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03-25-74 273 5~ARCH 25, 197..4. 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, March 25, 1974, with Mayor James H. Scheifley 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. David Travis of Unity of Delray Church. 2. The Pledge of Allegiance to the Flag' of the United States of America was given. 3. The minutes of the regular Council meeting of March 11, 1974, were unanimously approved on motion by Mrs. Krivos and seconded by Mr. We eke s. 5.a. Mr. Bernard Werther, President and Owner of Delray Beach Taxi, spoke from'the floor asking the necessary procedure to establish a shuttle service that would run from west to east through the shopping centers to the beach. Mr. Werther was asked to contact the City Manager doncerning his request. Mr. Werther then complained about unlicensed cabs operating in Delray Beach and stated the Police Department had been informed, but had done nothing. He also complained about city em- ployees driving persons to the airport. Mayor Scheifley stated Mr. Werther should contact either the City Manager or the Police Chief concernin~ l-~is ' [ 5.b. Mr. Robert Kinkead, 602 N.W. ].st Avenue, Delray Beach, asked to speak on Item 9.d. at the time it is considered. Mayor Scheifley acknowledged his request. 5.c. Mr. Bill Plum, 113 N.E. 4th Avenue, Delray Beach, submitted to the City Council some petitions supporting the Council in their efforts to purchase ].and for additional parking on the beach. Mr. Plum stated the recent adverse publicity directed toward the City Council in its attempt to solve the problem is not indicative of the opinion of the citizens of Delray Beach. Council acknowledged receipt of the petitions and thanked Mr. Plum. 5.d. Mr. Irwin W. Kresser, 234 N.E. 17th Street, Delray Beach, spoke from the floor questioning progress on an ordinance on trash collection. The City Manager replied that an ordinance is not being prepared at the present time. He stated a study would have to be conducted to determine what changes are desired to be made concerning trash collection. 6.a. The City Manager stated a serious drainage problem has existed for quite some time in the High Point area and the Sudan Subdivision · area, including Davis Road to the east of High Point. Following considerable study, it is recommended that Council authorize City participation in the amount of approximately $15,000 for the replacement of 6 foot culverts with 15 foot culverts at two locations on Davis Road, one at the Lateral No.. 32 Canal and the other at the Lateral No. 33 Canal. This would be a joint City-County project with the County paying $15,000 and performing the work. Installation of these drainage facilities is designed to alleviate, not entirely correct, the drainage problems in 274 High Point and surrounding areas. The City's share of the cost would be taken from the Drainage Bond Issue. It was pointed out by Council that the additional population has rendered the present drainage facilities inadequate. Mr. Saunders moved to approve the City's par- ticipation with the county in this project as outlined, seconded by Mr. Randolph. Mr. Cornelius VanEs, 452C ttigh Point Drive, Delray Beach, spoke of the result of heavy rainfalls in the area. The motion passed unanimously. 6.b. City Manager. Mariott reported Council had requested County Commission to accept Congress Avenue between S.W. 10th Street and Atlantic Avenue as a CounLy Road. The County Commission is agreeable to this, and it is recommended that Council authorize the execution of a City deed to the described property in favor of the County. Mr. Weekes moved the City Administration be authorized to execute such a deed, seconded by Mr. Randolph, said motion passing unanimously. 6.c. The city Manager st~ted the following bids were received to sell the City one 1974 truck cab and chassis: BIDDER BID Rich Motors, Inc. $9,508.20 Earl Wallace. Ford, Inc. 9,986.03 It is recommended that the bid be awarded to the low bidder, Rich Motors, Inc., in the amount of $9,508.20 with the money to be taken from budgeted funds in the Parks and Recreation Department. The International truck will be a multi-use vehicle. Mr. Saunders mo%~ed the bid be awarded to the low b.~dder, Rich Motors, Inc., in the amount of $9,508.20, seconded by Mr. Randolph, said motion passing unanimously. 