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02-25-74
255 FEBRUARY 25~ 1974 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, February 25, 1974, .with Mayor James H. Scheif!ey presiding, City Manager J. Eldon Mariott, city Attorney G. Robert Fellows and Council members Grace S. Krivos, David E. Randolph, J. L. Saunders and Leon M. Weekes present. 1. The opening prayer was delivered by Rev. Carroll Lee of the Church of God of Delray Beach, Florida. The Pledge of Allegiance to the Flag of the United States of America was given. 3__. The minutes of the regular Council meeting of February 11, 1974, were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Saunders. 4.a. Mrs. Krivos stated she had been given a petition to present to Council from residents along Marine Way Drive, south of Atlantic Avenue bridge, concerning the seawall at that location. The residents have requested a meeting with Council. The matter was referred to the City Manager to schedule a workshop meeting in the near future. 4.b. Mrs. Krivos observed the sand at the beach was building up on the west side of the snow fence. She requested the sand be bull- dozed down to eliminate the blowing of sand across the highway. This matter was referred %o the City Manage~. 4.c. Mr. Weekes reported he received a call from a resident in the area of the parking lot presently under development on South Ocean Boulevard. The residents in the area had been informed the original plans had called for a fence to be placed around the parking lot and they have now been told that the fence will not be installed. The City Manager stated he would check into the matter. 4.d. Mr. Weekes stated in the minutes of the Planning and Zoning Board meeting of February 19, 1974, Mr. Dam Kotulla, Planning Director, was asked to prepare a list of recommended ordinance revisions which have been submitted to the City Council, but which have received no action to date. Mr. Weekes asked to receive a copy of Mr. Kotulla's communique to the Planning and Zoning Board. The City Manager stated he would forward a copy of the report to each Council member as soon as he receives it. 4.e. Mr. Weekes stated he would not be in attendance at the nex~ regular Council meeting on March 11, 1974, since he would be in Talla- hassee attending a pre-legislative seminar. The City Attorney will also attend the meeting in Taliahassee. 4.f. Mayor Scheifley read a Proclamation proclaiming the month of March, 1974, as Lion's Eye Bank Month. Mr. John S. Parke, President of the Lion's Club, accepted the Proclamation. He thanked the Council and requested City participation in this project. 6.a. The City Manager stated the following bids have been re- ceived for construction of a building for restrooms and storage space 256 to serve the two ball fields located on Block 48 at 330 S.W. 2nd Avenue: BIDDER BID The Leek Corporation $25,720.00 Campbell Construction Company 29,694.00 Hawkins & Mouw, Inc. 30,000.00 It is recommended the contract be awarded to the low bidder, the Leek Corporation, in the amount of $25,720 with the source for financing to be as follows: $15,000 encumbered in the 1972-73 budget for this specific purpose; $5,000 encumbered in the 1972-73 budget for Little League Capital !mprovements~ and a transfer of $6,000 from the current budget General Fund Contingency Account. The City Manager stated these fields are used for practice by the Little League and the Minor League teams, and at present, plans do not include using these fields for actual games. Mr. Weekes stated this area is very heavily used by the Little League teams for training and practice. Mr. Saunders questioned the possibility of lighting these fields so regular games could be played in this area. The City Manager replied this could be considered and improvements are gradually being made to the playing area. Mr. Weekes moved to accept the low bid of the Leek Corporation in the amount of $25,720, seconded by Mr. Saunders, said motion passing unanimously. 6.b. The' City Manager stated only one bid had been received by the City for the purchase of a new bus to be used by the Parks and Recreation Department although invitations to bid were submitted to eight different companies. The Superior Coach of Florida, Inc. bid $10,600, plus trade, and it is recommended authorization be made to purchase the bus from Superior Coach of Florida, Inc., with the financ- ing to come from $7,500 specifically budgeted for this purpose, plus $3,000 to be transferred from the account for the purchase of play- ground equipment, and the remaining $100 to be made up by the regular Parks and Recreation budget. Mrs. Krivos moved to accept the bid of. Superior Coach of Florida, Inc. in the amount of $10,600, plus trade- in, for the purchase of a bus, with the financing to be as recommended by the City Manager, seconded by Mr. Randolph, said motion passing unanimously. 6.c. The City Manager stated a proposal dated January 29, 1974, has been received from the engineering firm of Arthur B. Strock and Associates, Inc. for the making of a study of the beach at a cost of $8,400 for the period of six months following the completion of the beach restoration project. It is recommended this study be authorized with financing to come from the Beach Bond Issue. Mr. Saunders so moved, seconded by Mr. Weekes, said motion passing unanimously. 7.a. Mayor Scheifley acknowledged the minutes' of the Beautifica- tion Committee meeting held on February 6, 1974. He stated Mr. Jack Gomery had suggested placing benches along the bicycle ~nd walking path on South Ocean Boulevard. The matter was referred to the City Manager. -2- 2-25-74 257 8.a. The City Manager presented Resolution No. 9-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE CONSTRUCTION OF A TEN INCH WATER LINE, LOCATED ON LINDELL BOULEVARD, AND A SIX INCH WATER LINE LOCATED ON BOBOLINK ROAD, AS PER DRAWING NO. 12-3-73. (Copy of Resolution No. 9-74 is attached to the official copy of these minutes.) The City Manager stated the following bids have been re- ceived by the City for installation of the subject water lines: B IDD E R B ID Oneman Engineering $5,515.00 Lyons Construction Company 7,400.00 Gulfstream Construction Company 18,500.00 It is recommended Resolution No. 9-74 be adopted authorizing the award of the contract to the low bidder, Oneman Engineering, in the amount of $5,515, funds for which are contained in the present budget. Mr. Saunders moved for adoption of Resolution No. 9-74, awarding the contract to the low bidder, Oneman Engineering, seconded by Mr. Ran- dolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph- Yes; Mr. Saunders- Yes; Mr. Weekes- Yes; Mayor Scheifley - Yes. 8.b. The City Manager presented Ordinance No. 1-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION 15C-4 (f) "PARKING AREA iNTERIOR LA~,IDSCAPING" TO ~DAKE IT MORE UNDERSTANDABLE AND A~ENDING SUBSECTION 15C-6 "OTHER APPLICABLE REGULATIONS" TO INCLUDE' PRESENT PAVED AREAS OF C~HAPTER 15C "LANDSCAPING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AS AMENDED, REPEALING ALL ORDI~ANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 1-74 is attached to the official copy of these minutes.) A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mrs. Krivos moved for the adoption of Ordinance No. 1-74 on second and final reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders- Yes; Mr. Weekes- 'Tes; Mayor Scheifley- Yes. -3- 2-25-74 258 8oC. The City Manager presented Ordinance No° 2-74. AN O1LDINANCE OF T~ CITY OF DEI,RA~[ BEACH, FLORIDA, REZONING .7~:~D PLACi. NG PRESENTLY ZOLq~_:D C-1 A~D RM-15 LANDS IN AN AI~EA BOUNqDED ON THE EAST BY 5V-~E EAST SIDE OF Ti-YE INTRACOASTAL WATERWAY~ ON TH.