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05-23-77 MAY 23, 197'7 A regular meeting of the City Council of the City of Delray Beach, Florida, was ]]eld in the Council Chambers at 7:05 P. M., Monday, May 23, ].977 with Mayor James II. Scheifley presiding, and the City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council mcmbers Robert D. Chapin, David E. Randolph, Aaron I. Sanson, IV, and Leon M. Weekes, present. 1. The opening prayer was delivered by John Souden. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Sanson moved for the approval of the minutes of May 9~~ 1977, seconded by Mr. Weekes. Said motion passed unanimously. 4.a. Mr. Sanson asked that the city Manager schedule for work- shop consideration the preparation of an annual report that could be given out to the public. Also, he would like for Council to be supplied with monthly Departmental summary reports for discussion. The City Manager stated that these items are scheduled for workshop. 4.b. Mr. Sanson requested that a status r'eport from the City Administration on the City's compliance with the local government Comprehensive Planning Act of 1975 be scheduled for workshop. 4.c. Mr. Sanson suggested that, under the signature of the Mayor ~nd on behalf of the Council, that thank you letters be preDared and sent to ~epresentative Bill James and other members of the delegation who supported Mr. James' efforts to include the $500,000 Beach Restora- tion Funds in the State Budget. Bill James introduced the amendment on the floor, argued for it; however, it was defeated and feels the Council should at least acknowledge the effort. Mayor. SCheifley s~.ated he agrees but asked Mr. Sanson if he would agree to wait until the appropriation bill is finalized because there is always hope until the bill is finally passed. 4.d. Mr. Sanson rePorted that the two abandoned house~ on the property owned'by Mr. John Brennan at Germantown Road and Linton Boulevard were removed over tl~e weekend and he feels Council should thank him for his cooperation. It was agreed the City Manager should write Mr. Brennan a letter of thanks. 4.e. Mr. Sanson requested that Council consider at a future workshop for discussion, the non-profit organizations that quality for tax exemptions. Council recently added to the Zoning Code Life Care Facilities and other forms of non-profit organizations that cater mainly to retired people. In the case of Lake Delray Apartments, he · was told they were appraised for some three million dollars, this means approximately $30,000 in tax revenue for the City is being lost. Another example, which is on the agenda for tonight, is Abbey of Delray. When that property is completed it will be worth every~bit as much as Lake Delray, if not more, and the City will be losing a like amount of tax revenue. These two pieces of property alone amount to about a sixth to a fifth of a mil and, obviously, if they are not paying it, the rest of the taxpayers of Delray Beach have to assume the burden and he questions how fair this is. He stated he talked to the Planning & Zoning Board about this matter last week and they had some.reservations as to whether or not this'was a zoning matter. He offered son, thought, not for discussion, such as amending the Zoning Code to include approval for these projects on the basis that they are nontax exempt. Another thought would be that Council, as part of the site.plan development, would require them to sign contracts. with the City, if they are tax exempt, for police and fire protection. He stated with the magnitude of the complexes that are coming in he feels it is a serious problem and that Council should discuss it. 4.f. Mayor Scheifley sta-ted ].a~!;t week Df,?. Reed, Principal of Boca Raton High School and Kelly Brown, Assist~t Principal, advised him that there will be a meeting tomor]~-ow night in West Palm Beach (May 24, 1977) for the purpo~','~ 'of discussing the building of two large educational complexes; one west of Lake Wot-th and one west of Delray Beach and they are very anxious for som~,'~ne to attend this meeting. The Mayor stated he does no[~ feel thaL he is a 'very good representative for the City in that he doesn't have children, he is not planning to be on Council next year and feels it should be someone who would possibly be on the Council next year because it is a long range program; it is a very large complex of housing, school, recrea- tion and eating facilities. The meeting will be held at 3323 Belvedere Road, West Palm Beach. Mr. Sanson stated he will be unable to attend due to a _ meeting of the Coastal Zone Citizens Advisory meeting in Stuart; Mr. Chapin stated he has a prior engagement that is hard for him to miss. Mr.. Weekes stated'he would attend the meeting and the Mayor suggested he get in touch with Mr. Reed or Mr. Brown for more details about.the meeting and inform them that he will be attending. 4.g. Mayor Scheifley introduced Mr. Bob Richmond, Public Relations for Elks Lodge No. 1770 and Mr. Alan I{art, the exalted ruler of Elks Lodge No. 1770 who presented Mr. Joe Cotie the Citizen of the Year Award for outstanding servig~s to the community in connec- tion with the Bi-centennial celebration. Mr. Cotie accepted the award in behalf of the committee, the City Council, the City Manager, the Recreation Department and the citizens of Delray Beach and expressed his appreciation. 5. There were no public requests from the floor. 6.a. The City Manager reported that the next regular, workshop meeting on Monday, May 30th is a City Holiday and asked if Council would be able to 'meet on Tuesday night, May 31, 1977. It was so stated that the next regular workshop meeting will be held on Tuesday, May 31, 1977 at 7:00 P. M. 6.a.1. The City Manager reported that a recent recommendation of the Board of Adjustment on a new set of rules of procedure for the operation of the Board'will be scheduled for a future workshop meeting. 6.b. The City Manager reported that the term of the City's representative, Council member David Randolph, on the Community Development Program's Citizen Action Co~Tumittee, has expired and he has expressed his desire to continue as the representative for the City. Therefore, it is suggested that Council consider nominating Mr. Randolph for reappointment to the Citizen Action Committee. The appointment is subject to County Commission decision. Mr. Chapin moved that Council recommend to the County. Commission the reappointment of Mr. Randolph to serve on the Citizen _ Action Committee, seconded by Mr. Weekes. Said motion passed unani- mously with Mr. Randolph abstainfng. 