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04-28-75 APRIL 28, 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, April 28, 1975, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger .Saberson, Council members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Run I. Sanson, IV, present. 1. The opening prayer was delivered by Rev. ]David Pleasant of the Church of God. 2. The Pledge of Allegiance to the Flag of the United States of A~t]erica was given. 3. The minutes of the regular meeting of April 14, 1975, and special meeting of April 21, 1975, were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Gent. 4.a. Mr. Sanson requested that Council be supplied with copies of the Board of Adjustment minutes, lie asked i',~-. Saberson if any word has been received on appraisals for the beach municipal pool; Mr. Saberson replied it was expected any day. ~r. Sanson stated at the corner of S.E. 4th Avenue and S.E. 1st Street an old, abandoned moving van is situated behind the Delray Beach Trading Post; he requested, in com- pliance with Chapter 15, Section 25, that this be removed. He. also requested that the name of ttarry Barry be removed from the cement surrounding the flag pole on the beach. 4.b. Mayor Scheifley read a Proclamation proclaiming the month of ~[aY, 1975, as AWBA Scholarship Month. on Monday, May 5th, prior to the meeting with the DoynLon $e~ck Ci'Ly Council. 4.d. Mayor Scheifley announced that City Manager J. Elden Mariott has been elected President-elect of the State City and County Hanagers' Association. 4.e. Mayor Scheifley presented some of the legislative items pending before the State Legislature: House Bill 292 - Optional Local Government Sales Tax 1 cent additional sales tax on countywide basis. (50% of the revenue received by the City must be used ~o~:~educe ad valorem taxes). A poll of Council resulted in unanimous approval. (5 to 0). House Bill 660 - Financial Disclosure. Requires all State and Local officials to file Financial Disclosure .Forms. A poll of Council resulted in a 3 to 2 opinion opposed to the bill. House Bill 837 - Impact Fees~ A city or county could levy an impact fee on new construction or improvements. A poll of Council resulted in unanimous approval. (5 to 0). House Bill 567 - Utilities Tax - CATV. Repeal municipal authority to levy a utility tax on Cable TV. Council members unanimously expressed the desire to maintain the right to levy a utility tax on CATV. The poll of Council was reported as favorable on this bill. (5 'to 0). House Joint Resolution No. 674 and Senate Joint Resolution No. 270, and Companion Bills House Bill No. 675 and Senate Bill No. 271 - Municipal Courts and Constitutional Municipal Courts. Introduced for consideration by Mr. Gent. Concerns the postponement of the 1977 abolition date of existing municipal courts. The poll of Council expressed unanimous support for these resolutions. (5 to 0). House Bill 1198 -Creation of Single Member Legislative Districts for House and Senate. Introduced for consideration by Mr. Sanson. The poll of Council resulted in unanimous approval. (5 to 0). It was decided, to notify the Legislative Delegation by wire of the decisions of Council regarding 'the House Bills listed above. 5.a. Mrs. Nettie Durante, 2750 Ponce de Leon Boulevard, De!ray Beach~ requested that the City Engineering Department examine her drive- way recently installed by Hr. Donner, developer of Imperial Villas. She complained of the condition of the asphalt. 5.b. Rev. Se~ie Taylor, 1437 S.W. 3rd Street, Delray Beach, requesSed that traffic lights be installed on West Atlantic Avenue. Mayor Scheifley informed him that lights are scheduled to be installed on West Atlantic Avenue and. 8th and 10th Streets. 5oc. Mr. Tom Ingersoll, Arvilla Hotel, De!ray Beach, stated m~em~ rep~ruca in the newspapers were incorrect concerning possible purchase of property by the City and he pointed out that the City has deeds to the prepe]:ty in question on the c. orner of Atlantic Avenue and A-t-A. He cozrected the prices quoted in the newspapers ~n -I-:b~-'. ~si<:~no ur3_ces of the ]property under considei~hlon for ....... ~ .... 6.a.1~ The City Manager reported copies of the minutes of the Planning and Zoning Board meeting held on April 25, ]_975, were distributed to Council and represen._ed the recommendations made by the Board concerning County property within the City. These recommendations for rezoning were the unanimous consensus of the Board. The purpose of the recommenda- tions for rezoning is to change County zoning to correspond with the City's ].and use ]nap and zoning. It was determined that Item 27 should be deleted. '~' I~.e rezoning recom~nendations are as follows: PARCEL COUNTY COUNTY DELRAY RECOMMENDATIONS FOR REZONING NUMBER ZONING PLAN PLAN IN COUNTY (BY P&Z BOARD) 3 CN Low S.F. (R-1AA) County rezone to RS 6 P~ Low S.F. (R-1AA) County rezone to RS 7 CN Low S.F. (R-1AA) County rezone to RS 8 RH Med. S.F. (R-1A~A) County rezone to RM 9 CG Conun. Med. (RM-15) No Change 10 RM Low S.F. (R-1AA) County rezone to RS 13 RH Comm. Comm. (CC) County rezone to CG 17 RI{ Low S.F. (R-1AA) County rezone to RS 25 CS. Low S.F. (R-1AA) County rezone to RS 27 CG Ind. Ind. (LI) County rezone to IL DELETE 42 CG Conun. High (RM-20) County rezone to RM 45 CN Med. S.F. (R-1AAA) County rezone