Loading...
07-14-75 JULY 14, 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, July 14, 1975, with Vice-Mayor Krivos presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, Council members Andrew M. Gent, David E. Randolph and Ron I. Sanson, IV, present. Mayor James ~. Schetfley was absent. . 1. The opening prayer was delivered by Rev. Clifford McWhorter of St. Matthew's Episcopal Church of Delray Beach. 2. The Pledge of Allegiance to the Flag of the United States of ~erica was given. 3. The minutes of the regular meeting of June 23, 1975, were ~animously approved on motion by Mr. Randolph and seconded by Mr. Gent. Mr. Sanson requested the following information be included in the June 23rd minutes: Item 4.c. Mr. Sanson asked that the minutes reflect that he has asked Council to formulate a method to control the expenditures of Alley, Alley and Blue, attorneys, and further stated beginning July 1, 1975, he would not vote for any payments to that firm since Council has been unable to obtain a majority feeling cn the method by which to con- trol these expenditures. He said the July 1st date reflected his desire to veto any services performed after that date; he would approve the Services of the firm until that time and would honor the bill. Item 8.d. Mr. Sanson requested the minutes reflect that Mr. Michael Botos made the statement that his clients will have to comply with the boundary restrictions because Mr. Sanson asked him if he were aware of this fact. 4.a. Vice-Mayor Krivos s~ated Mayor James H. Scheifley is in New York to sign the bonds for the Streets and Sidewalks Bond Issue passed in December, 1974. 4.b. Mr. Sanson reported the Florida League of Cities magazine had printed an article stating the Department of Community Affairs in Tallahassee had prepared a Model Charter under the new Home Rule provi- sions Act. In view of the fact the City Council is preparing to con- sider the Charter Revision's Committee recommendations, Mr. Sanson obtained a copy of the Model Charter since he felt it might add to the discussion of the new Charter. 4~c. Mr. Sanson asked for a status report on the beautification. of the approaches to the 8th Street Bridge. The City Manager replied the City has not received word from the County as to what they planned to do. 4.d. Mr. Sanson asked that Council discuss at some time the money received approximately 2 to 2% months ago from the government as reim- bursement from the beach restoration. The City Manager stated such a discussion should not be held prior to the time that the City has a report from discussions held with Mr. Art Strock with regard to the present study that is now under way concerning restoration and possible construction structures. This should be within the next month. 4.e. Mr. Sanson asked if only one public, hearing would be held on the budget and if this hearing would be held on the ~ame day Council adopts the budget. The City Manager stated this was normal procedure that has been followed for many years. He further stated if Council desires more than one public meeting, this can be done.. Mr. Sanson stated he felt it would be beneficial to have extra public input. 4.f. Mr. Sanson reported he has drafted an ordinance on the Finan- ~-I~r ~visory Board which he would like to present to Council at the next workshop meeting for consideration. He would like first reading .on the ordinance to be held two weeks from tonight. 5.a. Mr. O. F. Youngblood, 210 N.W. 6th Avenue, Delray Beach, complimented Council on the beauty of the beach. He then spDke of the problems presented by the sewers and septic.tanks in his area. He asked what could be done to install sewer lines in the area from N.W. 7th Ave. out to Jefferson Manor. The City Manager reported the $5,000,000 Water and Sewe~ Revenue Bond Issue passed by the City some time ago had four main purposes: 1 - the construction of a new sewerage treatment plant; 2 - the construction of additional sewer collection systems; 3 - some water improvements; and 4 - some lift stations. He stated the sewering of Jefferson Manor, Area 13, sanitary sewer collectioh systems, were included in the bond issue. Due to several changes in plans for the sewerage treatment plant over which the City had no control and also due to the sewer moratorium going into effect, the sewers .have not been put in; it is not known how much of the $5,000,000 will be needed for plant construction, site acquisition, etc. for the sewer plant. Hence, it is not known how much money will be available for extension of sewer col- lection systems. A determination of this fact should be made very shortly. The City Manager stated he has recently spoken with the Director of Public Utilities and Mr. John Klinck of Russell and Axon concerning the' preparation of a study showing whether.or not the City would have the money to construct the sewers in the area under queStion. 6.a. The City Manager had no items to present that did not appear on the agenda. 6.b. The City Manager reported the updating of the City's Water and Sewer Master Plan had been discussed at Council's last workshop meeting'. It is recommended that Council authorize the firm of Russell & Axon to prepare an update of the City's Water and Sewer Master.Plan at a firm cost figure of $22,500, with funding to come from the City's $5,000,000 Water and Sewer Revenue Bond Issue. Mr. Gent moved the City -.