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06-23-75 JUNE 23, 1975 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, June 23, 1975, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, Council members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Ron I. Sanson, IV, present. 1. The opening prayer was delivered by Father Ken Whittaker of St. Vincent Ferrer Catholic Church of Delray Beach. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of June 9, 1975, were unanimously approved on motion by Mrs. Krivos and seconded by'Mr. Gent. 4.a. ~s. Krivos commented on the beauty of the beach and compli- mented the City and the citizens of Delray Beach for their work and interest. 4.b. Mrs. Krivos commended Patrolman Bob Young of the Delray Beach Police Department as a fine young man who had presented an outstanding sermon at the Lakeview Baptist Church. .4.c. Mr. Sanson stated he had asked Council to formulate a method to control the expenditures of Alley, Alley and Blue, attorneys, and he further stated beginning July 1, 1975, he would not vote for any payments to that firm. 4.d. Mayor Scheifley read a Certificate of Appreciation for services rendered the City by I~s. Eleanor Gringle as a member for many years of the Boa~ o 4.e. Mayor Scheifley read a Proclamation proclaiming July 4, 1975, as Honor America Day. 4.f. Mayor Scheifley co~mended the graduating class of 40 police recruits at Palm Beach Junior College, 10 of whom were from Delray Beach. The number one student in the class was Officer Mike Murphy from Delray Beach. 5.a.1. Mr. Tom Ingersoll, Arvilla Hotel, requested the subject of ~he pool and the property involved to be considered at the next workshop. Qouncil decided to place the item on the agenda for the July 7th work- shop meeting. 5.a.2. Mrs. Beatrice W. Hopkins, 1225 So. Ocean Bouievard, Delray Beach, stated she felt the Community Appearance Board was not necessary for Delray Beach. She complimented the Beautification Committee and the Planning and Zoning Board on their outstanding work. She suggested enlarging the present committees, if necessary, rather than establishing another committee. She then stated she was a member of the Beach Property Owners' Association and felt they were becoming politically oriented, indicating her dislike for this attitude. She stated she resented their partisan attitudes and did not like being told how she felt on political issues by a few persons representing 1400 people in the Association. 6.a.1. The City Manager presented a bill from th~ City Attorney in the amount of $1,155.00 and recommended Council authorize payment of this bill. Mr. Gent moved that Council pay the bill as presented by the City Attorney, seconded by Mrs. Krivos, said motic., passing unani- mously. 6.b. The City Manager reported Mrs. Caldwell had visited him today with a letter from the County informing the Caldwells of several addi- tional items which must be handled in order to place themselves in a 110 - · position to be eligible for site plan approval from the County. One of the items is that the County must be assured water service will be available to the property. The Caldwells have signed the ~standard agreement with the City to have their property annexed to the City at such time as the property becomes eligible for annexation in return for the City's agreement to provide water service. It has since been determined that the property is now eligible for annexation. The City Attorney has advised that the Council should approve the providing of water service to the Caldwell property in accordance with the standard resolution and agreement. The City Attorney reported it would be better to let them develop in the County because of the site plan regulations and then annex into the City. The City Manager pointed out to annex them now would delay their development for many months. Mrs.'Krivos moved that the City of Delray Beach execute the water agreement with the Caldwells in order to furnish water service until they request annexation, seconded by Mr. Gent, said mot~.on passing unanimously. 6.b. City Manager Mariott reported Mrs. Eleanor Gringle has sub- mitted her resignation as a member of the Board of Adjustment Mr Leo Blair has been contacted ann is willing to accept the appointment, if Council so desires, for the unexpired term of b~s. Gringle which expires on March 15, 1976. Mr. Gent moved for the appointment of Mr. Leo Blair to the Board of Adjustment to fill an unexpired 'term ending March 15, 1976, seconded by Mr. Randolph, said motion passing unanimously. Mr. Sanson asked that his vote reflect that he does not approve of non- residents of Delray Beach being appointed to the Boards of the City. 6.c. The City Manager reported the engine and transmission in a fire truck of the City have to be replaced and the City is in receipt of a bid in the amount of $15,190 which would include replacing the engine and transmission, installation of a .relief value and the installation of a Oab on the open truck. The bidder is America LaFrance. The funds would come from the 1975-76 budget. Mr. Gent moved for the approval of $15,190 to rebuild a 19 year old fire vehicle according to the bid of ~ne~ic& L&~r&ncc, ~ ~~c~ .... from ~ ....... ~v~-7~. . h~..