Loading...
05-10-83 MAY 10, 1983 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:05 P.M., Tuesday, May 10, 1983. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Doak S. Campbell Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Donald Mackay, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Jackel moved for approval of the minutes of the regular meeting of April 26, 1983 and the special meeting of April 20, 1983, seconded by Mr. Bird. Said motion passed unanimously. 5.a.1. Robert French, 131 Mockingbird Lane, complimented Council on a decision they made several months ago to allow, within the City of Delray Beach, a home for boys between the ages of 10 and 14, which is now under the guidance of an agency known as the Center for New Direc- tion. 5.a.2. Elizabeth Matthews, 1024 White Drive, stated that she has been instructed by the Board of Trustees of her Civic Association to ask the Administration for an explanation of the circumstances which affect them relative to the paramedic service. There are four fire stations within the City of Delray Beach and three paramedic units. They are at all fire stations except the beach station and they would like to know by what criteria the Administration decided the beach would not be provided with paramedic service. The City Manager stated he feels it would be appropriate if they spent some time bringing the facts and figures together on response times and frequency of calls from various areas. They should be able to reply promptly to the Civic Association's request. 5.a.3. Ralph Dye, 2000 South Ocean Boulevard, questioned whether the City of Delray is providing free paramedic service to the City of Gulfstream, and if so, why. Mayor Young stated that it is his understanding that pre- sently they are providing Gulfstream with free service. However, nego- tiations are being proceeded into but as yet have no bearing on what they are going to do relative to what Gulfstream should pay. 5.a.4. Kathi Sumrall, member of the Clean Community System, thanked the Administration, employees of the City, Matt Gracey, Jr., Ken Ellings- worth and Councilman and Mrs. Jackel for their support and full coopera- tion in a pilot program, devised by the NSA and CCS, to help clean up the store fronts of Atlantic Avenue. 5.b.1. Mr. Jackel thanked everyone who was involved in the beau- tification of East Atlantic Avenue. He feels it was a wonderful project and he would expect to see a great deal more public participation which will result in a cleaner and more beautiful City. 5.b.2. Mr. Bird stated that, although they have spent a lot of time this year getting more familiar with the various City departments, he feels they have neglected to give the Administration a budget policy for the formulation of this year's budget. He suggested that they should schedule a meeting, probably within the next two weeks. The City Manager stated that Council should al so keep in mind that they will apparently have to reschedule their regular Council meeting so that all Council members will be present to consider awarding the garbage and trash contract. 5.b.3. Mayor Young presented and read a proclamation proclaiming the week of May 21 - 28, 1983, as "Missing Children Week". 5.b.4. Mayor Young presented and read a proclamation proclaiming the month of May, 1983, as "Senior Citizen Month". 5.c. The City Attorney requested that Ordinance No. 37-83, which was inadvertently left off the agenda, be considered by Council tonight, on First Reading, as item 37. 5.d.1 The City Manager requested that item 20. be removed from the regular agenda and become the first item of business after the Public Hearing. 6. Mr. Bird moved for agenda approval with the addition of item 37. to be Ordinance No. 37-83 and the repositioning of item 20. to become the next order of business after item 10., seconded by Mr. Perry. Said motion passed unanimously. 7. Mayor Young presented City Service Awards to the following: James H. Ballou - Member Community Appearance Board Carlton Bone - Member Code Enforcement Board Robert Chapin - Member Human Relations Committee Donald De Renzo - Member Board of Adjustment Nadine Hart - Member Board of Adjustment John Henderson - Member Board of Adjustment Kenneth Jacobson - Member Contractors Board of Examiners Harry Newman - Member Downtown Development Authority Frank Schwarz - Member Contractors Board of Examiners Richard Sheremeta - Member Code Enforcement Board Joel L. Smith - Member Civil Service Board PUBLIC HEARING 8. Garbage and Trash Service. PUBLIC HEARING for determining the type of garbage and trash service to be provided to the various areas of the City. The City Manager explained that several months ago Council instructed the Administration to advertise a map for the purpose of conducting a public hearing to determine the type of garbage and trash service to be extended to various areas of the City. After considerable public input they prepared a map and adopted the map which was placed in the back of the garbage contract they have subsequently bid. At that public hearing it was determined that the public ought to have one more chance to study the map before any firm and binding decision was made by Council. They now have a better idea of the relative prices of the various types of service; however, this public hearing is not on the garbage contract, it is simply on the type of service to be provided. He stated that they have not published the estimated costs, only the estimated percentage differentials. The rates would be established by ordinance and there will be a seperate public hearing on that ordinance. - 2 - 5/10/83 Hu~h Delfs, President of High Point Section 1, stated that they have been enjoying County Sanitation and have a good rate with them. One of the types of service which