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08-12-74 365 6.a. The City Manager presented the proposed 1974-75 budget to ~-~ Council beginning on October 1, ]_974. He announced that copies of the proposed budget would be given to Council, the City Clerk and members of the press. He stated the budget for the fiscal year 1974-75 is in the amount of $10,200,600.00. This is an increase of $1,003,240 or 12% increase as reflected in the proposed budget one year ago. The increase proposed last year was 24%. The 12% increase this year was achieved only by use of several techniques and by drawing very heavily for operational purposes on Federal Revenue Sharinq Funds in the amount of $647,400.00, which amounts to about 7%% of the increase. 'If the Federal Revenue Sharing Funds were treated as General Fund operating revenue, the increase proposed for next year would actually be i9½%- ' as compared to 24% last year. Thus, the increase is more than 12% increase as shown by budgeted money. The sources of money and techniques utilized barely permitted balancing the 1974-75 budget without an increase in the tax rate; it is based on the current tax rate of 9.6 mills. Several factors caused the budget increase, the primary one being inflation; several others are growing unionism, new legislation affecting employees including wage and hour laws, continuous liberali- zation of employee benefits including recent upgrading of the employee pension plans, compensation increases, provisions of funds for adding 30 new employees during the coming year, and the upgrading of a few city services, primarily the trash collection service. The City Manager further stated the city provides service and nothing is more important than the providing of high level community service through competent employees. Consequently, the City continuously strives to maximize employee salary and benefits and to minimize, as much as possible, the addition of new employees. The proposed budget is predicated on this philosophy which proposes the addition of a minimum number of additional employees and across the board compensation increase of 10% for all employees. The past budget period had added 58 new employees, with 14 of those in the Police Department and 11 in the Fire Department. The present proposed budget has a total of 30 new employees as con- trasted with 58 last year. increases in service charges and fees in this budget will produce an estimated $150,000 in revenue which was a small part in balancing the budget. The City Manager stated there might be additional proposals that could result in some revision in the budget as proposed prior to the time it is finalized by public hearing and Council. He suggested the budget be discussed in workshop meeting Monday night, .August 19, 1974 at 7:00 P.M. for this purpose. Copies of the proposed budget were passed out to Council and press. The name and paper of each press '~representative receiving a copy of the budget were taken. The City Manager stated that of the 9.6 mill tax, 1.53 mills are for debt ser- vice and 8.07 mills are for operational expenses. He requested Council to turn to page 3 of the budget under the heading of Federal Revenue Sharing Funds. This section states that certain items which would ordinarily be purchased with budgeted money are not provided for in this budget due to the shortage of funds as mentioned earlier. Since most of these items are absolute musts as far as purchase expenditures are concerned, the Federal Revenue Sharing Funds' availability was examined, and through June, 1975, it is estimated that approximately $828,000 in Federal Revenue Sharing Funds can be used at Council's discretion. This figure includes cash on hand and funds that are expected by the end of June, 1975. The City Manager further explained several items in this section. He specifically mentioned Aquacrest Pools and the allocation of $15,000 for this project. Federal Revenue Sharing Funds will not be available for direct use for this purpose; therefore, an additional $37,500 has been requested for the project. TD~ City Manager recommended that Council take this request out of context and pass on it so 'the other agencies involved can be contacted and the pool could be built. Mayor Scheifley suggested this be done on a ~ontingency basis in the event Boynton Beach and/or the County does not agree to participate. Discussion ensued on the sUbject with Mr. Weekes moving to allocate $37,500 for the construction of the pool at Atlantic High School. There being no second, the matter was deferred to workshop. -3- 8-12-74. 366 The City Manager reported that in 1970-71, the City spent $494,434 for law enforcement purposes. In the present proposed budget, including both budgeted funds and funds from Revenue Sharing, there is a proposed expenditure of $1,160,870.00 which is an increase in 4 years of 135%. This budget does provide for an addition of a canine corp in the Police Department. 