to RS ~7 CN Med. Med. (P~-15) County rezone to RM ~8 CN Med. Med. (tqM-15) County rezone to RM Mr. Gent moved to sustain the recommendation of the Planning and ,.oning Board on their recommendations to the .County Planning Com- mission and the County Co~mnission deleting Parcel No. 27 and that the position of the Council be transmitted to the County Planning and Zoning Board. Mr. Sanson requested the transmittal include an expression of appreciation for the consideration of the County in this matter. Mr. Randolph seconded the motion, said motion passing unanimously. -2- 4-28-75; 75 6.a.2. City Manager Mariott recommended that Council appoint Carol. Ma'cMi~lan Stanley to serve as Judge Ad Litem for the balance of 1975. Mrs. Stanley has agreed to serve and the firm is agreeable to having her serve. Mrs. Krivos moved that Carol MacMillan-Stanley be appointed as Judge Ad Litem for the remainder of the year 1975~ seconded by Mr. Gent, said motion passing unanimously. 6.a.3. The City Manager reported each year the City files a request for Federal Funds and State Grant Funds in connection with beach restor- ation and beach erosion control program. This year the request was in the amount of $393,360 in Federal Grant Funds and $277,140 in State Funds for the fiscal year 1976-77; an additional $26,000 for study and planning purposes on the beach will be requested orally before the Governor and cabinet in Tallahassee on Wednesday of this week. 6.b. The City Manager recommended that Council set the second regular meeting date of Council to be held during the month of May for May 27th, at 7:30 P.M. The fourth Monday will be observed by the City as a holiday (Memorial Day). ~s. Krivos moved that the second Council meeting in the month of May be held at 7:30 P.M. on Tuesday, May 27~h, 1975, seconded by ~. Randolph, said motion passing unanimously. 6.c. The City Manager recommended that Council authorize by motion ~he placement of a directional sign to serve the Lake Delray Apartments on Lindell Boulevard. Numerous complaints have been received regarding the street numbers at this location. Mr. Sanson moved that permission be granted to erect a directional sign between the 500 and 600 block of Lindell Boulevard, specifically pointing out the location of the Lake Delray Apartments, 600 Lindell Boulevard, seconded by Mrs. I~ivos, said motion passing unanimously. 6.d. The City Manager recommended that Council direct the enforce- ment of the City's nuisance law with regard to clearance of the properties that are in violation of Chapter 15 of the Code of'Ordinances. ~. Gent ................ ~ ~-' ~ ~ ~~ +'~, ~qU~r~ ~m~l~n~ with Chapter 15 of the Code of Ordinances on Lots SD4, 605, 606, 607,'608, 609, 610~ 611, 621 and 622, Tropic Palms, it having been determined that a nuisance exists on said properties, seconded by Mr. Randolph, said motion passing unanimously. 6.e. City Manager Mariott reported the following quotations have been received for selling the City an FM radio tone alerting system to be used by the Fire Department: BIDDER BID Florida Electronics $11,092.34 St. Augustine Motorola, Inc. 11,479.00 Ft. Lauderdale .It is recommended that the award be made to Florida Electron- ics, the low bidder, in the amount of $11,092.34. The City's application for Federal Grant Funds to assist in the purchase of office equipment has been approved in the amount of $5,829.97 and funds are provided in the present budget for the City's 50% share of the cost. Mr. Randolph moved the award be made to the low bidder, Florida Electronics, in the amount of $11,092.34 for 'the purchase of an FM radio tone alerting system for the Fire Department, seconded by F~. Gent, said motion passing ,unanimously. 6.f. The City Manager reported a lien of $40.00 is presently filed against Lots 3 and 4, Block A, West Side Heights, N.W. 10th Avenue. This lien is approximately 14 years old; at that time, the City levied a lien against the property for clearance work without knowledge that the owner had retained a company to clear the property. It is recommend- ed that the City release the lien since the City ]lad hired a company to clear the property at the same time the owner so complied. Mr. Ran- dolph moved that Council authorize cancellation of the City's lien assessment in the amount of $40.00 against Lots 3 and 4, Block A, West Side Heights, seconded by Mr. Gent, said motion passing unanimously. -3- 6.9. City Manager Mariott reported the Planning and Zoning Board unanimously recommended that the City retain the planning firm of Candeub, Fleissig and Associates to update the City's land use plan and zoning ordinance and to complete the City's "701" program. Mrs. Krivos moved that the firm of Canqeub, ~ '~ ~lelssig and Associates be re- tained to update the city's land use plan an~ zoning ordinance and to complete the city's "701" program as unanimously recommended by the Planning and Zoning Board, seconded by ~. Randolph. Upon roll call, Council voted as follows: Mr. Gent - No; Mrs. Krivos - Yes; Mr. Randolph- Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 7.a. The City Manager reported the City had received n'otice from· the County in March concerning several rezoning actions being considered by the County. One of them was the request of Dr. and Mrs. Caldwell to re~one their