-~ funding Councii contract with Russell & Axon at the cost of $22,500, ..... to come from the City's $5,000',000 Water and Sewer Revenue Bond Issue, to update the City's Water and Sewer Master Plan, seconded by Mr. Ran- dolph. Mr. Sanson requested a copy of the plan; the City Manager stated he had one copy which Mr. Sanson could borrow. Mr. Sanson pointed out to Council members that he has Prepared a summary of the expenditures paid by the City to Russell & Axon. He asked whether or not this item could be a biddable item, bringing competition into this area, and whether or not the City is actually receiving a good amount of work for the minimum price that could be done. He stated the City has spent $684,707 with Russell & Axon since the 1972-73 budget through June of this year. He pointed out this was paid to that firm and does not in- clude money paid to sub-contractors for Russell & Axon. He stated he felt for a period of two and one-half year's time for a town this size with a small budget, that this was an incredible amount of money to be spent with this firm. He said the update of the Water Plan is a new prgject and is something that could be considered on a new basis and could perhaps be done by another firm and be put out for bids~ The City Manager explained the Master Plan could be put out for bid, but he felt it would be very unwise to do so. Russell & Axon has served as the City'= consultants in water and sewer for sixteen years and the firm has accumu- lated a wealth of background information which would be a part of the making of this plan. Any new firm would have to research and gather in- formation which would probably double the cost. Mr. Sanson then stated that perhaps stagnation, to a degree, might have set in and the City might not be fully aware of what competitive bidding could do. The City Manager replied he felt this could be possible, but did not feel this was the case; the nature of the firm precludes stagnttion since it is a large, nationally recognized firm that has a number of different special- ties at hand. The local staff is headed by a man who is a former city engineer of West Palm Beach and whose staff members haw.~ rotated over the years. The City Manager stated he felt the City is receiving yeoman's service from the fiscal consultants and the engineering consult- ants. Mr. Sanson then stated his main concern is the City getting the best use of tax dollars and the only way Council knows that is by com- petitive bidding. He felt such should be considered before this bid is awarded. Mr. Klinck of Russell & Axon stated a large amount of the 7-14-75. 119 money mentioned by Mr. Sanson has been used meeting Federal Government requirements, stating approximately half of the amount Mr. Sanson men- tioned is involved, and of this amount, 75% is reimbursable. Mrl Sanson S~ated this was a goOd point. Mr. Klinck reported one entire set of sewerage treatment plans were useless because of Federal requirements. Mr. Sanson said he knew that. Mr. Gent pointed out architects do not bid against each other and asked if professional engineers bid against each other. Mr. Klinck answered by stating there is a Professional Procurement Act passed by the Florida State Legislature that became effective the first of July, 1973. Provisions of the Act were explained by Mr. Klinck who also stated prior contracts were accepted under this law. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Sanson requested the minutes reflect that his vote does not reflect a vote against Russell & Axon, but does reflect his philosophy that "if there is a chance'that items can be bidded on, I'd like that, so I will vote against this motion"; Vice-Mayor Krivos - Yes. The motion passed with a 3 to 1 vote. 6.c. The City Manager reported on Phase II of Federal Grant funds to be used for sewerage system improvements in the City. These improve- ments are necessary for compliance with the WQMP and are required to make fully operational and to serve the new regional sewerage treatment plant. Phase I is the construction of the Sewerage Treatment Plant itself. Phase II is primarily the construction of force mains and other appurtenances to make the sewerage treatment plant operable. The total estimated cost for improvements is at this time $2,361,455 of which $1,771,091 will be grant funds if the City receives all of the Federal Grant Funds applied for. $590,364 would be City of Delray Beach funds to come from the $5,000,000 Water and Sewer Revenue Bond Issue. It is recommended that Council authorize the filing of an application for Federal Grant Funds in the amount of $1,771,091 for the purposes explained above. Mr. Sanson moved for the authorization of filing an application for Federal Grant Funds in the amount of $1,771,091 for sewerage system improvements, seconded by Mr. Gent, said motion passing unanimously.. 6.d. The City Manager reported Council has approved, upon request from the County, modification of the City's Manpower Program (Palm Beach County Comprehensive Employment and Training Act, Public Service Em- ployment Program) funding downward from $163,967 (the original figure) to $139,974. Since that time, changes and improvements in the program have occurred and the County has been able to obtain more money from the Federal Government and the funding period has been extended from June 30, 1975 to July 31, 1975, and to have Delray Beach's allocation increased from $139,974 to $152,974. It is recommended that Council authorize the entering into of a modified agreement with the County reflecting the changes mentioned above. Mr. Randolph moved that Council approve the modification of the City's Manpower Program as explained by the City Manager, seconded by Mr. Gent, said motion passing unanimously. 