6.d. City Manager Mariott presented a list of parcels of land in violation of the City's nuisance laws. It is recommended that Council authorize the City Clerk to take action in compliance with Chapter 15 of the City Code, as applicable, to abate the violations. Mrs. Krivos so moved, seconded by Mr. Saunders, said motion passing unanimously. 7.a. The City Manager stated a communication has been received from Delray Beach National Little League requesting permission to solicit funds on April 13, 1974. Approval of this request is recommended by the City's Solicitation Committee. Mrs. Krivos moved the Delray Beach National Little League be given permission to solicit funds on April 13, 1974, seconded by Mr. Saunders, said motion passing unanimously. 7.b. The City Manager reported a request has recently been made by Sandra Werther, the new owner of Delray Beach Taxi, for a Certificate of Public Convenience to add three new taxicabs to the existing fleet that is now licensed to operate. The City Manager stated some confu- sion exists in that the license to operate, had been transferred to Sandra Werther who stated in her application she wo~ld be the owner of the company. ~!ro Werther was asked to clarify thee situation. It wa~ established there ~s no relationshi~ ~etween the proposed shuttle service and the Public Hearing scheduled for this meeting. 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. -2- ~ - - 3-25~74. 275 Mr. Edgar W. Jones, 240 N.W. 9th Avenue.. Delray Beach, spoke against the addition of taxicabs in Delray Beach, stating he felt they were not needed. It was pointed out by Council the other owners of taxicabs did not appear to speak on the issue. Mr. Charles Bent, Delray Beach, spoke stating the request under consideration is not for a new company, but simply the addition of three cabs. There being no further objections, the Public Hearing was closed. The City Manager recommended, for three reasons, that action on this request be deferred until the next meeting. One has to do with the uncertainty as to the applicant since the investigation conducted by the City concerned Sandra Werther; secondly, Mr. Werther made alle- gations with respect to CitY employees and with regard to the Police Depar.tment; and third, some of the other taxicab operators might have objections to this request. Council agreed with the City Manager's recommendation to table the matter until the next meeting. Mrs. Krivos so moved, seconded by Mr. Saunders, said motion passing unanimously. 7.c. The City Manager reported a petition has been received by the City for annexation of 36.04 acres, subject to R-lA zoning (Single Family Dwelling), being all of that portion of the West half of the Southwest quarter of Section 7, Township 46 South, Range 43 East, lying North of the northerly right-of-way of Lake Ida Road as shown on Plat of Delray Shores, 1st Addition, north side of Lake Ida Road in the area between Congress Avenue and Military Trail. It is recommended the request be referred tc the Planning and Zoning Board for study and recommendation. Mr. Saunders so moved, seconded by Mrs. Kriv©s, s~aid motion passing unanimously. 7.d. City Manager Mariott stated a request has been received ~for rezoning of 1.65 acres of land in the East half of the Southeast quarter of the Northeast quarter, lying east of the right-of-way of State Road 9 (proposed) in Section 19-46-43, less the South 790 feet and less the East 25 feet thereof also less that portion thereof condemned by the Department of Transportation for the right-of-way of 1-95, west sidle of S.W. 17th Avenue between S.W. 7th Street and S.W. Sth Street. The present zoning is RM-15 (Multiple Family Dwelling) and the applican~ is requesting LI (Light Industrial) zoning. It is recommended that the request be referred to the Planning and Zoning Board for study and recommendation. Mr. Randolph so moved, seconded by Mr. Saunders, said motion passing unanimously. 8.a. The City Manager presented Resolution No. 15-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE RECORDING WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, OF ALL UNPAID SPECIAL ASSESSMENTS LEVIED AGAINST REAL PROPERTY IN THE PAVING OF S.W. 7TH AVEN-JE Ai~D ON WHICH ~iE CITY HOLDS A LIEN FOR SAID SPECIAL ASSESSMENT. (Copy of Resolution Nc. 15-74 is attached to the official copy of these minutes.) -3- 3-25-74. 