property to commercial use, located on the north side of Atlantic Avenue approximately one mile east of Military Trail. The City received the request when insufficient time existed for referral ~ to the Planning ard Zoning Board for recommendation and the Council dis- cussed it at workshop. The Council requested a letter be sent to the County objecting to the rezoning for commercial use stating this would not be in conformance with the City's master land use plan. The appli- cants then conferred with City officials and the Planning and Zoning Board and secured from the County a delay in County action in order to attempt to have the City of Delray Beach. withdraw /.ts official opposition to the requested rezoning. Mrs. Caldwell and Mr. Jim Smoot presented nmmerous drawings and plans explaining to Council their proposal to convert 'the property under question to a restaurant. Mrs. Caldwell reported 558 people in the surrounding area have signed a petition supporting the proposal for a restaurant at this location. Mr. Smoot stated if annexation is desirable for control by the City of the use of the area, the applicants would be happy to annex to the City. The land area is 1.92 acres, running north from Atlantic Avenue approximately 680 feet, with a width of 134 feet. Council expressed the desire to refer the matter to the Planning and Zoning Board for a recommendation. Mr. Smoot pointed out the postponement the applicants have received from the County expires May 15, 1975. Mr. Gent suggested that the land ~se p]~n ¼~ amen~e,~ to reflect the "floating dot"~ After discussion~ it was decided to place the matter on the~agenda for ~he special Planning and Zoning Board meeting to be held on May 6, 1975, which would allow a recommendation to be made to Council at the May 12, 1975 regular Council meeting. Mrs. Krivos stated she would be absent at the May 12th meeting, but that her opinion was favorable for the approval of the restaurant. Mr. Randolph moved that Item 7.a. as discussed above be referred to the Planning and Zoning Board's special meeting of May 6, 1975 for con~ent and reco~endation to the City Council at Council's regular meeting to be held on May 12, 1975, seconded by Mr. Sanson, said motion passing unanimously. Subject property is located at 4013 W. Atlantic Avenue. 7.b. The City Manager reported a petition has been received with several signatures r.equesting certain cha~ges be made in the traffic flow in the vicini%~ oT N~E. 8th Street, Swinton Avenue and N.E. 4th Street. It is recormmended that the petition be referred to the City Administration for investigation and action. Mr. Sanson moved the peti- tion concerning traffic flow in the vicinity of N.E. 8th Street, Swinton - Avenue and N.E. 4th Street be referred to'Traffic Engineering for consideration, seconded by Mrs. Krivos, said motion passing unanimously. 7.c. City Manager Mariott recommended that Council authorize the retaining of a firm to secure the necessary aerial photographic work for the upcoming beach renourishment project at an approximate cost of $2,100. This work would b~ performed by Arthur V. Strock & Associates, Inc. Mr. Gent moved that Council authorize Arthur V. Strock & Associates, Inc. to secure the necessary photographic work for the upcoming beach renour~.slunent project at an approximate cost of $2,100, seconded by Mr. Randolph. Mr. Sanson questioned when competitive bidding could be con- sidered on the beach restoration project. The City Manager replied upon the completion of the work Arthur V. Strock & Associates, Inc. are now doing, consideration for competitive bidding could be given. The City Manager and Mr. Noble of Arthur V. Strock & Associates explained the purpose of the aerial, photography. The motion passed unanimously. -4- 4-28-75. '7? 7.d. The City Manager reported Mrs. B. J. Culverhou. ~:, Treasurer for the Community Child Care Center, has requested that the lease between the City and the Child Care Center be cancelled, retroactive to December 8, 1974, as they have purchased property for this center. Council approval is recommended. The leased property is located at the South- west corner of 2nd Street and N.W. 8th Avenue, being Lots 1 through 6 and 19 through 22, Block B, West Side Heights. Mr. Saberson informed Mr. Sanson he should abstain from a vote since he is on the Board of the Child Care Center. Mr. Gent moved that the City agree to the can- cellation of the lease on the City-owned property with the Community Child Care Center, being Lots 1 through 6 and 19 through 22, Block B, West Side Heights, retroactive to December 8, 1974, seconded by Mr. Randolph. Mr. Sanson explained the reasons for the cancellation of the lease. The motion passed unanimously with' Mr. Sanson abstaining. 