6.e. City Manager Mariott reported Council discussed at its July 7th workshop meeting the appointment of Mr. Jay P. Calloway to the unexpired term of Robert J. Holland on the Housing Board of Adjustments and Appeals. Mr. Holland, whose term expires on October 12, 1975, has sub- mitted his resignation from the Board. The City Attorney advised that Council should take action on accepting Mr. Holland's resignation and then fill the vacancy. Mr. Sanson moved to accept the resignation of Mr. RObert J. Holland with a vote of thanks for his service to the City, seconded by Mr. Randolph, said motion passing unanimously. Vice-Mayor Krivos asked the City Manager to see that a letter is sent to Mr. Holland. Mr. Randolph moved for the appointment of Mr. J. P. Calloway to the Housing Board of Adjustments and Appeals to serve out the unexpired term of Mr. Robert J. HollaDd, seconded by Mr. Gent, said motion passing unanimously. 6.f. The City Manager reported Council informally decided at the July 7th workshop meeting that Mr. John M. Ghent would b~ designated to serve on the Board of Adjustment for a period expiring March 15, ~976, and Mr. Robert Kinkead to serve in the term expiring March 15, 1977. Mr. Gent moved that Council .appoint Mr. John M. Ghent's term on the Board of Adjustment to expire March 15, 1976 and Mr. Robert Kinkead's term to expire March 15, 1977, seconded by Mr. Randolph, said motion passing unanimously. 7-14-75. 6.g. The City Manager reported Mr. Donald J. Jakubek's term as a member of the Delray Beach Downtown DevelOpment Authority expired July 1, 1975. The Authority has recommended reappointment of Mr. Jakubek to a three year term expiring July 1, 1978. Mr. Gent moved for the reappointment of Mr. Donald J. Jakubek to the Delray Beach powntown Development Authority, expiring July 1, 1978, seconded.by Mr. Sanson, said motion passing unanimously. 6.h. City'Manager Mariott reported Council had discussed at its July 7th workshop meeting the allocation of $1,648 differential in cost of eight light poles at the Delray Beach Little League Field. The original quotation and amount allocated by the City for this purpose was $2,000; however, the cost was $3,648. 'The additional funds will be taken from the Federal Revenue Sharing Funds. Mr. Sanson moved for approval for the allocation of $1,648 to pay for the difference in cost of eight light poles at Delray Beach Little League Field, the cost to come from Federal Revenue Sharing Funds, seconded by Mr. Randolph, said motion passing unanimously. 6.i. cOuncilman Sanson'asked fOr a discussion of a review of the ~-~'s Master Plan to be placed on the agenda which has been done. Mr. Sanson reported when the Master Land Use Plan was adopted, the provi- sion was that it was to be reviewed on an annual basis. This has not been done since it was adopted and Mr. Sanson requested a motion to ask the City Manager to request the City's Planning and Zoning Board to conduct a review and present recommendations to Council. Mr. Sanson stated he felt~Council should put all attention possible toward future density in the City. He reported the County planners, Mr. Liberti and his staff, bare been giving a great deal of thought and discussion to this problem. He reported on a newspaper article that appeared dis- cussing Mr. Liberti's fears concerning future population projections for the County and that it was very questionable that the County would be able to service the population needs. Mr. Liberti pointed out to Mr. Sanson that what the County does is not as important as what the municipalities do since the municipalities currently have approximately 67% of the population in the County. ~. Liberti is hoping to make municipal officials aware of this problem and is in the process of preparing a presentation of the problems of future growth in the County. Mr. Sanson requested that a joint meeting of the Planning'and Zoning' Board and the Council could be held with Mr. Liberti as the guest speaker to offer the presentation. Mr. Gent stated he felt the City should work with Mr. Liberti and the County; however, he said'the City should not forget Mr. Liberti represents the unincorporated area of the County and Council represents the City of Delray Beach. Anything that is done in conjunction with the County is done with the Area Planning Board and not with Mr. Liberti's office. Mr. Sanson stated he has discussed this with Mr. Frank Brutt of the Area Planning Board and stated he might also be at the meeting. Mr. Sanson stated that in no way did he wish to have them come back to the City to dictate what the City should do. It was only with the thought that Mr. Liberti could come down to discuss the problems that face the City in the areas of trans- portation, sewer, water, etc. Mr. Sanson reiterated his main purpose was to remain on top of the problem and requested continued efforts to allow Council to always be aware of the situation. Mr. Tore Wallin stated the Planning and Zoning Board has not done any research toward reviewing the Master Plan; he stated the Board is awaiting a survey being made on the existing Land Use Which should be completed shortly. Mr. Wallin stated he would have no objections to the meeting proposed and that the Board and City should be aware of what is happening in the un- incorporated areas. Mr..Sanson stated he would like to have a joint meeting .between Council and the Planning and Zoning Board with the Planning Director of the City, Mr. Frank Brutt and Mr. Liberti being invited to attend along with the approPriate administrative personnel also attending. Mr. Randolph expressed no objection; Mr. Gent stated he felt it was unnecessary since the Planning and Zoning Board and the Area Planning Board could handle their own affairs. Council agreed to have the meeting and asked the City Manager to contact Mr. Liberti and Mr. Brutt to arrange for the joint meeting. -4- 7-14-75. 