11-10-75 2O7
NOVEMBER 10, 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,
November 10, 1975, with Mayor James H. Scheifley presiding, and City
Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council
members Andrew M. Gent, Grace S. Krivos, David Eo Randolph and Ron I.
Sanson, IV, present.
1. The opening prayer was delivered by Rev. Louise Earle of Unity
of Delray Beach.
2. The Pledge of Allegiance to the Flag of the United States of
~nerica was given.
3. The minutes of the regular meeting of October 25, 1975 were
unanimously approved on motion by Mrs. Krivos and seconded by Mr. Gent.
'4.a. Mr. Randolph thanked the City Council,.City Manager and the
departments of the City who offered sympathy in the loss of his father.
'5.a. Mr. Irwin W. Kresser, 234 N.W. 17th Street, Delray Beach, ~poke
concerning bingo. He stated the Delray Beach Club was organized years
ago for retired senior citizens to enjoy companionship along with
several forms of entertainment including bingo. The club plays bingo
one night a week for one and one-half hours. He asked Council to re-
consider their decision to allow bingo for this group. The City Attorney
stated the State law requires that the organization which holds the game
must own or lease the premises full-time. Full-time means seven days a
week,. 365 days a year. He stated other groups in the City which have
attempted to hold games on a time-sharing basis are not allowed to do
so.
5.b. Detective Matthew Mitchell, 324 N.W. !lth Avenue, Delray Beach,
appeared before Council as one of the coaches of the Delray Rocks
Football Team. He stated the teams have finished in the finals and have
been invited to compete in the national championships to be held in
Gatlinburg, Tennessee. There are approximately 99 boys and 30 cheer-
leaders involved. He requested support from Council to help these teams
attend this event. Mr. Ernie Galinas, 3425 Sherwood Boulevard, Delray
Beach, stated last year the teams won two of the three national champion-
ships. The total transportation costs will be $7,277.00. The rooms and
meals while the teams are in Gatlinburg will amount to $7,775.00; meals
while in transit will amount to approximately $665.00. The total for
the trip will be $15,717.00~ Each boy, cheerleader and coach will be
asked to contribute $50.00 which will amount to $7,650.00. The remainder
must be raised within two Weeks. He stated civic clubs would be
approached and the American Youth Football Association has supplied
raffle tickets. The coaches requested that Council contribute $3,000.00.
Mr. Randolph moved that Council assist the Delray Rocks to attend the
Youth Football Association National Championship in Gatlinburg, Tennessee,
during the period of November 26 through 29, 1975, in the sum of $3,000,
seconded by Mr. Gent. The funds would come from the General Contingency
Fund. The motion passed unanimously.
5.c. Mrs. Nettie Durante, Imperial Villas, stated the homeowners of
Imperial Villas had met and appointed a spokesman for their group, Mr.
John DeKonig. Mr. DeKonig, 2719 Knight Lane, Imperial Villas, informed
the Council that unless action is taken, Imperial Villas will become a
slum. He cit%d water leaks, poor roads, inferior construction and
improper planning as some of the major problems. He ~ead several pro-
posals from the homeowners: 1 - they request a $300,000 bond for present
and future construction in Imperial Villas not to be returned until all
construction has met the approval of the City of Delray ~each and the
unit owners of Imperial Villas; 2 - they request a complete~'investigation
of the Building, Planning and Zoning Departments of the City of Delray
Beach pertaining to Imperial Villas with a written report of the findings
to be given to them at completion; and 3 - they invited the Council and
City Administration to visit the community to personally view the problems.