6.c. The City Manager reported that the Planning & Zoning Board, at a recent meeting, recommended that the approval of the site plan for Sabal Pine South be extended for 18 months until November 23, 1978. This was discussed at the Council's last workshop meeting held on May 16th and is before Council for approval consideration. \ Mr. Sanson moved.that the Site Plan extension be granted for Sabal Pine South for a period of 18 months, seconded by Mr. Randolph. Said motion passed unanimously. - 2 - 5/23/77 239 6.d. The City Manager reported that at the May 16th workshop meeting Council informally agreed to the reappointment of William M. Nix as a regular member of the Financial Advisory Board to a term ending April 12, 1978; the appointment of Evert A. Young as a regular member to a term ending April 12, 1978; and Walter H. Anstey as a regular member to a term ending April 12, 1978. Alt~ernate~member vacancies will be considered at a later date. Mr. Chapin moved for the reappointment of William M. Nix as a regular member of the Financial Advisory Board to a term ending April 12, 1978; the appointment of Evert A. Young as a regular member to a term ending April 12, 1978; and Walter H. Anstey as a regular member to a term ending' April 12, 1978, seconded by Mr. Sanson. Said motion passed unanimously. Mr. Sanson noted that C~uncil considered appointing alternates and he wondered if Council was prepared to do so. Mayor Scheifley stated he would rather wait until Council receives recommen- dations from the Financial Advisory Board along with recommendations from Council members and present them at the next workshop meeting. Paul Friend, 1320 S. W. 20th Terrace, Delray Beach, stated he attended the Financial Advisory Board meeting and they did not discuss the alternates and to his knowledge there was nothing discussed as to presenting recommendations to Council. Mayor Scheifley asked the City Manager to get in touch with Mr. Young between now and next Tuesday to see if the Board has any recommendations for two alternate members along with the Council recommendations so that an informal decision can .be made; the City Manager stated he would and this item would be on the workshop agenda for next Tuesday night's meeting. 6.e. The City Manager reported that the Planning & Zoning Board recommended by unanimous vote at a meeting held on April 19th, that the parcel of land located on the north and south side of E~st Atlantic Avenue between the Intracoastal Waterway and the ocean be rezoned from GC (General Commercial) District to LC (Limited Commercial) District. It is before Council for consideration to request the City Clerk to notify the property owners in the area of the proposed rezoning in accordance with provisions of the Home Rule Act or refer it to a future workshop meeting. Mr. Chapin stated the original boundaries were drawn and then they were revised by the Planning Director at the request of the Planning & Zoning Board. Mr. Chapin questioned if this includes the revised boundaries limiting the commercial use to permit those who have residential properties to build residential.. Mr. Kotulla, Planning Director, stated "no" and the way it was advertised it was to rezone what.is presently zoned GC. Their feeling was to go ahead with this rezoning and later on change the zoning to bring it in conformance with the Land Use Plan. He.stated this had never been discussed and, when the public hearing was held on this, Planning & Zoning had no idea they were going to realign the boundaries; they did not know there was a problem existing until the advertising went out. The City Attorney stated if Council'wants to proceed and zone part of the area that was included in the Planning & Zoning Board recommendation LC, they could, even though not all of it is included but they cannot include land that was not included in the notices that were sent out.' He stated, if it is ultimately intended Dnd adequately reflected in terms of the intention of the Planning & Zoning Board to rezone portions of the property to a different zoning classification in the near future, Council might as well proceed and exclude those portions. - 3 - 5/23/77 2.t0 Mr. Frank Carey, Chairman of the Planning & Zoning Board, stated excluding the properties does not solve the problem because the properties are currently commercial. They discovered, as an example, that half the apartment houses on East Road are in commercial zoning and they thought they were in Miltiple Family Zoning District until it was advertised for the rezoning of this area. What has to be done is rezone the properties which are currently only limited to Multiple Family use at this time. The petition which Council is dealing with tonight doesn't change the outline of that area; it is going from General Commercial to Limited Commercial. Mr. Weekes commented that he thought the problem he heard discussed was one revolving around Salina where a gentleman wanted to build a private residence, found it was zoned commercial and in order to permit him to build'a dwelling it had to be rezoned to Multiple Family or some other category that would permit residen- tial construction. Whatever the shortest route is to accomplish this, that is the one Council should take. The City Attorney stated in any event there will have to be a publiq hearing at Planning & Zoning Board level and it is not going to be any shorter to take them out. It would be better and more precise by excluding those areas if Council could pin them down precisel~ but since they cannot, then h~. suggests to go ahead with it as it is. Mr. Sanson asked if.Council is going to be addressing the problem of the gentleman from Bermuda Inn at some point. Mr. Chapin stated he raised that question and it is going to be taken care of. Mr. Chapin moved that the City Clerk be instructed to notify the property owners in the area under consideration of the. proposed rezoning, seconded by Mr. Weekes. Said motion Passed unanimously. 7.a. Mayor Scheifley acknowledged the minutes of the Beautifi- c~-on Committee for the May 4, 1977 meeting. He suggested, as a result of the minutes and being in favor of the Bottle Law, that Council instruct the City Attorney to draw up a resolution for the purpose of saying to the Legislature that Council supports the Bottle Bill. Mr. Sanson stated he agrees with the Mayor; however, according to the morning paper about a week ago, it was stated that that bill had been defeated in committee and is therefore, dead. Mayor Scheifley suggested that Council let the Legisla- tors know between now and the next session its feelings on the matter. 8. a. The City Manager reported that Resolution No. 28-77, authorizing the execution of an interlocal Agreement creating the Metropolitan Planning Organization for West Palm Beach Urban Study Area~ was discussed at the May 16th Council workshop meeting and is before Council for passage consideration. The Metropolitan Planning Organization will undertake transportation planning and programming in the West Palm Beach Urban Study Area. The City Manager presented Resolution No. 28-77: A RESOLUTION OF THE CITY .COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY'S EXECUTION OF AN INTERLOCAL AGREEMENT UNDER FLORIDA STATUTES 163.01 CREATING THE METROPOLITAN PLANNING ORGA- NIZATION FOR THE WEST PALM BEACH URBAN STUDY AREA, SUBJECT TO SAID AUTHORIZATION NOT CREATING ANY FINANCIAL OBLIGATION ON THE CITY OF DELRAY BEACH TO FUND THE METROPOLITAN PLANNING ORGANIZATION. - 4 - 5/23/77 241 (Copy of Resolution No. 28-'?7 is on f~le in the official Resolution Book.) The City Attorney stated there has been one change in the Resolution which is the adding of Section 4 which clarifies the City's understanding that it does not involve any financial undertaking as far as the City of Delray Beach is concerned to enter into this agreement. Mr. Randolph moved for the passage of Resolution No. 28-77, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. sanson asked if it is to be assumed that the agreement has to be accepted as an all or nothing proposi- tion or can there be amendments on the part of Council. The City Attorney stated any amendment offered will have to be circulated to all t~e other participants in the Interloca! Agreement for their approval. Mr. Sanson stated he has a general apprehension about the structure itself but since it is going to be, he is happy that Delray is part of it and Council has a direct say on it in the form of Mr. Randolph. However, he feels it ~ an unnecessary level of bureauracy. 