~. :... ~nd~d._ _ by_ Mrs. Krivos, said motion passing unanimously. 6.d. The City 'Manager reported at the last workshop meeting, Council decided to give formal consideration to the retaining of Edward W. Siver, Risk Management Consultant, as the City's Risk Management Consultant, for a period of one year pursuant to the terms and conditions stated in Mr. Siver's proposal dated May 12, 1975. The retainer per month would be $400. b~. Randolph moved that Mr. Siver's proposal be accepted in the amount of $400 minimum payment per month, seconded by ~. Sanson, said motion passing unanimously. 6.e. The City Attorney recommended that Council approve an appeal to the judgment entered on April 9, 1975, in the suit of the Congress Avenue Baptist Church. The appeal 'would be heard by the Fourth District Court of Appeal. Mr. Gent moved to proceed with the City Attorney's recommendation of appeal, seconded by ~s. Krivos, said motion passing unanimously. Rev. David Mikell, Pastor of Congress Avenue Baptist Church, 2021 S.W. 12th Court, Delray Beach, asked Council to discuss the matter since he felt it to be unnecessary for the City and the Church to continually file appeals. Mayor Scheifley stated he did not feel it wise for Council to comment on anything that is under litigation. 6.f. The City Manager reported the Beach Property Owners' Associa- t~o~'-~'has requested the City to return $1,000 advanced to the City by them to be used together'with other funds for the beautification of 'the N.E. 8th Street approach to the bridge across the Intracoastal Waterway. Tk2 reason for the Beach Property Owners' Association's request is that this project was approved quite sometime ago and the money was advanced with the understanding that this would be a joint City-County project, whicl_ has unduly delayed completion. The Beach Property Owners' Associa- tion is willing to return the $1,000 to the City when the project is underway or has been completed. The County has not begun their portion of the project since additional work is required since the original agreement was made. Mr. Randolph moved to return the $1,000 advance of the Beach Property Owners' Association to that organization, seconded by Mrs. Krivos, said motion passing unanimously. -2- 6-23-75. 111 7.a. The City Manager reported a request has been received from ~uro Homes, Inc. for extension of site plan approval granted by Council which expired November 13, 1974. It is recommended that this request for Lakeview Greens, Phase II, be denied since a survey has not been ~ade, site preparation has not been completed, arrangements.have not been made for water and sewer service, no building permits have been issued, and the land is now being offered for sale. Mr. Sanson moved that the site plan extension request by Euro Homes, Inc. for Lakeview Greens, Phase II, be denied, seconded by Mr. Gent, said motion passing unanimously. 7.b. The City Manager reported a request has been received from Yusem Properties for extension of site plan approval granted by Council to September 13, 1974, for Lake Colony, 2100 Linton Boulevard. It is recommended that this request be denied since site plan preparation has not been completed, arrangements have not been made for water and sewer service and no building permits have been issued.. The City Manager remarked he was uncertain as to whether or not this property was for sale. Mr. Gent stated it was for sale. The City Manager then stated the situa- tion with this property was almost identical to Euro Homes, Inc. For. these reasons, he recommended denial of the site plan extension. Mr. Gent moved for the denial of the extension of site plan approval for Lake Colony, 2100 Linton Boulevard, seconded by Mrs. Krivos, said motion passing unanimously. 8.a. The City Manager presented Resolution No. 35-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO GRADE S.W. 4TH AVENUE PARK AS SHOWN ON THE GENERAL GRADING PLAN, BY ARTHUR V. STROCK AND ASSOCIATES, INC., DRAWING NO. 4887-08-003E. (Copy of Resolution No. 35-75 is attached to. the official copy of these m~nu~es.) The following bids have been received for grading S.W. 4th Avenue Park: Bidder Bid J. P. Calloway $7,200 Delray Beach completed in 15 days James A. Porter Company 14,900 Lighthouse Point completed in 45 days Hardrives of Delray, Inc. 15,000 Delray Beach completed in 90 days Carr Soil & Sod-Driveways No Quotation Delray Beach Oneman Engineering. No Quotation Delray Beach Passage of Resolution No. 35-75 would award the contract to the low bidder, J. P. Calloway, in the amount of $7,200 with financing to come from Federal Revenue Sharing Funds. ~. Sanson moved for the passage of Resolution No. 35-75, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.b. The City Manager presented Resolution No. 36-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR APPROXIMATELY 850 SQUARE YARDS OF PAVING FOR T~E DELRAY SHORES UTILITY STORAGE AREA. (Copy of Resolution No. 36-75 is attached to the official copy of these minutes.) 