the City is proposing under the new contract will provide them with the same type of service they are now receiving. They are not concerned if the City renews the County Sanitation contract or whether they give it to another contractor; however, they are concerned that they receive the same kind of service and rates. Sam Schwimer, Pines of Delray, stated that when this item was first discussed they asked for the right to go to the same type of contract which High Point and Country Manors have. They were told they did not meet the specifications required. Now they are interested in cooperating with the City and having a contract through the City pro- viding they can have the same type of service at no higher prices. Alfred Reber, 941 Tropic Boulevard, stated he feels that some provision should be made to have a major size pickup, perhaps once a month, for trash which does not conveniently fit into plastic bags. Richard Townsend, 14 S.E. 1st Street, stated he feels that the City should go to one class of service for everyone. Dividing the City up into different service levels does not make sense and is not economical. Dave Randolph, 105 N.~. llth Avenue, stated that he is interested in knowing whether his garbage and trash bill will increase when they go to private contract. He has not seen any stated figures and he feels before they do anything the citizens need to know what their bills will be. Mr. Campbell stated that he felt there would be more people this evening who wanted to address the map and what type of service they will be receiving; once the map is in place that is the type of service they will be receiving and no further discussion will be held on the matter. Susan Cohen, 800 N.W. 6th Avenue, stated that she lives in one of the areas scheduled to receive backdoor/sidedoor pickup. When the roll-out cart pilot program was started she received one of the carts and enjoyed using it. She questioned why the entire City cannot receive roll-out carts. Nadine Hart, spoke in opposition of the carts stating that in her neighborhood most of the carts are left by the curbside all day and are very unsightly. Mr. Bird moved that the service level map which is attached to the contract be approved again at this meeting, seconded by Mr. Jackel. Said motion passed unanimously. Mayor Young declared a recess the time being 8:00 P.M. The meeting was reconvened the time being 8:05 P.M. 9. Ordinance No. 24-83 - Homewood and Atlantic Rezoning. Ordinance No. 24-83, relative to rezoning to RM-6 (Multiple Family Dwelling) District approval, is before Council for consideration on Second and FINAL Reading. The property is located at the southeast corner of Atlantic Avenue and the recently realigned Homewood Boulevard. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 3 - 5/10/83 The City Manager presented Ordinance No. 24-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND LOCATED IN THE %~ST ½ OF THE SOUTHWEST ¼ OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE SOUTHEAST CORNER OF ATLANTIC AVENUE AND THE RECENTLY REALIGNED HOMEWOOD BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 24-83 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Hu~h Delfs, High Point Section 1, stated that they have been trying to get this piece of land rezoned to RM-6 and will endorse Coun- cil's decision. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 24-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 25-83 - Changin~ the City's Land Use Plan Designation. Ordinance No. 25-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located at the southeast corner of Atlantic Avenue and the recently realigned Homewood Boulevard from SF (Single Family) to MF-6 (Multiple Family), is before Council for consideration on Second and FINAL Read- ing. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 25-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN THE %~EST ½ OF THE SOUTHWEST ¼ OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE SOUTH- EAST CORNER OF ATLANTIC AVENUE AND THE RECENTLY REALIGNED HOMEWOOD BOULEVARD FROM SF (SINGLE FAMILY) TO MF-6 (MUL- TIPLE FAMILY); AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 25-83 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 25-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 4 - 5/10/83 20. Conditional Use - West Park Baptist Church. Council is to consider approving conditional use for West Park Baptist Church, located east of Barwick Road, between Lake Ida Road and Boulevard Chatelaine. This was approved by the Planning and Zoning Board by a 5-1 vote (Brown dissenting), subject to the following conditions: (1) Engineering Division's memorandum of April 11, 1983; (2) City Horticulturist's memorandum of April 11, 1983; (3) That the only conditional use permitted here- under is as follows: Church or place of wor- ship, and its attendant educational, child care, recreational, and columbarium facilities; (4) That this conditional use approval shall become void at such time as frequent, regularly sched- uled worship services cease to be conducted, or at such time as the operation of this facility as a church ceases to be the primary use; (5) That seating be provided for no more than seventy-four (74) people, or at such time as the six proposed future parking spaces are completed, that seating be provided for no more than eighty-six (86) people; (6) That development of the thirty-seven (37) space parking lot with landscaping and the chain link fence extending from either side of the main structure to adjacent properites be completed within ninety (90) days; (7) That all proposed additions to the site be eliminated with the exception of the 8' x 12' x 8' utility shed, the parking area, and the chain link fence; (8) That no further parking be approved; (9) That no vehicle over 