~E NORTH BY N.E. I~'P S'NqEET FROM THE EAST SIDE OF THE WATERWAY TO SWINTON AVENUE; ON THE., W-EST BY SWINTON AVENUE FROM N.E. 1ST STREET ON 'I~{E NOR'.I~ TO THE SOUT}SVEST CORNER OF LOT 6, BLOCK 69 ON THE SOUTH ( AS IN PLAT BOOK 2, PAGE 43) ; ON THE SOUTH BY A LiNE CO~X~ENCING AT .THE SOUTI~'.~EST COR~R OF LOT 6, BLOCK 69 (AS IN PLAT BOOK 2, PAGE 43) EXTEI~3ING EASTERLY ALOi, IG THE SOUTH LINE OF LOTS 6, 5, 4, 3, 2, 1 OF BLOCK 69 (AS IN PLAT BOOK 2, PAGE 43) AND CONTINUING ALONG %%IE SOU%R-! LINE OF LOTS 1, 2 A~[D 3, BLOCK 77 (AS IN PleAT BOOK 1, PAGE 3); 'ITIENCE SOUT>~RLY ALONG ~ ~EST BOUL~DARY OF LOTS 13, 14, 15, 16, 17 AND 18, BLOCK 77 (AS iN PLAT BOOK 1, PAGE 3)~ T]!~ENCE EASTERLY ALONG S oE. !ST STREET TO THE SOUTiSw-EST CO_~/~ER OF LOT 24, BLOCK 117 (AS IN PI~T BOOK 1, PAGE 3); THENCE NORTHERLY ALONG T~ WEST LIL~ OF LOTS 24, 23, 22, 21, 20, 19 A~rO 18~ BLOCK 117 (AS IN PlAT BOOK 1, PAGE 3), TO THE A?OR~-i~EST CORNER OF LOT 18, BLOCK 117 (AS IN PI~AT BOOK 1, PAGE 3); THENCE EASTERLY ALO!JG THE SOUTH LI~E OF LOT 17, BLOCK 117 AND THE SOUTH LI!YE OF LOTS 10 AB~ 45, BLOCK 1.25 (AS IN PLA'T BOOK i, PAGE 3), LOTS 57 AND 92, BLOCK 133 (AS IN PLAT BOOK 1, PAGE 3), A~ID CONTINUING ACROSS T~_~. WATERWAY TO TI-~ EAST BOI)t~DARY~ ALL AS IN THE PUBLIC RECOPJ3S OF PAi2.i BEACH COUL~£Y, FLOP. i~DA, IN "CBD CENTPJ~L BUSINESS DISTRICT", Ab.rD A_~IENDI!'7G 7I{E "ZO~IING ~AP OF THE CI~P£ OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 2-74 is attached to the official copy of these minutes.) Question was raised by persons in the audience concerning the purpose of establishing a Central Business District. Mayor Scheifley, me.~ers of Council and Mr. Roy Simon, member of the Planning and Zoning Board, explained the background of the Do%~m'town Development Authority and the primary purposes for which the district was established. It was specJ, fical!y explained "that the present 1 mill above City taxes already being paid by property owners in the district would not be increased. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hear- ing was closed. Mr. Saunders moved for the adoption of Ordinance No. 2-74 on second and final reading, seconded by.Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. 8.d. The city Manager presented Ordinance No. 3-74. AN ORDiL~ANCE OF THE CITY COUNCIL OF THE CI'I~f OF DELPGqY BEACH, FLORIDA, REZONING ~%2%rO PLACING LAND PRESENTLY ZOLrED NC NEIGHBORHOOD COM~'~RCI3%L DISTRICT -4- 2-25-74 25'9 IN "C-1 LIMITED COMMERCI~L DiS'fR. ICT;', AN AREA NORTH OF WEST ATLANTIC AVENLrE FRO[4 N. W. 3I~D AVELrUE TO THE ALLE~ BE'I~-EEN M. W. 5T~t AN~D 6TH AVENUES CON- SISTING OF THE EAST ~LtkLF OF BLOCKS 19 AND 20, THE WEST HALF OF BLOCK 27, ALI, OF BLOCK 28 LESS LOTS 7 AND 8, AND LOTS 29 THROUGIt 39, BLOCK 36; AND AMENDI~d "ZONING MAP OF DELRAY BEACH, FLORP~3A, 1972". (Copy of Ordinance No. 3-74 is attached to the official copy of these minutes.) A Public Hearing was held, having been legally advertised in compliance with ~he laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 3-74 on second and final reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos- Yes; Mr. Randolph- Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.e~ The City Manager presented Ordinance No. 4-74. AN ORDI~NCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,. Y2~4E~/DING ARTICLE !II "C~LARI-- TABLE SOLICITATIONS" OF CHAPTER 18 "PEDDLERS AND SOLICITORS" OF TiIE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACT~, FLORIDA, BY CLARIFYING CHURCH SOLICITATION; BY REQUIRING DIFFERENT PERCENTAGES FOR ISSUANCE OF PERMITS, NAMELY, FIFTY PER CENT TO THIP, T~'-.FI~.JE PE2 CEIqT .~ktD ~.~E~.~£-PI~JE PER CE~-~T TO T~EI']'[[~I PER CENT; ELIMINATE PUBLISHING AN AD ~VHEN LESS ?HAN TEN PER CENT EXPENSE; ADOPTING NEW APPLICATION FOPa~; PROHIBITING SOLICITATION FROM OCCUPANTS OF CARS ON 57{E STREETS A~ND HIG~/.[AYS; PROHIBITING SOLICITATIONS ON T~_Ab.q<SGIVING AKrD CHRtST~/~AS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERENiTH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 4-74 is attached to the official copy of these minutes.) A Public Hearing was he!d, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hear- ing was closed. In reply to questions from the audience, the City Attorney summarized the changes in the Solicitation Ordinance, specifying the fact that it was designed to aid the small organizations, such as Little League, community organizations, etc. The larger organizations must meet stringent requirements concerning administrative expenses and advertisements. Mr. Weekes moved for the adoption of Ordinance No. 4-74 on second and final, reading, seconded by Mr. Saunders. ~'pon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. -5- 2-25-74 26O 8.f. The City M~]nager presented Ordinance No. 5-74. AN ORDINANCE OF 5~{E CITY COLq~CIL OF THE CITY OF DELRAY BEACH, FLOR/DA, ANI~iX.iNG TO THE CiTY OF DELRAY BEACH CERTAIN LAN!DS ]LYING IN 'I/IE SOU~-~TEST QUARTER OF SECTION' 21, TOWLNSHIP 46 SOUTH, RANGE 43 EAST, WI'IICI. I-! LANrDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO iNCLUDE SAID LANDS; PROVIDING FOR ~-~ RIGHTS AN!D OBLIGATIONS OF SAiD LANDS; AN~} PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 5-74 is attached to the official copy of these minutes.) A Public Hearing was held, having been legally advertised in compliance with the laws .of the State of Florida and the Charter of the City.of Delray Beach. There being no objections, the Public Hearing was closed. Mrs. Krivos moved for the adoption of Ordinance No. 5-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.g:_ The City Manager presented Ordinance No. 6-74. AN ORDINANCE OF THE. CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING PRESENTLY ZONED LI LIGHT INDUSTRIAL LANDS IN AN APdA 'BOUNDED ON THE, NOR~ BY ~{E LAKE WOR'~I DPCAiNAGE DISTRICT CANAL LATERAL 32, ON THE EAST BY TItE 1-95 RIGHT-OF-WAY, ON TP~ WEST BY CONGRESS AVENUE AND ON T}IE SOUTH BY THE SOUTH LINrE OF TP~ W½ OF NE% OF SE% OF SECTION 18-46-43, ALL LYING WITHIN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, IN "MI .