7.a._ The City Manager.reported the City is in receipt of an appli- Cation for City water service to serve the Bamboo Trailer Park located outside the City at 2915 South Federal Highway. The application was triggered by notice from the County Health Department to the trailer park to attempt to secure City water service. This.was discussed by Council at the workshop meeting held on July 7th. The City Manager stated the paramount consideration, as discussed at workshop, is whether or not to require the property to be annexed to the City in return for providing water service inasmuch as it is a trailer park and the City presently has no zone in the zoningordinance for that particular land use. Mr. Gent stated the City's policy of requiring anyone requesting water service to sign an agreement to annex when they abut corporate limits presently in effect and questioned the City Attorney if. this must be observed; could water be granted to the Bambo° Trailer Park without annexing them. The City Attorney stated if the City begins selectively taking some property in and ignoring others, there will be a time when the City does not want to take someone into the City and will be forced to do so. The present policy is enforceable and has been adhered to uniformly over several years. The City Attorney also stated whether or not the City has to give water service to the Bamboo Trailer Park at all would probably be determined by forcing the issue and let them take the City to court. The City. Manager answered Mr. Sanson by stating only one case has occurred of this type concerning a camp trailer park as opposed to a residential trailer park. The City Manager added the City has provided water and sewer service to the Delray Shores area under a different arrangement because the City bought the water franchise a few years ago'; the City. is providing the camp trailer park water ser- vice without annexation with a 25% surcharge. This is also true with the Bath and Tennis Club in Gulfstream. Mr. Randolph asked if it would be feasible Or advisable for the City Attorney to determine whether or not the City has to concur with the County Health Department because of the objections they found in their inspection; as it now stands, if the City allows this park to come into the City, there are others that would request the same service. He questioned whether or not Delray Beach wants the trailer parks in the City and felt this would be only the beginning of such requests, both from the parks and through'the Health Department. He stated he was not prepared at this time to vote on the subject until some legal deter- mination is made. The City Attorney replied this is a matter that will be coming before the City many more times in the near future because the letter ke has received from the Health Department concerning nine trailer parks located in the County contains directives t~o the City to furnish water to the parks. The Health Department has not concerned itself with annexation in their correspondence. The City Attorney fur- ther stated coming up with a definite response as to whether or not the County Health Department has jurisdiction ~to force the City to give parks an interpretation many things the water inVolves of which could be subjective depending upon where you stand on a particular issue, one of which is the Malloy Plan which the Area Planning Board has adopted, and the other is the Farm Workers' case. it also involves interpretation of the State Statutes and the selective enforcement of this policy. He stated it is his opinion that the City can require annexation at this point. He also stated he did not feel the County Health Department can tell the City absolutely that the City must provide water service. He recommended the item be tabled tonight in order to give more consideration to the matter. The City Manager stated he felt the city's policy over the years has come to this point with fairly pure application. He stated none of the cases discussed fall into the category of the isolated property that has petitioned the City for water service. In the case of the Bath and Tennis Club in Gulfstream, the property is located in another incorporated municipality, so it would not be possible for Delray Beach to unilaterally decide, over the objections of Gulfstream, to annex the property. In the case of the Farm Workers, the City went to court defending its position and did not acquiesce. The only ex- ample that is closest to the situation at hand is the case of the camp trailer park and this is the only case where the City has provided water and has not required the property to be annexed to the City due to the lack of zoning in the zoning ordinance and perhaps the pressure of the County Health Department that they receive better water. Mr. Sanson stated he felt no Council member wants trailer parks in the City of Delray Beach. He asked if the City does annex this park, could the City be forced to expand the zoning code to allow a zoning classification for trailer parks or could they be annexed into the City as a non-con- 'forming use. The City Attorney replied they would come into the City under County zoning and then the City could change the zoning to a non- conforming use which they would be. If the parks are brought into the City as a group, it might be interpreted as the City tacitly agreeing that the parks would be permitted within the City. Mr. Sanson stated he felt this item should be tabled for further discussion. The City Attorney.stated he felt the City would not be necessarily faced with the parks as a permitted use under the zoning classifications of the City. He questioned whether or not the park:iis non-conforming under County~zoning. Mr. Gent stated he was 99% certain that they are non- conforming in the County. Mr. Gent moved that. the City of Delray Beach deny the appli- cation for city water service to the Bamboo Trailer Park, seconded by Mr. Randolph. Mr. Sanson then moved in a privileged motion to table this matter 'for further discussion. The motion died for lack of a second. Mr. Sanson then stated he would oppose this motion since the parks do exist and must be considered; he stated he would prefer to bringlthem in and not expand the zoning code to bring them in as a permitted use. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Vice-Mayor Krivos - Yes. The motion passed with a 3 to 1 vote. 7.b. The City Manager stated the City is in receipt of a request for extension of site plan approval for Del-Oro Apartments, northwest corner of N.E. 8th Street and Highway A1A, which expired January 28, 1975. It is recommended that this request be denied since it was originally approved for 20 units per acre on land that is now zoned 15 units per acre, all building permits have expired, and tke land is presently vacant and undeveloped. Mr. Sanson moved that the request for extension of site plan approval for Del-Oro Apartments be denied, seconded by Mr. Gent, said motion passing unanimously. 7.c. The City Manager reported the City is in receipt of a regues~ for site plan extension for development if Idyllwild at the southwest corner of the intersection of Lake Ida Road and Barwick Road. A portion of the proposed building site has been rezoned from RM-10 to RM-6 after apProval of the site plan. The City Manager stated, in his judgment, this is not as clear-cut a case as the item just acted upon inasmuch as the planned density on tkis site plan is 5.1 units per acre which is still under the zoning requirements. It is recommended that this request be referred to the Planning and Zoning Board for their study and recommendation. Mr. Gent asked when the site plan expired; the City Manager replied the expiration date was January 28, 1975. The property contains 38.88 acres. The City Attorney stated unless Council has some specific reasons for denying the request, he would recommend sending it to the Planning and Zoning Board. Mr. Randolph moved the request for extension of site plan approval be forwarded to the Planning and Zoning Board for study and recommendation, seconded by Mr. Sanson, said motion p~ssing unanimously. 7.d. City Manager Mariott reported the City is in receipt of a request for water service, Lot 2, Block 4, Lake Ida Gardens (1025 N.W. 5th Avenue}, which is located outside the City. It is recommended that Council authorize the execution of the standard water agreement and the applicant has already signed the standard City agreement agreeing to annexation when the property becomes eligible. It is also recommended that Council authorize the City'Attorney to draft an ordinance effecting the annexation since the property has been determined to be eligible for annexation. Mr. Gent moved to authorize'the execution of the standard water agreement and the draftingLof an ordinance effecting the annexation, seconded by Mr. Randolph, said motion passing.unanimously. 7.e. Vice-Mayor Krivos acknowledged~ minutes of th~ meetings of the Beautification Committee held on June 4, 1975 and July 2, 1975. Vice-Mayor Krivos stated on the meeting of July 2, 1975 concerning a discussion of the south beach that the Committee has presented a proposal to Council and they have endorsed it for prompt Council action. The -6- 7-14-75. 123 City Manager stated he would schedule ~%his item for workshop. Mr. Gent asked that the site plan for the beach be presented at the time of the discussion by Council. 8.a. The City Manager presented Resolution No. 37-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY SEWERS AND WATER LINES INSTALLED IN THE SUBDIVISION OF HARBOURSIDE CONDOMINIUM APARTMENTS AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWERS AND ~ATER SYSTEM. (Copy of ResOlutiOn No. 37-75 is attached to the official copy of these minutes.) The City Manager reported this is the City's standard resolu- tion accepting as operational the water and sewer serviCe in the Sub- division of Harbourside Condominium. Approval is recommended. Mr. Randolph so moved, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Krivos - Yes. The motion passed with a 4 to 0 vote. 8.b. The City Manager presented Ordinance No. 24-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 1 THROUGH 10, BLOCK 4, SOUTHRIDGE SUBDIVISION, AN AREA LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF DIXIE BOULEVARD, NORTH OF COUNTY PROPERTY, AND WEST OF SOUTH SWINTON AVENUE IN "MI MEDIUM INDUSTRIAL DISTRICT" AND AMENDING "ZONING ~¢~P OF DELAkY ......~*~~.~,~, CCopy of Ordinance No. 24-75 is attached to the official copy of these minutes.) The City Manager read the caption of the ordinance. A sketch was shown depicting the location of the property. A Public Hearing was held, having been legally advertised in c~mpliance with the laws of the State of Florida and the Charter of the City of .Delray Beach. The following persons spoke against the rezoning: Mr. Gene Swinford, 217 Southridge Road, Delray Beach; 5~s. John Gajewski, 301 Southridge Road, D~lray Beach; Mrs. Beatrice Crimmins, 210 Southridge Road, Delray Beach, who also read a letter of opposition from Mrs. Ruth Murphy, Southridge Road, Delray Beach; Mr. John Gajewski, 301 Southridge Road, Delray Beach; Mr. Gary Barker, 328 Southridge Road, Delray Beach. The main objections expressed concerned the nature of the business located on the property, the side of Southridge Road being too small to accommodate the cranes involved in the business, the fact that cars and a crane cannot pass on Southridge Road, the safety hazard created by the cranes, the fact that the property is dirty and not kept up properly, most of the property owners were situated in this location prior to Green Company being established, and