Mayor Scheifley replied that since litigation between the builder of
Imperial Villas and the City of Delray Beach is presently being con-
ducted, he felt it to be improper to discuss the matter. The City Attor-
ney stated Mr. Donner has two suits pending against the City: one is to
review a finding of the Board of Adjustment and the other is seeking an
injunction to prohibit the City from enforcing its stop work orders and
seeking damages in the amount of $100,000. He further stated there is
no way the City could force Mr. Donner to post a $300,000 bond on work
that has been performed to date. Mayor Scheifley asked Mr. DeKonig to
provide the City Attorney with a list of properties that do not meet
minimum building standards. The.City Attorney stated ~!r. Donner did not
-post a bond for the construction of~the~.apartJnents; no builder in the
City does this. The builders post a bond for construction of improvements
such as streets, sidewalks, etC. Mr. Sanson expressed concern about the
new units Mr. Donner plans to build. The City Manager stated all city
departments would enforce codes and the law. Mrs. Krivos stated she
was concerned with the construction itself of the proposed units Mr.
.Donner plans. Mr. Sanson suggested that a third party be hired to conduct
an inspection of Imperial Villas, i.e., the. existing units, to determine
if any violations have been allowed by the City. Mr. DeKonig said the
'main complaint, other than the construction of the units, is the general
area and the quality of life that is lacking, i.e., planning, zoning, etc.
He asked why this was permitted in the first place. He requested a com-
plete investigation. He also stated the homeowners would follow any
suggestion made by the Council and the City to improve the situation.
6.a.1. The City Manager presented Ordinance No. 51-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING CHAPTER 3 ,ADVER-
TISING" AND SUBSTITUTING IN ITS PLACE THIS CHAPTER
3 RELATING TO SIGNS AND ADVERTISING, REQUIRING PERMITS
AND PAYMENT OF PERMIT FEES FOR ERECTING A SIGN OR
SIGN STRUCTURE, REQUIRING LABELING OF SIGNS, PROVIDING
FOR PERMITTED AND PROHIBITED SIGNS IN THE VARIOUS
ZONING DISTRICTS OF THE CITY, PROVIDING FOR AESTHETIC
.REGULATION OF SIGNS, REMOVAL OF SIGNS UNDER CERTAIN
CIRCUMSTANCES AND PROVIDING A PENALTY CLAUSE.
~he City Attorney stated several changes had been made in this
ordinance and he explained them to Council. Mr. Sanson asked that a
survey of the non-conforming signs in the City be made. The City Manager
stated this item was not on the agenda because it was inadvertently left
out by the City Manager's secretary. It was ascertained that no advertis-
ing had been done for this ordinance. Mr. Gent asked that Section 15(A) (1)~
include the word "exclusive" concerning real estate agents. Mr. Gent
stated a very extensive survey had been conducted concerning non-conforming
signs in Delray; Mr. Sanson requested a copy of the survey. Mr. Sanson
moved to table the ordinance since it was not on the agenda and was of a
controversial nature. The motion died for lack of a second. The City
Manager read the caption of the ordinance. Mr. Gent moved for the adoption
of Ordinance No. 51-75 on first reading with an amendment to Section 15
(A) (1) to sh0w the word "exclusive" preceding the word "agent" and to add
the sentence "that a copy of the exclusive agreement be put on file in
the building department", 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.
6.a.2. The City Manager stated Elaine Roberts, 312 N. Swinton Avenue,
Delray Beach, has requested the City to abandon the 16 foot alley imme-
diately west of and adjacent to her property. It is recommended this
request be referred to the Planning and Zoning Board for study and recom-
mendation. Mr. Randolph so moved, seconded by Mr. Sanson, said motion
.passing unanimously.
6.b. City Manager Mariott stated on September 22, 1975, Council, by
motion, placed a moratorium on the condemnation of occupied dwelling
units until January 1, 1976. At Council's November 3rd workshop meeting,
informal consensus was obtained to consider passing a motion tonight that
would rescind the moratorium on the condemnations of occupied dwelling
units. Mr. Randolph moved that the moratorium on condemnations of
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..... 11-10-75.
occupied dwelling units be rescinded, seconded by Mr. Gent, said motion
passing unanimously.
6.c. The City Manager reported the following quotations have been
received to furnish meals for prisoners of the City of Delray Beach.