8.a. The City Manager presented Resolution No. 25-75. A RESOLUTION OF THE CITY COUNCIl, OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING THE COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUD~L COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, 7~ND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CiTY MANAGER OF DELRAY BEACH, FLORIDA. [Copy of Resolution No. 25-75 is attached to the official copy of these minutes.) The City Manager recommended the passage of Resolution No. 25-75 which would assess the cost for clearing property in violation of the City's nuisance law. ~Ir. Sanson moved for the passage of Resolution No. 25-75, seconded by I¥[r. Randolph. Upon roll call, Council voted as ~u-~w~ ~,,,. G~L - Yes; ~,,~s. K~-iv~$ -. Y~s; ~k-. ~uu-H~ - Y~s; ~,~. Sanson - Yes; Mayor Scheifley - Yes. 8.b. The City Manager presented Resolution No. 26-75. A RESOLUTION OF THE CITY COUNCIL OF TItE CITY OF DELRAY BEACH, FLORIDA, TO THE STATE OF FLORIDA LEGISLATURE PROTESTING THE EXPENSE, DELAY AND DIFFICULTY INVOLVED IN ESTABLISHING A LOCAL PUBLIC EMPLOYEES RELATIONS COMMISSION AND LOCAL OPTION LABOR LAW PURSUA~qT TO FLORIDA STATUTE 447.022. (Copy cf Resolution No. 26-75 is attached to the official copy of th. ese minutes. ) The City Attorney reported this resolution is a result of the difficulty and problems that Delray Beach and other cities have had in establishing local option under the labor law statute for public em- ployees in the State of Florida. The resolution is withdrawing the City's application for State approval of the City's local option PERC ' ordinance and will be sent to the President of the Senate, Speaker of the House, the Chairman of the Joint Administrative Procedures Co]mnittee, the members of the Palm Beach County Legislative Delegation and the County. Mr. Randolph moved for the passage of Resolution No. 26-75, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 8.c. The City Manager presented Ordinance No. 9-75. AN ORDINANCE OF TI{Z7 CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACIt CERTAIN LAND, NAMELY LOT 10, LAKE SIIORE ESTATES, WIIICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING TIlE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDING FOR TIIE RIGItTS AND OBLIGATIONS OF SAID LAND; A~D PROVIDING FOR TIIE ZONING TIIEREOF. 4-28-75. (Copy of Ordinance No. 9-75 is attached to the official copy of these minutes.) iq The City Manage~ re~d the captio~ of the ordinance. A Public Hearing was h~ld, h~ving 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. r~ivos moved for the adoption of Ordinance No. 9-75 on second and final reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent -Yes; Mrs. Y~ivos - Yes; ~. Randolph - Yes; Mr. Sanson - Yes; Mayor Schiefley - Yes. 8.d. The City Manager presented Ordinance No. 13-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF TttE CITY OF DELRAY BEACH, AS AMENDED, BY AMENDING SUBSECTION 29-7.4 (F) REGARDING EXTENSION OR RENEWAL OF CONDITIONAL USE APPROVALS BY CITY COUNCIL. The City Manager read the caption of the ordinance. The City Attorney stated this ordinance will allow Council to extend or renew conditional use approvals. Mr. Gent moved for the passage of Ordinance No. 13-75 on first reading, seconded by Mrs. Krivos. .Mr. Sanson ques- tioned how this ordinance would affect the existing projects that are well over the year% expiration period. The City Attorney stated each applicant will have to come before Council requesting extension of site plans and each case will be considered individually. If an extension is granted, it will have to be under the terms under which it was originally granted. Council agreed to discuss this matter at a workshop. Upon roll call,. Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.e. The City Manager presented Emergency Ordinance No. 14'75. ~ EMERGENCY ORDIN~'~CE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING C[~PTER 3 "ADVERTISING" OF TIlE CODE OF ORDINANCES OF THE.CITY OF DELRAY BEACH, AS AMENDED, BY A~ENDING SUBSECTION 3-1 (i) DEFINITION OF POLE SIGN; BY ~4ENDING SUBSECTION 3-10 REGULATIONS GOVERN- ING SIGNS GENEraLLY BY ADDING DEFINITION OF SIGNS ALLOWED WITHIN CITY LIMITS; BY AMENDING SUBSECTION 3-21 NON-CON- FORMING SIGNS - EFFECTIVE DATE FOR REMOVAL; AND BY AMENDING SUBSECTION 3-25 PENALTY FOR VIOLATION OF ARTICLE PROVISIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Emergency Ordinance No. 14-75 is attached to the official copy of these minutes.) The City Manager read the caption of the ordinance. The City Attorney explained this ordinance is a result of the incentive on behalf of the oil companies to erect extremely large signs along 1-95. This. ordinance places a 25 foot height limit on pole signs. The penalty for violation of the ordinance is $100 per day each day the violation exists. The time period for the owner to rectify a sign violating the ordinance has been changed from sixty days to fifteen days. Mr. Sanson stated this was a recommendation from Mr. Roy Reid to Mr. Tore Wallin as Chair- man of the Committee preparing the revised sign ordinance. Mr. Sanson moved for the passage of Ordinance No. 14-75 on first and final reading, seconded by Mr. Gent. Mr. Sent suggested adding the word "agent" under Section 3-21, to read ... at the expense of the owner, agent or lessee ... The City Attorney stated this would be added. Mr. Sanson accepted the amendment, seconded by Mr. Gena. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Mr. Saberson requested that under Section 1, Sec. 301 be changed to read 3-1. -6- 4-28-75. 