~tEDIUM INDUSTRIAL DISTRICT", AND AMENDING THE "ZONING ~,~_AP OF THE CITY OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 6-74 is attached to the official copy of these minutes.) A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hear- lng was closed. Mr. Randolph moved for the adoption of Ordinance No. 6-74 on second and final reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Randolph- Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; M~yor Scheifley - Yes. 8.h. The City Manager p~esented Ordinance No. 9-74. AN ORDINANCE OF 57{E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMELrDING SUBSECTION 26-1 "iLATES CIIARGED PALSENGERS -- GENERALLY" OF CttAP- TER 26 "VEHICLES FOR HIRE" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, AS AHENDED BY -6- 2-25-74 261 INCREASING TIlE P~.AS!ES: REPEALI~G AI,L ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. The City Manager stated at a recent workshop meeting, the owners and operators of Delray Beach Taxi came before Council asking for a rate revision in the ordinance that governs the taxicab rates in the City. Council agreed to revise the rates and Ordinance No. 9-74 reflects the rate changes. Mr. Saunders moved the passage of Ordinance No. 9-74-on first reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph- Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.i.. The City Manager presented Ordinance No. 10-74. AN ORDINANCE OF T~IE CITY COUlqCIL OF THE CITY OF DELFGtY BEACH, FLORIDA, Pd~ZONING AND PLACING LOTS 1, 2, 3 ~[D LOTS 7 THROUGH 18 INCLUSIVE, HALLER & GROOT[,gtN'S SUBDIVISION, IN "SC SPECIALIZED COM~'ZERCIAL DISTRICT", A~ND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". City Manager Mariott stated this ordinance would rezone the property in question from C-1 Limited Commercial District to SC Spe- cialized Comraercial District. The Planning and Zoning Board at a meeting held on February 19, 1974, recommended by unanimous vote that Council grant the request for rezoning. Mrs. Krivos raised the ques- tion that previous discussion had resulted in a request that the Planning and Zoning Board rezone the entire area between 8th Street and 4th Street and between 5th Avenue and 6th Avenue rather than handle each picce of property' separately. ~e City Manager stated this was true, but the Planning and Zoning Board had agreed to handle this piece of property at present to avoid further delay for the applicant. The Planning Director has submitted a report to the Planning and Zoning Board with regard to this area to eliminate spot zoning. Mr. Roy Simon of the Planning and Zoning Board stated the Board had made an error in the initial stages of the Master Plan and had incorrectly drawn the boundary of the SC District on the zoning map. He further- stated the property under question does fit into intended use for this area and would not be considered spot zoning. Council agreed to pass Ordinance No. 10-74 with the stipulation that the Planning and Zoning Board act as soon as possible on the remainder of the proposed SC Spe- cialized Commercial District. Mr. Randolph moved for passage of Ordi- nance No. 10-74 on first reading with said stipulation, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph- Yes; Mr. Saunders -Yes; Mr. Weekes- Yes; Mayor Scheifley - Yes. 9.a. The City Manager stated the Planning and Zoning Board at a meeting held on February 19, 1974, recommended by unanimous vote that the application of Mr. Melvin Muroff for-annexatio, n of 52 acres of land located on the north side of Lake Ida Road between Congress Avenue and the Seaboard Airline Railroad in the hD~ of Section 8-46-43 be auproved provided the applicant would be willing to change his request from RM-20 to RM-15 zoning. The applicant has notified the City Manager that the property owners involved are agreeable to this change. If C~unci! so desires, the City Attorney should be authorized to pre- pare an Ordinance to this effect. It was established the City has been granted right-of-way across the north and south boundaries of the -7- 2-25-74 262 of the 200' buffer strip between Congress Avenue and the sewage treat- ment plant site. Mr. Weekes moved the City Attorney be instructed to prepare an Ordinance covering the annexation of 52 acres in accordance with the recommendation of the Planning and Zoning }~oard and in con- currence with Mr. Muroff and his associates. Mr. Saunders seconded the motion. Mr. Ron Sanson questioned whether or not plans exist to four-lane Congress 'Avenue. The City Manager replied in the affirma- tive. It was also ascertained the trees on the property would be subject to the Landscape Ordinance of the City. Upon roll call, Council voted as follows: Mrs. Krivos- Yes; Mr. Randolph- Yes; Mr. Saunders -'Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. X. Mayor Scheifley reported he had received a call from an attorney in Ft. Lauderdale who stated his client was preparing to pur- chase the land between Davis Road and High Point Subdivision. He questioned the drainage problem existing in High Point and Mayor Scheifley stated the internal drainage system was the responsibility of the developer and informed him he should contact Mr. Ranson of the Lake Worth Drainage District concerning possible use of the I,ateral E-33 Canal. Mayor Scheifley further stated the City's Engineering Department should be kept aware of the potential problem inherent in this property. 9.b. The City Manager stated the Planning and Zoning Board at a meeting held on February 19, 1974, recommended by unanimous vote that Council approve the site plan for construction of a church, the "Gold Coast Church of Christ" on the east side of Brant Drive between Avocet Road and Bluebird Drive, which consists of lots 5A through 12A, inclu- sive, replat of Lots 17 through 31, inclusive, Tropic Palms, Plat No. 1. City Manager Mariott stated this site plan has not been considered by Council workshop because i - there were no objections voiced to the site plan when presented to the Planning and Zoning Board, and 2 - it is for a. church building rather than a residential or commercial building. The Beautification Committee has also approved the site plan. Mr. Saunders moved the site plan for the church, Gold Coast Church of Christ, be approved, seconded by Mr. Randolph, said motion passing unanimously. 