhood?
(8) Will the change create or excessively increase traffic
· congestion, or otherwise affect public safety?
· (9) Will the change create a drainage problem?
(10) cha'nge seriously reduce light and to adjacent
Will
the
air
.areaS?
(11) Will the change adversely affect property values in the
adjacent area?
(12) Has sufficient evidence been presented to justify the
need for the cha~ge?
(13) Will the change be a deterrent to the improvement or
development of adjacent property in accord with existing
regulations?
(14) Will the change constitute a grant-of special privilege
to an individual owner as contrasted with the public
welfare?
(15) Are there substantial reasons why the p~operty cannOt be
used in accord with existing zoning?
' (16) Is the change out of scale with the needs of.the Deigh-
borhood or the City?
(17) Is it impossible to find other adequate sites in the City
for the proposed use in districts already pgrmitting such
use?
CE) CONTENTS OF THE REZONING APPLICATION
ApPlications for rezoning shall contain the following items:
(%) General application form.
(2) Statement of the applicant's interest in the property to !
be rezoned, including a copy of the last recorded Warrant
Deed, and a certificate from an attorney~at-law or a titl
insurance company certifying who are the current.fee
simple title holders of record of the subject property,
and the nature and extent of their interest'therein, and
(a) If joint and several o~nership, a written consent to
the re~oning proposal bY all owners oD record, or
(b} If a contract purchase, a copy cf the purchase
contract and written consent to the seller/owner, Or
(c) If an autJ,orized agent, a copy of the agency agree-
ment or written consent of the principal/owner, or
Cd) If a lessee, a copy of the lease agreement and writ-
ten consent of the owner, or
(e) If a corporation or other business entity, the name
of the officer or person responsible for the petition
. &nd written proof that said representative has the
- Ord. No. 28-7 5.
Section 6. The requirements of this ordinance are in addition to
any other requirement of the Code of Ordinances of the City of
Delray Beach, suck as the Zoning Code, the Building Code, etc.
~ A recommendation for approval by the Co~unity Appearance
Board of a given set of plans and specifications does not
necessarily constitute evidence of applicant's compliance with
· other requirements of the Code of the City of Delray Beach.
Section 7. Violations.
(a) It shall constitute a violation of this ordinance should
any owner, agent or person having charge of or occupying
any lot or premises covered by the provisions of this
ordinance refuse~or neglect, for a period of fifteen (15)
days after receiving notice from the City of any viola-
tions hereof, fail to cure such vi~lation without further
.. notice.
(b) In case of such violation, as stated above, the City may
then cause the work of removal, replacement and/or cutting
~ to be done and the cost of such work'shall forthwith be
" paid by such owner, agent or other person.
· (c) Upon failure of the owner, agent or other person to
promptly pay the cost of such wo~k, the City Clerk shall
cause an affidavit to be placed upon the public records
of Palm Beach County describing the work done and the
amount of cost incurred by the.City of Delray Beach.
Such affidavit shall constitute a claim of lien agains{
the proDerty, foreclosab!e in the manner of mortgages,
I, together with the costs of the action and all
I' attorneys' fees incurred by the"City. .
(d) Any notice's requi~ed by this ordinance may be mailed to
She owner of record as shown on the tax roll of Palm Beach
~ County or may be posted upon the Premises by affixing in
any conspicuous place on any structure located on suCh
' premises or may be given by leaving a copy of such nOtice
with any person of legal.age occupying or having charge
of the premises. .
SeCtion 8. Penalty.
.Any person, firm or corporation who violates, dispbeys, omits,
neglects or refuses to comply with, or who resists the enforce-
~ent of any'of the provisions of this ordinance shall be fined
twentY-five (25) dollars. Each day a violation exists.shall
constitute a separate offense.
Section 9. All ordinances, resolutions or parts thereof in'conflict
herewith are hereby repealed~
-Section 10. If any section, subsection, Sentence, clause, phrase or
portion of this ordinance is for.any reason held invalid or
~nconstitutional by any court of competent jurisdiction, such
~ortion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the £emaining
portion thereof.