8.b. The City Manager reported that Resolution No. 29-77. designating the month of June as "Beautification Month" has been prepared for Council consideration. The City Manager presented Resolution NO. 29-77: A RESOLUTION OF THE CITY COUNCIL OF THE CI'TY OF DELRAY BEACH, FLORIDA, DESIGNATING THE MONTH OF JUNE, AS "BEAUTIFICATION MONTH". (Copy of Resolution No. 29-77 if on file in the official Resolution Book.) The City Manager reported that an eleven person committee has been fo~aed on the west side of Delray Beach, which is being chaired by Mrs. Charlotte Durante, and one of the things that will be very useful to the work of this committee as well as to the City Administration in attempting to do the best the City can in regards to beautification and clean-up generally, would be the passage of this resolution. Mrs. Charlotte Durante, 326 Washington Terrace, Delray Beach, spoke on the background of this committee which was formed approximately two years ago and introduced some of the members. During the past year they.have gotten about three pages of suggestions that'they want to work on and wi~h the adoption of Resolution No. 29-77, they will be ready to launch out on some of the things they have been planning and discussing; with the support of the City they feel these things can be accomplished. Mr. Randolph moved for the adoption of Resolution No. 29-77, seconded.by Mr. Chapin. Upon roll call Council~voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. 'Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. .Said motion passed with a 5 to 0 vote. Before roll call Mayor Scheifley stated to the City Manager that for about six weeks he has been asking Mr. Harvel and Mr. Reid to clean up the two lots at the southwest corner of 5th Avenue and Atlantic Avenue where there is equipment and concrete - 5 - 5/23/77 blocks on one lot and a trash pile in the cc?nter of the other lot. He asked the City Manager if he would make a note of this because Mr. Reid and Mr. Harvel have not, as yet, been successful in getting these lots cleaned up. Mr. Sanson requested that the City Manager provide Council a report on the status of %he two ].ohs that DOT owns next to 1-95 that they were going to give the City for parks; the City Manager stated that is on his list to bring before Council. Mr. Sanson commended the members of the committee in regards to the beautifying of the west side of Delray Beach. ' Mayor Scheifley stated there has been a tremendous improvement in that area in the last year or two and he has heard many favorable comments. 8.c. The City Manager reported that Resolution No. 30-77, - establishing and adopting certain Comprehensive Land Use Planning Elements, was discussed at the May 16th workshop meeting and two previous meetings and is before Council for passage consideration. The City Manager presented Resolution No. 30-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 9-76 WHICH ESTABLISHED THE COMPREHENSIVE MASTER PLAN FOR THE CITY OF DELRAY BEACH BY REPEALING SECTION 1, SUBSECTION (k) AND ENACTING IN ITS PLACE A NEW SUBSECTION (k) PERTAINING TO A MASTER LAND USE PLAN MAP AND LAND USE PLAN UPDATE REPORT, AND BY ADDING NEW SUBSECTIONS (r) RECREATION FACILITY PLAN, (s) CODES ENFORCEMENT REPORT, (t) HOUSING ASSISTANCE PROGRAM, AND REPEALING ANY OTHER PART OF RESOLUTION NO. 9-76 OR. OTHER RESOLUTIONS WHICH MAY BE IN CONFLICT WITH THE NEWLY ADOPTED PROVISIONS OF SUBSECTIONS (k), (r), (s), AND (t). (COpy of Resolution No. 30-77 is on file in the off'icial Resolution Book.) The City Attorney stated he would like for City Council to pass this in essence on first hearing as they do with some ordinances and establish a hearing date of June 13, 1977 to have a public hearing on the amendments reflected in this resolution. He stated the reason he is asking that this be done is because this has been prepared as an amendment to the existing Comprehensive Plan rather than the adoption of a new Comprehensive Plan. It is an amendment to a plan · adopted under the special act that created the Area Planning Board which has been in force and effect in Palm Beach County for sometime. Because of some of the requirements of. the local government Compre- - hensive Planning Act, and the fact an Attorney General's opinioD has been written about interim comprehensive plans, he would appYeciate it if this would be approached from the standpoint of amending the existing Comprehensive Plan. The City Attorney noted in the third sentence of the caption of the resolution where it states "BY ESTABLISHING", it should be~WHICH.ESTABLISHED.~ Mr. Sanson 'stated in the!first sentence of the first WHEREAS clause'the word "advise" should be advice. .Mayor Scheifley asked the City Attorney if he had discussed this with Mr. Leal or Mr. Carey; he stated he talked to Mr. Kotulla, however, this is more of a technical matter than a Planning & Zoning matter. - 6 - 5/23/77 243 Mr. Chapin moved for the adoption of Resolution No. 30-77, and to instruct the City Clerk to notify the public of 'the public hearing on the Second and Final reading of this motion to be held on June 13, 1977, and to include the correction of the typographical errors raised by Mr. Sanson and the City Attorney, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. Sanson asked the City Attorney - after the public hearing does this plan automatically go into effect. The City Attorney stated it goes into effect to the extent that a plan adopted under that act would go into effect, which means that it is only a guide, it's only for informational purposes to the extent that it provides valid information for legislation. Upon question by Mr. Sanson, the City Attorney advised that the planning board can pro- ceed with the rezonings immediately. 8.d. The City Manager reported Resolution No. 31-77, requesting. permission from the Palm Beach County Board of Commissioners to rezone land to be annexed to the City on the north side of Lake Ida Road between Barwick Road and Congress Avenue from AG (Agricultural District) (County Zoning) to PRD-7 (Planned Residential District) (City Zoning) was informally agreed to by Council at its workshop meeting on May 16th and is before Council for formal passage consideration. The City Manager presented Resolution No. 31-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062,. TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION AGRICULTURAL TO THE CITY'S ZONING CLASSIFICATION PRD-7 (PLANNED RESIDEN- TIAL) DISTRICT, WHEN THIS ZONING CLASSIFICATION IS ADOPTED. (Copy of Resolution No. 31-77 is on file in the official Resolution Book.) At this point Mr. Weekes left his chair due to potential conflict of interest. Mr. Randolph moved for the passage of Resolution No. 31-77, Seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson'- Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. Before roll call Mr. Sanson Stated he would like the City Attorney to investigate something and report back to Council' which is, upon approval of the total site plan of this project which is going to be presented for Council, will the waterbody be allowed to be used in computing the overall density of the plan? Mr. Kotulla stated their definition for density would include all lands, be it water, or otherwise; it. is included in your legal survey. Mr. Weekes returned 'to his chair. 