9.c. The City Manager stated the Planning and Zoning Board at a meeting held on February 19, 1974, recommended by unanimous vote that Council require submission of the Delray Beach Community Child Care Center, 215 S.E~ ist Avenue, to Conditional Use Procedures. Mrs. Phyllis Plume, 409 Lake Drive, Delray Beach, spoke from the floor con.cerning the Child Care Center. Mrs. Plume stated, the Child Care Center has been in operation for five years and each year receives a Federal Grant. They are now in the process of purchasing a permanent location. Mrs. Plume outlined the dates of contact with the city administration and stated both Mr. Roy Reed and the City Attorney advised their Board by letter on January 10, 1974, that the Board would not have to apply for Conditional Use because of the Federal Funds involved. All other requirements, both City and County, were subsequently met. On January 10, a contract to buy was signed with the o~ers of the property. At present, a Capital Fund Drive is underway. Mrs. Plume and the Board.. i~ the last we~k~ were advised that they would have to apply for Conditional Use i,~ spite of the letter received from the City stating they would be exempt from this. Mrs. Plume stated the Child Care Center must obtain ho'~sing by June 1st of this year. Mayor Scheifley requested the City Manager, the Planning and Zoning Board and Council to expedite the request. It was ascer- tained a complaint has been filed by a resident of the area of the proposed Child Care Center who has obtained the services of an attorney. -8- 2-25-74 263 The element of time was emphasized by Council who requested the Plan- ning and Zoning Board to make a recommendation as soon as possible, and suggested the possibility of holding a special meeting. Mrs. Bowen stated plans and surveys would be ready for consideration within a week. Mayor Scheifley stated at that time plans would be made to ex- pedite the project. 9.d. The City Manager stated the Planning and Zoning Board at a meeting held on February 19, 1974, recommended by unanimous vote that Council approve the preliminary plat for The Pines of Delray, Homewood Boulevard and Lowson Boulevard, subject to the conditions set forth in a letter dated February 14, 1974, from the Lake Worth Drainage District. The development consists of 684 units located in the SW~ of Section 19-46-43. It was ascertained the Engineering Department would determine whether or not the drainage requirements were met by the developer. Mr. Weekes made a motion to accept the preliminary plat of the Pines of Delray subject to compliance with the recommendations of the Lake Worth Drainage District, such compliance to be determined by the City Engineer, seconded by Mr. Randolph, said motion passing unanimously. 9.e. The City Manager stated the Planning and Zoning Board at a meeting held on February 19, 1974, recommended by unanimous vote that Council approve the final plat for The Pines of Delray, Phase I, Home- wood Boulevard and Lowson Boulevard. Mrs. Krivos moved to approve the final plat for the Pines of Delray, Phase I, seconded by Mr. Saunders, said motion passing unanimously. 10.a. The' following Bills for Approval were unanimously approved for payment on motion by Mr. Saunders and seconded by Mr. Weekes. General Fund ............ $878,872.40 Water and Sewer Fund ........ 578,505.26 Special Assessment Fund ...... 2,529.21 Cigarette Tax Fund ......... 12,800.00 Refundable Deposits Fund ...... 32,183.25 Citizens Contribution Fund ..... 8,770.50 Beach Restoration Fund ...... 344.23 Federal Revenue Sharing Fund .... 32.50 10.b.1. The City Manager presented Ordinance No. 11-74. AN ORDINANCE OF T~tE CITY COUNCIL OF T~ CITY OF DELRAY BEACH, FLORIDA, REZONING Ak~ PLACING THE SOUTH 43 FEET OF LOT 115 AND THE NORTH 67 FEET OF LOT 116, PLUMOSA PARK, SECTION A, IN "RM-10 MULTIPLE FAMILY RESIDENTIAL DISTRICT", AND AMENDING "ZONING ~P OF DELRAY BEACH, FLORIDA, 1972". The City Manager stated the P19nning and Zoning Board at a meeting held on February 19, 1974, recommended'by ~ vote of 4 to 1 that Council authorize the rezoning of a residential property located on the Eas~ side of N.E~ 3rd Avenue, north of N.E. ']4th Street and a~jacent to the west right-of-way line of the Florida East Coast Rail- way subject to P~-10 zoning, being the south 43 feet of Lot 115 and the north 67 feet of Lot 116, Plumosa Park, Section A. Mr. Saunders moved the passage of Ordinance No. 11-74 on first reading, seconded -9- 2-25-74 264 by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos- Yes; Mr. Randolph- Yes; Mr. Saunders- Yes; Mr. Weekes- Yes; Mayor Scheifley - Yes. 10.b.2. Mrs. Krivos reported Mr. Tore Wa].lin was listed as an alter- nate member of the [~oard of Adjustment on the 1974 Boards and Commit- tees list. The Ci~ Manager stated Mr. Jay Singer should repl.ace Mr. Wallin. This correction will be handled by the City Clerk. 10.b.3. Mayor Scheifley stated the Mayors o~ }{ighland Beach, Gulf- stream, Delray Beach and several others will attend the County Commis- sion meeting at 2:30 P.M. on Tuesday, February 26, 1974, to make a presentation to include the 12th Street (Linton Boulevard) bridge in the Commission's proposed financing. 10.b.4. Mr. Saunders asked whether or not the meeting scheduled by the City Administration, the Department of Transportation and the Florida East Coast Railway had taken place. The City Manager replied the meeting had been postponed by the other parties. ]0.b.5. Mayor Scheifley announced the meeting for -the County League of Cities would be held in Coral Gables at 7:30 P.M. on Thursday, March 21st, at the Holiday Inn. The meeting was adjourned at 9:35 P.M. City Clerk APPROVED: ~A Y 0 R ~ -10- 2-25-74 264A RESOLUTION NO. 9-74. A RESOLUTION OF Ti-~ CITY COUNCIL OF THE CITY OF DELFUAY BEACH, FLORIDA, AUTHORIZING A CIR%f. CONT?~ACT FOR THE CONSTRUCTION OF A TEN INCH WATER LINE, LOCATED O!5 LIL-DELL BOULEVAF~D, AI~U3 A SI>[ INCH 1'LATER LIk~-E LOCJ."~TED ON BOBOLINK ROAD, AS PER DI~AWING NO. 12-3-73. WHEREAS, 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 installation of 1265 feet of ten inch water main and 206 feet of six inch water line on Lindeil Boulevard and Bobolink Road, Tropic Palms Subdivision. In accordance with Plan No. 12-3-73, as supplied by the City Engineer; and, WHEREAS, three bids have been received for the installation in the amounts of: Oneman Engineering $5,515.00 Gulfstream Construction Co. 18,500.00 Lyons Construction Co. 7,400.00 ~ich bids the Director of Public Utilities certifies as being reasonable; and, W~{EREAS, 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 ~7{E CITY COU~-:CIL OF TIlE OF DELRAY BEACH, FLORLDA, AS FOLLOWS: 1. That said contract for the installation of these water lines be awarded to Onemsn Engineering, who is the low bidder in the amount of $5,515.00. 2. That this improvement shall be funded from funds so budgeted for this project. PASSED A~,]D ADOPTED on this 25th day of February, 1974. " "" - , .' / I/ ~ // // ........ - .., ~ ./.',.,., .. /i" a "Z© ' ATTEST: /S/ Hallie E. Worthinq. City Clerk 264B ORDINANCE NO. 1-74. AN ORDINANCE OF' TIlE CI5~~ COU]%CiL OT TIiE DELRAY BE7~Cti, FLORIDA, AMENq)ING SUBSF. CTION 15C-4 (f) "PA~ING ~..~ !NTNR!OR LA~x.Do¢~&P!NG" TO MARE IT MORE ER,.~I~L~,O~DL~ AND ~ ~NDING SUB~ _.~T!(A~ ].5C-6 "OTHER PAVED AREAS OF n~n~'r'~'D ~_~:~ =.~, 15C LANDSCAPING" OF THE CODE OF ORDINi!NCES OF %'lin Ci~ OF I}!~LRAY BEAC!t AS AMENDED, REPHALiNG ALL OP, DiNANCES OR Pr~RTS OF O~I- NANCES IN CONFI,!CU} REREWiS:H; PROViDiNG A SAVING CLAUS]E; PROVIDING A PENAL~.%' C~USE. VNEREAS, the Beaui~Jfication Committee and the Landscape Architect Advisory Beard ]lave recommended ~he following clarification and changes to the Landscaping Ordinance; and~ WHEREAS, the City Administration concurs in said recommendation, NOW, TLER}i~C.: .... , BE IT O~A!NED ~Y THE CIT~ CO~qCIL OF ~{E CITf OF DBLPJ~Y B~CPI, PLOelDR, AS FOLLOWS: Section 1. 