the condition of S.W. 4th Avenue with the cranes driving on it. The City Manager reported for quite some time there has been an effort to have S.W. 4th Avenue opened and paved between 10th Street and ~inton Boulevard. Approximately one-fourth of the right-of-way is in the City; the rest.of the needed right-of-way is in the County. It is estimated that it would cost approximately - $10,000 to pave one-half of the street that is adjacent to land that is in the City. The City Manager suggested that the City propose to the County that S.W. 4th Avenue be improved from 10th Street to Linton Boule- vard with the City providing the right-of-way for our portion and paying for the improvement cost, and the County doing the same with regard to portions located in the County. The cost to the City could be taken from the $600,000 Bond Issue Funds. The City Attorney stated Council could not formally vote on this proposal at this meeting since it was not on the agenda. 7-14-75. Mr. Michael Botos, attorney, spOke stating he has mixed feelings on the matter, but at the same time, he felt sympathetic to Mr. Green. He said the business has been in effect for 12 years and the property was brought into the City in a commercial zoning district. The general area is medium industrial property. Mr. Botos said he had met with Mr. Boerner of the Beautification Committee, and had received some suggestions as to how the property could be cleaned up and made more acceptable. Mr. Green has agreed to place hedges as a buffer zone and for beautification purposes as soon as finances permit. Mr. George Aspinwall, 942 Tropic Blvd., of the Beautification Committee,' stated the Beautification Committee has not discussed this matter nor has the Committee made any statement concerning it.' Mr. Bob Green, owner of the property, spoke explaining the reasons 'for the traffic patterns of the cranes and equipment and stated the equipment did not help the condition of the unpaved road. He said his insurance rates reflect his Safety record and he took exception to the charges of hazardous driving by his employees. He also stated he could improve the aesthetics .of the area and would attempt to do so. Further discussion evolved between the audience and Mr. Green. The Public Hearing was closed. Mr. Gent stated.he saw three separate problems: 1 - zoning; 2 - traffic patterns; and 3 - paving S.W. 4th Avenue. He stated the County should be involved since they had determined Swinton Avenue would be one-way at this point. ~. Sanson asked if the property were rezoned, would Mr. Green be obligated to comply with the~'district boundary regu- lations. The City Attorney stated the district boundary regulations would apply. Mr. Sanson'stated he wanted to make this clear to Mr~ Green. Mr. Sanson moved to approve rezoning the property to MI (Medium Indus- trial) because the business has been located on the property prior to some of the residents, by passage of Ordinance No. 24-75. There being no second, Vice-Mayor Krivos relinquished the gavel to Mr. Gent and seconded the motion. Mr. Randolph stated he felt the rezoning would not solve the problems involved. Mr. Gent pointed out if this property is rezoned to industrial and at some future time, Mr. Green were to move to another l~=+ioni _. ......... in on this property. After further discussion, Mr. Sanson withdrew his motion. Mr. Sanson stated he was satisfied that Mr. Green could continue hiS operation without rezoning and pointed out any landscaping done by Mr. Green would be voluntary. The City Attorney stated since Vice- Mayor Krivos did not wish to withdraw her second, the motion by Mr. Sanson would have to be voted upon. Upon roll call, Council voted as follows: Mr. Gent - No; Mr. Randolph - No; Mr. Sanson - No; Vice-Mayor Krivos - Yes. The motion failed with a 3 to 1 vote. 8.c. City Manager Mariott presented Ordinance No. 29-75. AN ORD.INANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB- SECTION 29-1 "DEFINITIONS" BY ADDING BOARD AND CARE HOMES; ALSO BY AMENDING SUBSECTION 29-7 "C-1 LIMITED COMMERCIAL DISTRICT" BY ADDING BOARD AND CARE HOMES TO SUBPARAGRAPH (C) CONDITIONAL USES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDINGA PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 29-75 is attached to the official copy of these minutes.) The City Manager read the caption of the ordinance. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr. Gent moved for the adoption of Ordinance No. 29-75 on second and final reading, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; ~ice-Mayor Krivos - Yes. The motion passed with a 4 to 0 vote. -8- 7-14-75. 125 8.d. The City Manager presented Ordinance No. 30-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AN AREA LOCATED SOUTH OF LAKE IDA ROAD, NORTH OF ATLANTIC AVENUE, EAST OF THE LAKE WORTH DRAINAGE DISTRICT E-4. CANAL, AND WEST OF CONGRESS AVENUE IN "LI LIGHT INDUSTRIAL DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". .City Manager Mariott reported the City has been requested to rezone a tract of land 3.83 acres in size in Section 18-46-43 on the west side of Congress Avenue between Atlantic Avenue and Lake Ida Road from RM-15 (Multiple Family) to LI (Light Industrial). The Planning and Zoning Board recommended by unanimous vote that the parcel be rezoned. The City Manager read the caption of the ordinance. Mr. Gent moved for the adoption of Ordinance No. 30-75 on first reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mr. Randolph- Yes; Mr. Sanson - Yes; Vice-Mayor Krivos - Yes. The motion passed with a 4 to 0 vote. ' $.e. The City Manager presented Ordinance No. 31-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AN AREA LOCATED SOUTH OF LAKE IDA ROAD, NORTH OF ATLANTIC AVENUE, EAST