6.b. The City Manager reported the following bids have been received for storm drainage work to be accomplished on Lowry, Andrews, Thomas and South Vista Del Mar Streets: ~IDDER BID James A. Porter Company $228,013.00 Gulfstream Construction Company 259,902.00 Pipe-Rite Utilities Company 269,245.75 Oakwood Park Construction 280,816.00 It is recommended that Council authorize the award of the contract to the low bidder, James A. Porter Company, in the amount of $228,013.00, with financing to come from proceeds of the Southwest Drainage Bond Issue funds. The payment for engineering plans and specifications for this project will come from the same source of financing. The City Manager stated North Vista Del Mar is being handled by a separate project, the funds for which will come from a different source. Mrs. Krivos questioned the amount in the Southwest Drainage Project; the City Manager stated there was a sufficient amount to cover this project, and that it could legally be used in this area since the bond indenture is for storm drainage installation. Mr. SauDders moved the award of the contract to the low bidder, James A. Porter Company, in the amount of $228,013.00, with funds to come from tko Southwest Drainage Bond Issue, seconded by Mr. Weekes. The motion passed unanimously. Mayor Scheifley requested the City Manager to contact Mr. Bill $c~aalz to inform him of this project. 6.c. The City Manager stated the terms of Kenneth C. Ellingsworth and James J. Ritterbusch as members of the Delray Beach Housing Authority expired on July 14, 1974. Both gentlemen are willing to accept reappointment, if Council so desires, for a term of four years with an expiration date of July 14, 1978. Mr. Saunders moved for the appointment of Messrs. James Ritterbusch and Kenneth Ellingsworth to the Delray Beach Housing Authority for a period of four years, said term to expire on July 14, 1978, seconded by Mr. Randolph, said motion passing unanimously. Mayor Scheifley explained the ramifications of the Financial Disclosure Law, stating no figures or money disclosure is involved. 7.a. City Manager Mariott reported a request has been received for a gratis license from Mr. Sydney Brickman, 162 Seville Lane, Delray Beach, for interior decorating to be known as Home Interiors, 790 North Federal Highway. Satisfactory evidence per Section 16-4 of the City Code and Section 205.162 of the Florida Statutes has been submitted. Approval is recommended. Mr. Randolph so moved. Mrs. Krivos questioned the location of Seville Lane. it was established Seville Lane is in Kings Point in the County. On this basis, Mrs. Krivos moved to table the request until the next meeting, seconded by Mr. Weekes, said motion passing unanimously. 7.b. The City Manager has received a request from the Florid. a League of Cities to designate a voting delegate to the 48th Annual Convention as is customary. Mr. Weekes moved that Mayor Scheifley be appointed as the voting delegate to the Annual Convention of the Florida League of Cities, secunded by Mr. Saunders, said motion passing unanimously with Mayor Scheifley abstaining. 7.c. Mayor Scheifley acknowledged receipt of the minutes of the Beautification Committee for their meeting held on July 3, 1974. -4- 8-12-74. 367 8.a. The City Manager presented Resolution No. 45-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR 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 PRO- PERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 45-74 is attached to the official copy of these minutes.) The City Manager recommended approval of Resolution No. 45-74 providing for the assessment of costs for the clearing of properties. Mr. Saunders so moved, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.b. The City Manager presented Resolution No. 46-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CONCERNING THE ISSUANCE OF BUILDING PERMITS WHERE SEWERS ARE .AVAILABLE AND THE O~qERS ARE UNABLE TO CONNECT TO SAID SEWER LINES PURSUANT TO TEMPORARY OPERATING PERMIT ISSUED BY THE DEPARTMENT OF POLLUTION CONTROL, STATE OF FLORIDA. (Copy of Resolution No. 46-74 is attached to the official copy of these minutes.) The City Manager recommended the adoption of Resolution No. 46-74 which outlines the procedure for the permission of septic tank use in the City even though the property is owned or within 100 feet of a sanitary sewer 'line. This is a special dispensation the City secured from the Board of County Commissioners sitting as the Board os Environmental Control. Mrs.. Krivos moved for%the'passage of Resolution No. 46-74, seconded by Mr. Saunders. 'Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifle¥ - Yes. 8.c. The City Manager presented Resolution No. 47-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR 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 NUIS~qCES, AND 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. 