6-23-75. The following bids have been received for paving the Delray Shores Storage Area located on Lake Ida Road: Bi.dder Bid Carr Soil & Sod-Driveways $2,184.00' (864 sq.yds.) tIardrives, Inc. 2,237.96 (864 sq.yds.) German Asphalt & PaVing 2,423.50 (850 sq.yds.) Passage of 'Resolution No. 36-75 would award the contract to the low bidder, Carr Soil & Sod-Driveways in the amount of $2,184.00. Funds for this project are encumbered. Mrs. Krivos moved for the pas sage of ResolutiOn No. 36-75, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes.. 8.c. The City Manager presented Ordinance N°. 22-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 14A OF THE "GARBAGE, TRASH AND WEEDS" AND CODE OF ORDINANCES, , ENACTING A NEW CHAPTER 14A, "GARBAGE, TRASH AND WEEDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; DEFINING THE TERMS AS USED HEREIN; ESTABLISHING AND IMPOSING CHARGES AND FEES FOR THE GARBAGE AND TRASH COLLECTION; DECLARING CERTAIN ACTS OR PRACTICES RELATIVE TO THE ACCUMULATION, DEPOSIT, STORAGE, AND HANDLING OF GARBAGE ' AND TRASH TO BE UNLAWFUL AND A VIOLATION OF THIS ORDINANCE; PRESCRIBING TYPES OF CONTAINERS; PRE- SCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER (Copy of Ordinance No. 22-75 is attached to the official. copy of .these minutes.) The City Manager read the caption of the ordinance. .A Public Hearing was held, having been legally advertised in. compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. Mr. Irwin Kresser, 234 N.E. 17th Street, Delray Beach, spoke on several aspects of the ordinance. Mr. Gent moved for the adoption of Ordinance No. 22-75 on second and final reading, seconded by Mrs. Krivos. Mr. Sanson moved an amendment be made to the motion in Se. ction 4 (a) of the ordinance by adding "construction materials". The City Attorney stated construction materials are not picked up by the. City. The motion to amend failed for lack of a second. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Ran- dolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8~d. The City Manager presented Ordinance No. 25-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING A PORTION OF THE WEST QUARTER OF LOT 29, SECTION 20, TO~qSHIP 46 SOUTH, RANGE 43 EAST, AN AREA LYING SOUTH OF S.W. 10TH STREET, NORTH OF ROYAL PALM DRIVE, AND WEST OF GERMANTOWN ROAD IN "LI LIGHT 'INDUSTRIAL DISTRICT" AND AMENDING. "ZONING MAP OF DELRAY BEACH, 1972". The Planning and Zoning Board at a meeting held on May 20th recommended by unanimous vote that 4.52 acres of land s,~:~uth· of S.W. 10th Street between 1-95 and Germantown Road (1102-1130 S.W. 10th St.) be. rezoned from RM-15 (Multiple Family) to LI (Light Industrial). Mr. Gent moved that Ordinance No. 25-75 be passed on first reading, seconded by Mr. Randolph. Mr. Michael Botos, attorney for the applicant, Dallas E. Daily, stated construction would fall under the ordinance covering boundary restrictions. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. -4- 6-23-75. 1131 8.e. The City Manager presented Ordinance No. 26-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 1 AND 2, ESQUIRE SUBDIVISION, AN AREA LOCATED IN SECTION 20, TOWNSttIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF S.W. 10TH STREET, NORTH OF ROYAL PALM DRIVE, AND WEST OF GERMANTOWN ROAD IN "LI LIGHT INDUSTRIAL DISTR!.CT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". The Planning and Zoning Board at a meeting held on May 20th recommended by unanimous vote that Lots 1 and 2, Esquire Subdivision, west side of. Germantown Road between Royal Palm Drive and S.W. 10th Street ~014-1022 S.W. 10th Street) be rezoned from RM-15 (Multiple Family) to LI (Light Industrial). The City Manager read the caption of the ordinance. Mr. Sanson moved for the adoption of Ordinance No. 26-75 on first reading, seconded by Mro Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayo~ Scheifley - Yes. (8.d.) The City ~ttorney advised the City Manager should read the caption of Ordinance No. 25-75. The motion was remade with another roll call. Mr. Gent moved that Ordinance No. 25-75 be passed on first reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.f. The City Manager presented Ordinance No. 27-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A COMMUNITY M APPEARANCE BOARD; PRESCRIBING ORGANIZATION, ~EMBERS, TERMS, APPOINTMENTS; SPECIFYING POWERS, DUTIES AND ~m~Y~ nD mud pal an . 'DCml~V,TC~l-~a ~R~T~a~. RECORDS, APPROVAL OF PLANS AND RECOi,~ENDA~ONS FOR T~z~NS~ii~TAL TO CITY COUNCIL AND DECISIONS; DECLARING CERTAIN ACTS TO BE IN VIOLATION OF THIS ORDINANCE; PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. The City Manager reported this ordinance has been discussed at several meetings; he read the caption of the ordinance. The City Attorney reported several changes as follows: Page 2, Section 3 (b) adds that the Board shall act as a recommending body only; Page 3, Section 5 (c) specifies that if City Council does not take action on an application within'60 days, it shall be deemed denied. Mr. Sanson moved for the adoption of Ordinance No. 27-75 on first reading, seconded by Mr. Randolph for purposes of discussion. Mr. Randolph stated he was concerned with Section 1 of the ordinance. He said he felt the Board should be comprised with a majority of members being architects as the Study