8.e. The City Manager reported Resolution No. 32-77, authorizing the' execution of an agreement with the Department of Transportation to participate in the pavement marking demonstration program is before Council for passage consideration. - 7 - 5/23/77 The City Manager presented Resolution No. 32-77: A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF DELRAY BEACH, FLORIDA, TO ENTER · INTO AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PARTICIPATE IN THE PAVEMENT MARKING DEMONSTRATION PROGRAM WHICH WILL BE FINANCED ONE HUNDRED PERCENT (100%) BY THE FEDERAL GOVERNMENT PURSUANT TO SECTION 205 OF THE HIGHWAY SAFETY ACT OF 1973. (Copy of Resolution No. 32-77 is on file in the official Resolution Book.) The City Manager noted that the-cost of this program is 100% reimbursable by the Federal Highway Administration and the only expense the City would in~ur would be in traffic counts and record keeping. It has a standard type indemnification clause whereby the City agrees to hold DOT harmless from any claims, demands or suits arising out of the activities concerning this agreement. He stated · this is a new Federal Program being administered by the Florida Depart- ment of Transportation and is basically a street and highway~marking program aimed toward securing better moving of traffic and increased safety on the streets and highways. Mayor Scheifley asked if this would, in any way, include traffic lights; the City Manager stated it does not but does include any kind of marking ow pavements. Mr. Sanson asked about the agreement mentioned in the Resolution; the City Attorney stated the Engineering Department has · worked this out with DOT and if Council members would like to see it it can be distributed to them. The City Manager stated the program is estimated to be valued at $62,998~49 and if the City applies for it, there is a chance they can be approved for the program. 'Mr. Chapin moved for the adoption of Resolution NO. 32-77, seconded by Mr.. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 11-77, relative to rezoning a parcel of land in Section 9-46-43, north of N. E. 8th Street between N. E. 7th Avenue and U. S. No. 1 from RM-15 (Multiple Family Dwelling) District to GC (General Commercial) District was passed on First Reading at the April 12th meeting, at which time a public hearing was held and is before Council for passage consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 11-77: _ AN ORDINANCE OF THE CITY COUNCIL OF THE . CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING DISTRICT) IN GC (GENERAL COMMERCIAL DISTRICT) SAID LAND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAS~, AND LOCATED NORTH OF N. 'E. 8TH STREET BETWEEN N. El 7TH AVENUE AND U. S. #1, AND AMENDING "ZONING MAP OF DELRAY .BEACH, FLORIDA, 1976". (Copy of Ordinance No. 11-77 is on file in the official Ordinance Book.) - 8 - 5/23/77 The City Manager read the caption of the ordinance. Mr. Weekes moved for the passage on Second and FINAL Reading of Ordinance No. 11-77, seconded by Mr. Sanson. Upon roll call Council voted as follows: .Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. '8.g. The City Manager reported that Ordinance No. 24-77, repealing Chapter 24, Inter'im Services and Facilities Fee of the Code of Ordinances, was passed on First Reading at the May 9th meeting and is before Council for passage consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 24-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 24, ARTICLE III, "INTERIM SERVICES AND FACILITIES FEE", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING AN~EFFECTIVE DATE. (Copy of Ordinance No. 24-77 is on file in the official OrdLnance Book.) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of'the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 24-77 on Second and FINAL Reading, seconded by Mr. Weekes. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mayor Scheifley stated he is doing this vary reluctantly and feels the courts are wrong and it is unfair to the taxpayers of the City of Delray Beach; there should be some legal way-of .obtaining these fees rather than let people on the tax rolls free for eleven months without paying any taxes or services while living in their houses. 8.h. The C~ty Manager reported that Ordinance No. 25-77, amending Chapter 14A "Garbage and Trash" of the Code of Ordinances .relative to delinquent accounts,was passed on First Reading at the May 9th meeting and is before Council for passage consideration on -Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL.Reading, a publi~ hearing has been scheduled at this time. The'City Manager presented Ordinance No. 25-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14A "GARBAGE AND TRASH" OF THE CITY'S CODE OF ORDINANCES BY REPEALING SECTION 14A-8(C) DELINQUENCY; DiSCONTINU- ANCE OF SERVICE AND INSERTING IN ITS PLACE A NEW SECTION 14A-8(C) PROVIDING FOR FILING A LIEN AGAINST THE PROPERTY AND FORECLOSURE OF SAID LIEN ON DELIN- QUENT BILLS, THE OWNER BEING RESPONSIBLE FOR ALL COSTS AND ATTORNEY'S FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. '' - 9 - 5/23/77 (Copy of Ordinance No. 25-77 is on file in the official Ordinance Book.) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Sanson moved for the passage of Ordinance No. 25-77 on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. 8.i. The City Manager reported that Ordinance No. 26-77, amending Chapter 27 "Water and Sanitary Sewerage" of the Code of - Ordinances relative to delinquent accounts which is a companion ordinance' to Ordinance NO. 25-77, was passed on First Reading at the May 9th meeting and is before Council for passage consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second-and FINAL Reading, a public hearing has been scheduled at this time. The City Manager presented Ordinance No. 26-77: AN ORDINANCE OF THE CITY'~OUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 "WATER ~D SANITARY SEWERAGE" OF THE CODE OF ORDINANCES.OF THE CITY OF DELRAY BEACH BY AMENDING THE CAPTION OF SECTION 27-5 TO ADD PROTEST AND' APPEAL PROCEDURE; REPEALING SECTION 27-5(a) AND INSERTING A NEW SECTION 27-5(a) RELA- TIVE TO TERMINATION OF DELINQUENT WATER ACCOUNTS SUBJECT TO FILING A PROTEST AND REQUEST FOR HEARING, PROCEDURE FOR HEARING; REPEALING SECTION 27-29 AND INSERTING A NEW SECTION 27-29 RELATIVE TO TIME AND METHOD OF PAYMENT FOR SEWER SERVICE SO AS TO COMPLY WITH THE PRO- VISIONS AND PROCEDURE SET FORTH IN SECTION 27-5 RELATING TO A DELINQUENT ACCOUNT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 26-77 is on file in the official Ordinance Book.) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the passage of Ordinance No 26-77 - on Second and FINAL Reading, sec6nded by Mr. Weekes. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. Sanson asked the City Attorney if all the language in the ordinance will meet the court's order; the City Attorney said yes. Mr. Sanson stated it i~ interesting that three of the ordinances that. Council is passing are the results of court decisions striking past ordinances the City has had on the books. The City Attorney stated that these are stipulated settlements approved by court older and not the results of court orders. - 10 .- 5/23/77 247 8.j.. The City Manager reported that Ordinance No. 29-77, ~mending Chapter 29 "Zoning" of the Code of Ordinances relative to lots of record was passed on First Reading at the May 9th meeting, and is before Council for passage consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 29-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~4ENDING CHAPTER 29 "ZONING" OF TIlE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-17(D) TO ADD THE WORDS "OF RECORD" AND "AREA AND LOT"; REPEALING SECTION 29-24(B) AND INSERTING A NEW SECTION 29-24(B) RELATING TO LOTS OF RECORD NOT MEETING MINIMUM LOT DIMENSIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE · DATE. (Copy of Ordinance No. 29-77 is on file in'the official Ordinance Book.) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida2 The public hearing was closed. The City Attorney stated he noticed that this ordinance has the ten day effective date on it and he was wondering whether or not Council would want to amend that and make it effective on Second and FINAL'Reading. Under the Home Rule Act, it would go into effect automatically ten days after it is passed; however, it is within the power of Council to pass it and make it effective on Second Reading. Mayor Scheifley asked the City Manager in light of the permits and so forth of Bass Creek, would it be of any advantage or desirable to the Administration to have this become effective on Second and FINAL Reading. The City Manager stated perhaps there would be some slight advantage but he would favor letting it become effective in its natural course. The City Attorney asked if Council would prefer this as policy because sometimes when he is preparing ordinances and he thinks an ordinance should be effective immediately, he automatically puts in the ordinance that it becomes effective immediately and other ordinances he leaves it at ten days; on others he is completely silent on the subject and if it is Council'.s policy he will put the ten days on all ordinances. Mr. Chapin stated he thinks it should be Council's policy unless there is an emergency nature and then that could be brought to Council for consideration. Mr. Weekes moved for the passage of Ordinance No. 29-77 on. Second and FINAL Reading, secOnded by Mr. Randolph. Upon roll call Council voted as follows; Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 1 vote. Before r~ll call [he following discussion was had. Mr. Sanson stated to the City Attorney, who was absent upon passage on First Reading of this ordinance, that he had a bad time relating - 11 - 5/23/77 his conversation with him relative to the effect of this ordinance based on his (City Attorney) feelings that the ordinance is defensible. The City Attorney stated at the initial workshop meeting when City Council was discussing the possible repeal of this ordinance he was asked whether or not he thought it was legally defensible in distinguishing between people who did not have permits and those who had permits; he felt that it was defensible against those who did not have permits. To the extent that the minimum lot sizes that the City has in its zoning districts, and all of the City's residential zoning districts have minimum lot sizes, it is a reasonable require- ment to make someone who has a platted lot comply with that minimum lo't requirement to the same extent as someone who has vacant land. The only exception to that would be someone who has processed a plat in the very near recent past and then you turn around and change the lot requirement in the very near future after that, which would be more like a vested right .situation, but anyone who is holding a vacant piece of property that did have two or more platted lots where you're not in the vested rights situation, yes, the minimum lot sizes, in his opinion, would be equally enforceable against them as · against someone with vacant unplatted land. Mr. Sanson was of the opinion Council does not have to pass this ordinance and by doing so, Council, in effect, will deteriorate or lower the quality of some areas. The City Attorney stated he was addressing solely the legal issue and the ability to defend the concept of the ordinance and the part of Mr. Sanson is policy. Mr. Chapin st'ated he believes the City Attorney stated that the last paragraph of that particular section which Council is repealing states "thou shall not sell or convey one of those lots'~ was not enforceable and given that fact it was pointed out'by Mr. Seimen.s that a lot owner owning two lots could get around the ordinance by con~eying one to his wife or son and build two separate houses. Therefore, you can get around it in a legal fashion and therefore, it does not behoove Council to enforce conniving. The City AttOrney stated on that particular point, Mr. Seimens pointed out why that language is in there and it is. in there not to prohibit someone from selling the property, but it is' to prohibit them from selling the property so as to effectuate someone getting around the ordinance. In other words, they couldn't sell the property for the purpose of someone then using that property. It would be an argument on the question of a direct prohibition of sell because of the wording. Mr. Chapin stated the City of Delray Beach should.have ordinances on its books that are enforceable and one of the first things he said when elected to Council was he would hope to have a review of the entire ordinances. He stated that this ordinance, in his opinion, is not enforceable and Council is doing the taxpayers and the City Administration a favor bv eliminatinq non-enforceable ordinances. He stated he would hope that the assiqnment that Council ~ave to the City Attornev to contact various Dublishinq firms, municipal Code service and others, to come back and take a bid on reviewing all the ordinances as to their enforceability will be a project Council would address themselves to in the coming months. Mr. Sanson stated that by doing this Council knows what. they ar~ causing,and would ask if anyone from Council has gone out and looked at Bass Creek because you would not be happy with what you see. Although this is an instance where perhaps Council would have had to do something since the permits were issued. He stated he would hate to think that by eliminating this, Council is not doing anything to prevent completely undeveloped lands that are platted and have no permits drawn from being able to create another Bass Creek. _ - 12 - 5/13/77 249 Mr. Weekes asked if Bass Creek meets all the side yard setbacks and it was answered yes; therefore, he stated, it is legal as to the side yards. Mr. Sanson stated a situation is created where a person buying a home cannot upgrade it, build an extra bedroom, put in a porch, hardly anything. Mr. Weekes stated you cannot stop a person from building on his whole lot if he desires to do that. Mr. Sanson stated the reason there are minimum lot size requirements is to try to prevent situations like that or create a situation where a person can improve upon his house if he desires. 8~k. The City Manager reported that Ordinance No. 30-77, amending Chapter 23A "Subdivisions" of the Code of Ordinances relative to dead end streets was passed on First Reading at the May 9th meeting and is before Council for passage consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 30-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23A "SUBDIVISIONS" OF THE CITY'S CODE OF ORDINANCES BY REPEALING SECTION 23A-8(9) RELATING TO DEAD END STREETS AND INSERTING A NEW SECTION 23A-8(9) RELATING TO PE~4ANENT DEAD END STREETS NOT TO EXCEED ONE THOUSAND FEET IN LENGTH; PROVIDING FOR THE PLANNING AND ZONING BOARD TO RECOMMEND THAT PERMANENT DEAD END STREETS BE LONGER THAN ONE THOUSAND FEET; PROVIDING THAT THE FINAL DECISION SHALL BE MADE BY COUNCIL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance NO. 30-77 is on file in the official Ordinance Book.) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 30-77 on Second and FINAL Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed With a 5 to 0 vote. 8.1. The City'Manager reported that Ordinance No. 31-77, amending Chapter 271 "Water and Sanitary Sewerage" of the Code of Ordinances relative to a service charge for returned checks, i~ before Council for passage consideration on First Reading. Passage of this ordinance is made advisable by the ever increasing number of returned checks and the dollar amount involved. The City Manager presented Ordinance No. 31~77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 "WATER AND SANITARY SEWERAGE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY THE ADDITION OF A SECTION 27-37 RELATING TO A SERVICE CHARGE FOR RETURNED CHECKS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Sanson moved for the passage of Ordinance No. 31-77 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. 