47-74 is attached to the official copy of these minutes.) City Manager Mariott recommended that Resolution No. 47-74 bc approved providing for the allocation of clearance costs on certain properties for the removal of nuisances. Mrs. Krivos moved for the passage of Resolution No. 47-74, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr'. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.d. The City Manager presented Ordinance No. 33-74. -5- 8-12-74. 368 AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY ~ENDING SUB- SECTION 29-6 PERTAINING TO THE MINIMUM SITE AREAS IN THE NEIGHBORHOOD COM~IERCIAL ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. City Manager Mariott stated 'the Ordinance has been discussed by Council at several workshop meetings and has been recommended for passage by the Planning and Zoning Board. The Ordinance provides for minimum site areas in the NC (Neighborhood Commercial) zoning district. Mr. Randolph moved for the adoption of Ordinance No. 33-74 on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.e. The City Manager presented Ordinance No. 34-74. AN ORDINANCE'OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINanCES BY AJ4ENDING SUB- SECTION 29-6 PERTAINING TO THE MINIMUM SITE AREAS IN THE CO~.~4UNITY COMMERCIAL ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. City Manager Mariott stated the Ordinance has been discussed by Council and has been recommended for passage by the Planning and Zoning Board. The Ordinance provides for minimum site areas in the CC (Community Commercial) zoning 'di~.triCt~i~M~Weekes moved for the adoption of Ordinance No~ 34-74 on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Mr. Weekes questioned Mr. Jacobson of the Planning and Zoning Board as to why the wording in the Ordinance included both square footage and acreage. It was agreed to pass the Ordinance on first reading and have the correction made prior to second reading. 8.f. The City Manager presented Ordinance No. 35-74. AN ORDINanCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SECTION 29-5.1 PERTAINING TO PERMITTED USES AND MINIMUM LOT SIZE IN THE RM-20 ZONE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. City Manager Mariott stated passage of this Ordinance was recommended by the Planning and Zoning Board sometime ago and has been discussed by Council. The ordinance pertains to permitted uses and minimum lot sizes in the RM-20 (Multiple Family Dwelling) zoning district. Mrs. Krivos moved for the passage of Ordinance No. 35-74 on first reading, seconded by Mr. Randolph. Upon roll call, COuncil voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.g. The City Manager presented Ordinance No. 36-74. AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, k~ENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB- SECTION 29-6.3 BY ADDING LIBRARIES AS USES PERMITTED; PROVIDING FOR THE USE OF WALLS AND FENCES AND PARKING SPACES FOR LIBRARIES. --6-- 8-12-84. 369 City Manager Mariott reported this Ordinance was recommended by the Planning and Zoning Board and has been discussed by Council. It provides for allowing libraries as a permitted use in the Central Business DiStrict Zone and provides regulations regarding walls, fences and parking spaces for libraries. Mr. Saunders moved for the adoption of Ordinance No. 36-74 on first reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.h. The City Manager presented Ordinance No. 37-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-iA SINGLE FAMILY DWELLING DISTRICT IN "MI MEDIUM INDUSTRIAL DISTRICT", AN AREA LOCATED ON THE EAST SIDE OF SWINTON AVENUE, BETWEEN THE .SOUTH CITY LIMITS OF DELRAY BEACH AND STERLING AVENUE, DELRAY BEACH, 'FLORIDA, AND WEST OF F.E.C. RAILWAY CONSISTING OF BLOCK 3, LOTS 1 THROUGH 7 OF SOUTHRIDGE SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 13 AT PAGES 38 AND 39; ~D AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". The City Manager reported this has been discussed by Council and has been recommended for passage by the Planning and Zoning Board. The Ordinance would rezone from R-lA (Single Family Dwelling) to MI (Medium Industrial) the property consisting~o~ Block 3, Lots 1 through 7, of the Southridge Subdivision °n ~he~ eas~ ~gide of Swinton Avenue between the south City limits and Sterling Avenue and west of the FEC Railway.. Mr. Weekes moved for the adoption of Ordinance No. 37-74 on first reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.i. The City Manager presented Ordinance No. 38-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CIty,OF DELRAY BEACH CERTAIN