3/4 ton be parked on the premises; (10) That no buses be stored on the property; (11) That the hours be limited to 6:00 A.M. to 10:00 P.M.; (12) That the utility shed be properly landscaped; (13) That there be no increase in outdoor lighting; and (14) That revised site plans reflecting the comments enumerated above be submitted to the Planning Department. Mike McDaniel, Planning Director, explained that this peti- tion is a request for conditional use approval to allow a church in an existing structure. The Planning and Zoning Board recommended that all proposed additions to the site, as shown on the plan, be eliminated with the exception of the utility shed, parking area and the chain link fence. Since the site plan which they submitted showed the additions they had recommended be deleted, if Council ratifies their recommenda- tion then a revised site plan will have to be submitted to the Planning Department showing those deletions. Ronald Sales, Attorney representing West Park Baptist Church, stated that what was approved is a highly restricted use which would allow only worship services; this church tries to help people more than in just a religious context. They feel that if it were understood by the neighbors that this is a facility to which all are welcome then perhaps there would be no resistance. Reverend J. Morgan Haynes, Pastor of West Baptist Church, stated that prior to the church signing a contract for purchase of the property they did some research to make sure that it would be adaptable for the particular use they are seeking. At a meeting with the Admin- istration they made it clear that the church would be purchasing pro- perty on Carter Road and at some time in the future would be building a new sanctuary. However, they felt there was a tremendous opportunity for - 5 - 5/10/83 them to take an existing structure and use it for a family life center where they could meet and have services. After the meeting they felt comfortable that they could accomodate and use this property for their intended use. The church's recreational facilities would be available to everyone; it would not be a requirement to be a member of the church. However, it would be necessary for them to realize that they will be under the supervision and guidelines of the church and this way they can provide an atmosphere that will be safe and secure. The Church Board and the homeowners of Chatelaine had a meeting to try and determine what was reasonable in the site plan and why they objected to certain items. As they reviewed the site plan they realized that perhaps it was more concentrated than what would be convenient and they eliminated certain things. Reverend Haynes presented the original and revised site plans and described the changes they have made. Paul Zacks, 740 Place Chateau, stated that they have no problem with the church being there as a church. %.~at they are con- cerned about is allowing the church to erect permanent structures partic- ularly when they will be erecting new facilities within the next few years on Carter Road. Mr. Zacks quoted from a memorandum to the Plan- ning Director from the City Attorney which stated he felt that "it would appear that not only would the recreational facilities not be a lesser use to the major use of the church but it appears that no church use is to be made of the property within the immediate future. That being the case it would appear that a conditional use approval for a church with attendant, educational and recreational facilities at the subject pro- perty is inappropriate". Mr. Zacks stated he feels Council should be bound by the legal opinion of the City Attorney. Mr. Bird stated that about three years ago the citizens of Chatelaine requested that the parcel of land in question tonight be made into a public park; the Council at that time did not approve their request. He stated that everyone has the right to enjoy their property in such a manner so as not to abuse their neighbors. He feels that they could come to some reasonable use of the property. The property owner has ownership rights some of which are uses he could make of the pro- perty without the permission of Council at all. Marie Horenburger, 510 North Swinton Avenue, stated that the Planning and Zoning Board voted the way they did, with the conditions, because a family life center is not a conditional use in this zoning category; however, a church is. Once their sanctuary has been moved to another location the conditional use of the facility as a church would no longer be in existence. Upon question by Mr. Campbell, the City Attorney stated it is possible, three years from now when the church moves, that any ag- grieved homeowner from Chatelaine has the ability to petition to Council or through a court, to enforce the ordinance that the property is no longer being utilized in accordance with the conditional use approval. Mr. Perry stated that last Sunday he spent some time in Chatelaine and spoke to about 14% of the people who are directly in- volved in this matter. He received not one negative statement about the church and was very encouraged with what he heard. Mr. Zacks stated that Council is going to have to make a decision either to plan three years in advance or be satisfied that in three years, after the recreational facilities have been erected, the homeowners can go to court to take them down. Discussion was had relative to the definition' of "church", and whether or not, in three years, West Park Baptist Church would still be considered a conforming use if the only building used for services was a chapel. - 6 - 5/10/83 Arlene Martin, 3461 Place Valencay, stated that if this request is not kept down to the limit of uses which the Planning and Zoning Board agreed to they are going to see a lot of For Sale