276 The City Manager recommended the adoption of Resolution No. 15-74 which is following recent policy established by Council with respect to recording all special assessments with the County. Mrs. Krivos moved for the passage of Resolution No. i5-74, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos' - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheiflay - Yes. 8.b. The City Manager presented~Ordinance No. 9-74. AN ORDINANCE OF TPiE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION 26-1 "RATES CHARGED PASSENGERS -- GENERALLY" OF CHAPTER 26 "VEHICLES FOR HIRE" OF THE CCDE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS A~,~EANDED BY INCREASING THE RATES; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 9-74 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. Mr. Weekes moved for the adoption of Ordinance No. 9-74 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; ~!r. Weekes -Yes~ Mayor ~cheifiey- Yes. 8.c. The City Manager presented Ordinance No. 10-74. AN ORDINANCE OF T~qE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A~ND PLACING LOTS 1, 2, 3 AND LOTS 7 THROUGH 18 INCLUSIVE, HALLER & GROOTMAN'S SUBDIVISION, IN "SC SPECiALIZED COb~4ERCiAL DISTRICT", AND A~iNDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy Of Ordinance No. 10-74 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. Mr. Michael Botos, Attorney for Joe Rose Motors, spoke in favor of rezoning the property under consideration. There being no objections, the Pub'lic Hearing was closed. Mrs. Krivos moved for the adop~[~ion of Ordinance No. 10-74 on second and final reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos- Yes; Mr. Randolph- Yes; Mr. Saund~.rs - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. -4- 3-25-74. 277 8.d. The City Manager presented Ordinance No. 11-74. AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF DELRAY BEACH, FLORIDA, REZONiNG AND PLACI~TG SOUTH 43 FEET OF LOT 115 D~-D %~iE NORTH 67 FEET OF LOT 116, PLUMOSA PARK, SECTION A, IN "RM-10 MULTIPLE FAMILY RESIDENTIAL DISTRICT", AND A/vLENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 11-74 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. Mr. Saunders moved for the adoption of Ordinan'ce No. 11-74 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.e. The City Manager presented Ordinance No. 12-74. AN ORDISIANCE OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING INTO LAW AN AMENDED PENSION PLAN FOR POLICE OFFICERS, AND VOLUNTEER AND REGULAR FULL-TIME FIRE- MEN; PROVIDING FOR AN ORDERLY TRANSFER OF FUNDS TO THE NEW FUND; PROVIDING FOR THE ELECTION OF NEW TRUSTEES; PRESERVING ALL ACCRUED BENEFITS TO DATE FOR THE POLICE OFFICERS, AA~ VOL~TEER AnD REGULAR FULL-TIME FIREM/EN; PROVIDING A SAVING CLAUSE; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. City Manager Mariott stated this modification has been under considerable discussion for some time. Mrs. Krivos moved for the passage of Ordinance No. 12-74 on first reading, 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.f. The City Manager presented Ordinance No. 13-74. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING INTO LAW AN AMENDED PENSION PLAN FOR THE GENERAL EMPLOYEES OF THE CITY; PROVIDING FOR AN INCREASE IN BENEFITS; ADDITIONAL EMPLOYEE CONTRI- BUTION; PRESERVING ALL ACCRUED BENEFITS; PROVIDING A SAVING CLAUSE; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING AN EFFECTIVE DATE. The City Manager stated this plan has also been under discussion for some time. Mrs. Krivos moved for the passage of Ordinance No~ 13-74 on first reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Randolph -Yes; Mr. Saunders- Yes; Mr. Weekes- Yes; Mayor Scheifley- Yes. Mayor Scheifley stated the pension plans have been very inade- quate and the modification of the plans Would place the City in a competitive position and would be of benefit to all employees. -5- 3-25-74. 