LANDS LYING IN SECTIO~ 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID L~qDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. City Manager Mariott reported this'item and the four succeed- ing items on the agenda all pertain to the application submitted to the City by the Boca Raton Yacht and Tennis Club, Inc. These items have been before'the Planning and Zoning Board and have been discussed by Council. At the developer's request, the Planning and Zoning Board considered all five items as a "package" and voted 6 to 1 to deny the applications since the project would increase the density of an essentially single family area, would create too much commercially zoned land, would be a burden on the city's utilities system and is in violation of the future land use plan. The City Manager suggested that some of the misconceptions surrounding this project might be alleviated by reading the minutes from the Council workshop meeting. "Following considerable discussion of the applicant's proposed development of an approximately 200 acre tract of land at the southeast corner of Linton Boulevard and 1-95, there was an informal consensus of Council that it would look with favor on granting -7- 8-12-74. 370 the applicant's request involving annexation, rezoning and street realignment as set forth in an application to and considered by. the Planning and Zoning Board . . with the exception that the 58.3 acre tract will not be rezoned from R-1AA to RM-15 as requested by the applicant and the 10.1 acre tract is to be annexed subject to R-1AA instead of RM-15 zoning as was requested by the applicant, and the proposed 5 acre park is to be eliminated." At the last Council workshop meeting, Council secured the agreement of the applicant to implement single family zoning on acreage for which the applicant had originally requested for multiple family zoning. The City Manager stated the first three ordinances are annexations and the following two are rezoning. Mayor Scheifley asked for those people planning to speak to this item to identify themselves. Equal time was allotted to speakers from the audience after the peti- tioner answered questions. A sketch was projected depicting the three areas to be annexed and the two areas to be rezoned. Mrs. Kay Larche, 5190 Garfield Road, Delray Beach, Chairman of the Delray Beach League of Women Voters Planning and Zoning Committee; Mr. Ron Sanson, 1630 Cathrine Drive, Delray Beach; Mrs. Jean Robinson, 621 Linnet Circle, Delray Beach; Mrs. Carol Cox, 732 Heron Drive, Delray Beach; Mr. Carl Ruopp, 530 Linnet Circle, Delray Beach, Vice-President of Tropic Palms Home Owners Association; Dr. Carl Carter, 1421 N.W. 2nd Avenue, Delray Beach; Mr. Frank F. Ellis, 553 Jaeger Drive, Delray Beach; Mrs. JoAnne Thielen, 526 Linnet Circle, Delray Beach; Mr. Mel Blum, 745 Heron Drive, Delray Beach; Mrs. June Ruopp, 530 Linnet Circle, Delray Beach; and Mr. Larry Larche, 5190 Garfield Road, Delray Beach, all spoke from the floor opposing th~ proposed plan of the Boca Raton Yacht and Tennis Club, Inc. Their main objections were as follows: the coz~ercial portion of the plan will change the single family aspect of the area; there is a shopping center under construction one-half mile away and not enough population exists to support both, especially since the pro-- posed center will cover 52 acres and is considered a regional center; property west of Linton Boulevard is presently zoned for a neighbor- hood commercial center (8 acres); the county has property zoned at the corner of Military Trail and Atlantic Avenue for a commercial center; the realignment of roads with the commercial property will change the atmosphere of the area; the single family kome values could be damaged by the introduction of such a center in the area; and the entire concept is against the Master Plan of the City. It was established the petitioner has agreed to all of the changes proposed by the Planning and Zoning Board. Mr. Donald McClusky spoke for the petitioner, answering questions, and offering informa- tion that indicates the present plan does not violate the Master Plan of the City. Such lengthy discussion ensued among Council members, the petitioners and the audience and questions were raised that appeared to be in conflict with presentations that the Council expressed a desire to discuss the project further in workshop meeting. Mrs. Krivos moved that Items 8.i., 8.j., 8.k., 8.1., and 8.m. on the agenda be referred back to the Planning and Zoning Board, seconded by Mr. Weekes. Mayor Scheif!ey ascertained the intent of the motion is that the Planning and Zoning Board reconsider these requests and report back to Council prior to the next regular Council meeting. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Saunders - No; Mr. ~eekes - Yes; Mayor Scheifley - Yes. Tke motion passed with a 3 to 2 vote. 8.n. The City Manager presented Ordinance No. 43-74° -8- 8-12-74. 370A / 8. ~. First Reading of Ordinance No. 38-74 relative .to annexation -- 10.11-acre tract, of land located on the north] side of Audubon Boulevard between 1-95 and Robin Road. J. First Reading of Ordinance No. 39-74 relative to annexation -- 9.4526-acre tract of land located on the South side of S. W. 12th Street between Whippoorwill Road and Egret Circle. k. First Reading of Ordinance No. 40-74 relative to annexation -- 2.0650-acre tract of land located on the south side of S. W. 12th Street between Germantown Road and I~95. 1. First Reading of Ordinance No. 41-74 rela%ive to rezoning re- quest -- Boca Raton Yacht & Tennis Club, Inc. (Parcel B). m. First Reading of Ordinance No. 42-74 relative to rezon'ing re- quest -- Boca Raton Yacht & Tennis Club, Inc. (Parcel C). AGENDA 8-12-74 Page 2 371' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACtI, FLORIDA, ADOPTING A NEW CHAPTER IN THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, TO BE KNOWN AS THE "ANTI-LITTER ORDINANCE" PERTAINING TO THE THROWING OR DEPOSITING OF LITTER IN PUBLIC PLACES IN THE CITY; REGULATING THE DISTRIBUTION OF COMMERCIAL AND NON-CO['~ERCIAL HANDBILLS; CONTROLLING TIlE DEPOSITING OF LITTER ON' PRIVATE PREMISES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. City Manager Mariott stated the Ordinance to be known as the "Anti-Litter Ordinance" has been discussed by Council. It pertains to throwing or depositing of litter in public places in the City, regulating the distribution of commercial and non-commercial handbills and controlling the depositing of litter on private premises. The City Manager reported there is an amended page to the ordinance (page 4), said changes are to clarify usage of language. Mr. Weekes moved for the adoption of Ordinance No. 43-74 on first reading, seconded by Mr. Randolph. Mayor Scheifley questioned how the ordinance applies to certain business locations in the City where each morning litter seems to accumulate. The City Attorney stated this ordinance covers such situations and could be enforced. The City Manager stated the pro- cedure for enforcing the ordinance would be the same as any other city ordinance requiring enforcement. Mr. Randolph suggested that one person be assigned by the City to act as an inspector and point out areas that require enforcement. Mayor Scheifley suggested that the ordinance be adopted on first reading and following the passage of the ordinance on second reading, the City Manager and other involved personnel would consider methods of enforcement and inspections. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. $.o. The City Manager presented Ordinance No. 44-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SUBSECTION (c) OF SECTION 22 "PAYMENTS TO THE CITY" OF THE DELRAY BEACH CATV LEADERSHIP FRANCHISE (ORDINANCE NO. 29-74) PERTAINING TO GUARANTEED MINIMUM YEARLY PAYMENTS AND PROVIDING AN EFFECTIVE DATE. City Manager Mariott explained that in Ordinance No. 29-74 which granted a Cable TV franchise to Delray Beach-CATV Leadership Franchise Systems, Inc., was a guarantee of payment to the City based on a minimum number of subscribers for each of several years. The City has been informed that the FCC will not approve the agreemen~ with the minimum payment clause in the franchise agreement. Ordinance No. 44-74 would remove that provision from Ordinance No. 29-74. He further stated it could conceivably lower the revenue the City would ' receive, but added it simply removes the guarantee for a certain number of years. Mr. Weekes moved for the adoption of Ordinance No. 44-74 on first reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. X. Mr. Saunders left the meeting at 10:55 P.M. 9.a. The City Manager reported the Planning and Zoning Board at a ~&eeting held on July 16th recommended by a vote of 6 to 1, with Mr. Simon dissenting, that Council approve the site plan for The Lakes, Phase I (456 units on 32.1 acres) located on the northwest corner of the i~tersection of Congress Avenue and Lake Ida Road, lying in the Southeast quarter of Section 7-46-43. Council has reviewed the site plan at workshop meeting. -9- 8-12-74. 