8.m. The City Manager reported that Ordinance No. 32-77, amending Chapter 14A "Garbage and Trash" of the Code of Ordinances relative to a service charg.e for returned checks, is before Council for passage consideration on First Reading. Passage of this ordinance is made advisable by the ever incrcasing number of returned checks and the dollar amount involved. The City Manager presented. Ordinance No. 32-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14A "GARBAGE AND TRASH" OF THE 'CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 14-A-12 TO ADD A SUBSECTION (d) RELATING TO A SERVICE CHARGE FOR RETURNED CHECKS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved for the passage of Ordinance No. 32-77 on First Reading, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. .8.n. The'City Manager reported that Ordinance No. 33-77, ~mending Chapter 29 "Zoning" of the Code,of Ordinances relative to cocktail lounges and bars~ medical and dental laboratories and .clinics and swimming pool contractors as permitted uses and repealing setbacks along Linton Boulevard, is before Council for passage consideratioh on First Reading. At the May 9th meeting, Council requested the City Attorney to prepare an ordinance effecting the amendments. The City Manager presented Ordinance No. 33-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-10 CC (COMMUNITY COMMERCIAL) DISTRICT SUB- SECTION (B) PERMITTED USES (53) TO ADD COCKTAIL LOUNGES AND BARS; AMENDING 'SECTION 29-11 GC (GENERAL COMMERCIAL) DISTRICT SUBSECTION (B) PERMITTED USES.; SECTION 29-12 SC (SPECIALIZED COMMERCIAL) DISTRICT SUBSECTION (B) PERMITTED USES; SECTION 29-13 CBD (CENTRAL BUSINESS DISTRICT) SUBSECTION (B) PERMITTED USES BY ADDING THE FOLLOWING, WHICH SHALL BE INSERTED IN ALPHABETICAL ORDER WITH THE OTHER PEF~ITTED USES ]%ND THE PErmITTED USES SHALL BE RENUM- BERED, AS REQUIRED, TO ACCOMPLISH THIS PURPOSE: MEDICAL AND DENTAL LABORA- TORIES, MEDICAL AND DENTAL CLINICS; AMENDING SECTION 29-14 LI (LIGHT INDUSTRIAL) DISTRICT SUBSECTION (B) PERMITTED USES; SECTION 29-15 MI - 14 - 5/23/77 251 (MEDIUM INDUSTRIAL) DISTRICT SUBSECTION (B) PERMITTED USES BY ADDING THE FOL- LOWING, WHICH SHALL BE INSERTED IN ALPHABETICAL ORDER WITH TIIE OTHER PER- MITTED USES AND THE PERMITTED USES SHALL BE RENUMBERED, AS REQUIRED, TO ACCOM- PLISH THIS PURPOSE: SWIMMING POOL CONTRACTORS; AMENDING SECTION 29-16 SPECIAL SETBACK PROVISIONS BY REPEALING SUBSECTION (K) WHICH ESTABLISHES SET- · BACKS ALONG LINTON BOULEVARD; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mayor Scheifley questioned the advisability of having two such similar subjects in the same ordinance. The City Attorney stated the index under the section numbers, as indicated and amended, are in'different provisions of the zoning code. This ordinance.was prepared this way to include as many amendments to the zoning code as possible in one ordinance without having ten or fifteen separate ordinances to be passed. Mayor Scheifley asked the City Manager if it would be difficult, administratively, for his staff to pick up these amend- ments. The City Manager stated he agrees with the City Attorney that this is the best way .to handle it and he does not think it.would be difficult at all for his staff. Mr. Chapin moved for the adoption of Ordinance No. 33-77 on First Reading, seconded by Mr. Weekes. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. Kotulla explained why the setbacks along Linton Boulevard were being repealed. He stated that presently there are two categories' that are in conflict with each other; one is a long legal description which nobody can understand and the one that will remain on the books is a lot simpler and easier to enforce. Mr. Sanson stated on the aspect of allowing the cocktail lounges and bars in the CC zone, it is'stated that they shall have an exterior entrance for egress and ingress and asked if this. is to make sure that they would not be inside the mall area. Mr. Carey noted that the cocktail bar and lounge could be inside the mall area,but the mall closes at a given hour and the person running the lounge is not going to be closing at the same time; this would be the purpose of having this entrance and exit. 8.o. The City Manager reported that Ordinance No. 34-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to removing certain uses from the "Conditional Use" category and adding other uses'under the "Permitted Use" category in the MI (Medium Industrial) District is before Council~ for passage conSideration on First Reading. At the May 9th meeting, Council requested the City Attorney to prepare~an ordinance effecting the amendments. The City'Manager presented Ordinance No. 34-77: AN'ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY. BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-15 MI (MEDIUM INDUSTRIAL) DISTRICT (B) PERMITTED - 15 - 5/23/77 USES BY ADDING THE FOLLOWING, WHICH SHALL BE INSERTED IN ALPIIABETICAL ORDER WITH THE OTtlER PERMITTED USES AND TIiE PERMITTED USES SHALL BE RENUMBERED, AS REQUIRED, TO ACCOMPLISH THIS PURPOSE: AUTOMOBILE PAINT, BODY, AND REPAIR SHOPS; PLANTS OR PORTIONS OF LABORATORIES AND RELATED FACILITIES USED IN THE MANUFACTURING OF PROTOTYPES, AND THE PRODUCTION OF EXPERIMENTAL PRODUCTS, OR THE MANUFACTURING OF PRODUCTS; CERAMIC MANUFACTURING; AMENDING SECTION 29-15(C) CONDITIONAL USES BY DELETING THE FOLLOWING, WHICH SItALL BE DELETED FROM THE ALPHABETI- CAL ORDER WITH THE OTHER CONDITIONAL USES AND THE CONDITIONAL USES SHALL BE RENUM- BERED, AS REQUIRED, TO ACCOMPLISH THIS PURPOSE: AUTOMOBILE PAINT AND BODY SHOPS; PLANTS OR PORTIONS OF LABORATORIES AND RELATED FACILITIES USED IN THE MANUFACTURING OF PROTOTYPES, AND THE PRODUCTION OF EXPERIMENTAL PRODUCTS, OR THE MANUFACTURING OF SUCH PRODUCTS; PROVIDING A SAVING CLAUSE;. PROVIDING ~q EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Randolph moved for the passage of Ordinance No. 34-77 on First Reading, seconded by Mr. Sanson. (There was no roll call on this motion). Mr. Chapin questioned the language of the ordinance which states "plants or portions of laboratories and related facilities used in the manufacturing of p~ototypes in the production of experi- mental products" and stated that could include anything and before it is passed on Second and FINAL Reading he would like some input from ~he Planning & Zoning Board. Mayor Scheifley asked Mr. Kotulla what he had in mind in . reference to.related facilities used in the manufacturing of proto- types. Mr. Kotulla stated he could'only assume what is meant; this .. was in the ordinance when he initially came to work for the City of Delray Beach, but thinks basically it pertains to research and development. -- Mr. Chapin moved tha~ Ordinance No. 34-77 be tabled for further discussion and refinement as to precise language, seconded by. Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. The City Manager suggested that this ordinance be referred back to the Planning & Zoning Board. 