5h_,t' ;~- the n.-de~, of the city of Delray Deach, Florida, as amended, be further amended by amending Section 15C-4 (f) of Chapter !5C "Landscaping" to read as follows: Sec 15C-4 (f). Pe~']~:ng-a~ee A ~ ~_A :_x-~ · ___ . -_n~e~e~ ~e.~s~ape~9. e~ ~e~_ have-e~e -~t:lTMu~- ~. .... -'-- :'~- ~.se - %-e~-~ eP~a~3 ee,ae-a ~ea-t~e~:-e aah- ~99- ~ _ eeee~e--~ee~ sepa~aee-~ands eaped-a~?ea-shak~-eo:aea&n- a-m-in~m~m-e ~- ~9-s~a~e ~ee ~-and-s ~a ~*-na~.e-a- ae-~eae e-;f~ve--~5-~-~ee ew-w~eh-{d~e-~ema~n~n~-e~e a-ede~aee%y-~a~- maee~a~-noe-ee-eHeeed-eh~ee--.t.~k-~eee-~n-ke ~ghe=--E'he-eeeaA ~ ~gQ~.-aq~e- {ee ~-e~- ~f~ee~en- ~Ae~ee~-e ~-t~eq~ ~ed-~R ~e~e~-~d- manne ~-as-ee-divide-sng-b~eak-~p- ~he-expa~ se-e~-pa~kn~ Interior Landscaminc, in Parkine Area. &!_) There sma!] be aC least ann (]0) sq,iare feet of interior ] andsc;:.p.inq for eaci~ })ar'~J nq.~o,.(.._~' ..... , oxc I. udJr~ tNor;o SD~Ces al}utti.nq a pe.tT'm~t-er for which landscap!..}~ J._s recuJ_red by other sections l:ereor. 264C 12} These landsca~_~ed areas :~hal!_ co:~.tain a mi~'~',~m of fifty ~~iSuare feet', and shall be p!~ccd at in{.~esrv:~ of no more than fifteen (15) Darkino' seaces. ~q~} There sh~ll be a {~rou~} of pal.ms or a cano%}v ~ree for each one hundred (100) souare feet of re{mired interior landscaping. 1~} Each such tree_o~ gro~? of Balms shall be plan%ed in at least a twentv-five (25) souare foot planting area with a mini- mum dA~r.~en of five (5) feet. (5) "Other vehicuier use" areas as described in Section ~, first peraorauh, refers to fiilinq stations, new and used car etc. which shall have one (1) souare feet of ~n~r~er lots ~ . landsca~sed area far each eno hundred (t00) snuare feet or frac- ~,r .... z cf'~},~%~dn ~ area ~ ~n other vehicular use areas 'where the strict application of this subsection will seriously limit the function of said area, the requ~ired landscaping may be !oceted near the perimeter of the paved area including such perimeters which may be adjacent to ~ building on the site. Such required interior landscaping which is rdlocated as herein provided shall be in addition to the perimeter landscaping requirements. Section 2. That the Code of the City of Delray Beach, Plorida, as amended, be further amended by amending Section 15C-6 of Chapter 15C "Landscaping" to read as follows: Sec. 15C-6. Other applicable regulations. (1) The provisions of %his ordinance (chapter) shall apply only to new off-street parking uses e~-e%he~-~ehSee~a~-uses: and additions and repairs to exi. sti~ Da~e~i areas. .(2) Certificate of Occupancy (a) ~e building official shall have the authority to issue a certificate of occupancy to the o~er, his agent, or to the general contractor which shall indicate the portions of the construction and development which have been completed according to the requirements of this ordinance (chapter), to the plan and building code requirements. (b) If %he landscaping requirements of this ordinance (chapter) have not been met at the time that a certificate of oCcupancy could be granted and is requested, the ov~er or his agent must post with the Building and Zoning Department a bond of 10O~ covering the costs of materials, labor, and other costs incidental to the inst611ation of the required landscaping. Section 3. ~at any person who violates the provisions of SECTIONS 1 and 2 above shall, upon conviction, be punished as provided in Section 1-6 of the Code of Ordinances of the City c: Delray Beach. Section 4. That all ordinances or parts of ordinances in con- flict herewith be and the same are hereby repealed. Ord. No. 1174. 264D Section 5. That should any section or provision of this ordi- nance or any por[:ion there, of, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision ~' ~11 not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AN~ ~H)OPTED in regu].ar session on the second and final reading on the 25th day of February , 1974. ATTEST /S/ Hallie E. Worth.ing City Clerk First Reading January 28, 1974. -3- OEd. No. 1-74. 264E ORDINANCE NO. 2--74. AN OPdDINANCE OF TItE CITY OF DELRAY BEACI-t, FLORIDA, REZONING Ai'~ PLACING PRESENTLY ZONED C-t AND Ri-I-15 LAkrDS IN AN AREA BO~IN~ED ON T~E I~ASi BY T~'~ S~E OF THE INTRACOASTAL ~'~ .... ~'~' ' NORTh BY N.E. 1ST STREET ~_~., THE EAST SIDE OF %..E WnTE1P.'~Y.. ..~ TO SWINTON AVENUE; ON T~IE-' WEST BY'S~.~"'.f~7~ON' .~V~NI~z' ~'-~ ~ FROM N'.E. 1ST STREET ON ~IE NORTii TO THE SOUT~'~EST ~,,~m OF LOT 6, BLOCK 69 ON Ti-~ SOUTH (AS IN P~IT BOON 2, PAGE 43); ON THE SOU~{ BY A LINE COPH'.~NCING AT SOUT~DXEST CONNER OF LOT 6, ~' '%~ ~ ~ ...... ~ - ~ SOU%Ii LiNE 2, PAGE 4~3) EXTENSDING E~STm~xLx A!,O~.~ OF LOTS 6, 5, 4, 3, 2, 1 OF BLOCK 69 (AS IN PLAT 2, PAGE 43) A~>~ CONTiNUii'TG ALONG ~IE_ SOU.IH 7._~_.~=~.., OF LOTS 1, 2 AND 3, BLOCiI 77 (AS IN PLAT BOOK 1, PAGE 3) ; ~NCE SOUTHERLY ALONG TNE %'7ES~ BOUii.PDARY 0]? LOTS '13, 14, 15, 16, 17 AI'~ 18, BLOCK 77 (AS iN PLAT BOOK 1, PAGE 3): z~z.,~n EASTERLY ALO~.~ S.E. 1ST STREET TO ~{E SOUT}~?EST CORNER OF LOT 24, BLOCK 117 (AS IN PLAT BOOK 1, PAGE 3); THENCE NOR%i~RLY ALONG TIIE %'~ST LINE OF LOTS 24, 23, 22, 2!, 20, 19 ~ 18, BLOCK 117 (AS IN PLAT BOOK 1, PAGE 3), TO TI~ NORTi~'~ST CORNER LOT 18 ~ o , .... ,~ 117 (AS IN P~T BOOK 1, PAGE 3); EASTERLY ALONG THE SOUTi{ LINE OF LOT 17, BLOCK 117 ~iJ[~JJ ...... T~ SO[PPi{ LiP~.S OP LOTS 10 AND ab, BLOCK t25 '~' IN PLAT BOOK 1, PAGE 3), LOTS 57 A~ 92, BLOCK 133 (AS IN PLA'lC BOOK 1, PAGE 3), A!,~ COHT!NUING m '~' ?IA'PERi?AY' TO TI-~ EAST BOUi~DARY, ALL AS IN Tile P-J2LIC RECOILS OF PALM ~EACtI COUN~I, FLORIDA, !N "CED BUSINESS DISTRICT", AI~ Al{ENDING THE "ZONING ~'RP OF 5~ CI%~f OF DELRAY BEACH, FLOR~A, 1972". ?~REAS, the Delray Beech Do'~town Development Aut~ority was established by Florida Law 71-604 as amended; and, ~EREAS, ~the Planning and Zoning Board has recommended; and WHEREAS, the City Administration concurs in such recommendation; and, ?~REAS, the City Council of the City of Delray Beach deems it to be in ~he best interest of the City to implement the functions of the Delray Beach Do%,sntovs~ Development Authority by placing the De.lray Beach Do%.mto%~m Development Authority area in one zoning classification by rezoning the present area, NOW, ~tEREFORE, BE IT O~A~YED BY T~ CItY COUNCIL OF THE CITY OF DEI,RAY BEACII~ ~n ' ~ F ....R19~, AS FOLLOw,o: SECTION 1. That the following described property in the City of De!ray Beach, Florida, is he reby rezoned and placed in the "CED Central Business District" as defined by Chapher 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: That part of the intracoasta! ~'~'~terway ~ .~ ,_;~t th riot!it-of-way line of N.E. 1st ~t~.