372 Mr. David Levy spoke from the floor as the representative for the developer° Mr. Levy stated at a previous Planning and Zoning Board meeting, not only Phase I, but the entire concept containing 2,730 units was approved. Phase I, containing 456 units, was .approved as a portion of the entire project. He requested that Council vote for the entire concept rather than just Phase I. The City Manager reported the City Attorney had ruled at the workshop meeting that it would not be appropriate for Council to consider overall approval of the concept, but only consider approval of the site plan which action was recommended by the Planning and Zoning Board. Mr. Levy stated his petition required approval of the waterway and roads which would require approving the whole project in order to begin Phase I. It was determined that only Phase I would be considered at this meeting. Mr. James W. Nowlin, Jr., 3860 Lone Pine Road, Delray Beach, spoke from the floor stating he had been informed that the overall concept was to be considered by Council at this meeting. Mr. Nowlin and Mr. Kern had attended the open meeting of the Planning and Zoning Board in June of 1974 at.which time they objected to two aspects of the plan: 1 - the developers were eliminating a p~bl~c r~ad~i~/~'~-which several persons had a vested interest; and 2 - .the developers were going against the ordinance which brought the property into the City by changing the concept of the buffer zone. The Planning and Zoning Board at that meeting denied the petition. Mr. Nowlin referred to the possibility of establishing a precedent by approving Phase i, ques- tioning whether or not the whole project would rest upon this approval. He questioned whether or not the Lake Worth Drainage District, which will be tied into a lake in the development, could properly be used in maintaining density requirements. The acreage of the lake is approximately 25 to 30 acres and apparently is being used to determine density in the project. Mr. Nowlin reported that in the July Planning and Zoning Board meeting, Mr. Kern read a letter from Mr. John H. Adams directed to the owner of the property in 1960 in which it was agreed in'consideration of a payment of $20,000, a public road would be constructed to County specifications. Subsequently, the money was paid and the road was constructed and is being used as a public right- of-way. The City Attorney stated he had informed Mr. Nowlin at the July meeting that the City had no responsibility for the road since it was not recorded and was.not a public road as far as the City is concerned. Mr. Nowlin acknowledged the road was not a dedicated road, but is a public road. Mr. Levy reported investigation had indicated the County does not recognize the road as public, but the agreement for the road was evidently a private one between the residents of the Lone -Pine area and the previous owners of this property, then known as the Dorson property. He stated further that public access to the property in question is through Davis Road, which is the western boundary of this property. Mayor Scheifley stated the legal questions being raised should be reserved for a workshop meeting and questioned Council as to whether or not they wished to defer the vote on the project or handle it in this meeting. Discussion followed indicating some confusion on the waterways and roads. Council ascertained approval of Phase I did not affect the road or the lake being questioned. The City Manager reported the lake was not used in computation on density in Phase I. Mr. Weekes moved for the approval of Phase I of The Lakes site plan and no other portion of the project, seconded by Mr. Randolph, said motion passing unanimously. 10.a. The following Bills for Approval were unanimously approved on motion by Mr. Randolph and seconded by Mr. Weekes. General Fund ............... $311,574.74 Water and Sewer Fund ........... 87,248.58 Utility Tax Fund ............. 14,850.00 Improvement Trust Fund .......... 60,035.20 49 Beach Restoration Fund .......... 148,464. Federal Revenue Sharing Fund ..... '~. .' 1,200.00 -10- 8-12-74. 373 10.b.1. The City Manager reported for some time he has had conversa- tions and correspondence with Mr. Ronald P. Sauers, President of the Palm Beach County Police Benevolent Association and Mr. Thomas F. Panza, Attorney, concerning their desire, to unionize the police patrol- men in Delray Beach. City Manager Mariott stated he had given this request to the City Attorney for legal interpretation and investigation. As of this time, the City Attorney has not fully completed his inves- tigation and Mr. Panza has indicated a desire to present a request to City Council and discuss it at length in a later workshop meeting. Mr. Panza, Attorney from Ft. Lauderdale, representing the Palm Beach County Police Benevolent Association, presented a request for recognition for the Palm Beach County Police Benevolent Association to represent the police officers of Delray Beach in collective.bar- gaining. Mr. Panza stressed the organization is not union and does not wish to be characterized as a union. According to Article I, Section 6, of the Florida Constitution, the organization is allowed to engage in collective bargaining; all public employees are allowed this right. Mr. Panza stated their sole request was to be the exclusive bargaining agents for the police