8.p. The City Manager stated that Ordinance No. 35-77 has Sim'ilar phraseology and asked if Council would'like to have this tabled. Mr. Weekes moved that Ordinance No. 35-77 be tabled and referred back to the Planning & Zoning Board for further consideration, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanso9 - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. Mr. Sanson stated he was prepared to offer an amendment to ordinance No. 35-77 on some other items; it'was suggested that he give those amendments in writing to the Chairman of the Planning & Zoning Board. '' - 16 - 5/23/77 253 8. . The City Manager stated Ordinance No. 36-77, amending ~ter 29 "Zoning" of the Code of Ordinances relative to allowing the conveyance of one half of a duplex lot in the RM-10 and t~-15 zoning Districts is before Council for passage consideration on First Reading. At the May 9th meeting, Council requested the City Attorney to prepare an ordinance effecting the amendment. The City Manager presented Ordinance No. 36-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 29-7(D) RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT AND SECTION 29-8 (D) RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT BY ADDING A SUBSECTION (4) TO PERMIT DUPLEX RESIDENCES ON LOTS WITH MINIMUM SQUARE FOOTAGE OF 8,000 SQUARE FEET AND PE~4ITTING THE CONVEYANCE OF · EACH UNIT AND APPROXIMATELY ONE-HALF OF THE LOT WITHOUT FURTHER PLATTING REQUIREMENT, PROVIDED THAT EACH ONE- HALF OF THE LOT CONTAINS NOT LESS THAN 4,000 SQUARE FEET; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved for the passage of Ordinance No. 36-77 on First Reading, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had. Mr. Sanson stated he voted against this concept when it was added in the RM-6 and since that time he has read at least two articles dealing with zero lot line, has had a discussion with Mr. Kotulla about it, and he is still not convinced that it is that much of an advantage to this City. -He still feels there is going to be some problems presented in the future as a result of this concept and would be opposing this again. Mr. Chapin asked Mr. Sanson if he woUld enlighten the Council on the problems that he sees in passing this ordinance. Mr. Sanson stated it is a natural tendency on his part to be suspicious of what he would consider to be gimmicks and he considers this to be one of the new ones that has come up in the development field.' It is supposed to be the overriding thing; the argument in favor of it is that it will create additional green space along with providing a person specific or exact ownership of this property rather than through the condominium concept. Further, after talking with Mr. Kotulla he does not feel that he Convinced him that, in fact, it does create additional green space. He also questioned how. it's going to work mechanically for maintenance purposes. Mayor Scheifley asked Mr. Sanson if he is Working on the assumption that one person should own every duplex, no one should be able to sell half of it and one of them should always be around; Mr. Sanson replied yes. Mr. Chapin questioned the affect of the density and Mr. Sanson.stated this is where his other question comes in. He feels, if, in the future, you. had a Council composed of people very much in favor of helping developers, allowing as much density as possible, because you created these zero lot lines, you eliminated enough setbacks in areas that a person could build another building _ - 17 - 5/23/77 and put it in the middle of it all; he couldn't do this if he had to have the building in the middle of 'the lot. Mr. Weekes pointed out that a future Council could change the ordinances to permit almost anything they want to and the inclu- sion of this device or this new form of conveying ownership or a new lifestyle, should not weigh on Council. He stated he has said for almost six years now that this Council does not have the right to attempt to tell people the configuration of the units that they put on their land; you give them a density that they must work within and how they use that density is a matter that is determined in the market place by the developer and his purchasers. If this is the coming thing, he thinks Council should accolmmodate it and it does seem it has some advantages.. The question about what would you do if you owned one half of a duplex and the person that owns the other side of the duplex didn't maintain his is no different than the question, if you owned a single family residence and the person next .to you doesn't maintain his lot, in that circumstance there is no difference. Mr. ~Chapin stated he has no qualms or concepts but it is a little unclear in his mind as in terms of the densities. .It was brought out that this does not by itself affect' densit~ but permits lifestyle. 9.a. The City Manager reported that at a meeting held on May 17th, the Planning & Zoning Board recommended by unanimous vote that the conditional use request from Hamlet Tennis Club (Hamlet - Phase II) to allow a tennis club consisting of nine tennis courts on 3.32 acres in the RM-6 (Multiple Family Dwelling) District be approved, subject to the following: .(1) Compliance with the City Engineer's comments as stated in his May 5th memorandum; (2) Compliance with the requirements of the Community Appearance Board as stated in their May 12th letter; (3) That the applicant'shall have one (1) year to complete the improvements as shown on the approved .site plan; and, (4) That the Building Department shall not issue a Certificate of Occupancy until all improvements as shown on the approved site plan are complete. The City Manager Suggested that Council either sustain the recommenda- tion of the Planning & Zoning Board or refer this item to a future workshop meeting. Mr. Chapin moved to sustain the recommendation of the Planning & Zoning Board regarding tennis courts at the Hamlet Tennis Club subject to the various conditions outlined in the preface to the agenda of tonight's meeting, seconded by Mr. Weekes. .Said motion passed unanimously. Before roll call, Mayor Scheifley stated in reading the minutes of the Planning & Zoning Board someone asked a question about bath facilities for the tennis courts and asked Mr. Gaines if he could .enlighten Council. \ Mr. Jack Gaines, one of the developers of the Hamlet, stated they are building a pool across the street from the tenni~ courts and there will be toilet and shower facilities, etc., at the pool which is approximately 150 feet from the tennis courts. The people using the tennis courts may shower at the pool instead of having to go to the clubhouse and those who belong to the tennis '' - 18 - 5/23/77 255 facilities have the rights to the use of the pool facilities. 9.b. The City Manager reported that the Planning & Zoning Board recommended by unanimous vote at its May 17th meeting that the preliminary plat for Abbey Delray, located on the south side of Lowson Boulevard between Congress Avenue and the E-4 Canal and zoned RM-15 (Mulitple Family Dwelling) District be approved, subject to the City Engineer's comments as stated in his April 13th memoran- ~ dum. A second motion passed unanimously, recommending that the final plat be approved. Mr. Joe Martin, 660 Dover Street, Boca Raton, represen- tative for the Abbey Delray, was present to answer any questions. Mr. Sanson asked if this property in its entirety would be tax exempt. Mr. Martin stated he was not in a position to answer that question, but has been under the impression that it is not tax exempt. He stated he noted last week at the Planning & Zoning meeting that Mr. Sanson questioned this and since that time he has attempted to find an adequate solution, not knowing whether or not it would come up tonight. Mr. Martin stated to the best of his knowledge at the present time he does not believe it is exempt, but he would not want to go on record that this is a fact; it is not a charitable organi- zation but'it is a non-profit organization. Mr. Sanson stated he is not.