278 9.a. The City Manager stated this item and the following "report" items had been acted upon recently by the Planning and Zoning Board and in each instance where the Planning and Zoning Board recommended approval, an Ordinance was drafted and may be considered at this meeting. The City Manager presented Ordinance No. 17-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH~ FLORIDA, REZONING AND PLACING LA~ PRESENTLY ZONED SC SPECIALIZED CO~Lu~F. RCLAL DISTRICT IN "C-1 I,I~IITED CO~4~ERCIAL DISTRICT", BEING LOTS 15, 16 ~D 17, BLOCK 113, AND LOTS 1 THROUGH 10, BLOCK 114, AND LOTS 1 THROUGH 10, BLOCK 115, DELRAY BEACH, FLORIDA; AND A~AIDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". City Manager Mariott stated the Planning and Zoning Board at a meeting held on March 19th recommended by unanimous vote that Lots 15, 16 and 17, Block 113, Lots 1 through !0, Block 114, and Lots 1 through 10, Block 115, be rezoned from SC (Specialized Commercial) to C-1 (Limited Commercial) zoning district. A sketch was sho%sa depicting the location of the property in question. Mr. Weekes suggested passing these Ordinances on first reading and considering them at a workshop meeting prior to second reading and Public Hearing. Mr. Saunders moved for the passage of Ordinance No. 17-74 on first reading, seconded by Mr. Weekes with the understanding that the Ordinance will be discussed at a Council workshop meeting prior to consideration of the Ordinance on second and final reading. Mr. Saunders accepted the amendment to his motion. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph- ?~-es; ~r. Saunders -Yes; ~r. Weekes -Yes; ~iayor Scheifley - Yes. 9.b. The City Manager presented Ordinance No. 18-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING ~ND PLACING LAND PRESENTLY ZOI~ED C-1 LIMITED CO~.~4ERCIAL DISTRICT IN "SC SPECIALIZED COM~ERCIAL DISTRICT", BEING LOTS 1 THROUGH 11, LOTS 34 THROUGH 39, AND LOTS 62, 63 AND 64, AND THAT PART OF ABAA~DONED N.E. 7TH COURT, LYING BETWEEN N.E. 5TH AVENUE AND N.E. 6TH AVENUE, MCGINLEY AND GOSMAN'S SUBDIVISION; LOTS 8 THROUGH 31, HOFFMAN ADDITION; LOTS 4, 5 AND 6, HALLER AND GROOTMAN'S SUBDIVISION; AND LOTS 1 AND 2, BLOCK 105, HIGHLAND PARK SUBDIVISION, DELRA¥ BEACH, FLORIDA; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". The City Manager stated the Planning and Zoning Board recommended by a vote of 4 to 1 that Council rezone from C-1 (Limited Commercial) District to SC (Specialized Commercial) District, Lots 1 through 11, Lots 34 through 39, and Lots 62, 63 and 64, McGinley and Gosman's Subdivision and that ~art of abandoned NoE. 7th Court, lying between N.E..5th Avenue and N.E. 6th Avenue; Lots 8 [hrough 31, Hoff- man Addition; Lots 4, 5 and 6, Haller and Grootman's Subdivision; and Lots I and 2, Block 105, Highland Park Subdivision. A sketch was shown depicting the location of the property. Mr. Weekes moved for the passage of Ordinance No. 18-74 on first reading with the understanding -6- 3-25-74. 279 that the Ordinance will be discussed at a Council workshop meeting prior to consideration of the Ordinance 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. 9.c. The City Malinger presented Ordinance No. 19-74. AN ORDINANCE OF T~IE CITY COD~NCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AA~D PLACING PRE- SENTLY ZONED R-1AA SINGLE FA~4ILY DWELLING DISTRICT LAAIDS IN "C-1 LIMITED COM~ERCIAL DISTRICT", BEING THE SOUTH 200 FEET OF THE NORTH 327 FEET OF LOT 38, SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING BE~EEN THE WEST RIGHT-OF-WAY LI~E OF U.S. HIGH~Z~Y NO. 1 AND THE EAST RIGHT-OF-WAY LINE OF OLD DIXIE HIGhUgAY; AND REZONING AND PLACING PRE- SENTLY ZONED RM-15 MULTIPLE Fk~IILY D~,%qELLING DISTRICT LANDS IN "C-1 LIMITED COmmERCIAL DISTRICT", BEING BLOCK 1, SOPHIA FREY SUBDIVISION, AND THAT PORTION OF LOT 4, SECTION 9, TOWNSHIP 46 SOUTH, RA~NGE 43 EAST, LYING BE~fEEN THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 AND THE EAST RIGHT-OF-WhY LINE OF OLD DIXIE HIGA~WAY, DELRAY BEACH, FLORIDA; AND AMENDING THE "ZONING MAP OF THE CITY OF DELRAY BEACH, FLORIDA, 1972". The City Manager stated the Planning and Zoning Board recom- mended by unanimous vote at a meeting held on March 19th that Council rezone from R-1AA (Single Family Dwelling) District to C-1 (Limited Commercial) District-, the south 200 feet of north 327 feet of Lot 3~, Section 9-46-.43 lying between the west right-of-way line of U.S. High- way No. 7 and the east right-of-way line of Old Dixie Highway, located at 1900 North Federal Highway; and rezone from RM-15 (Multiple Family Dwelling) District to C-1 (Limited Commercial) District, Block 1, Sophia Frey Subdivision and that portion of Lot 4, Section 9-46-43 lying between the west right-of-way line of U.S. Highway No. ! and the east right-of-way line of Old Dixie Highway, located north of N.E. 8th Street between North Federal and Old Dixie Highways. A sketch was shown depicting the property. Mr. Saunders moved for the passage of Ordinance No. 19-74 on first reading, with the understanding that the Ordinance will' be discussed at a Council workshop meeting prior to con- sideration of the Ordinance 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. 