signs in Chatelaine. If there are any more uses allowed on the conditional use it is going to be very hard to rescind or correct the situation three years from now. Mr. Sales stated he would hope that Council will grant this petition and accept only conditions 1, 2, 3, 5, and 6 as part of the approval. He feels the other uses would interfere with the use of the church as a place of workshop and its attendant educational, child care, recreational and columbarium facilities. Mr. Bird suggested that, given the residential character of the neighborhood, conditions 9, 10 and 11 should also be added to the approval. Following discussion, Mr. Bird stated that if condition 11 ~is to be retained that hours be limited from 6:00 A.M. to 10:00 P.M. for outside activities. Mr. Bird moved to approve the conditional use approval for West Park Baptist Church subject to the conditions shown on the Planning Director's memorandum of April 21, 1983, to be shown as items 1, 2, 3, 5, 6, 9, 10 and item 11 with the additional verbage that hours be lim- ited to 6:00 A.M. to 10:00 P.M. for outside activity and that those be the only conditions to be imposed, seconded by Mr. Perry. The City Attorney advised that the motion should also in- clude that further the construction is in accordance with the site plan dated January 1983, for West Park Baptist Church, prepared by Ralph Denuzzio & Associates of Sunrise, Florida. Mr. Bird amended his motion as advised by the City Attorney, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - No; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. The City Attorney stated that before they go to the next item on the agenda, for the record, applicant and other parties, pur- suant to the zoning code and as a part of Council policy, no written decision is rendered other than the certified minutes of the meeting at which time this was discussed and the motion was carried by a 4 to 1 vote. Mayor Young declared a recess the time being 9:50 P.M. The meeting was reconvened the time being 9:53 P.M. Mr. Bird moved to reconsider the motion on item 20., sec- onded by Mr. Campbell. Upon roll call Council voted as follows: Mr. Bird ,- Yes; Mr. Campbell - Yes; Mr. Jackel - No; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Mr. Bird stated that it was the agreement of the petitioner that he would not park vehicles over 3/4 ton on the property and that no buses be stored on the property over night. These items were inadvert- ently included in his motion as being permitted. He would like to clarify that they are excluded as uses. The City Attorney advised that the intent is to accept, as so modified and all the other conditions and statements that went with the previous motion would remain the same. Mr. Bird amended his motion as advised by the City Attorney, seconded by Mr. Campbell. Said motion passed unanimously. - 7 - 5/10/83 CONSENT AGENDA 11. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of April 27, 1983. Council is to consider ratifying the SCRWTD Board action to prepare all plans and to take all steps necessary to assume operation of the South Central Regional Waste- water Treatment Plant as soon as possible. This was approved by the SCRWTD Board by a 8-0 vote. 12. Developers Utility Service Agreement - Centex Homes of Flor- ida, Inc. Council is to consider approving an agreement between the City and Centex Homes of Florida, Inc., for water and sewer service to Villas of Rainberry Lakes (Phase IV-B). $1,300.00 ($62.50 per living unit for sewer and $37.50 per living unit for water = $100.00 per 13 living units) will be paid to the City at a time spelled out in the agreement. Approval is recommended. 13. Final Plat Approval - Branch Bank of Lantana. Council is to consider final plat approval for Branch Bank of Lantana, located at the northwest corner of Congress Avenue and Linton Boulevard. This was approved unanimously by the Planning and Zoning Board. 14. City Hall Project - Renovations to First Floor Bathrooms. Council is to consider a Change Order for Cox and Palmer to renovate the bathrooms and extend the water line in the amount of $5,114.00 and authorize Myers Plumbing to remove and replace plumbing fixtures and replace with new trim in the amount of $1,811.10. 15. Nuisance Abatement. Resolution No. 41-83, assessing costs for abating nuisances for 12 properties in accordance with Section 13-13, is before Council for consideration. These are delinquent lot mowing accounts and this places a lien on the properties. Approval is recommended. The caption of Resolution No. 41-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCUR- RED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAIL- ING OF NOTICE OF LIEN. (Copy of Resolution No. 41-83 is on file in the official Resolution Book) 16. Nuisance Abatement. Resolution No. 42-83, assessing costs for abating nuisances for 28 properties in accordance with Section 27-15, is before Council for consideration. These are delinquent lethal yellowing accounts and this places a lien on the properties. Approval is recommended. The caption of Resolution No. 42-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR REMOVAL OF INFECTED TREES UPON CERTAIN LAND(S) LO- CATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH REMOVAL AND LEVYING THE COST OF SUCH; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. - 8 - 5/10/83 (Copy of Resolution No. 42-83 is on file in the official Resolution Book) 17. Nuisance Abatement. Resolution No. 43-83, assessing costs for abating nuisances for 27 properties in accordance with Section 27-15, is before Council for consideration. These are delinquent lethal yellowing accounts and this places a lien on these properties. Approval is recommended. The caption of Resolution No. 43-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR REMOVAL OF INFECTED TREES UPON CERTAIN LAND(S) LO- CATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH REMOVAL AND LEVYING THE COST OF SUCH; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 43-83 is on file in the official Resolution Book) 18. Enterprise Zone within the City Limits. Resolution No. 44-83, approving the designation of an enterprise zone within the City limits, is before Council for consideration. Approval is recommended. The caption of Resolution No. 44-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE DESIGNATION OF AN ENTER- PRISE ZONE WITHIN THE CITY LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 44-83 is on file in the official Resolution Book) Mr. Perry moved for approval of the Consent Agenda, seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA 19. Transportation Tax. Resolution No. 45-83, requesting the Palm Beach County Board of Commissioners to levy the 4¢ transportation tax, is before Council for consideration. Approval is recommended. The City Manager presented Resolution No. 45-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE BOARD OF COUNTY COMMIS- SIONERS TO LEVY THE FOUR CENT TRANSPORTATION TAX. (Copy of Resolution No. 45-83 is on file in the official Resolution Book) Mr. Perry moved for the adoption of Resolution No. 45-83, seconded by Mr. Jackel. Mr. Jackel stated that the County Commission could not get a 4 to 1 vote to approve this 4¢ tax which from his viewpoint is most unfortunate. He recommends that they do send this resolution as they will lose a great opportunity to maintain and further build the road syst~. - 9 - 5/10/83 Mr. Bird suggested that an additional whereas clause be added, as the last clause, to read "WHEREAS, the Board of County Commis- sioners petitioned the Legislature of the State of Florida for the authority to levy a full four cent (4¢) transportation tax, with assur- ances that this full amount would be levied to meet the specified needs of the road system". Mr. Perry amended his motion as suggested by Mr. Bird, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 21. Waiver Requests relative to Woodlake Homeowners' Associa- ti---~n, Inc., Documents. Council is to consider that the City, through the City Council, is waiving any rights it might have with respect to the provisions contained in Declaration of Covenants and Restrictions for Homewood Lakes relative to requiring City consent for further amend- ments of these documents. Approval is recommended. Mr. Perry moved to waive the request, seconded by Mr. Jackel. Said motion passed unanimously. 22. Beach Concession Agreement. Council is to consider au- thorizing execution of revised agreement between the City and John's Beach Service of Florida, Inc. Approval is recommended. Mr. Perry moved to authorize execution of the agreement, seconded by Mr. Jackel. Said motion passed unanimously. Upon question by Mr. Sam Schwimer, the City Manager stated that the agreement as written does not regulate the price to be charged. The prices are required to be posted but there is no requirement of the City to regulate them. 23. Ratification - Delray Beach Human Relations Committee. Council is to consider the appointments of Walter Stephens, Mrs. Ger- trude Carter and Mrs. Ival Stirrup to the Delray Beach Human Relations Committee to terms ending March 15, 1985. Nacirema Club recommends approval. Mr. Perry moved to appoint Walter Stephens, Mrs. Gertrude Carter and Mrs. Ival Stirrup to the Delray Beach Human Relations Com- mittee to terms ending March 15, 1985, seconded by Mr. Jackel. Said motion passed unanimously. 24. Appointment - Board of Trustees (Police and Fire). Council is to consider the appointment of a member of the Board of Trustees (Police and Fire) to a term ending April 22, 1986. Mr. Jackel moved to appoint Mr. Charles Hill Jr., as a member of the Board of Trustees (Police and Fire) to a term ending April 22, 1986, seconded by Mr. Perry. Mr. Bird stated that there is a great deal of money involved in these funds and he is concerned at the propriety of putting a member on the Board who is an active broker and whose primary decisions are of a nature to select brokers and investment advisors. He would not be concerned if he were retired and had no affiliation with a firm. Mr. Jackel stated that if, at any meetings, there was any suggestion of a conflict of interest he would presume Mr. Hill would step down. Mr. Bird moved to table this item until the next regular meeting and reconsider it at that time, seconded by Mr. Perry. Said motion passed unanimously. 25. Appointment - Internal Audit Committee. Council is to consider appointing three members of the Internal Audit Committee to terms ending April 27, 1985. - 10 - 5/10/83 Mr. Perry moved to appoint Mr. William Peery, Mr. Ralph Dye and Mr. William Nix to the Internal Audit Committee to terms ending April 27, 1985, seconded by Mr. Jackel. Said motion passed unanimously. 26. Discussion of Landscape and Bike Path Restoration along Lake Ida Road. Council directed that restoration was to be completed by 5 p.m., Tuesday, May 10th. Mr. Robert Pontek, Director of Public Utilities, stated that at 5 p.m. this afternoon the City Horticulturist, Clay Blanton and Don Berryhill of Russell & Axon and Mr. Perry met and traversed the site of the installation of the sod and looked over the certain deficiencies with regard to spray headers. As directed by Council the sod has been installed as per the contract specifications. Upon question by Mr. Jackel, Mr. Clay Blanton stated that there were some trees and shrubs which were temporarily removed and are now replaced. The bike path has been patched where it was disturbed. The City staff inspected the path and the only comment they had was that the signs for the bike path needed to be replaced. The