8.f._ The City Manager presented Ordinance No. 15-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 679 THROUGH 700, INCLUSIVE, TROPIC PALMS SUBDIVISION, PLAT NO. 2, IN "P~4-6 MULT£PLE FAMILY DWELLING DISTRICT"; LOTS 637 THROUGH 678, INCLUSIVE, AND LOTS 701 THROUGH 811, INCLUSIVE, TROPIC PALMS SUBDIVISION, PLAT NO. 2, IN "R-1AA SINGLE FAMILY DWELLING DISTRICT", AN AREA LOCATED IN SECTION 29, TO~qSHIP 46 SOUTH, RANGE 43 EAST, SOUTH OF AUDUBON BOULEVARD, WEST OF HUNGERFORD CANAL, NORTH OF THE LAKE WORTH DRAINAGE DISTRICT C-15 CANAL, AND EAST OF THE SEABOARD COAST LINE RAILROAD AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". The City Manager reported the Planning and Zoning Board at a meeting held on March 18, 1975, reco]mmended by unanimous vote that the zoning on property in Tropic Palms Subdivision, Section 29-46-43, bounded on the north by Audubon Boulevard, on the east by the Hungerford Canal, on the south by the C-15 Canal and on the west by the 1-95 right-of-way be changed as follows: Lots 679-700 from P~4-15 (Multiple Family) Dwelling to PJ;~-6 (Multiple Family) Dwelling. Lots 637-678 from R2~-15 (Multiple Family) Dwelling to R-1AA (.Single Family) Dwelling. Lots 701-811 from R2~-15 (Multiple Family) Dwelling to R-1AA (Single Family) Dwelling. The City Manager read the caption of the ordinance. Mr. Sanson moved ~or the passage of Ordinance No. 15-75 on first reading, seconded by ~r. Gent. Upon 'roll call, Council voted as follows: Mr. Gent -. Yes; Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 8'.g' The City Manager presented Ordinance No. 16-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING ALL OF TROPIC GARDENS, REPLAT OF TRACTS "A" AND "N", AND LOTS B THROUGH H AND LOTS J THROUGH M, TROPIC PALMS PLAT NO. 1, AN AREA LOCATED IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST OF OLD DIXIE HIG}K.~AY, WEST OF U.S. 1, SOUTH OF AVENUE L AND NORTH OF THE C-15 CANAL IN "RM-15 MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING ~AP OF DELRAY BEACH, FLORIDA, 1972" The City Manager read the caption of the ordinance. The Planning and Zoning Board at a meeting held on April 15th recommended by unanimous vote that the zoning be changed from RM-20 to P~4-15 on a parcel of land located east of Old Dixie Highway, west of Federal Highway, south of Avenue L and north of the C-15 Canal in Section 29-46-43. Mr. Rand.olph moved for the passage of Ordinance No. 16-75 on first reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley- Yes. 8.h. The City Manager presented Ordinance No. 17-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING AN AREA LOCATED IN SECTIONS 28, 32 AND 33, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AN IRREGULARLY-S~LAPED PARCEL OF LAND LOCk'fED NORTH OF TIIE C-15 CANAL, WEST OF TIIE INTRACOASTAL WATERWAY, SOUTH OF AVENUE L, AND EAST OF U.S. 1 IN "RM-15 MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". -7- 4-28-75. The City Manager read the caption of the ordinance. The Planning and Zoning Board at a meeting held on April 15th recommended by a vote of 5 to 2 that this property be rezoned from RM-20 to RM-!5, said property lying north of the C-15 Canal, west of the Intracoastal Waterway, south of Avenue L and east of Federal Highway in Sections 28-46-43, 32-46-43 and 33-46-43. Mr. Gent moved for the passage of Ordinance No. 17-75 on first reading, seconded by Mr. Randolph. The City Attorney'stated the City would be in a much better position legally if this ordinance were approved subject to the developer of Treaty Point being allowed to develOp those building permits already received from the City. He suggested that the developers be allowed to complete the construction already begun and that the parcel of land itself be rezoned. Mr. Sanson made an amendment to the motion that the ordinance go into effect contingent upon the five building permits that have been issued being held valid. Mr. Gent refUsed to accept the proposed amen~nent. Upon roll call, Council 'voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.i. The City Manager presented Ordinance No. 18-75. ~ ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING BLOCK 95 (LINN'S ADDITION TO OSCEOLA PARK); LOTS 15 THROUGH 24, BLOCK 87 (LINN'S ADDITION TO OSCEOLA PARK); AND LOTS 13 THROUGH 24, BLOCK 103 (ROEBUCK'S RESUBDIVISION OF BLOCK 103), AN AREA LOCATED IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF S.E. 2ND STREET, B~ST OF S.E. 5TH AVENUE, NORTH OF S.E. 3RD STREET, AND EAST OF S.E. 2ND AVENUE IN "RM-15 MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING ~.~P OF DELRAY BEACH, FLORIDA, 1972". City Manager Mariott read the caption of the ordinance. This ~-~ ........... ~ *~~ ~~ ]~a~d ~u~h of S E 2nd Street, west of S.E. 5th Avenue, north of S.E. 3rd S~reeh ~ ~ of 'S.~.~' 2nd A~,~ ..... in Section 16-46-43 from ~-20 to RM-15. This action was recommended by the Planning and Zoning Board at a meeting held on April 15th by a vote of 6 to 0. Mr. Gent moved for the passage of Ordinance No. 18-75 on first reading, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8,j. The City Manager presented Ordinance No. 19-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING BLOCK 54 (HEISLEY ESTATES); BLOCK 62; .BLOCK 70 (SUNDY & CROMER'S AMENDED PLAT); BLOCK 71; LOTS 1 THROUGH 8, BLOCK 78; AND LOTS 3 THROUGH 14, BLOCK 79, AN AREA LOCATED IN SECTIONS 16 & 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF S.W. 1ST STREET, EAST OF S.W. 2ND AVENUE, NORTH OF S.W. 3RD STREET AND WEST OF S.E. 2ND AVENUE IN "~4-15 MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING ."ZONING ~P OF DELRAY BEACH, FLORIDA, 1972". City