Committee originally recommended. Mr. Randolph moved to amend the membership of the Board from 7 members to 5 members and that the majority of this Board should be registered architects to alleviate any legal problems that might be presented to the Board. Mayor Schsifley asked if Mr. Randolph would accept in his amendment that .the Board be comprised of 2 architects and 1 landscape architect. Mr. Randolph accepted this amendment. Mr.'Sanson accepted Mr. Randolph's amendment. Mr. Randolph'rephrased his amendment to amend the original motion by having the Board composed of 5 members instead of 7 members, ant that two members of the regular Board shall be registered architects, · said amendment being seconded by Mr. Sanson. Mrs.' Krivos expressed doubt about passing an ordinance that could result in lawsuits as ex- pres.ed in discussion among Council members. The City Attorney recom- mended voting on the amendment separately prior to voting on the ordi- nance. Upon roll call, Council voted as follows: Mr. Gent - No; Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 3 to 2 vote. Mr. Sanson moved that the ordi- nance be amended as follows: Page 1, Section 2 to read "a Chairman and -5- 6-23-75. Vice-Chairman and any other officers as they deem necessary", seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. Mayor Scheifley called for a vote on the ordinance itself; Council voted as follows: Mr. Gent - No; Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 3 to 2 vote. 8.~. The City Manager presented Ordinance No. 28-75. AN ORDINANCE OF TItE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY REPEALING SECTION 29-7.6 "APPLICATIONS FOR REZONING" AND ENACTING A NEW SECTION 29-7.6 "REZONING REQUEST" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY .BEACH; ESTABLISHING PROCEDURES FOR REZONING REQUESTS; SETTING FEES AND LIMITATIONS ON REZONING OF PROPERTY; OUTLINING STANDARDS FOR EVALUATING REZONING REQUESTS; SPECIFYING CONTENTS OF REZONING APPLICATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. The Planning and Zoning'Board recommended by unanimous vote amending Chapter 29 "Zoning" by repealing Section 29-7.6 "Applications for Rezonin9" and enacting a new section 29-7.6 "Rezoning Request". This ordinance will cause the initial application to be filed with the Planning Department; will increase the filing fee from $100 to $300; and will set standards for rezoning. The City Manager read the caption of the ordinance. Mr. Gent moved for the adoption of Ordinance No. 28-75 on .first reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The City Manager presented Ordinance No. 29-~5. 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 SUB- SECTION 29-1 "DEFINITIONS" BY ADDING BOARD AND CARE HOMES; ALSO BY AMENDING SUBSECTION 29-7 "C-1 LIMITED COMMERCIAL DISTRICT" BY ADDING BOARD AND CARE HOMES TO SUBPARAGRAPH (C) CONDITIONAL USES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. The Planning and Zoning Board recommended by unanimous Vote the amendment of Chapter 29 "Zoning" by allowing Board and Care Homes as a conditional use in the C-1 Limited Commercial District. The City Manager read the caption of the ordinance. Mr. Gent moved for the adoption of Ordinance No. 29-75 on first reading, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley- Yes. 9.a. The City Manager reported the Planning and Zoning Board at a meeting held July 17th recommended by unanimous vote that a 3.83 acre parcel of land in Section 18-46-43, located on the west side of Congress Avenue between Atlantic Avenue and Lake Ida Road, owned by Leo A. Blair, be rezoned from RM-15 (Multiple Family) to LI (Light Industrial.). A sketch was shown depicting the location of the property. Mrs~ Krivos moved that the City Attorney prepare an ordinance rezon~ng the described property, a 3.83 parcel of land in Section 18-46-43, from RM-15 (Multiple Family) to LI ~Light Industrial), seconded by Mr. Randolph. Mr. Sanson questioned whether or not this could be regarded as spot zoning and stated he would like to prevent the entire road from turning into an industrial environment. Mr. Gent stated the property was surrounded by industrial zoning. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. -6- 6-23-75. 9.b. The City Manager reported the Planning and Zoning Board at ~' me~eting held on June 17th recommended by unanimous vote that a 1.09 acre parcel of land in Section 18-46-43, located on the west side of Congress Avenue between Atlantic Avenue and Lake Ida Road, owned by El'iiott M. Nelson, be rezoned from RM-15 (Multiple Family) to LI (Light Industrial). Mrs. Krivos moved that the City Attorney be directed to prepare an ordinance rezoning the 1.09 acre parcel of land from RM-15 (Multiple Family) to LI (Light Industrial), seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 9.c. City Manager Mariott reported the Planning and Zoning Board at a meeting held on June 17th reco~nended by unanimous vote that the site plan for medical offices for Dr. Westine located south of N.E. 8th Street, between N.E. 3rd Avenue and the Florida East Coast~Railway, 709-717 N.E 3rd Avenue, be approved There is presently a four-plex on this property which Dr~ Westine intends to convert for medical office use. Mr. Gent moved for the approval of the Site plan for medical offices for Dr. Westine located at 709-717 N.E. 3rd Avenue, seconded by Mrs. Krivos, said motion passing unanimously. 