only areas they have seen which are a problem are where someone ran over the bike path after the contractor reinstalled it and some of the sprinkler heads are broken but which the contractor will repair. Roy Flack, Director of Rainberry Bay Homeowner's Associa- tion, stated that the bulk of the sod work has been done. He personally spoke to the people responsible for maintaining Rainberry Lake, Villas of Rainberry Lake and Rainberry Bay to make sure the sprinklers are working; there have been a few malfunctioning but they are being cor- rected on a daily basis as they occur. However, he does not agree that the work has been done 100%. There are certain areas where it is evident the contractor has damaged the sod. He feels that even if it may not have been part of the initial installation it was done by the contractor and it would be appropriate to replace it. He requested that Council make arrangements to have this minor amount of work done. Francis Kalaman, 778 N.W. 23rd Lane, stated that he can only reiterate Mr. Flack's comments; the area between the road and bike path is in terrible condition. Council resolved that if the job was not satisfactorily completed they would withhold the check and exercise their right to have $100 fine per day against the contractor. He urged Council to do this. Mr. Perry stated that whatever work has to be done is so minor he feels the contractor has worked in good faith trying to meet Council's deadline. He is in favor of releasing the check at this time and relying on the contractor to come back and take care of the small patches of grass that need work. Mr. Jackel moved to release the check due the contractor with the exception of 10% retainage, advise him to complete the restora- tion 100% along Lake Ida Road and have Russell & Axon tell the contrac- tor and ask that he comply, seconded by Mr. Perry. Said motion passed unanimously. 27. Swinton Circle Drainage. Council is to consider author- izing payment for Swinton Circle drainage and designate source of fund- ing. Mr. Perry moved to authorize payment with funds to come from the Florida Power & Light Account, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call the following discussion was had: Upon question by Mr. Jackel, the City Manager stated that the funding is a carry over item from prior authorization and was iden- tified as available funds. - 11 - 5/10/83 The City Attorney advised that although this was not a specific line item at the time the supplemental agreement was entered into, the $239,382 was designated as being available in the FP & L Fund and that monies were essentially in-house set aside for that purpose. The $31,000 payment today will not exceed that amount so it is within the contemplated budget figure which was discussed at the time. At this point the roll was called to the motion. 28. Final Payment - Master Lift Station. Council is to con- sider authorizing final payment for work completed on the Master Lift Station in the amount of $18,141.08, with funds to come from the 1979 Bond Issue. Approval is recommended. Mr. Bird moved to authorize final payment in the amount of $18,141.08, with funds to come from the 1979 Bond Issue, seconded by Mr. Jackel. Said motion passed unanimously. 29. Ordinance No. 29-83 - Dmitrovsk¥ Annexation. Ordinance No. 29-83, relative to annexing a 0.288-acre parcel of land located at the northwest corner of Lake Shore Drive and N.W. 6th Avenue, subject to R-1AA (Single Family Dwelling) District, is before Council for con- sideration on First Reading. If passed, Public Hearing will be held on June 14, 1983. The City Manager presented Ordinance No. 29-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 8, T~$NSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 29-83 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 30. Ordinance No. 30-83 - Kruse Annexation. Ordinance No. 30-83, relative to annexing a 0.13-acre parcel of land located west of Florida Boulevard, between LaMat Avenue and Avenue "J", subject to RM-6 (Multiple Family Dwelling) District, is before Council for consideration on First Reading. If passed, Public Hearing will be held on June 14, 1983. The City Manager presented Ordinance No. 30-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 58 AND 59, BLOCK, 34, DEL-RATON PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGES 9 AND 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 30-83 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 12 - 5/10/83 31. Ordinance No. 31-83 - Jenkins Annexation. Ordinance No. 31-83, relative to annexing a 0.386 parcel of land located north of Lake Shore Drive, between N.W. 8th Avenue and N.W. 6th Avenue, subject to R-1AA (Single Family Dwelling) District, is before Council for considera- tion on First Reading. If passed, Public Hearing will be held on June 14, 1983. The City Manager presented Ordinance No. 31-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 31-83 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 32. Ordinance No. 32-83 - Rezonin~, Land Use Plan Amendment, Conditional Use, Site and Development Plan Approval - Congress Park South. Ordinance No. 32-83, relative to changing the City's Land Use Plan designation in the Comprehensive Plan for a 24.25-acre parcel of land from PRD-4 (Planned Residential-4 units/acre) to PCC (Planned Commerce Center), rezoning the subject property, conditional use, site and development plan approval to allow office and research facilities and light manufacturing, is before Council for consideration on First Reading. The property is located south of Atlantic Avenue, between the E-4 Canal and Congress Avenue. If passed, Public Hearing will be held on May 24, 1983. This was approved unanimously by the Planning and Zoning Board subject to the following conditions: (1) Engineering Division's memorandum of March 10, 1983; (2) That the Division of Local Resource Management issue a binding letter of interpretation with a finding that this project does not constitute a development of regional impact (DRI); (3) That development of this project be completed in accordance with the approved site and develop- ment plans re: Congress Park South, Delray Beach, Florida, prepared by Sanders Planning Group, P.A., 2425 E. Commercial Blvd., Fort Lauderdale, FL 33308, Sheet Nos. SP-1, SP-2, SP-3, SP-4 and SP-5, dated January 7, 1983; and prepared by William M. Maki, Engineer, 6804 N.