9.d. The City Manager stated the Planning and Zoning Board at a meeting held on March 19th recommended by unanimous vote that the petition of Mr. Henry Howley (owner) for rezoning 4.65 acres in Section 18-46-43, west side of Congress Avenue between Lake Ida Road and Atlan- tic Avenue from RM-15 (Multiple Family Dwelling) District to SC (Specialized Commercial) District be denied because of the following: 1 - Requested for speculation cn the real estate market; 2 - There is an over-abundance of commercial zoning; 3 - This would be spot zoning; and 4 - It is in violation of the Future Land Use Plan. Council should either sustain the recommendation of the Planning and Zoning Board Or refer the matter to a future workshop meeting. Mr. Robert Kinkead spoke as the petitioner and asked that the matter be further considered in a workshop meeting. Mr. Saunders moved the request be discussed at a workshop meeting, seconded by Mr. Randolph, said motion passing unanimous ly. -7- 3-25-74. 250 9.e. The City Manager stated the Planning and Zoning Board at a meeting held on March !9th recommended by unanimous vote that a request for a 7.34 acre parcel of land, West half of Lot 22 less 1-95 right-of-way, Section 20-46-43, south of S.W. 10th Street between the 1-95 right-of- way and Tangelo Terrace, to be annexed subject to MI (Medium Industrial) District ~be denied since the Planning and Zoning Board had made a previous recommendation to Council that the Future Land Use Plan be amended to show LI (Light Industrial) District for this area. Council should either sustain the recommendation of the Planning and Zoning Board or refer the request to a future workshop meeting. A sketch was shown depicting the property. It was suggested that the applicant reapply for annexation asking for LI (Light Industrial) District zoning. - Mr. Saunders moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Randolph, said motion passing unanimously. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Weekes, seconded by Mr. Saunders. General Fund ............... $269,711.84 Water and Sewer Fund .......... 215,955.89 Cigarette Tax Fund ............ 37,725.00 Utility Tax Fund ............. 19,850.00 Refundable Deposits Fund ......... 20,000.00 Cemetery Perpetual Care Fund ....... 5,000.00 Beach Restoration Fund .......... 15,132.00 Federal Revenue Sharing Fund ....... 2,295.00 10.b.1. The City Manager presented Resolution No. 16-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELP~%Y ~E~C~, FLORiDA, CO~¥IITTiNG TH__E CITY TO PURCHASE 1AND ON THE BEACH IN ACCORDA~NCE WITH THE TERMS OF THIS RESOLUTION. (Copy of Resolution No. 16-74 is attached to the official copy of these minutes.) The City Manager explained that previous to this meeting, the County Commission had agreed to purchase property on the beach for parking purposes in the amount of $546,000 (Gwynn-Kucera property being the South i' of Lot 30, all of Lot 31 and the North i00' of Lot 32, Ocean Beach Lots South) if the City of Delray Beach would purchase additional beach property in an amount of approximately $450,000. This orig.inal proposal was not consummated by the City Council. The Reso- lution under consideration will commit the City to pay one-half of the ~ $546,000 purchase price of the Gwynn-Kucera property with the County paying the other half. Also contained in the Resolution is the proposed purchase of the Lohrman property located at the northwest corner of Ingraham Avenue and Highway A1A, being the South 59.4' of Lot 24, Ocean Beach Lots South; a final purchase price on this property has not yet been negotiated. However, it, too, is subject to the City paying one- half of the purchase price with the County paying the other half. Since the County Commission had originally agreed to pay the full $546,000 for the Gwynn-Kucera propcr~y and both cf the pr~_sent proposed purchases will be approximately $200,000 less than the original agreement by the County, Section 2 of this Resolution requests the County to hold in abeyance the $200,000 difference for possible future u~e for the pur- chase of additional beach property. The City Manager added Section 2 explicitly states acceptance of the purchase of the Gwynn-Kucera and 3-25-74. 