OF THE LAKE WORTH DRAINAGE DISTRICT E-4 CANAL, AND WEST OF CONGRESS AVENUE IN "LI LIGHT INDUSTRIAL DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". City Manager Mariott reported the City has been requested to rezone a 1.09 acre tract Of land in Section 18-46'43 on the west side of Congress Avenue between Atlantic Avenue and Lake Ida. Road from RM-15 (Multiple Family) to LI (Light Industrial). The Planning and Zoning Board has recommended by unanimous vote that the parcel be rezoned. The City Manager read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 31-75 on first reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Krivos - Yes. The motion passed with a 4 to 0 vote. 8.f. The ~City Manager presented Ordinance No. 32-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 "ELECTRI- CITY'' BY AMENDING SUBSECTION 13-4 (g) "ADOPTION OF NATIONAL ELECTRICAL CODE"; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. 'City Manager Mariott explained this ordinance will adopt the 1975 Edition of the National Electrical Code which will replace the 1971 Edition that the City is currently operating under. There are approximately 900 changes involved, most of a minor nature. The City Manager read the caption of the ordinance. Mr. Gent moved for the adoption of Ordinance No. 32-75 on first reading, seconded by Mr. 'Ran- dolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mr.. Randolph -. Yes; Mr. Sanson - Yes; Vice-Mayor Krivos - Yes. The motion passed with a 4 to 0 vote. 8.g. The City Manager presented Ordinance No. 33-75.. AN ORDINANCE PURSUANT TO ARTICLE VIII, SECTION 2 Cb~ OF THE 1968. FLORIDA CONSTITUTION AND CHAPTER 73-129, LAWS OF FLORIDA, THE MUNICIPAL HOME RULE 7-14-75. POWERS ACT, AND SECTION 447.022, FLORIDA STATUTES, CHAPTER 74-100, LAWS OF FLORIDA, RELATING TO LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF THE .CONSTITUTION OF THE STATE OF FLORIDA; BY ADOPTING AN AMENDED PUBLIC EMPLOYEE RELATIONS ORDINANCE; PROVIDING RIGHT TO MUNICIPAL EMPLOYEES TO ORGANIZE AND BARGAIN COLLECTIVELY AS TO TERMS AND CONDITIONS OF EMPLOYMENT; PROVIDING METHOD OF BARGAINING PROCEDURE~ CREATING AND'PROVIDING ADMINISTRATION BY THE DELRAY BEACH PUBLIC EMPLOYEES RELATIONS COMMISSION; PROVIDING FOR CITY COUNCIL REVIEW OF COMMISSION RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES AND EMPLOYERS; PROVIDING PAYROLL DUES DEDUCTION; PROVIDING RULES AND PROCEDURES FOR REGISTRATION, RECOGNITION, AND CERTIFICATION OF EMPLOYEE ORGANIZA- TIONS AND BARGAINING AGENTS; PROVIDING PAYMENT OF FEES AND EXPENSES IN COLLECTIVE BARGAINING PROCESS; PROVIDING GRIEVANCE PROCEDURES; PROVIDING PROCEDURES FOR RESOLUTION OF IMPASSE; PROVIDING FACTORS TO BE CONSIDERED BY THE SPECIAL MASTER; PROVIDING FOR COMPENSATION AND RECORDS; ESTABLISHING UNFAIR LABOR PRACTICES BY EMPLOYERS AND EMPLOYEE ORGANIZA- TIONS; PROVIDING PROCEDURES TO RESOL%~ UNLAWFUL ACTIONS AND PRACTICES; ESTABLISHING PENALTIES AND REMEDIES; PROVIDING INJUNCTIVE RELIEF; PROVIDING EFFECT ON MERIT AND CIVIL SERVICE SYSTEMS AND 'STATE AND LOCAL CONTROL OF SAME; ADOPTING THE PROVISIONS OF ~447.023, CHAPTER 74-100, LAWS OF FLORIDA, AS A PART HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING AGREEMENTS; PROVIDING AN EFFECTIVE DATE. The City Attorney stated this ordinance contains additional changes that were put in at the request of the City's labor attorneys to make this ordinance more .ef. fec~ive~y compiy~with the comments of the Commissioners in the Lakeland hearing. These were not included in the second amended o~dinance. Tke City Attorney stated the second amendment was prepared at no cost and he did not know whether or not this amendment would be charged for by the firm. The City Manager read the caption. Mr. Sanson stated he was in favor of a mini-PERC. Mr. Sanson moved for the passage of Ordinance No. 33-75 on first reading, and that the City Attorney handle the filing of the matter instead of the Alley firm, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Maygr Krivos - No. The motion passed with a 3 to 1 vote. 9.a. The City. Manager reported the Planning and Zoning Board at a meeting held on June 17th recommended by unanimous approval that the site plan for The Lakes, Phase II, located on a portion-of a 200 + acre tract of land at the northwest corner of the intersection of Lake Ida Road and Nortk Congress Avenue be approved. At the July 7th workshop meeting, Council, after discussion with the City Attorney and Don Reed, attorney for the applicant, agreed that the applicant would make certain commitments to the City by written instrument. Additionally, the applicant would file with the City a copy of an agreement signed by the applicant and property owners on Lone Pine Road with regard to access to their property and/or buffering the condominium development of The Lakes. Mr. Randolph moved the subject be tabled until a later date, seconded by Mr. Gent. Upqn roll call, Council voted as follows: Mr. Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Krivos - Yes. The motion passed with a 4 to 0 vote. 10. The following bills for apprOval were approved on motion by Mr~ Gent and seconded by Mr. Randolph. Mr. Sanson asked what the dates were i~vol~ing the bill from Alley, Alley and Blue. The City Attorney replied the amount was a portion of the bill from the months of January and February, 1975. -].0- 7-].4-75. 127 -General Fund ............. $367,928.55 Water and Sewer Fund ....... , · 18,145.15 Utility Tax Fund ..... ? ..... 5,876.66 Citizens Contribution Fund ...... 1,000.00 Improvement Trust Fund ........ 18,5.73 Beach Restoration Fund ........ 4~892.81 Federal Revenue Sharing Fund ..... 