Each Each Each
Bidder Breakfast Lunch Dinner
John & Mary's Restaurant $ .80 $1.65 $1.80
Delray Beach
Blue Onion Restaurant .85 1.70 1.80
Delray Beach
It is recommended by the Police Chief, Finance Director and City
Manager that the award be made to the Blue Onion as they have rendered
satisfactory service for several years. The difference in the two bids
would amount to 10¢ a day or approximately $300 per year. It is ques-
tionable whether this small differential would warrant the changing of
· a satisfactory service at this time. The City Manager stated the service
from the Blue Onion has been very good, and the City has had no problems
with. this organization. He also stated anyone wishing to submit a bid
would be able to determine the price of the bid from the Blue Onion. He
said the award could be made to either party bidding on this service.
Mrs. Krivos stated she felt it was unfair to award the bid to the high
bidder if the low bidder has not been given the opportunity to provide
this service. Mr. Gent moved that the contract be awarded to the Blue
Onion Restaurant as recommended by the Police Chief, Finance Director
and City Manager. Mr. Sanson offered an amendment to the motion to allow
each establishment to provide this service for six months of the year.
Mr. Gent refused the amendment. Mr. Randol'ph seconded the motion of
Mr. Gent. Under discussion, Mr. Robert Vaughn, 1325 S.W. 22nd Avenue,
.Delray Beach, owner of John and Mary's Restaurant, stated the Police
Department had informed him they had no objection to the service they
were receiving from the Blue Onion; they also informed him they would
have no objection to the contract being awarded on a monthly basis as it
was done in the past. The City Manager stated the Blue Onion owners had
been notified of this item being on the agenda. Mr. Sanson made a
substitu{e motion to award the contract on an equal basis to the two
establishments that submitted bids for six month periods, running conse-
cutively. The owner of the Blue Onion indicated this would be satisfactory
to him. Mr. Sanson's motion died for lack of a second. Mrs. Krivos made
a substitute motion that the contract be awarded equall5 to John and Mary's
and the Blue Onion, each alternating every other month. Mr. Sanson
seconded the motion. Both parties indicated this would be satisfactory
to them. Chief Cochran stated he felt anytime a service was being pro-
vided in a satisfactory manner, it was a good idea to maintain that
service. Mr. Sanson called for the question. Upon roll call, Council
voted as follows: Mr. Gent - No; Mrs. Krivos - Yes; Mr. Randolph - No;
Mr. Sanson - Yes; Mayor Scheifley - No. The motion failed with a vote
of 3 to 2. Mayor Scheifley called for a vote on Mr. Gent's motion to
award the contract to the Blue Onion. 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.
6.d. The City Attorney stated the Sommers & Messmer Construction
~omPany, Inc. vs. City of Delray Beach case was filed in 1970 as they
had a mechanic's lien on a structure that was demolished by the City.
They allege they did not receive a notice prior to the demolition. The
verdict rendered was for the principal .3mount of $15,000 plus interest,
whicn is approximately $5,000 at this time. The City Attorney stated
the settlement of this case was discussed at workshop on October 13th
and a tentative conclusion was reached to agree to a settlement of
$12,000, which figure the City Attorney recommends. The City Manager
stated money is specifically provided in the budget for this item. Mr.
Gent moved to accept the recommendation of the City Attorney and settle
the case of Sommers & Messmer Construction Company, Inc. vs. the City of
Delray Beach in the amount of $12,000, seconded by Mr. Randolph. The
motion passed unanimously.
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11-10-75.
210
6.e. The City Manager stated it was decided at the November 3rd
workshop meeting to consider paying the bill of $10,872.67 to Alley,
Alley & Blue. Mr. Gent moved to pay the bill of $10,872.67 to Alley,
Alley & Blue, seconded by Mr. Randolph. Mr. Sanson stated he would
honor the bill prior to July 1, 1975. Mr. Sanson offered a substitute
motion that the bill of $7,827.19 be paid and the remaining amount be
considered in another motion. The motion died for lack of a second.
Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos -
No; Mr. Randolph - Yes; Mr. Sanson - No, but stated he would agree to
pay $7,827.19; Mayor Scheifley - Yes. The motion passed with a 3 to 2
vote. Mr. Sanson moved to terminate the services of Alley, Alley & Blue
except on the special request and explanation of the City Attorney for
future cases, seconded by Mrs. Krivos. After discussion, Mr. Sanson
remade his motion to terminate the services of Alley, Alley & Blue
effective as of this date, seconded by Mrs. Krivos. The City Attorney
stated he, Mayor Scheifley, the City Manager and John Alley were
scheduled to meet with the Chairman of PERC, Mr. Curtis Mack, and discuss
with him exactly what his intentions and the intentions of the Commission
are relating to the local option in Delray Beach. He further stated the
meeting could be held without the presence of Mr. Alley. Mr. Gent called
for the question. Upon roll call, Council vo~ed as follows: Mr. Gent -
Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes;. Mr. Sanson - Yes; Mayor
.Scheifley - No. The motion passed with a 4 to 1 vote.
6.f. The City Manager stated it was informally decided at the November
3rd workshop meeting to establish the fee of $2,000 for the 1975-76
fiscal year for John's Beach Service concession on the beach. The fee
for 1974-75 was $1,000; for 1973-74 was $4,000; for 1972-73 was $1,000;
for 1971-72 was $2,000; for 1970-71 was $3,000 and for 1969-70 was
$4,000. Mr. Joe Bueller, 314 N.E. 3rd Avenue, Delray Beach, and Mr.
Harry Kabler, owners of John's Beach Service, appeared before Council
to ask for a reduced license fee because of the drop in business and the
increase in operating costs. Mr. Gent asked when John's Beach Service
had bid for this concession since the City Ordinance calls for bids.
I{e suggested the fee remain $4,000 or the service be opened for bids.
The City Attorney stated the ordinances does state this service is sub-
ject to bid, but it is not required. Mr. Sanson stated since this
business has been in operation for 30 years, he felt no bid was necessary.
Mrs. Krivos stated the owners had served Delray Beach for many years
and they had been hurt by the erosion of the beach. She felt $2,000 was
high for a license. Mr. Randolph stated the owners were small business-
men and due to inflation and recession, he felt the fee should be $1,000
this year. After discussion, Mr. Sanson moved that the fee be set for
$1,500, seconded by Mrs. Krivos. 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.
7.a. The City Manager reported the Community Appearance Board has
requested an extension of one month until December 8th to render their
report to the City Council on the s~pplemental criteria of the Community
Appearance Board, approval of which is recommended by the City Attorney.
The City Attorney stated the supplemental criteria is in final form,
but there has not yet been an opportunity for the public to comment on
it. Mrs. Krivos moved to grant the Community Appearance Board an exten-
sion of one month, seconded by Mr. Randolph, said motion passing
unanimously.
7.b. The City Manager reported a communication has been received from
the Boynton-Delray Beach Seventh-Day Adventist Church requesting per-
mission to s~licit funds from December 10 through 24, 1975, approval of
which is recommended by the Solicitations Committee. ~r. Sanson moved
for permission to be granted to the Boynton-Delray Beach Seventh-Day
Adventist Church to solicit funds from December 10 through 24, 1975,
seconded by Mrs. Krivos, said~motion passing unanimously
8.a. The City Manager presented Resolution No. 53-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO.
52-75 RELATING TO PERMISSION GIVEN TO DELRAY BEACH
11-10-75.
POLICE BENEVOLENT ASSOCIATION TO ASSIGN THE 99 YEAR
LEASE THEY HOLD AS LESSEE ON CITY PROPERTY FOR
COLLATERAL SECURITY FOR A LOAN TItE PROCEEDS OF WHICH
WERE TO IMPROVE TtIE PROPERTY LEASED, DELETING THAT
PORTION OF SAID RESOLUTION NO. 52-75 WHICH PROVIDES
NO PHYSICAL CHANGES IN THE PROPERTY UNLESS AUTHORIZED
BY THE CITY OF DELRAY BEACH.
(Copy of Resolution No. 53-75 is attached to the official copy
of these minutes.)