~rying to keep people from having what they want, it's just that he feels very strongly that the first priority of this Council is to insure the financial solvency of this City and every time Council agrees to one of these projects, they are going to be of a tax exempt status and Council is giving away thousands and thousands of dollars in taxable valued property. He stated he is only asking that people who create this should somehow have to pay their fair share of the expenses of running this City. He does not consider it the same as a church or school because you don't have residents there; this place is creating a living community with people who are going to basically have a more exceptional and stronger demand for the resue truck, and police services than other neighborhoods because of their age; therefore, feels they should pay their fair share. Mr. Chapin stated he appreciates Mr. Sanson's speech about Mr. Grainger's project, but that is not the issue before Council; the plan appears to be· well drawn. Mr. Chapin moved for the approval of the preliminary and final plat for Abbey Delray subject to the various conditions outlined in the preface of the agenda, seconded by Mr. Weekes. Said motion passed unanimously. Before roll call the following discussion was had. Mayor Scheifley asked Mr. Martin, if this is approved, when will they s~art. Mr. Martin stated the civil engineers would have to take these plats and with Council's approval this evening, properly execute. them in the County and City and they should be beginning as soon as they could possibly get everyone's okay and a building permit. Mr. Sanson stated in Sunday's Palm Beach Post there was an editorial which is entitled "Don't Allow the Dodge" which has to do with the Juno Beach town Commission which voted unanimously to oppose a project which was going to try to receive tax exempt status; they are doing it and again it is just a question of Council's desires whether they want to pursue this or not..~ Mayor Scheifley ~greed that Mr. Sanson has raised a very good and interesting question and he thinks when Council gets to that point they should look at it very carefully because a lot of people going into these places are not in the disadvantaged or low income class. - 19 - 5/23/77 Mr. Randolph stated he thinks the point Mr. Sanson is trying to make is that he does not want it to reach the too-late state. Mayor Scheifley asked where and when the decision is made as to whether it is tax exempt and does Council have anything to say about it or is it a State Law. The City Attorney stated Council has something to say about it only to the extent that they would like to challenge the tax exempt status and it depends when Council could get into that process and at what stage. They would have to apply to the County, State and to the Federal Government. Mayor Scheifley asked how Council would know when they would apply to be tax exempt; the City Attorney stated Council could make a request to the proper agencies to advise Council as to whether or not they do in fact request it and then at that stage get involved. Also, Council can get involved at the point of challenging a tax exempt status,but this is a very similar question to the question raised by the Stewart case. The Attorney General's opinion is right on the point of Mr. Sanson's question which is "can the City charge someone who is tax exempt just a general fee for City services"; the answer is no because there is no distinction between that and a tax. They do in fact pay for certain City services and can be re- quired; they will be furnished water and sewer, they will have to pay for that by a separate charge; they will be furnished garbage and trash pick-up, that is a separate charge. To the extent that these other type governmental services -'aside from the general govern~.ental services such as police, fire, City Hall Administration, etc., the City has made the conscience choice in passing its ordinances regarding these revenue producing measures to make UP the opera- ting deficit, from some of these, funds other than ad valorem taxatio~ and to that extent you are charging the ad valorem tax- payer for a fee for someone who could legitimately be required to pay that fee. The garbage and trash account has been a deficit in the area of $200,000 for the last five years and that's a legiti- mate fee that could be charged up front, and that is something that is being subsidized out of ad valorem tax revenue. Mr. Chapin stated he thinks the question is a planning matter that is before Council tonight and if~you're talking-about tax exempt status with the Federal Government, the IRS or with ad valorem real estate taxes Council has little or no jurisdiction in that and it's after the fact. But in terms of the variety of types of uses that can someday be occupied in the City of Delray Beach, that Council, has some input on and can plan for and react to. Mr. Sanson questioned if Council gives this final approval do they in any way cut their throats for. any kind of appeal they might have in the future. The City Attorney stated i'f you have a project that is going to be approved - that is going to be tax exempt - to the extent that you can prevent that and you don't, yes, in his opinion, Whether or not it is tax exempt does not at all enter into the criteria of whether or not this should be approved and cannot legally enter into that criteria. Mayor Scheifley advised Mr.'Sanson ~f he wants to pursue~ this issue to prepare some questions for a workshop and talk to the City Attorney. ~.c. The City Manager reported the Planning & Zoning Board, at a meeting held on May 17th, recommended by unanimous vote that the site and development plan for Rainberry Woods, located on the south side of Lake Ida Road between Military Trail and Barwick Road - 20 - 5/23/77 257 to allow a recreation center on 3.2 acres in the RM-6 (Multiple Family Dwelling) District be approved, subject to the following: (1) That the applicant shall have one (1) year to complete the improvements as shown on the approved site plan, and (2) That the Building Department shall not issue a Certificate of Occupancy until all improvements as shown on the approved site plan are completed. The City Manager suggested that Council either sustain the recommen- dation of the Planning & Zoning Board or refer this item to a future workshop meeting. At this point Mr. Weekes left.his seat due to a potential conflict of interest. Mr. Chapin moved that Council sustain the recommendation of the Planning & Zoning Board and approve the site and development plan for Rainberry Woods to allow a recreation center on 3.2 acres · in the RM-6 zoning district, subject to the applicant to have (1) one year to complete the improvement and (2) the Building Depart- ment shall not issue a Certificate of Occupancy .until all improvements as shown on the approved site plan are completed, seconded by Mr. Randolph. Said motion passed unanimously. At this point Mr. Weekes returned to his chair. 10. The City Manager recommended authorization for payment of the City's bills. Mr. Randolph moved that Council authorize payment of the City's bills, seconded by Mr. Chapin. Said motion passed unanimously. General Fund ............ $ 326,313.98 Water. and Sewer ........ 1,684,584.10 Cigarette Tax Fund ....... 6,040.00 Utility Tax Fund .......... 135,030.85 Federal Revenue Sharing F~nd .... 7,274.63 Mr.' Chapin moved for the adjournment of the meeting, seconded by Mr. Randolph. Said motion passed unanimously. The meeting adjourned at 9:06 P. M. City Clerk . APPRQ~ED: ~ 6/ The undersigned is the City. Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council for May 23, 1977 which minutes were formally approved and adopted by the City Council on ~_-~4/ /~, /~. City Clerk NOTE TO READER: If the minutes that you have received are not com- pleted as indicated above, then this means that these are not the official minutes of the City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - - 21 - 5/23/77