officers of the City, assuming more than 50% of the officers are in favor of the agreement. At present, the organiza- tion has signed statements from more than 50% of the officers authoriz- ing them to act as collective bargaining agents. The problem that exists is that if the City does not agree to the meeting necessary to commence the collective bargaining process prior to passage of the 1974-75 budget, the public employees of the police dep'artment will have lost the right to collective bargaining for this year in the realm of economic matters. Mayor Scheifley suggested that the matter be referred to the next workshop meeting of the Council to which the PBA should not be invited, according to the City Attorney. 10.b.2. The.City Manager stated some time ago, Council decided to ~llow the recommendation of the Planning and Zoning Board and modify the future land use plan by rezoning a sizable tract of land at the northwest corner of Linton Boulevard and Old Dixie Highway. The change would be from R-lA Single Family to MI Medium Industrial. Mr. Weekes moved to discuss the matter at a workshop meeting, seconded by Mrs. KriVos, said motion passing unanimously. 10.b.3. Mayor Scheifley reported that he and Mr. Randolph had attended a long session in Federal Court in Judge Fulton's Courtroom on the Farm Labor case. Four questions were involved: 1 - $10,000 damages from the City due to the delay, in giving a decision, thus allowing the price of land to increase; 2 - $215,000 to be paid by the City because of the increase in constrUction cost between the time of the original proposal and the cost today; 3 - individual damage suits against each individual Councilman; and 4 - attorney's fees. Mr. Up- church was the chief and only witness in the case from the American Friend's Society. Judge Fulton, after hearing both attorneys question Mr. Upchurch, stated he felt they did not have much of a case on the increase of the price of land, nor is asking for $215,000 for increase in construction costs, and further stated that there is no racial discrimination involved. However, since the New Orleans Circuit Court reversed his decision, it was his duty to uphold the law and to support the decision. He further stated that he would not rule on the first three items, but asked that the attorneys get together to come to some agreement concerning payment of fees. Mr. Chapin will report to Council on the final agreement. The meeting was adjourned at 11:17 P.M. APPROVED ~ -% , ~ -11-. 8-12.-74 A RE~OLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCh'.RED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AS~ LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY iN AN ~ODI~T AS SHOWN BY RE- PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach, did, in ~,~,~l,~x~m~mm session held on the 2~th day of March, .. declare the existence of a nui- sance upon certain ions or parcels of land, described in a list sub- mitred 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 ~he respective owners 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 property; and W~REAS, the owners hereinafter named did fail.and neglect to abate the nuisance existing upon their respective'.!ands 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 lands and incur costs in abating ~he nuisance existing, thereon as described in the aforesaid list; and ~HEREAS, the City Manager of the City of Delray Beach, has, pur- suant to said Ordinance G-l~7 and the City Charter submitted to the City Council a report of the costs incurred in abating the nuisance as aforesaid, said report indicating the costs per parcel of land involved. ~OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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 the lien for general city taxes and shall be col- lectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City h~xes are collect- 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 . 2~th d~y of Ma~ch,. order the abatement of a certain nuisance existing on their describe~ property and property owner having failed to abate such nuisance, within the 30 day period, whereupon it was abated by the City at costs shown in said report and su2h assessments shall be legal, valid and binding obligations Upon the property against which said assessments are levied. This resolution shall become effective 30 days from the date of adoption, and the assessments contained herein shall become due and payable thirty days after the 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 ,~he .12th.. day of ATTEST: 373B RESOLUTION NO. 46-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CONCEF~NING THE ISSU~24CE OF BUILDING PERMITS WHERE SEWERS ARE AVAILABLE AND THE OWNERS ARE ~UNABLE TO CONNECT TO SAID SEWER LINES PURSUANT TO TEMPORARY OPERATING PERMIT ISSUED BY THE