City Manager Mariott reported the Sun First National Bank ob-
jected to a provision in the prior resolution, No. 52-75, which stated
that the mortgagee cannot make any physical changes in the building
without the City's approval. The City Attorney recommended passage of
this change since the building was paid for by the Police Benevolent
Association and the bank has refused to release the funds with this
provision in the resolution. Mr. Sanson moved for the passage of Reso-
lution No. 53-75, 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.b. The City Manager presented Resolution No. 54-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING PEP24ISSION FROM
THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO
FLORIDA STATUTE 171.062, TO REZONE LAND ANNEXED
TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING
CLASSIFICATION CN (NEIGHBORHOOD COMMERCIAL) TO THE
CITY'S ZONING CLASSIFICATION RM-i5 (MULTIPLE FAMILY
DWELLING DISTRICT).
(Copy of Resolution No. 54-75 is attached to the official copy
of these minutes.)
City Manager Mariott stated this had been discussed at workshop
meeting and it was decided to favorably consider passage at tonight's
meeting. This resolution requests the Board of County Commissioners to
pass a resolution allowing the City to hold a public hearing to rezone the
south 200 feet of the north 2170 feet of Section 28-46-43, lying west of
A1A from County zoning CN (Neighborhood Commercial) to City zoning kM-15
(Multiple Family Dwelling) District. Mr. Gent moved for the adoption of
Resolution No. 54-75, 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.
Mr. Sanson asked if the nuisance had been abated on the Glassman
p~operty. The City Attorney replied it has not; he has received a letter
from the County'stating the County Attorney's office has refused to put
the nuisance on the Board of County Commissioners' agenda and has left
it up to the City to handle. He stated if the court finds the annexation
act was invalid and the land is in the County, the City would not be
authorized to enter upon the property. Mr. Sanson asked why the City
could not abate this nuisance since hurricane and fire hazards do exist.
Mr. William Matthews, Delray Beach Shores, stated he felt the City had
the right to abate the nuisance. The City Attorney stated the actual
hazard would exist if a hurricane approached and that a fire hazard is
not a primary, concern. Mr. Sanson suggested the item be placed on the
next workshop meeting agenda.
8.c. The City Manager presented Ordinance No. 44-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 16-4 OF
CHAPTER 16 "LICENSES" OF THE CODE OF ORDINANCES
TRANSFERRING AUTHORITY FOR GRANTING GRATIS LICENSES
FROM THE CITY COUNCIL TO THE BUILDING DEPARTMENT.
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11-10-75.
212
(Copy of Ordinance No. 44-75 is attached to the official copy
of these minutes.)
The City Manager read the caption of the ordinance. A Public
Hearin~ 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. Mrs. Krivos
moved for the passage of Ordinance No. 44-75 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 5 to 0 vote.
8.d. The City Manager presented Ordinance No. 45-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING ARTICLE I OF
CHAPTER 22 "POLICE POWERS" OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH.
(Copy of Ordinance No. 45-75 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. 45-75 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.e. The City Manager presented Ordinance No. 46-75.
'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRA¥ BEACH, FLORIDA, RESTRICTING THE HOURS OF
PARKING ALONG STATE ROAD A-1-A BETWEEN THE }{OURS
OF 1:00 A.M. AND 7:00 A.M. TO ONE-HOUR PARKING
BETWEEN THE CENTERLINE OF CASUARINA ROAD DESIGNATED
BY THE DEPARTMENT OF TRANSPORTATION AS SLD MP 9.328
ON THE SOUTH TO THE NORTH RIGHT-OF-WAY LINE OF
BEACH DRIVE DESIGNATED AS SLD MP 10.358 AND TO
PROHIBIT DURING ALL HOURS THE PARKING OF VEHICLES
BETWEEN SAID BOUNDARIES ALONG STATE ROAD A-1-A
WHICH HAVE A GROSS WEIGHT OF OVER 8,000 POUNDS;
PROVIDING PENALTY FOR VIOLATION THEREOF.
(Copy of Ordinance No. 46-75 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.