9.d. The City Manager reported the Planning and Zoning Board at a meeting held on June 17th recommended by unanimous vote that the site 'plan for the Masonic Lodge at the southeast corner of the intersection of N.W. 1st Street and N.W. 5th Avenue be approved. Mr. Sanson moved to approve the site plan for the Masonic Lodge located at the southeast corner of the intersection of N.W. 1st Street and N.W. 5th Avenue, seconded by Mr. Randolph, said motion passing unanimously. 10. The following Bills for Approval were unanimously approved on motion.by Mr. Randolph and seconded by Mr. Gent. General Fun~ .............. $294,647.91 Water and Sewer Fund ......... 6,986.00 Cigarette Tax Fund .......... 87,928.75 Refundable Deposits Fund ........ 15~000.00 Improvement Trust Fund ....... '. . 3,999.11 Beach Restoration Fund ......... 1,000.80 Federal Revenue Sharing Fund ...... 542.50 The meeting was adjourned at 9:30 P.M. City Clerk APPROVED:  / MAYOR ~ -7- 6~23-75. RESOLUTION NO. 35-75. A RESOLUTION OF TI-HI CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO GRADE S.W. ~TH AVENUE PARK AS SHOWN ON THE GENERAL GRADING PIJ~N, BY ARTHUR V. STROCK AND ASSOCIATES, INC., DRAWING NO.' 4887-08-003E. WHEREAS, it is the recon~L~endation of the City Manager that the Council, acting by authority of provisions of Section 78 of the City's Charter, award a contract to grade S.W. 4th Avenue Park as skown on the General Grading Plan, by Arthur V. Strock and Associates, Inc.-, Drawing No. 4887-08-003E. WHEREAS, of the five quotations requested, three quotations were submitted in the amounts of: J. P. Calloway $7,200 Completed in 15 days Delray Beach, Florida James 'A. Porter .Company $14,900. " "45 " Li'ghthouse Point, Florida Hardrives of Delray, Inc. $15,000 " "90 " Delray Beach, Florida Carr Soil & Sod-Driveways No Quotation Delray Beach, Florida Oneman Engineering No Quotation Delray Beach, Florida WHEREAS, the City Engineering Office certifies the low quoted price to be reasonable and the City Manager recommends that the City of Delray Beach enter into a contract with J. P. Calloway of Delray Beach, Florida, to grade S.W. 4th Avenue Park as shown on the General Grading Plan, by Arthur V. Strock and Associates, Inc., Drawing No. 4887-08-003E, which contractor submitted the lowest quotation in the amount of $7,200; and,. WHEREAS, it is the Council's opinion that the award of this contract would be in the best interest of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COb/qCIL OF THE CITY.OF DELP~Y BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That said contract to grade S.W. 4th Avenue Park as shown on the General Grading Plan, by Arthur V. Strock and Associates, Inc., Draw- ing No. 4887-08-003E, be awarded to J. P. Calloway of Delray Beach, Florida, in the amount of $7,200. SECTION 2. That this improvement shall be funded with money from Federal Revenue Sharing Funds. PASSED AND ADOPTED in regular session on this the . 2$rd . day of J,'ne .., 1975. ATTEST CITY CLERK ,. ~ ? ' l16A RESOLUTION NO. 36-75. A RESOLUTION OF THE CITY'COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR APPROXIMATELY 850 SQUARE YARDS OF PAVING FOR ~E DELP~Y SHORES UTILITY STORAGE AREA. 'WItEREAS, it is the recommendation of the City Manager that the Council, acting by authority of provision in Section 78 of the City's Charter, award a contract for the materials and installation of approxi.- mately 850 square yards of paving for the Delray Shores Utility Storage Area in accordance with detai'ls as supplied by the Director of Public Utilities; and, W}LEREAS, three bids have been received, for the installation in the following amounts: Cart Soil & Sod Co. (864 sq.yds.) $2,184.00 .Hardrives, Inc. (864 sq.yds.) 2,237.9.6 Garman Asphalt & Paving (850 sq.yds.) 2,423.50 WHEREAS, it is the Council's opinion that the award of this contract is in the best interest of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAy BEACH, FLORIDA, AS FOLLOWS: · . Section 1. That said contract for the materials and installation of 864 square yards of paving has been awarded to Carr Soil & Sod Company who was the low bidder in the amount of $2.53 per square. Yard with a total contract price of $2,184.00. Section 2. That this paving shall be funded from encumbered funds. PASSED AND ADOPTED in regular session on this the 23rd day of June, 1975. ATTEST: CitY Clerk l16B ORDINANCE NO. 22-75~ AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF DELF~Y BEACH, FLORIDA, REPEALING CHt'd?TER 14A OF THE CODE OF ORDINANCES, "GARBAGE, TP~SH AND WEEDS", AND ENACTING A NEW CHAPTER 14A, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; DEFINING THE TEKMS AS USED HEREIN; ESTABLISHING AND IMPOSING CHARGES AND FEES FOR THE GARBAGE AND TRASH COLLECTION; DECLARING CERTAIN ACTS OR PRACTICES RELATIVE TO THE ACCUMULATION, DEPOSIT, STORAGE, AND HANDLING OF GARBAGE AND TRASH TO BE UNLA¥~FUL AND A VIOLATION OF THIS ORDINANCE; PRESCRIBING TYPES OF CONTAINERS; PRE- SCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. ~REAS, the Public Works Department of the City of Delray BeaCh has made recommendations concerning' changes in the policy of collecting garbage and trash in the City of Delray Beach; and, WHEREAS, the City Council of the City of Delray Beach, Florida, concurs in said recom~e'ndations; and, WHEREAS, the City Administration is in agreement with the recommenda- tions proposed, NO~, Th~O~.