~ t if ~¥tendec] and on C-1 the South by the Soutl~ line of I,ots 57 and 92, Palm Square, Block 133, if exte]~ded. Block ].32 , C-1 Block 124 C-1 Block 116 C-1 Block 108 C-1 Blod< 100 C-1 Block 92 C-1 Block 84 C-1 Block 76 C-1 Block 68 RM-15 Lots 1 througq~ 6, Block 69 C-1 Lots 1 through 6 and 13 through 18, Block 77 C-1 B ].oc]~ 85 C-1 Block Block 10! C-1 Block 109 C-1 Lots ! through 17, Block 117' C-1 Lots 1 through 10 and 45 and 46, Palm Square, Block 125 C-1 Lots 47 through 57 and 92 and 93, Palm Square, Block 133 C-1 SEC~.i(N 2 That the Planning Director of said City shall upon the effective date of this Ordinance change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED AND ~OPTED in regular session on the second and final reading on this the 25th day of February , 1974. /S/ Hallie E. Worthing ' City Clerk ~, r~ ~ ~ ,' Second Raadinq February 25, 1974 -~- Or~. No. 2-74. 264G u:,,u_,~,,.,~ ..... ~ OF l'n~ C!~ COUNCIL OF T!~ CiTY OF DEI~=~%. B~.~t, FLOR~A, REZONiNG AND PI~CIi':G LAND ..... . .......................... o. ~x~.-z ...... A~',~ NORTH ttlJ:.:t}'llO AVENUE FRON N. N, sz~ AVENUE TO OF WES'.[' -, r-,--:. ~ -- , ...... ~k',D 65~iI AVEXL~S CON- THE 7' L'F ri' ...... ~"'~ ......... _ ~,0~:,~ !9 AND 20, SIS'PI}':~- Ol.' 7i12 iEt":~W HALF OP ~T ~--c- ~.l~ WEST i!AL!;' OF ~LOOi[ 27, ALL OF I~LO0i{ 28 LESS LO~t'S 7 ~D ,,:a 29 q':::~()UV-~l 39, nlF~Pv 36 Ai~ A~',~ 8, AlU} LO .............. :.,~., -' ~ ~,.:....: :.lAP OF D...,LILA~. BEACH, ~'_~ORID~, 1972" BE IT OiLDAIN-ED BY TIiE CiTY COU;iCIL ON TNi-: CITY OF DELiQIY BEACH, FLORIDA: SECTION 1. That. %he followinc. _ ~ ~....~.~_..~s ..... ~.::s property in the Cit,,...= of Delr~ty ~e~,ch, P!orida, is he:eby rezoned and placed in the "C-1 Limited Cemmercia! District" as defined by Chepter 29 of the Code of Ordinances of the City of Delray Deach, Piorida, to-wit: East half of Block 19 East ball of B].oc][ 20 %%7es/ half of Block 27 Block 28 less Lots 7 and 8 Lot ...... ' ....... ~ " ~'--~" ~ ~ SECTkOI{ 2. That the Planning Director of said City shall, upon t]{e effective date 'of this Ordinance change the Zoning ;4ap of Detray Beach, Florida, to conform with the provisions of Section i hereof. PASSED AND ADOPTED in regular sessJ, on on the second and final reading on this the 25th day of February , 1974. ATTEST: /S/ tIallie E'. Worthing City Clerk First Reading ,'rannarv 28, ]97!.. Second Reading February 25, 1974. 264H ORDINANCE NO. 4-74. AN O]IDIi%A]'~'CE OF TiiE CITY COUNCIL OF ~tE CI%7 OF DEI2LAY BEACH, FLORidA, A~E,N~ING ARTICLE III "C~LARI- TABLE SOLICITATIONS" OF CHAPTER 18 "PEDDLERS SOLICITORS'' OF 71-!E CODE OF Ot~INANCES OF TIlE CI%~f OF DELRAY I~EACII, FLOR~A, BY'CLARI~ING CHURCh{ SOLICITATION; BY REQUIRING DIFFERENT PERCENTAGES FOR ISS%7ANCE OF PER~,[ITS, NL1NELY, FIFTY PER CENT TO ~TIIR~!'Y-FiVE PER CENT AN~ %~{E!~I-FIVE PERCENT TO ~ENTY' PER CENT; ELIMINAIU~ PUBLISHING AN ~ ~K~N LESS T~L~N TEN PER CENT EXPENSE; ADOPTING ~W APPLICATION FORH; PROHIBITING SOLICITATION FROM OCCUPANi:S OP O'eRS ON L~iE S?REETS A}:~ i~!GIKqAYS; PROHi}3!Y'iNG SOLICITATIONS ON T!{ANRSG!ViNG AN~D CHRiSTPi%S~ REPEALING ALL OP~!NANCES OR PARTS OF ORDINANCES !H CONFLICT HEREWITH; PROVEDING A SAVING CiRIiSE; PROV~ING A PE}~qL~' WHEREAS, the Solicitations Committee has recommended amending Article III "Charitable Solicitations" of Chapter 18 "Peddlers and 'Solicitors"; and, WHEREAS, the City Administration concurs in said recommendations; and, ~HEREAS, 'the City Council of the ci-tv of Deiray Beach, ~'iorida, has determined that such changes should be made, NOW~ Tt~EREFORE, BE IT OPdDAINrED BY THE CITY COUNCIL OF THE CITY OF DELRAY EEACH, FLORIDA, AS FOLLOWS: Section !. ~l~nat the Code of the City of Delray Beach, Florida, as amended, be further amended by amending the following section of Chapter 18 "Peddlers and Solicitors" to read as fo!lows~ Sec. 18-31. Definitions. (d) "Cost of Solicitation" shall mean all costs of what- ever nature incurred, directly or indirectly, whether under- written by others or paid directly, in raising the funds solicited. The term shall also specifically include the follow- ing: All fund raising, administr~ntion and items which some agencies refer to as "public information". Any printed material which includes a request for a contribution or instructions of where to send a contribution regardless of what else may b~ included on the page or leaflet. Any material which is handed out by persons requesting a contribution or {~hich is included with a letter or other .requests for a contrib,ution a~ is part of the cost cf fund raising regardless of the nature of the material. Section 2. That the Cod- of the City of Delray Beach, Florida, as amended, be further amended by amending the following section of Chapter 18 "Peddlers and Solicitors" to read as follows: 264I Sec. 18-32. Application for permission to solicit -- Required. Any person, firm or corporation desiring to solicit funds in any manner whatsoever for charitable purposes, as herein defined, in the City of Delray Beach shall file an application, in duplicate, on a form approved by the City Council on the RV~h day of ~em~e~ , ~96~ . Said application must be filed with the City Clerk at least six weeks prior to'the commencement of.~the requested period for soliciting, but not more than six months prior to said period. Section 3. That the Code of the City .of Delray Beach, Florida, as amended, be further amended by amending the following section of Chapter 18 "Peddlers and Solicitors" to read as follows: Sec. 18-33. Same -- Consideration by council; duration. The City Council shall, upon consideration of said appli- cation, in its sound and sole judgment, either grant or deny the issuance of a permit for the solicitation of funds for charitable purposes in the city. Said pez~it shall be effec- tive for a period to be set by the City Council, but shall not exceed a period of two weeks of door-to-door solicitation. Solicitations shall not be made on ~nanks~ivin~ or Christmas. No more than one such drive may be conducted during any approved period. Any organization which exceeds the above two week 'period or overlaps another drive without the permission of the City Council shall be denied a permit for the ne>~t year's drive in addition to any penalty prescribed in Section 18-45. Section 4. That the Code of the City of Delray Beach, Florida, ~s amended, be further amended by amending the following section of ~hapter 18 "Peddlers and Solicitors" to read as follows: Sec. 18-35. Same -- information to be public and published. The information contained in said application for permit to solicit funds for charitable purposes shall be avsilable t~ the public. The information contained therein shall be published in a newspaper designated by the City Council, of general cir- culation in the City, at least two weeks and not more than three weeks before any solicitation of funds shall begin, with the fee for such publication to be borne by.the applicant. The form of the information published shall be approved in advance by the ¥ city Council or the Committee designated by the City Council for this purpose. The published information shall include a pictorial representation (i.e.a. piegraph) which shows how each dollar collected the previous year was distributed. The expenses shown in this advertisement shall include a pro rata apportion- ment of all expenses such as local, area, regional, state and ~ational, and the advertisement shall be not less than four columns wide and ten inches in length. ~ny organization with expenses of ten per cent or less shall be exempt from Dublis~in~ an ad. Section 5. That the Code of the City of Delray Beach, Florida, as amended, be further amended Dy amending the roll. owing section of Chapter 18 "Peddlers and Solicitors" to read as follows: -2- Ord. No. 4-74. 