6,139.68 Upon roll call, Council voted as follows: Mr. Gent - Yes; Mr. Randolpk - Yes; Mr. Sanson - Yes; Vice-Mayor krivos - Yes with the exception of Check No. 10995 in the amount of $855.03 to Alley, Alley and Blue. The motion'passed with a vote of 4 to 0. The meeting was adjourned at 10:00 P.M. CitY Clerk ApIpROVED~ / ~ / M A Y 0 R -11- 7-14-75. RESOLUTION NO. 37-75. A RESOLUTION OF TIlE CI'TY. COUNCIL OF TilE CITY OF '. DELRAY BEACII, FLORIDA, ACCEPTING ALL SANITARY SEWERS AND WATER LINES INSTALLED IN TIrE SUBDIVI- SION OF IIARBOURSIDE CONDOMINIUM APARTMENTS AS .. .OPERATIONILL AND SETTING TIlE INITIAL SCIIEDULE OF RATES, FEES AND OTIIER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISIIED BY SAID SANITARY SEWERS AND WATER SYSTEM. WHEREAS, the Director of Public Utilities has certified as operationa all sanitary sewers and water lines, as shown on the Preliminary Plat of Harbourside Condominium Apartments by the City of Delray Beach; and, WHEREAS, it is deemed to be in the best interest of the affected properties that the initial schedule of rates, fees and other charges to be imposed for the services and facilities furnished by the water and sewer system, as set forth and contained in Resolution No. 1359 and in Article I and III, Water and Sanitary Sewerage, Chapter 27 of the Code of Ordinances of the City shall become effective the 14th day of July, 1975, ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That all sanitary sewers and water lines in the .Harbour-- side Condominium Apartments are hereby accepted by the City as being opera- tional and the initial schedule of rates, fees and other charges previously ~st~bii-~hed, and ~p~i;~bie ~h~-~Lo, $i~ii become ef£ec-Live July 14, I~75. .Section 2. That nothing herein contained shall be construed as discharging the developer from the strict performance of his remaining contractual duties, and that the developer and his bond remain responsible · 'in all aspects until released in accordance with his agreements :with the City. PASSED AND ADOPTED in regular session on this the 14th day of July, 1975. V I C E - M A Y O,,R ATTEST: - ~-~Jz~ Cit. y Clerk 128A ORDINANCE NO 24-75 ·~ ' AN' ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 1 THROUGH 10, BLOCK 4, SOUTHRIDGE SUBDIVISION, AN AREA LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF DIXIE BOULEVARD, NORTH OF COUNTY PROPERTY, AND WEST OF SOUTII . SWINTON AVENUE IN "MI MEDIUM INDUSTRIAL DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACtt, FLORIDA, 1972" . WHEREAS, the Planning and Zoning Board· has recommended rezoning and placing land presently z~ned R-lA Single Family Dwelling District in "MI Medium Industrial District"; and, WHEREAS, the City Administration concurs in said recommendation; and, '- WHEREAS, .the City Council of the City of Delray Beach, Florida, has determined that such'6hange should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the "MI Medium Industrial District" as defined by Chapter 29 of the Code of Ordinances of ~he City---~ Lelray Aeaci,, ...... Lots 1 through 10,-Block 4, Southridge Sub- division', as shown in Plat Book 13, Page 38, of the Public Records of Palm Beach County, Florida, said property being located at 1200 S. Swinton Avenue, Delray Beach, Florida. Section 2. That the Planning Directors of said City shall, upon .- the effective date of this ordinance, change the Zoning Map of Delray Beach, F'iorida, to cOnform with the provisions of Section 1 hereof. PASSED AND ADOPTED in regular session on second and final reading on this the .... day of , 1975· ATTEST: City Clerk " First Rea~ing June 9, 1975 Second Reading . I , ~ . ~RDINANCE FAILED OF PASSAGE 3 to 1 Vote ' July 14, 1975 ORDINANCE NO. 29-75. o~ kN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" o' OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB- · SECTION 29-1 "DEFINITIONS" BY ADDING BOARD AND CARE HOMES; ALSO BY AMENDING SUBSECTION 29-7 "C-1 LIMITED CO~4ERCIAL DISTRICT" BY ADDING BOARD AND CARE HOMES " TO SUBPARAGRAPH (C) CONDITIONAL USES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITtI; PKOVIDING A PENALTY CLAUSE~ PROVIDING A SAVING CLAUSE. WHEREAS, The Planning 'and Zoning Board has recommended adding "Board and Care Homes" as a conditional use in C-1 Limited Conunercial District; and, WHEREAS, the City Administration concurs in said recommendation; and, WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that such change should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF D~LRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Sec. 29-1 of the Code of Ordinances of the City, as amended, be further amended by adding the following subparagraph under Definitions: Sec. 29-1 DEFINITIONS (67) Board and Care Homes. A residential type structure where no more than ten (10) adults are in residence at any one time. The care furnished in this facility shall be in the areas of personal hygiene, nutrition, recreation, and how to cope with problems of every- da~ living. Section 2. That Sec. 29-7 {C) of the Code of Ordinan6es of the C~ty, as amended, be further amended by adding the following subparagraph under Conditional Uses: Sec. 29-7 C-1 LIMITEb COMMERCIAL DISTRICT (C) CONDITIONAL USES _ ~25) Bqa~d and Care Homes, subject to Sec. 29-1(67). Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That any person, firm or corporation violating any of the proviSions of Section 2 above shall, upon conviction, be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach. "' Section 5. .That should any seCtioh~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 dec~sion shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ' PASSED AND ADOPTED in regular session on second and final reading on this the 14th day of July , 1975. V/I'C E M A Y.~R ATTEST: ~'~. City Clerk First Reading. June 23, 1975 Second Reading July 14, 1975 ~d. No. 29-75.