~ ~ i~ OKuAY~ED ~Y ?H~ CiTY COUNCIL OF THE CiTY OF DELRAY BEACH, FLORIDA~ AS FOLLOWS: Section 1. That Chapter 14A "Garbage, Trash and Weeds" of the Code of Ordinances of the City of Delray Beach, as amended, is hereby repealed. Section 2. That the following Chapter 14A "Garbage and Trash" shall replace Chapter 14A "Garbage, Trash and Weeds" of the Code of Ordinances of the City of Delray Beach repealed in Section 1 above. Chapter 14A GARBAGE AND TRASH Sec. 14A-1. Definitions. / For the purpose of this chapter: (a) Garbage. The word "garbage" is hereby defined to mean every refuse accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking, and dealing in, or stor- age of, meats, fish, fowl, fruits, or vegetables, and any other matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or a~ter decay~ may serve as breeding or feeding material fpr flies or other germ-carrying insects; and any bottles, cans, or other containers which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water- breeding insects. It also shall mean refuse accumulation of paper, wooden or packaging material or other containers, sweepings, and all accumulations of a nature which are usual to housekeeping except materials of this type which, because of their bulk, are too large to be properly placed in garbage cans. 116C (b) T~ash. The term "trash" shall mean all accumulations of grass, tree, or shrubbery cuttings and other refuse incident to the care of lawns, shrubbery, vines and trees, and includes dis- carded household items such as electrical appliances, furniture, and other household items too large 'to be properly placed in garbage cans. (c) Garbage Cans. The term "garbage cans" shall be defined to mean a galvanized iron can or plas-~ic type garbage can of the type con, only sold as a "garbage can", of a capacity not to exceed thirty-two gallons, or of the type commonly sold as an "ash can" of a capacity not to exceed thirty-two gallons, and, in either case, such cans shall have two handles upon the sides of the can, or a bail by which it may be lifted, and shall~ have a tight-fitting top. (d) Trash Container. The term "trash container" shall meaH any garbage can, plastic or metallic container, of a size not to exceed five cubic feet in capacity, for the purpose of storing trash, as hereinabove defined. Trash may also be containerized in commercial type containers approved by the Director of Public Works Department or in containers or bundles weighing not more than fifty pounds or over four feet in length. (e) Residential Dwelling Unit. The term "Residential Dwelling Unit" shall be any family living unit, and, where two or more families are living on the same premises, each shall be considered as a separate residential dwelling unit. In apartment buildings, condominiums, cooperatives, duplexes and the like, each living unit shall be considered a separate residential dwelling unit. Sec. 14A-2. Garbage or 'Trash Cans - Required. (a) Garbage and trash containers, except commercial type provided by the City, shall be provided by the owner, tenant, lessor or occupant of the premises. Any container that does not conform to the provisions of this ordinance or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof or that, if not compati- ble with or likely to damage the City's collection equipment, shall be promptly replaced upon notice from the Director of the Department of Public Works. All garbage and trash shall be placed in the containers herein specified or otherwise prepared in accordance herewith or it will not be picked up by the.City. (b) Each residential dwelling unit in the City is hereby required to provide a garbage can or cans and trash container or containers of sufficient number to hold four days accumulation of garbage or trash, as the case may be. (c) Containers partially or totally below the surface of the ground are hereby prohibited except as to those containers in use on the effective date of this ordinance. (d) It shall be the responsibility of the users of garbage and trash containers furnished by the City to clean and maintain such con- tainers in a sanitary condition. Sec. 14A-3. Same - Accessibility. (a) No garbage can or trash container shall be kept or maintained upon or adjacent to any street, sidewalk, parkway, front yard, side yard, or other place within the view of persons using the City's streets and sidewalks, except that: -2- Ord. No. 22-75. (1] The owner or occupant of any r~ ' ~ p_emls~s may erect or construct and maintain upon any portion of the rear of his own prem- ises a permanent bin, pit, or other structure in which garbage cans and trash containers may be kept; provided, that such bin, pit, or other structure is maintained in a clean, sanitary, and