Mr. Jeffrey Favitta, 40 South Ocean Boulevard, Delray Beach, owner of
the Del Sol Hotel, asked if any concession could be made that would
allow their hotel guests to use the parking on the beach overnight. He
suggested a sticker program be utilized to allow this. Mr. Sanson asked ~
how such a program would affect the enforcement of the ordinance by the -~/i~i~
Police Department. Police Chief Cochran stated it would be difficult to
enforce. The City Attorney stated this type of change would cause the
ordinance to go back to first reading and it would have to apply uniformly
to everyone along the beach. Mrs. Favitta asked why the beach owners
have so much to say concerning the beach property. Mrs. Matthews stated
the beach owners are trying to maintain a high quality of life in the
area. There being no further objections, the Public Hearing was closed.
Mr. Sanson moved for the passage of Ordinance No. 46-75 on ~~reading
with the comment he would attempt to find a method of amend~'~e
ordinance in the future, 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.
11-10-75.
213
8.f. The City Manager presented Ordinance No. 52-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH LOT 34, 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.
The City Manager stated this would annex Lot 34, Lake Shore
Estates, subject to R-1AA zoning. The City Manager read the caption of
the ordinance. Mr. Gent moved for the passage of Ordinance No. 52-75
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.g. The City Manager presented Ordinance No. 53-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 "LICENSES"
OF THE CODE OF ORDINANCES BY AMENDING, AS AMENDED,
SECTION 16.11 PERTAINING TO BUSINESS LICENSE TAX
LEVIED ANNUALLY BY THE CITY; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.
City Manager Mariott stated Council agreed with the City Attor-
ney's recommendation made at the last workshop meeting to revise the
occupational license fee ordinance. The City Manager read the caption
of the ordinance. Mr. Gent moved for the passage of Ordinance No.
53-75 on first reading, seconded by Mr. Randolph. 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.
9.a. The City Manager reported the Planning and Zoning Board at a
.meeting held on October 28th recommended by unanimous vote that the
request for preliminary approval for the Bougainvilla Subdivision
(Hamlet-Phase III) be granted. The subject property is part of the
Hamlet tract of land, which is in Section 24-46-42, located south of
Atlantic Avenue between Dover Road and Military Trail in the RM-6
(Multiple Family Dwelling) District. The preliminary plat was approved
by all appropriate departments. Mr. Sanson moved that the preliminary
plat for the Bougainvilla Subdivision be approved, 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 vote of 5 to O.
10. The following Bills for Approval were unanimously approved on
motion by Mr. Gent and seconded by Mr. Randolph.
General Fund ........... ~. . . $284,539.62
Beach Restoration Fund ......... 100,000.00
Federal Revenue Sharing Fund ...... 100,000.00
Utility Tax Fund ............. 2,882.08
The' meeting was adjourned at 10:43 P.M.
APPROVED: ~ (
MAYOR
--7--
11-10-75·
213A
RESOLUTION NO. 53-75
A RESOLUTION OF THE CITY COUNCIL OF T}~ CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO.
52-75 RELATING TO PERMISSION GIVEN TO DELRAY
BEACH POLICE BENEVOLENT ASSOCIATION TO ASSIGN
THE 99 YEAR LEASE THEY HOLD AS LESSEE ON CITY
PROPERTY FOR COLLATERAL SECURITY FOR A LOAN
THE PROCEEDS OF WHICH WERE TO IMPROVE THE PROPERTY
LEASED, DELETING THAT PORTION OF SAID RESOLUTION
NO. 52-75 WHICH PROVIDES NO PHYSICAL CHANGES IN THE
PROPERTY UNLESS AUTHORIZED BY THE CITY OF DELRAY
BEACH.