DEPARTMENT OF POLLUTION CONTROL, STATE OF FLORIDA. WHEREAS, the City of Delray Beach is under a sewer moratorium imposed by a temporary operating permit issued by the Department of Pollution Control, State of Florida, wherein additional users of the sewer facilities may not'be connected to the present sewer system unless the sewage is treated to the 90 per cent factor; and, WHEREAS, the ordinances of the City of Delray Beach call for a hookup to the sewer system for anyone located within 200 feet of a city sewer line which cannot be done because of the temporary operating permit issued by the Department of Pollution Control; and, ' WHEREAS, lot owners and the home building industry are penal-' ized because of being unable to build; and, WHEREAS, the Palm Beach Board of County Con~nissioners acting as the Environmental Control Board will allow the use of septic tanks on property which meets the standards of the County Health Department, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. The Chief Building Official of the City of Delray Beach is authorized to issue a building permit to those owners who will be permitted to use septic tanks under the following conditions: (a) The approval and issuance of a septic tank permit by the Palm Beach County Health Department. (b) The payment of the sewerage connection fee to the City. (c) The installation of a connaction to the City sewer line if within 200 feet of the property with the omission of 4 feet of pipe from the setback line. Compliance with this provision is required before the issuance of a Certificate of Occupancy. (d) Post a $100.00 cash performance bond with the City to insure that the owner will connect to the sewer within 30 days from the date of mailing notification by certified mail or within 20 days after posting of notice on the structure in the event the certified mail is returned. If the final hookup and discon- tinued use of the septic tank is not completed within the above time limits, the owner will forfeit the bond to %.~e City and the City will proceed to dis- connect the septic tank and make the connection to the City sewer line. (e) Owner, upon the posting of the bond, authorizes the City to enter upon the owner's property to perform such connections if the owner fails to comply within the time limits set out above. 373C (f) Owner, upon acceptance of these conditJ, ons, agrees that these conditions shall be made a part of any and all future transfers of the property and subse- quent owners likewise agree to abide by this provision. 2. A copy of this Resolution shall be given to each owner who utilizes a septic tank under these conditions. The Building Official shall obtain a receipt showing that the owner obtained a copy of this Resolution. 3. This Resolution shall take effect immediately upon passage by the City Council of the City of Delray Beach. PASSED AND ADOPTED in regular session on this the /z F~ day of ~$F , 1974. ATTEST -2- Res. No. 46-74. ~ RESOLUTION NO. 47-74 373D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING T~IE COST OF SUCH ABATEMENT OF SAID NUISANCES, AS~ DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE- PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach, did, in Reqular ~~ session held on the 28th day of January _. 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; ~EREAS, pursuant to such declaration, the City Clerk of said City did furnish each of the respective owners 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 Counci~ would have it done, and the cost thereof would be levied as an assessment against said property; and WHEREAS, the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respective 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 lands and incur costs in abating the nuisance existing 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-l~7 and the City Charter submitted to the City Council a report of the costs incurred in abating the nuisance as aforesaid, said report indicating the costs per parcel of land involved. ~OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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 the lien for general city taxes and shall be c°l- lectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as city taxes are collect- 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 28th day of January, 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 it was abated by the City at costs shown in said report and such assessments ~hali be legal, valid and binding obligations upon the property against which said assessments are levied. This resolution shall become effective 30 days from the date of adoption, and the assessments contained herein shall become due and payable thirty days after the 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 the . !2th day of 374.