sightly' condition. (2) Garden type trash (not containerized) such as trees, shrub- bery, cuttings and palm fronds may be placed upon adjacent unimproved property not in the ownership or tenancy of the person by whom the garbage.or trash is accumulated pro¥ided~ that such garden type trash is not more than six feet zn length except palm fronds which may be longer and non place upon such property more than one week prior to the schedule day of collection; provided further that garden trash may / ' - only be placed upon such unimproved property with the con- sent of the owner. If garden-type trash is placed upon adjacent property in accordance herewith, this shall not constitute a violation of Chapter 5A of the Code of Ordi- nances of the City of Delray Beach. (3) Trash accmmulations in areas where daily collection is pro- vided shall be placed in the prescribed trash containers, or may be placed in available cardboard boxes where such boxes are a part of the trash to be collected. Loose papers, packing materials and any other loose trash shall not be placed in a bin or other re-usable receptacle which cannot readily be carried, .lifted and dumped onto a truck. by more than one man. In the event that waste cardboard containers are used they shall be so Protected.from rain that their condition at the time of collection is adequate to hold the containe~ tr~s~, without danger of spillage ~ue to failure. The container shall be placed at the rear of the establishment and be located near an area where the trucks can be loaded. '(b) Placement of Garbage and Trash for Collection. (1) Residential - Trash shall be placed at the edge of the paved street or alley immediately adjacent to the property from which the trash originated except as set forth in Section 14A-3(2). Neither containerized trash nor inorgan- ic household trash such as discarded electrical appliances, mattresses, and furniture shall be placed out for collec- tion more than 24 hours prior to the scheduled day of collection. Gard'en-type trash may be put out for collec- tion not more than one week prior to the scheduled collection day. Containerized trash will be picked up by City garbage crews on the same day scheduled for garbage ~ pickup. Uncon~ainerized trash will be picked up in accordance with the City trash schedule established by the Director of the Public Works Department. (2) Co~ercial - Garbage cans, trash containers and uncontain- erized trash shall be kept in an area where they are easily accessible for pickup. Sec. 14A-4. Same - Inspection; Condemnation, appeal from same. All garbage cans and trash containers shall be subject to in- spection and approval or condemnation by the inspectors of the Public Works Department of the City. No appeal from such conde~%ation shall be possibl~ except to the Director of Public Works. -3- Ord. No. 22-75. l16E Sec. 14A-5. Preparation of Garbage. Ail wet garbage matter shall be wrapped in paper or disposable containers before being placed in garbage cans. All garbage, after having been so wrapped and drained of all liquids, shall be daily deposited in garbage cans herein required. Tin cans, bottles, and other containers shall first be drained of all liquid and shall be deposited in'garbage cans. All garbage and trash cans shall be kept tightly covered at all times, except as it is necessary to remove the cover for the purpose of depositing garbage or trash in the can or when collection is being made. Sec. 14A-6. Preparation of Trash. Trash shall be placed in trash containers whenever practicable. All trash shall be so prepared and contained so as not to be blown about by the wi~d. Sec. 14A-7. Burial prohibited, exception; Container construction and design. No person shall deposit on or bury in, or cause to be deposited on or buried in, any land, public square, street, alley, vacant or unoccupied lot or any creek or water course any noxious, filthy, maladorous, or offensive liquid or solid material, gar- bage or trash, or place or keep such materials, garbage, or trash anywhere within the limits of the city in any vessel or recept' acle other than in a standard, approved garbage can or trash container from which regular collections are-to be made. Such garbage cans and tr~h ce~t~ner~ ~h~!! be e~ ~ucb ~i~e, ~ty!e. and design as have been approved by the~Department of Public Works of the city for the accumulation, deposit and storage, respectively, of garbage and trash. .Sec. 14A-8. Service Charge or Fee. (a) Class Description. (1) Residential Dwelling Unit - $3.50 per month for garbage pickup. This charge shall commence when a certificate of occupancy is issued for a residential dwelling unit and shall continue monthly thereafter unless service is. dis- continued in accordance with 14A-8(c). (2) Commercial and customers other than those specified in (1) above for garbage and trash - $1.50 per cubic yard with a minimum monthly charge of $7.00 per month per customer. The minimum monthly charge shall be levied as to each cus- tomer despite the fact that there may be several customers using the same container. Users in this category will be charged on the basis of the size of the container they are using without regard to the fact that such container may or may not be full. The charge will be levied as if all such containers were full. (b) Method of Billing. The monthly charge in paragraph La) above shall be billed togethe with and as a part of the monthly statement issued by this city for water services, '~t the same time as such other charges, pro- vided that such garbage and trash collection service charges shall be itemized separately on such statement. -4- Ord. No. 22-75. 