264J Sec. 18-38. E×empi:ions. (a) Any established church, which solicits funds solely from its ovzn members or from its 6~ congregation; and Section 6. That the Code of Delray Beach, Florida, as amended, be further amended by nmending the following section of Chapter 18 "Peddlers and Solicitors" to read as follows: Sec. 18-41. Allocation of funds; effect upon issuance of permits. It is ~ee~men~e~ required by the City Council of the City of Delray Beach~ Florida, that at least fifty per cent of the money collected in the previous year's drive should have gone for the purpose of the drive, such as research and patient services in the case of health ~gencies and not more than fifty per cent should have gone for fund r~ising, administration, public information ~nd reserve funds. In granting a permit to solicit under the provisions herein, the City Council will re- fuse a request for permit where said expenses exceed -_=~f~y thirty-five ~er cent. In the event the expenses are less than ~wen%y-~ftYe twenty per cent, the City Council may endorse said permit. In cases where the expenses are greater than twenty per cent, but less than .-f~ey thirty-five per cent, the City Council will grant said permit without endorsement. Section 7. That the Code of the City of Delray Beach, Florida, as amended, be further amended by adding the fo!lowin9 section to Chao!~er ]8 "Peddlers an~ So]._icitors" to read .--s follows: Sec. 18-44.1. Unlawful to solicit in ktreets. It shall be unlawful for any person to interfere with, stop traffic or use any public street, road or highway in the city for the purpose of making any solicitations. Sectien 8. That any person who violates the provisions of SECTIONS 1 through 6 above shall, upon conviction, be punished as pro- vided in Section 1-6 of the Code of Ordinances of the City of Delray Beach. Section 9. That all ordinances or parts of ordinances in con- flict herewith be and the same are hereby repealed. Section 10. That should any section or provision of this ordi- nance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such deci- sion shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AN~D ADOPTED in regular session on the second and final reading on the 25th __day of February , 197~. /S/ Hal].ie E. Worthing City Clerk First Reading ~hS~ O o ~,%~ Second Reading. February "3-- QT'd '"o , l , , '-' , 264K Page 1. Attachment to Ordinance No. 4-74. Form Approved by City Council ,19 City Code, Chapter 18 APPLICATION FOR PERMIT TO SOLICIT IN T~ CITY OF DELPJAY BEAC~,..FLQRIDA Name of Organization Address Telephone No. Incorporated: Yes: No: Date of Incorporation Names of Officers and Directors Purpose of Organization Name of Local Paid Executive: KII{O OF ACTIVI~f: (General Solicitation, Ball, Motion Picture, etc.) Specific Purpose of Solicitation Name and Address of Local Chairman or Person Directing Solicitation Goal Dates of Solicitation Methods of Solicitation Paid Promoters or Solicitors Percentage Agreemenn Estimated Administrative Cost of Items Underwritten Fund Raising in Delray Beach Estimated Percentage of Proceeds to be expended in De].ray Beach 264L Page 2. Attachment to Ordinance. No. 4-74. LATEST SOLICITATION IN T~ CI'IW OF DELRAY BEACII: Total Amount collected in 19 Total Expenses in 19 Remitted to National or State in 19 Amount of Proceeds Expended in Palm Beach County in 19 To this form must be attached: Copy of Charter Copy of By-Laws Statement of income and expenditures for previous year for local, regional and national organization. The organization hereby agrees that prior to accepting solicitors for this drive that it will inform any such solicitors the nature and purpose of the drive and sh~ll specifically inform them of how the percentage dollar amount collected the previous year was expended. The organization further agrees to acquaint said solicitors with all the rules and regulations provided in Article III, Chapter 18, Code of Ordinances of this City, and agrees that any violations thereof will s%']bject the organization to punishment as provided therein, including the revocation of the right to solicit in this City for a period of one year. This application shall be sworn to by the applicant and shall be accompanied by a consent of the charitable organization involved con- senting to the solicitation of funds on behalf of said charitable organization. Name of Applicant Title: Sworn to and subscribed before me this day of · 19 ~ . Notary Public Ste. te of F}or~da City Council: .n_pl~r ore d: D' ~ · ~ e.~. ]_ o a pD ~- OV 264M Page 3. Attachment to Ordinance ~30. 4-7~. IDEi,~'f' I F I C3'~T i ~ CAP. D In compliance with Ordina:~ce No. 42-73. CITY OF DELVeAY BEAC[t, FLOR/DA By law this card must be re.nd or presented to all prospective donors. NOT AN EN~DORSEMENT FOR INFOF~CATION ONLY Palm Bench County Chapter o~ Will conduct its annual appe'al. From to Distribution of $ Income Last Year Fund Raising, Administration and Public Information $. Research $, Pa'tient Service $. __% Public Health Information $. Reserve Fund $. % Transmitted to National, State or Area $ __% Total Distribution $_ Each Dollar contributed to last year was spent as sho%.rn below. Fund Raising, Administration Public Information Research Patient % Service Note: Compliance with other applicable laws is not waived Dy *he issuance of a permit to solicit. To be used only by the solicitor whose signature appears below. Comb'.re with your receipt. Signatures: Delray Beach Chairman Solicitor Date effective: Expires: For further information, phone So!ic:[tation Committee. No. 27~-0424 264N P,t,~OI Ui' _~', NO. 5-74. A RESOLUTION OF Tile CITY COUNCIL OF TIlE CITY OF DELRAY BEACI!, F]..CRIDA~ ADOPTING THE RECO?.g,iENDATIO~fS CONTAINED iN THE "PAGE COMMUNICATION PLAN". WHERE~S the Division of Communications of the State Depart- merit of General Services }las, pursuant to t, le._ic]a Statutes Section 287 29 caused to be '~ .... " . , prep .........~ the "Page Co~m.n~ication Plan" which would, if imp!e .... nten, compiekely reorganize the present system of law enforcement cormmunications utilizes by all iaunicipaiities in Palm Beach County; and WHEREAS, the s~id ~ ~n would estst~!ish ~,-~ ,¥' eg~onal communi cations centers to serve a].l of ~dtm Beach C.mnty; and WI!EREAS, the plan calls for the City of Delray Beach to be served by a communicaticns center to be located outside the corpo- rate limits of the City; and ?