Manager Mariott read the caption of the ordinance. The Planning and Zoning Board recommended by a vote of 6 te 1 at a meeting held on April 15th that the zoning of property located south of S.W. 1st Street, east of S.W. 2nd Avenue, north of S.W. 3rd Street and west of S.E. 2nd Avenue in Sections 16 and 17-46-43 be rezoned from ~4-20 to RM-15. Mr. Sanson moved for 'the passage of Ordinance No. 19-75 on first reading, seconded by Mr. Gent. }Irs. I{rivos informed Council that Lots 7 and 8, Block 78, on the northeast corner of S.E. 1st Avenue and S.E. 2nd Stree~ presently has stores in ~ building on this location. She further stated the east side of Block 78 is commercial and the west side of Block 78 has stores going to 1st Avenue and north. Mrs. Krivos reported the owner of the building on Lots 7 and 8 is unable to lease to businesses since the lessees are unable to obtain a license because the building is in a non-conforming district. The City Attorney -8- 4-28-75. reported the lessees are able to obtain a license in a non-conforming area or building unless the use requested has been abandoned for 180 days. The City Manager stated he would check into the matter. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos'- Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Mr. Kotulla reported only one parcel remains zoned RM-20 in the City and this is scheduled for a Public Hearing in June; the question will concern whether or not to rezone a portion of the property to a density lower than RM-15. 9.a~. City Manager Mariott reported the Planning and Zoning Board at a meeting held on April 22nd recommended by unanimous vote that Council grant abandonment, subject to retention of a utility easement, of an alley lying adjacent to Lots 5, 6, 7, 8, 13, ~4, 15 and 16, Block 46, said alley being located north of S.W. 2nd Street between S.W. 2nd Avenue and S.W. 3rd Avenue. The alley to the north of this location was abandoned by the City some time ago. Mrs. Krivos moved the appli- cant's request for abandonment of subject alley with the retention of the utility easement as recommended by the Planning and Zoning Board be approved, seconded by Mr. Gent, said motion passing unanimously. 10. The following Bills for Approval were unanimously approved on motion by ~s. Krivos, seconded by ~. Gent. General Fund .............. $322,199.86 Water and Sewer Fund .......... 12,665.50 Improvement Trust Fund ......... 4,574.40 Beach Restoration Fund ......... 7,100.90 Federal Revenue Sharing Fund ...... 7,895.00 The meeting was adjourned at 10:20 P.M. City Clerk APPROVED: &z -9- 4-28-75. A RESOLUTION OF THE CITY COUNCIL ©F THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FO5 ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAiD LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE- PORT OF THE CITY MANAGER OF DELILAY BEACII, FLORI'DA. WHEREAS, the City Council of the City of Delray Beach, did, ,in _~.egular.. ~/~///~ ._. session held on the 14th day of October, 1974, declare the existence of a nui- sance upon certain lots or parcels of land, described in a list sub- mitted to them, for violation of the provisions of Ordinance G-147; WHEREAS, pursuant to such declaration, the City Clerk of said City did furnish each of the respective o~,~ners of the lands described in said list with a notice describing the nature of the nuisance and that they must abate said nuisance within thirty (30) days, failing in which the City Council would have it done, and the cost thereof , would be levied as an assessment against said proper%y; and ~HEREAS, the owners hereinafter named c. za fail and neglect to abate the nuisance existing upon their respoctive lands within the time prescribed in said notice and Ordinance G-147, and the City of Delray Beach was required to and did enter upon the following lan~s and incur costs in abating the nuzsance exi · s,_.~ng thereon as described in the aforesaid list; and WHEREAS, the City Manager of the City of Delray Beach, has, pur- suant to said Ordinance G-147 and the City Charter submitted to the Cit~ Council a report of the costs incurred in abati~g the nuisance as aforesaid, said report indicating the costs per parcel of land. involved. OF DELRAY BEACH, FLORIDA, AS FOLLOWS: " 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or par- cels of land described in said report, a copy of which is attached hereto and made a part hereof, are levied against the parcels of land described on said report and in the amounts indicated thereon. Said · assessments so levied shall be a lien upon the respective lots and parcels of land described in said report, of the same nature and to the same extent as th? lien for general city taxes and shall be col- lectible in the sa.,e':~anner and with the same penalties and under the same provisions as to sale and foreclosure as city taxes are collect- ible. 2. That the City Clerk of said City shall, as soon as possible after the effective date, record a certified copy of this resolution in the office of the Clerk of the .Circuit Court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and upon said report a notice that the City Council of the City of Delray Beach, did, on the 14th .d.ay of October, 1974, order the abatement of a certain nuisance existing on their described property and property owner