WHEREAS, the City Council of the City of Delray Beach gave permission
for the assignment of the lease as collateral security set forth in the
caption above and more particularly described' in Resolution No. 52-75; and,
WHEREAS, at the time of passage of Resolution No. 52-75, city
Council added the following amendment "that there would be no physical
changes of the improvements on the property unless authorized by the City
of Delray Beach"; and,
WHEREAS, Resolution No. 52-75 passed with this amendment is not
acceptable to the lending institution to which the assignment of the lease
was being made; and,
WHEREAS, the original building and improvements located upon the
property, which is the subject of the 99 year lease, were fully paid for
not by the City of Delray Beach but by the Delray Beach Police Benevolent
Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council hereby deletes that portion of the
amendment "that there would be no physical changes of the improvements on
the property unless authorized by.the City of Delray Beach".
PASSED AND ADOPTED in regular session on this the 10th day of
November, 1975.
ATTEST:
City Clerk
213B
RESOLUTION NO. 54-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEL~AY BEACH, FLORIDA, REQUESTING PEI~4ISSION FROM
THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO
FLORIDA STATUTE 171.062, TO REZONE LAND ANNEXED
TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING
CLASSIFICATION CN (NEIGHBORHOOD COMMERCIAL) TO THE
CITY'S ZONING CLASSIFICATION RM-15 (MULTIPLE FAMILY
DWELLING DISTRICT).
WHEREAS, on August 4, 1975, by House Bill No. 2203, the State of
Florida Legislature did by Special Act annex various property into the
· City of Delray Beach; and,
.WHEREAS, the property annexed at the time of annexation was subject
to County Land Use Plan and Zoning Regulations; and,
WHEREAS, Florida Statute No. 171.062 requires that when land that
is annexed was previously subject to County Land Use control that prior
to a change in density the City must request permission for such change
from the Board of County Commissioners of the respective County; and,
WHEREAS, the City of Delray Beach has determined that in order
to make the property described below compatable with existing uses of
surrounding properties it should be rezoned from CN (Neighborhood
Commercial) to RM-15 (Multiple Family Bwelling District) the property
is described as follows:
The South 200 feet of the North 2170 feet of Section
28, Township 46 South, Range 43 East, lying West of
State Road No. A-1-A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council hereby requests permission from
the Board of County Commissioners of Palm Beach County to rezone the
property described above which is now located within the Municipal Limits
of the City of Delray Beach from CN (Neighborhood Commercial) to RM-15
(Multiple Familty Dwelling District) which will ~esult in an increase in
the density allowed in such land.
Section ~.--That a certified copy of this resolution is being sent
to each member of the Board of County Commissioners, the County Administra
and the Director of Planning, Zoning and Building.
PASSED AND ADOPTED in regular session on this the 10th day 'of
November, 1975.
MAY
ATTEST:
ty Clerk
213C
213D
ORDINANCE NO. 44-75.
AN ORDINANCE OF TIE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 16-4 OF
CHAPTER 16 "LICENSES" OF THE CODE OF ORDINANCES
TRANSFERRING AUTHORITY FOR GRANTING GRATIS LICENSES
FROM TtIE CITY COUNCIL TO THE BUILDING DEPARTMENT.
WHEREAS, it has been the practice of the City of Delray Beach
for applicants for gratis licenses to apply to the City Council for the
issuance of said licenses; and,
WHEREAS, the City Council has reviewed the requirements of State
Law and City ordinances as to the criteria for the issuance of gratis
licenses; and,
WHEREAS, the City Council has determined that the Building Department
of the City of Delray Beach can adequately and properly apply said standards
in the issuance of gratis licenses,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 16-4 of the Code of Ordinances of the City
of Delray Beach, Florida, be amended as follows:
"Sec. 16-4. Disabled Veterans, cripples, aged persons,
etc., exempt.
Disabled U.S.A. war veterans, all confirmed cripples, deaf
and dumb persons, and invalids physically incapable of
manual labor, widows with minor dependents, and persons
sixty-five (65) years of age or over, shall be allowed the
same exemptions as such persons are now or shall hereafter
be entitled to by law in connection with state and county
licenses. Applications for exemption shall be made to the
~ e~ne~ Building Department of the City. Proof of
disability as '~equired by state law for state and county
exemption shall be submitted with all applications."