116F (c) Delinquency; discontinuance of service. Delinquency in the payment of these fees shall be equal to and the same as being delinquent for water billed, and the city may discontinue water service until these fees are fully paid. Likewise, discontinuance of water service at the customer's request shall also result in discontinuance of the services provided for in this ordinance. (d) Unimproved property. However, if water is being furnished the premises of any owner and there is no service under this ordinance furnished because of no i~rovements or buildings on the premises, no fee will charged under this ordinance. The failure of a tenant or owner of any premise tO avail himself of the use of city water or collection, service shall not relieve him from the payment of collection service charges. (e) Charge to be billed to users' record of water services. The person or company in whose name the water services are billed shall be considered and declared to be for the purpose of the enforcement of this article responsible for the payment of such fees, rates, and charges therefor as are hereby estab- lished or as hereafter modified by the City Council of the City of'Delray Beach, except that wherein no water service is rend- ered and collection service is requested or deemed necessary such fees shall be the responsibility of the owner or tenant of such property. Sec. i4A-9. Residential ?rash Collection. (a) Persons,' firms or corporations engaged in either commercial landscape or lawn maintenance businesses shall be responsible for hauling trash generated by their activities to the City's disposal area. The City shall pay the disposal fee for the trash and shall require a signed statement from the person hauling it affirming the fact that the trash originated from real property located in the municipal limits of Delray Beach. (b) The City. shall pick up,.haul, and dispose of residential trash other than that specified in (1) above at no additional cost except that the City shall not be responsible for either pickin~ up, hauling, or disposing of (whether for a fee or not) trash generated by construction activity or any other trash which is likely to damage the City's collection equipment. Construction material and other trash not qualifying for City pick-up, haul.- ing, or disposal shall not be placed on a public road right-of- way. Sec. 14A-10. Garbage collection reserved in the City; procedure fo~ awarding f~anchise for private collection. The governmental function of collection, removal and dispositio~ of all garbage and trash (except garden trash) within the muni- cipal limits of the City is hereby exclusively vested in the municipal goverment of said City and all other individuals, | persons, firms or corporations are hereby specifically prohibit ed from engaging in such practice or business within tke corporat~ limits of said municipality, and from utilizing the publicly dedicated streets, alleys or thoroughfares for said purposes, provided, however, that in the event the City Council should determine that sald functions can be performed by private enter- prise on a more economical and efficient basis, said Council may award an exclusive franchise to a private concern for the performance of said functions upon such terms and conditions as are determined by the City Council, in their judgment, to be most beneficial to the citizens of the municipality. -5- Ord. No. 22-75. l16G Sec. 14A-11. Reserved. Sec. 14A-12. Enforcement of chapter provisions; penalty for violatior (a) It shall be unlawful for ~any person to neglect, fail, or refuse to comply with and abide by any of the provisions of this chap- ter. The performance on each day of any prohibited act or practice or the failure to perform on each day of any required act or practice shall constitute'a separate and distinct viola- tion of this chapter and a separate offense hereunder and shall be punishable as such. (b) Any person who falsifies a statement required by Section 14A-9(a shall upon conviction thereof be fined not less than $100 and not more than $500 for each statement so falsified. (c) Any person who shall violate this chapter other than Section 14A-9(a) relating to the statements required for the City to pay the disposal fee shall, upon conviction thereof, be fined not more than five hundred dollars or be imprisoned in the city jail not to exceed sixty days, or by both such fine and imprisonment. Section 3~~ All ordinances or parts of ordinances in conflict, here- with be and the same are hereby repealed. PASSED AND ADOPTED in regular session on second and final reading on this the 23rdday of Jun~. : .. ., 1975. ATTEST: City Clerk First Reading May 27, 1975 Second Reading June 23~ ]975 -6- Ord. No. 22-75.