%$. 20th Avenue, Fort Lauderdale, Florida, Sheet Nos. C-1 and C-2, dated January 7, 1983; and prepared by Donald P. Ramsay, Registered Land Surveyor No. 1208, State of Florida, 1490 West 49th Place, #570, Hialeah, FL 33012, Sheet Nos. S-i, S-2 and S-3; and prepared by Ellis, Naeyaert, Genheimer Associates, Inc., Ar- chitects/Engineers, 3200 N. Federal Highway, Boca Raton, FL 33431, Sheet Nos. P-1 and P-2; all of which are incorporated by reference and made a part hereof and upon which the City has relied in granting this approval; and (4) That construction be completed within eighteen months in accordance with Sec. 30-21(E). - 13 - 5/10/83 The City Manager presented Ordinance No. 32-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM PRD-4 PLANNED RESIDENTIAL (4 UNITS/ACRE) TO PCC PLANNED COMMERCE CENTER AND REZONING THE SUBJECT PROPERTY FROM PRD-4 (PLANNED RESIDENTIAL) DISTRICT TO PCC (PLANNED COMMERCE CENTER) A PORTION OF SECTION 18 AND SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, AND IS LOCATED SOUTH OF ATLANTIC AVENUE, BETWEEN THE E-4 CANAL AND CONTRESS AVENUE; GRANTING SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLOR- IDA, 1983". The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 32-83 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Abstained; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote, with Mr. Campbell abstaining. 33. Ordinance No. 33-83 - Zoning Ordinance Amendment - Defini- tion of Club. Ordinance No. 33-83, amending Chapter 30 "Zoning" of the Code of Ordinances relative to revising the definition of club, is before Council for consideration on First Reading. If passed, Public Hearing will be held on May 24, 1983. The City Manager presented Ordinance No. 33-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1, "DEFINITIONS", SUBSECTION (18) "CLUBS" TO AMEND THE DEFINITION TO ADD ADDITIONAL CRI- TERIA AND RESTRICTIONS AS TO WHAT SHALL CONSTITUTE A "CLUB" UNDER THE CITY'S ZONING CODE, AND INCLUDING CER- TAIN EXCLUSIONS FROM SUCH DEFINITIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 33-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 34. Ordinance No. 34-83 - Amending Code - Garbage and Trash. Ordinance No. 34-83, amending Chapter 12 "Garbage and Trash" of the Code of Ordinances, is before Council for consideration on First Reading. If passed, Public Hearing will be held when contract is awarded. The City Manager presented Ordinance No. 34-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 12 "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND ENACTING A NEW CHAPTER 12, "GARBAGE AND TRASH", TO PROVIDE IN ARTICLE I, "IN GENERAL", THE DEFINI- TIONS OF AREA AND UNIT, COMMERCIAL TRASH, CITY, CON- TAINERS AND RECEPTACLES, GARBAGE, HAZARDOUS REFUSE OR WASTE, HOUSEHOLD TRASH, INDUSTRIAL WASTE, PARKING LOTS, PERSON, PREMISES, PRIVATE PROPERTY, PUBLIC PROPERTY, REFUSE, ROLL-OUT CARTS, AND YARD TRASH; TO PROVIDE FOR VIOLATIONS AND PENALTIES FOR VIOLATIONS OF ANY OF THE PROVISIONS OF THIS CHAPTER; TO PROVIDE THAT GARBAGE AND TRASH COLLECTION IS RESERVED EXCLUSIVELY IN THE CITY OR ITS CONTRACTORS WITH EXCEPTIONS IN CERTAIN AREAS AND FOR CERTAIN TYPES OF COLLECTION SERVICES; TO PROVIDE THAT NO PROFIT REQUIREMENT AS A MATTER OF LAW FOR CITY CONTRAC- - 14 - 5/10/83 TORS/FRANCHISEES; TO PROVIDE FOR APPROVAL OF CONTAINERS; TO PROHIBIT UNDERGROUND CONTAINERS; TO PROVIDE FOR THE RESPONSIBILITY OF MAINTENANCE OF CONTAINERS FURNISHED BY THE CITY; TO PROVIDE FOR PLACEMENT OF CONTAINERS AND PRECOLLECTION PRACTICES; TO PROVIDE FOR AND MAKE UNLAWFUL CERTAIN SPECIAL REFUSE DISPOSAL PROBLEMS; TO PROVIDE FOR THE PREPARATION OF GARBAGE; TO REQUIRE CONTAINERS TO BE COVERED; TO PROVIDE FOR THE PREPARATION OF TRASH; TO PROHIBIT THE DEPOSITING OR BURYING OF OFFENSIVE DEPOSITS ON LAND OR WATERWAYS; TO PROHIBIT THE DEPOSITING OF GARBAGE OR TRASH OTHER THAN IN APPROVED CONTAINERS; TO PROVIDE FOR THE LEVYING OF REGULAR SERVICE CHARGES OR FEES, AND TO MAKE PROVISION FOR THE LEVYING OF ADDITIONAL CHARGES BY THE CITY OR ITS CONTRACTORS FOR SPECIAL, AD- DITIONAL, OR UNUSUAL SERVICES; TO PROVIDE FOR THE METHOD OF BILLING FOR SUCH REGULAR MONTHLY CHARGES AND/OR ANY ADDITIONAL CHARGES; TO PROVIDE FOR DELINQUENT BILLS; TO PROVIDE FOR CHARGES WHEN PROPERTY IS UNIMPROVED; TO PROVIDE THAT PERSONS BILLED FOR WATER SERVICES SHALL BE RESPONSIBLE FOR GARBAGE AND TRASH CHARGES; TO PROVIDE FOR COLLECTION CHARGES FOR BAD CHECKS; TO PROVIDE FOR RESPON- SIBILITY FOR TRASH COLLECTION AND TO PROVIDE FOR ADMIN- ISTRATION OF THIS GARBAGE AND TRASH ARTICLE; AND TO PROVIDE IN ARTICLE II, "LITTER", A TITLE FOR THIS AR- TICLE; TO PROVIDE FOR DEFINITIONS OF AIRCRAFT, ANIMAL, AUTHORIZED PRIVATE RECEPTACLE, COMMERCIAL HANDBILL, LITTER, NEWSPAPER, NONCOMMERCIAL HANDBILL, OCCUPANT, PARK, PRIVATE PREMISES, PUBLIC PLACE, RUBBISH AND VE- HICLE; TO PROVIDE FOR ENFORCEMENT OF THIS ARTICLE; TO PROHIBIT THE THROWING OR DEPOSITING OF LITTER IN OR UPON ANY PUBLIC PLACE WITHIN THE CITY EXCEPT IN RECEPTACLES PROVIDED; TO PROHIBIT SCATTERING, STORING OR LITTERING; TO PROHIBIT THE S%~EEPING INTO OR DEPOSITING OF LITTER IN STREETS; TO PROVIDE FOR .THE DUTY OF THE OWNER OR OCCUPANT OF A PLACE OF BUSINESS TO KEEP THE BUSINESS PREMISES