~tEREAS, it is the judgment of the Delray Beach City Council that such a~.~Dlan is necessary due to ~~..~'~ .... ~e~ area population and lack of radio channels to serve all agencies: NOW~ THER~!~ORE, BE iT RESOLVED }~Y ThE CITY ~O~CI~ OF THE CITY OF DNLRAY ~EACH: Sec%ion 1. That the City of Delray Be~ch hereby expresses its conse'qt to 'the implement:!tion of t'he presently proposed ':Page Commu- nication Plan" in Palm Beach County. Section 2. That a copy of this resolution be furnished, the Division of Communicatiens of the Department of General Services of the State of Florida, the Governor, the Flerida Leagu. e of Cities, the Palm Beach County Hunicipal League, the State Department of Law Enforcement, and all members of the Palm Beach County Legislative Delegation. PASSED AND ADOPTED by the City of Delray Beach, State of Florikla, this 13th day of November, 1973. - ATTEST: City Clerk {,.i 2640 ORDINANCE NO. 6-74. AN ORDINANCE OF THE CITY OF DELRAY BEACH', FLORIDA, REZONING AND PLACING PRESENTLY ZONED LI LIGHT ILrDUSTRIAL LANDS IN AN AREA BOUNDED ON THE NORTH BY THE LAKE WORTH DRAINAGE DISTRICT CANAL LATERAL 32, ON THE EAST BY THE 1-95 RIGHT-OF.-WAY, ON THE WEST BY CONGRESS AVENUE AND ON THE. SOUTH BY THE SOUTH LINE OF THE W~ OF NEb OF SE¼ OF SECTION 18-46-43, ALL LYING WITHIN SECTION 18', TOWN- SHIP 46 SOUTH, RANGE 43 EAST, IN "MI MEDIUM INDUSTRIAL DISTRICT", AND AMENDING THE "ZONING MAP OF THE CITY OF DELR3AY BEACH, FLORIDA, 1972". WHEREAS, the Planning and Zoning Board has recommended; and, WHEREAS, the City Administration concurs in such recom- mendation; and, WHEREAS, the City Council of the City of Delray Beach deems it to be in the best interest of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY. COUNCIL OF THE CITY OF DELP~AY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the "MI Medium Industrial District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: DESCRIPTION OF PROPERTY Section 18, Township 46 South, Range 43 East. Parcel of land 200 feet wide by 2000 feet m/1 in length East of and adjoining SAL RR R/W in E~ of NE~ (DB 342 P34 and DB 295 P. 140 ) That part of NE¼ of NE¼ of NE¼ which lies East of SAL R/%~ ].ess South 75 feet of East 125 feet thereof and less 1-95 R/W. E~ of SE~ of NE¼ of NE¼ less West 66 feet and less 1-95 R/W. E~ of NE~ of SE¼ of NE¼ less West 66 feet and less 1-95 R~. North 260 feet of South 660 feet of East 264 feet of SE¼ of NE¼ less 1-95 R/W. South 433 feet of East 273.5 feet of SE~ of NEB less State Road R/W and 1-95 R/W.. That part of SE~ of SE~ of NE¼ lying West of West R/W line of SAL RR and that part of W~ of NEb of NE~ of SE~ lying West of West R/W line of SAL RR and North of r%ock Road less West 20 feet R~q and less State Road R~. 264P DESCRIPTION 0]? PI~OPEIUPT .(Continued) SE% of SW% of SE~:{ of NE~ less North 153.5 leek of East 100 feet theroof and less East 20 feet of South 185.5 feet R/W and less State Road R/W. Eas'a i00 feet of North i00 feet of South 285.5 feet of SW% of SE¼ of NE% less East 20 feet R/W. East 100 feet of. SE% of SW% of SE% of NE% ].ess South 285.5 feet and less East 20 feet. ' NE% of SW% of SE% of NE% less East 20 feet and North 15 feet R/%,~. West 65 feet of East 400 feet of North 105 feet of South 425 feet of N% of SE% of NE% lying West of SAL R/W. North 100 feet of South 320 feet of West 65 feet of East 400 feet of N% of SE% of I~E% lying West of SAL R/W and North 200 feet of South 220 feet of Uest 65 feet of East 400 feet of N% of SE% of NE¼ lying West of SAL R/W. Southerly 164 feet of Easterly 275 feet of N% of SE¼ of NE% lying West of and adjacent to SAL R/W less South 15 feet of West 174.6 feet for R/W and Easterly 275 feet of North 156 feet of South 320 feet of N½ of SE~$ of NE}j lying West of SAL R/W. Easterly 275 feet of North 100 feet of South 420 feet of N% of SE¼ of NE%'lying West of SAL R/W and Easterly 275.03 feet of North 310 feet of South 325 feet of S% of NE% of NE% lying West of SAI, Easterly 275 feet of Northerly 273.6 feet of Southerly 693.6 feet of N3/4 of NE% lying West of SAL R/W. Easterly 275 feet of North 63.14 feet of South 388.14 feet of S% of NE~ of NE¼ lying West of SAL R~g. Easterly 275 feet of Northerly 128.24 feet of Southerly 516.38 feet of S~ of NE¼ of NE}$ lying West of SAL R/W. Southerly 100 feet of Northerly 1400 feet of NE¼ lying between Congress Avenue and West R/W line of SAL RR ]_ess Easterly 300 feet. West 100 feet of East 120 feet of W5'/8 of N~ of S¼ of NE¼. All that part South 100 feet of West 500 feet of East 620 feet of W5/8 of N% of SLj of NE¼ lying East of Congress Avenue. North 155 feet of West 500 feet of East 620 feet of W5/8 of N% of S¼ of NE}~ lying East of Congress Avenue. North 85 feet of South 185 feet of West 500 feet of East 620 feet of W5/8 of N'~ of S~ of ~lZ}~ lying East of Congress Avenue. Southerly 525 feet of Northerly 1300 feet of NE~ lying between Congress Avenue and the Westerly R/W line of the SAL RR, less Easter]_y 300 feet. . -2- Ord. No. 6-74 264Q D]~,,C~IPI TO"'~ OF PROI?I~;D.'.['¥ (Continued) That part of the Northerly 1400 feet of NE~.{ lying between Con- gress Avenue and Westerly R~.~'~{ line of SAL F,R less the Easterly 300 feet of Southerly 625 feet, and less Southerly 100 feet of Northerly 180 feet of Westerly 259.43 feet of Easterly 559.43 feet. · . ' That part of W~ of NE-~.~ of NE% of SE% lying East of SAL RR R/W less R~q for State Road 806 and less 1-95 R~q. That part of W% of -:-.~4 of NE~ of SE~ lying West of SAL RR R/W; East 70 feet of E% of LK.'~ of NE% of SE~ lying South of Atlantic Avenue; W% of SE~ of NE% of SE¼ lying West of SAL RR R/W and East 70 feet of SW-~ of NE% of SE% less R/W for State Road 806. E~ of NW% of NE~4 of SE~ lying South of State Road 806 less East 70 feet. East 25 feet of W~ of W% of IqE% of SE~q lying Southeasterly of R/W of State Road 806 less South 370.53 feet m/1 thereof and E% of SW% of NE¼ of SE¼ less East 70 feet and South 364.50 feet m/1 thereof. South 370.53 feet m/1 of East 25 feet of W% of W% of NE¼ of SE~. and South 364.50 feet m/1 of E% of SW¼ of NE¼ of SE¼ less East 70 feet. That part 6f the W½ of W% of NE% of SE% lying South of State Road 806 less East 25 feet and West 25 feet R/W and less South 525 ~eet. North' 100 feet of South 525 feet of W~ of W½ of NE¼ of SE% less East 25 feet and less West 25 feet R~ less R/W for Congress Avenue. South 101 feet of W% of NE¼ of SE¼ less East 25 feet and West 25 feet less R/q4 for Congress Avenue. North 324 feet of South 425 feet of W% of NE% of SE% less East 25 feet and West 25 feet R~. SECTION 2. That the Planning Director of said 'City shall upon the effective date of this Ordinance change 'the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED AND ADOPTED in regular session on the second and final reading on this the 25th day of February , 1974. ATTEST: /S/ Hallie E. Worthinq City Clerk First Reading Second Reading Feb. 25, ].974 Ord. No. 6-74 ~,-~ ~ ii i~ i ,