having failed to abate, such nuisance; within the 30 day period, whereupon ~t was abated b'-3 the City at costs sl,own in said report and such' assessments shall be legal, valid and ~inding obligations upon the property against which said assessments are ~.evied. This resolution shall become effective 3u days from the date of adoption, and .the assessments contained h'erein shall become. duo and payable thirty days after tire mailing date of the notice of said assessment, after which interest shall accrue at the rate of 6% per annum on any unpaid portion thereof. PASSED AND ADOPTED in Regular session on tho 28th day of / COST OF ABATING NUISANCE UNDER ORDINANCE NO. G-147 PROPERTY DESCRIPTION OWNER ASSESSMENT Lot 62 less N 10' and the N 25' A. and Wm. A. Hofman $350.00 of the abandoned portion of NE and Clara A. Summerson 6t~ Street ly between E'ly R/W li of NE 7th Avenue and W'ly li of 16' NS alley Hofman Add., Delray Beach, Flolida. 601 N.E. 7th Avenue 15-3 Trees trimmed to sufficient height for mowing. 15-4 Weeds cut. 8.2B RESOLUTION NO. 26-75 A RESOLUTION OF THE CITY COU. NCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO TIlE STATE OF FLORIDA LEGISLA1T)RE PROTESTING TIlE EXPENSE, DELAY AND DIFFICULTY INVOLVED IN ESTABLISHING A LOCAL PUBLIC EMPI,OYEES RELATIONS COMMISSION AND LOCAL OPTION LABOR LAW PURSUANT TO FLORIDA STATUTE 447.022. WHEREAS, the State of Florida Legislature enacted Florida Statute 447 implementing the right of public employees ~o bargain collectively under Florida Constitution Article I, Section 6; and, WHEREAS, in the enactment of said law the Legislature granted local governmental bodies the right to establish a local Public Employees Re!atic Commission and a local labor law ordinance; and, WHEREAS, the State Public Employees Relations Commission was given the authority to approve a local option ordin~nce if it was s.ubstantially equiva- lent to the provisions and procedures set forth ~ Florida Statute 447; and, WHEREAS, the City of Delray Beach, Flor.ida, has applied to the State Public Employees Relations Commission for the aforesaid 'approval of a local option ordinance, having expended considerable i~.ime, effort, and taxpayers' funds pursuant thereto; and, WHEREAS, the City of De'lray Beach, Florida, has been hindered and delaved' in establishing the local option orc',,inance by the unwarranted and with reference to local option ordinances adoption generally, and regarding Delray Beach's local option ordinance specifically, .NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That the City of Delray Beach, Florida, strongly endorses the philosophy underlying the local option provision of Florida Statute 447.022. 2. That the City of Delray Beach, Florida, strongly protests that A. The State Public Employees Relations Commission, set up by the Legislature to accomplish this purpose, has in actual practice and fact, obstructed the establishment of local PuL-lic Employees Relations Commissions and labor law ordinances. - B. The State Public Employees Relations Commission has been unable to expedite decisions relating to local options. C. The State Public Employees Relations Commission ]]as estab- lished unreasonable and arbitrary rules in excess of t'he authori- ty granted to it by the Legislature. D. The State Public Employees Relations Commission has permitte~ labor unions to intervene in pending local option applications without regard to a: 3' showing of interest on behalf of the union 82c that they are organizing or intending to organize'the employees of. the particular local option applicant. E. The State Public Employees Relations Commission has issued oral rulings during hearings an(] when the written order is published, it is bt variance with the oral ruling previously g iven. 3. That the City of De!ray Beach, Florida, sfrongly protests the actions of the State Public Employees Relations Commission which have cause{] unnecessary expenditures of time and public monies to establish that which "the State of Florida Legislature has determined local governmental bodies are entitled to as a matter of right. 4. That the City of Delray Beach, Florida, respectfully and earn- estly requests the State of Florida to fake i~mnediate action to remove the aforesaid obstructions and to allow the implementation of the policy originally established in Florida Statute 447.022 relating to local options. 5. That copies be distributed to: Honorable Governor Reubin Aske~,~, Senator Dempsey Barron, President of the Senate, Representative Donald Tucker, Speaker of the House, Senator Phil Lewis, Chairman of the Joint Administrative Procedures Cormnittee, and PASSED AND ADOPTED in regular session on this the 28th day of April, '1975. AT~EST: ~ City Clerk - 2 - Res. No. 26-75 82D ORDINANCE NO. 9-75. AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF DELRAY BEACII, FLORIDA, ANNEXING TO TIlE CITY OF DELRAY BEACIt CERTAIN LAND, NAMELY LOT 10, LAKE SItORE ESTATES, WIIICtt LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGtITS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR TtIE ZONING TIIEREOF. WHEREAS, CI-LARLES J. SIMON and JEANNE L. SIMON, his wife, are the fee simple owners of the property hereinafter described; and, WHEREAS, CHARLES J. SIMON and JEANNE Lo SIMON, his wife, have con- sented and given permission for the annexation of said property by the City of Delray Beach; and, WHEREAS, the City of Delray Beach ~has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida,. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: T.~* ~ a, LAKE SHORE ESTATES, accordin~J *~. *~ ~ ~* thereof ....... ~ ~ ~-~ ~ ~ ..... of the ......... ....... ~ .... o~ 25, r~S~ 26, Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereb$ redefined so as to include therein the abeve described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. Tha...~ the land hereinabove' described shall inuuediately become subject to al~. o~f th% franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be' deemed citizens of the ~ity of Delray Beach. - SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a Court of competent juris- diction, such record of illegality shall in no way affect the remaining portion. PASSED AND ADOPTED in regular session on second and final reading on this the 28th day of April , 1975. ATTEST: , . ,_ , '1' - / City Clerk P:rst~eading March 24, 1975 Second Reading Apt. il. 28~' .1975. 82E EMERGENCY ORDINANCE NO. 14-75 AN EMERGENCY ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CIDAPTER 3 "ADVER- TISING'' OF THE CODE OF ORDINANCES OF TIlE CITY OF DELRAY BEACH, AS AMENDED, BY AMENDING SUBSECTION 3-1 (i) DEFINITION OF POLE SIGN; BY AMENDING SUBSECTION 3-10 REGULATIONS GOVERNING SIGNS GENERALLY BY ADDING DEFINITION- OF SIGNS ALLOWED WITHIN CITY LIMITS; BY AMENDING SUBSECTION 3-21 NON-CONFORMING SIGNS - EFFECT- IVE FATE FOR REMOVAL; AND BY AMENDING SUBSECTION 3-25 PENALTY FOR VIOLATION OF ARTICLE PROVISIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the construction of Interstate !-95 has created an emergency situation in which there is an incentive to construct signs of an extreme height which have not heretofore existed in the City of Delray Beach; and, WHEREAS, the construction of signs of such a height would not be in the best interests of the citizens of Delray Beach and could be detrimental to the health, safety and welfare of said citizens, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU~CIL OF THE CITY OF DELRA'i BEACH, FLORIDA, AS FOLLOWS: Section 1. That Sec. 3-1 (i) of the Code of Ordinances of the City of T~l~y B~a~h. as amended~ be further amended as fol]_ows: (i) Pe ~-e-~g]%- sha ~ ~-mea~-a~y--s. ~%- e~ ee~e~-~- a-p~ ~ e w- a.~-wh ~eh ..P..o.le sign. A s iqn which is supported by one or more columns, .u..p..rights or braces in or upon the ground. No such sign shall exceed twenty-five (25) feet in height. Section 2. That Sec. 3-10 of the Code of Ordinances of the City of Delray Beach, as amended, be further amended by adding the following: (o) S_~ns.Permitted Within City 'I, imits. No sign of any kind shall be permi~ted' on any developed or undeveloped property within the City limits except: (1) A temporary real estate sign or directional sign. ~(2) A sign advertising goods, articles, wares, or services for sale provided that the sign may on]_y be located upon the premises where such goods, articles, wares, or services are sold. Section 3. That Sec. 3-21 of the Code of Ordinances of the City of Delray Beach, as amended, be further ~mended as fol!ow.~: 3-21. Non-conforming Signs; Effective Date for Removal. l~emeem6~m~g-~g~s Signs not in compliance with this ordinance in the city shall be removed at the expense of the owner or lessee or his agent of the real estate on which such signs are located, or at the expense of the owner of such signs within s~y .fifteen days after notice by the building inspector. The city reserves the right to remove any such 82F signboard or sign if the owner thereof fails to comply with this requirement for removal by the building inspector, and the city is hereby vested with authority to appropriate the materials obtained from such signs and to credit the value thereof to the owner against the cost of such removal. All electric signs within the city limits now existing which by the enactment of the provisions of this article are made nonconforming, must be removed by the owners by December 31, 1960. - Section 4. That Sec. 3-25 of the Code of Ordinances of the City of Delray Beach, as amended, be further amended as follows: · 3-25. Penalty for violation of article provisions. ~(a) Any person, persons, associations of persons, partnership or corporation ~%y-~ f--De ~Pay-Beaeh~-De-p~s~ed-Dy- a- fiRe-e f-~%-ms~e- t-~ a~ erect, construct, chanqe or enlar~qq any sign not in '.compliance with this ordinance shall be fined not less than one hundred dollars a day for each da~ that said_siqn exists in violation of th~s ordinance. (b) The penalty for violations of this article other than the type of violations specified, in section (a) above and Section 3-21 shall be a fine of not more than one hundred dollars or im]Drisonment in the city jail for not more than ~%rty ~s, or either or both, such fine or imprisonment in the discretion of the municipal juatge. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof'other than the part declared to be invalid. Section 6. That this ordinancp shall become effective i~ediately upon passage on first and final reading. PASSED AND ADOPTED in regular' s.ession on first and final reading on this the 28th day of April, 1975. ATTEST ~ .. ~ City Clerk - 2 - Emur. Ord. No. 14-75