FREE OF LITTER; TO PROHIBIT THE THROWING OR DEPOSITING OF LITTER ON ANY OCCUPIED PRIVATE PROPERTY; TO PROHIBIT THE THR~ING OR DEPOSITING OF LITTER ON ANY OPEN OR VACANT PRIVATE PROPERTY; TO PROHIBIT THE DEPOSITING OF GARBAGE EXCEPT IN COVERED, ENCLOSED RECEPTACLES; TO PROHIBIT THE THROWING OR DEPOSITING OF LITTER UPON ANY STREET FROM VEHICLES; TO PROHIBIT OTHER LITTER FROM VEHICLES, IN- CLUDING PROVISIONS REQUIRING REMOVAL OF CONCRETE OR OTHER SUBSTANCES ~HICH HAVE THE ABILITY TO PERMANENTLY AFFIX THEMSELVES TO THE ROAD SURFACE; TO PROHIBIT LITTERING IN PARKS; TO PROHIBIT LITTERING IN ANY BODIES OF WATER; TO PROHIBIT THE DISTRIBUTION OF CIRCULARS, THROW-AWAYS, AND HANDBILLS UNDER CERTAIN CIRCUMSTANCES; TO PROHIBIT THE DISTRIBUTION OF COMMERCIAL AND NONCOMMERCIAL HANDBILLS IN PUBLIC PLACES EXCEPT WITH A PERMIT AND EXCEPT TO PERSONS %~ILLING TO ACCEPT SAME; TO PROHIBIT THE PLACING OF HAND- BILLS ON VEHICLES; TO PROHIBIT THE DEPOSITING OF HAND- BILLS ON UNINHABITED OR VACANT PROPERTY; TO PROHIBIT THE DISTRIBUTION OF HANDBILLS ON PRIVATE PREMISES WHERE SUCH PREMISES ARE POSTED; TO REGULATE THE DISTRIBUTION OF HANDBILLS AT INHABITED PRIVATE PREMISES, AND FOR EXEMP- TIONS; TO PROHIBIT DROPPING FROM AIRCRAFT OF ANY LITTER, HANDBILL OR OTHER OBJECTS; TO PROHIBIT THE POSTING OF NOTICES ON PUBLIC STRUCTURES OR PROPERTY; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. - 15 - 5/10/83 Mr. Bird moved for the adoption of Ordinance No. 34-83 on First Reading with the effective date changed to be immediately upon second and final reading and the implementation date to be concurrent with the effective date of the contract, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 35. Ordinance No. 35-83 - Amending Code - Nuisances on Property. Ordinance No. 35-83, amending Chapter 13 "Health and Sanitation" of the Code of Ordinances relative to trash and litter, is before Council for consideration on First Reading. If passed, Public }{earing will be held May 24, 1983. The City Manager presented Ordinance No. 35-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANITA- TION'', ARTICLE II, "NUISANCES ON PROPERTY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 13-13(a), "WEEDS, TRASH, CERTAIN VEGETA- TION, ETC., DECLARED A PUBLIC NUISANCE", TO ADD A PRO- VISION DECLARING THAT WEEDS OR OTHER DEAD OR LIVING PLANT LIFE OR VEGETATION WHICH HAVE ATTAINED A HEIGHT OF TWELVE (12) INCHES OR MORE, AND WHICH EXIST ON ANY LOT, TRACT, OR PARCEL OF LAND IN THE CITY, WHETHER IMPROVED OR UN- IMPROVED, SHALL BE PRESUMED TO BE DECLARED A PUBLIC NUISANCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 35-83 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 36. Ordinance No. 36-83 - Amending Code - Junkyards. Ordinance No. 36-83, amending Chapter 14 "Junk, Junkyards and Automotive Repairs", is before Council for consideration on First Reading. If passed Public Hearing will be held May 24, 1983. The City Manager presented Ordinance No. 36-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14, "JUNK, JUNKYARDS AND AUTOMOTIVE REPAIRS", ARTICLE II, "JUNKYARDS", BY RE- PEALING SECTION 14-14, "DEFINITIONS", AND ENACTING A NE~ SECTION 14-14, "DEFINITIONS", TO PROVIDE FOR THE PURPOSES OF ARTICLE II, DEFINITIONS OF AUTOMOBILE GRAVEYARD, JUNK, AND JUNKYARD; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 36-83 on First Reading, seconded by Mr. Jackel. Before roll call the following discussion was had: Mr. Bird stated that one of the definitions of "Automobile Graveyard" is motor vehicle parts. There is a vendor in town who just became a junkyard and he sells used vehicle parts. The way the ordi- nance is written gives it an entirely different meaning than what they intended. The City Attorney stated it is the motor vehicle parts from such wrecked, scrapped, ruined or dismantled motor vehicles that the ordinance is referring to. It is not the intent of the ordinance to declare automotive graveyards to be any auto part stores. He ques- tioned whether Council would like to add the phrase "in conjunction therewith". - 16 - 5/10/83 Following discussion it was the consensus of Council to add an exclusion for certain businesses selling automotive parts. Mr. Perry amended his motion to add an exclusion for auto parts as advised by the City Attorney, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 37. Ordinance No. 37-83 - Amending Code - Garbage and Trash. Ordinance No. 37-83, amending Chapter 12 "Garbage and Trash", Article II, "Litter", is before Council for consideration on First Reading. The City Manager presented Ordinance No. 37-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE II, "LITTER" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SECTION 12-54, "DISTRIBUTION OF FREE PUBLICATIONS", TO PROVIDE FOR THE REGULATION OF DISTRIBUTION OF FREE PUBLICATIONS THROUGHOUT THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 37-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the City Attorney advised that it is their intention, if this ordinance is adopted on first reading, to distribute copies of the proposed ordinance to all the publishers they know of in the area so they are apprised of it. Second hearing will not be held until the first regular meeting in June so there would be approximately a 30 day lag period. In addition to that they are also going to dis- tribute copies to the Florida League and neighboring municipalities to see if they wish to join Delray Beach in an effort of this nature. At this point the roll was called to the motion. Mayor Young declared the meeting adjourned at 10:50 P.M. -' ~ City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of May 10, 1983, which minutes were for- mally approved and adopted by the City Council on ~ ~f~ . City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 17 - 5/10/83