Section 2. Applications to the Building Department for a gratis
license shall be made in the form of'a sworn affidavit executed by the
applicant setting forth those facts necessary to,establish the applicant's
right to a gratis license. ~!
PASSED ANb ADOPTED in regular session on second and final reading _
on this the 10th--day of November , 1975.
M .~. y O R ~/' ~ /-
ATTEST:
- ~ City Clerk
First Reading October 13. 1975
Second Reading November 10, 1975
213E
ORDINANCE NO. 4 5-75.
~q ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING ARTICLE I OF
CHAPTER 22 "POLICE POWERS" OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH.
WHEREAS, the purpose of Article I of Chapter 22 "Police Powers" of
the Code of Ordinances of the City of Delray Beach was for the Police
Department to receive.reports from the Federal Bureau of Investigation
with regard to the individuals fingerprinted as required in Article I;
and,
WHEREAS, said results would advise the Police Department as to the
suitability of individual applicants to work in the occupations specified
in Section 22-1 of Article I; and,
WHEREAS, the Federal Bureau of Investigation has discontinued the
practice of sending such reports to local government police agencies for
this purpose; and,
WHEREAS, the City Council of Delray Beach has determined that Article
I of Chapter 22 should be repealed,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article I of Chapter 22 "Police Powers" of the
Code of Ordinances of the City of Delray Beach, Florida, be repealed.
PASSED AND ADOPTED in regular session on second and final reading
on this the 10th day of November , 1975.
MA ~0~
ATTEST: !.
City Clerk
First Reading October 13, 1975
Second Reading November 10, 1975
213F
ORDINANCE NO. 46-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, RESTRICTING THE HOURS OF
PARKING ALONG STATE ROAD A-1-A BETWEEN THE HOURS
OF ~1:00 A.M. AND 7:00 A.M. TO ONE-HOUR PARKING
BETWEEN THE CENTERLINE OF CASUARINA ROAD DESIGNATED
BY THE DEPARTMENT OF TRANSPORTATION AS SLD MP 9.328
ON THE SOUTH TO THE NORTH RIGHT-OF-WAY LINE OF
BEACH DRIVE DESIGNATED AS SLD MP 10.358 AND TO
PROHIBIT DURING ALL HOURS THE PARKING OF VEHICLES
BETWEEN SAID BOUNDARIES ALONG STATE ROAD A-1-A
WHICH HAVE A GROSS WEIGHT OF OVER 8~000 POUNDS;
PROVIDING PENALTY FOR VIOLATION THEREOF.
WHEREAS, the City of Delray Beach, pursuant to Resolution No. 23-75
requested permission from the Department of Transportation, State of
Florida, to establish the parking restrictions set forth above; and,
WHEREAS, Florida Statute Chapter 316.008, Subsection 3, states ~hat
regulation of state roads by a municipality is not permissible until
approval in writing has first been obtained from the Department of Trans-
portation; and,
WHEREAS, the Department of Transportation on July 24, 1975, approved
the establishment of the above parking restrictions and by letter dated
August 19, 1975, from the District Traffic Operations Engineer in Ft.
Lauderdale advising the City of the aforesaid approval,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELP~AY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The hours of parking along State Road A-1-A between the
hours of 1:00 A.M. and 7:00 A.M. shall be restricted so that any one
vehicle during these hours in the area restricted may only park for a one
one-hour parking period. The area to which this restriction shall apply
is from the centerline of Casuarina Road designated by the Department
of Transportation as SLD MP 9.328 as the southern boundary and the north
right-of-way line of Beach Drive designated by the Department of Trans-
portation as SLD MP 10.358 as the northern boundary.
Section 2. That in the area restricted referred to in paragraph
1 above, there is hereby prohibited the parking of vehicles having a
gross weight of over 8,000 pounds.
Section 3. That any person who violates th~ provisions of this
ordinance shall be fined not less than twenty-fi~e dollars ($25.00) for
each violation.
PASSED AND ADOPTED in regular session on second and final reading
on this the 10th day of November , 1975.
- J City Clerk
First Reading October 13, 1975
Second Reading November 10, 1975