P~SSED AND ADOPTED in re~-lar session on second and final reading on
this 28th' day of July , 1975.
~ .,~ City Clerk
Fir~Reading June..23, 1975 .
Second Reading. July 28. 1975
ORDINanCE NO 25-7 5
~N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACIt, FLORIDA AMENDING CI~PTER 29 "ZONING"
. OF THE CODE OF ORDINANCES BY REPEALING SECTION 29-7.6
~APPLICATIONS FOR REZONING ~D ENACTING A NEW SECTION
29-7.6 "REZONING REQUEST" OF T~ CODE OF ORDINANCES OF
.T}~ CITY OF DELRAY BEACtt; ESTABLISHING PROCEDURES FOR
REZONING REQUESTS; SETTING FEES AND LIMITATIONS ON
REZONING OF PROPERTY; OUTLINING STANDARDS FOR EVALUATING
.REZONING REQUESTS; SPECIFYING CONTENTS OF REZONING
.APPLICATIONS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, the Planning and Zoning Board of the C~ty' of Delray Beach ·
has.made recommendations concerning changes in Section 29-7.6 "Applications
for Rez°ning" of Chapter 29 "Zoning" of the Code of Ordinances; a~d,
WHEREAs, the City Council of the City of. Delray Beach, Florida,
concurs in said recommendations; and,
WHEREAS, the City Administration is in agreement with the recommenda-
tions proposed,
'NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-7.6 "Applications for Rezoning" of
Chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach,
as amended, is hereby repealed.
-Section 2. That the foi~owing Section 29-7.6 "Rezoning RequeSt"
shall'replace. Section 29-7.6 "Applications for Rezoning" of Chapter '29
~Zoning" of the Code of Ordinances of the City of.Delray Beach repealed
in Section 1 .above.
'(A)'S~c' SCOPE29-7'6 REZONING REQUEST
'Any person, firm, or corporation owning property 'within the
City of Delray Beach, the City Council, or the Planning and
· Zoning Board, desiring to effect a'change' ~n the zoning
· c!as~ification of property, shall be governed by the provisions
of this section except that neither the City Council nor the
Planning and Zoning Board shall be required ~o submit a formal
application or pay the fee set forth in paragraph (B) (1).
(B) PROCEDURES
(1) The owner shall submit an application to the Planning
Director on forms prescribed by the Director. Designati°n ~
of a person other than the owner to sign the application
shall be in writing and attached to the application. Each
' · · application shall be accompanied by a fee of'~hree hundred
(300) dollars,·payable to the City of Delray Beack.
The Planning Director shall then refer the application
to the Planning and Zoning Board for a public hearing in
accordance with the following:
(a) The owners of property located five hundred (500)
feet surrounding the subject parcel shall be notified.
delegated authority to represent the corporation or
other business entity, or in lieu thereof, written
'.proof that he is in fact an officer of the corpora-
tion. '
(3) Legal survey prepared by a surveyor registered in the Stat~
of Florida showing an accurate legal description of the
subject property, and the total acreage computed to the
nearest one-tenth (1/10) of an acre.
(4) Vicinity map showing the location of the subject property
in relation to the surrounding street system.
(5) Drawing showing the location of all property lying five
hundred (500) feet surrounding the subject.parcel, and a
complete list of the property owners' names, mailing
addresses, and legal descriPtions.~ The owners of property
shall be those recorded on the.lateSt official County tax
rolls. Such list shall be accompanied by an affidavit
stating that to the best of the applicant's knowledge,
said list is complete and accurate.
(6) Any other information necessary to establish compliance
with this and other ordinances..
Section 3. All ~rdinances or parts of ordinances in ~onflict here-
with be and the same are hereby repealed.
PASSED AND ADOPTED in'regular session o~ second and final readin~
on this the 28th day of July. , 1975.
ATTEST: '
~/ City Clerk
First Reading June 23r 1975
Second Reading July 28,...1975
Ord. No. 28-75.