281 Lohrman properties is not contingent upon approval by the County Commission to set aside the difference in money. Mayor Scheifley elaborated on the purposes of the Resolution, stating Section 2 is an additional benefit to the City if passed by the County Commission~ in that, if during the next year or two, the City should find available suitable property for parking purposes, the City is asking the County to commit the amount of the unspent funds in their original proposition toward future purchases. The City Manager made the following additional comments on the subject: "Mr. Mayor, there is one other aspect that should be mentioned. We know the price of the Kucera-Gwynn property and both the City and the County are agree- able to it. We have different figures with respect to the Lohrman property and chances are the purchase of that will come about also.' The County Commission, I think, would be agreeable to it. However, since that has not been negotiated to conclusion, I would suggest to you that if you adopt this Resolution to- night, that you contain in the motion adopting the Resolution the provision that should negotiations not lead to the purchase of the Lohrman property that the Kucera-Gwynn property be purchased on equal te~L~s with the County Commission. I am quite sure that would be agreeable to the County Commission because as two Commissioners expressed to us today, they agree on going 50-50 on the Kucera-Gwynn property and Lohrman properties both. But should something happen that the purchase of the Lohrman property does not materializer I am sure the County Commission would be just as happy to spend less money. In order to not further hold up the acquisition of properties, I would think you should have that in your motion so that we can drop out. the Lohrman property if need be." Following discussion, Mr. Weekes moved for the adoption of Resolution No. 16-74 subject to the recommendation of th% City Manager as quoted above, seconded by Mr. Saunders. Upon roll_call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. X. Dr. Frank Kucera, 2013 N.W. 4th Avenue, Delray Beach, presented additional petitions containing approximately 600 names in support of Council action in purchasing land for parking areas on the beach. He stated the response was overwhelmingly in favor of this action on both sides of the waterway and most of the civic and business leaders in Delray Beach were in complete agreement with planned purchases of pro- perty for this purpose. Mrs. Krivos asked that the petitions be circu- lated among Council members. The meeting was adjourned at 8:59 P.M. City. Clerk MAYOR ~' --9-- 3-25-74. 281A ORDINANCE NO. 9-74. AN ORDINAl'ICE OF Tt~ CITY COU~[CIL OF T~tE CITY OF DELRAY B.E~CH, FLORIDA, ~4EN-DING SUBSECTION 26-1 "RATES C~LARGED PASSENGERS -- GENERALLY" OF CHAP- TER 26 "VEHICLES FOR HIRE" OF ~IE CODE OF OPdDI- NANCES OF TI~E CITY OF DELF~AY BEACH, AS A~'~?.~DED BY INCREASING THE RATES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING ., A SAVING CLAUSE; PROVIDING A PE~[ALTY CLAUSE. NOW, THEREFORE, BE IT ORDAI~ED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEAC~H, FLORIDA, AS FOLLOWS: SECTION 1. That the Code of the City of Delray Beach, Florida, as amended, be further amended by amending subsection 26-1 of Chapter 26 "Vehicles for IIire" to read as follows: Se~. 26-1 Rates charged passengers -- Generally. Taxicabs or other motor vehicles transporting passengers for compensation within the city, except motor buses or other motor vehicles operated on regular schedule routes under or pursuant to certificates of public convenience and necessity, issued by the Public Service Commission of the State of Florida, shall charge not in excess of the following amounts for transportation ser~ices: (~) For carrying one (1) or two (2) passengers, the following amounts: First ha~ quarter mile or fraction thereof $0.80 Each additional ~.a~-~ one-seventh mile or fraction thereof ~ .10 (b) The charge per hour for waiting time shall not exceed 8~88 9.00 (c) For carrying each passenger over two (2) per trip 0.30 _ (d) Each passenger shall be allowed one (1) item of hand luggage without additional charge, but each item in excess of one (1) item per passenger may be charged for at the rate of twenty-five cents ($0.25) per item. SECTION 2. That any person who vi61ates the provisions of SECTION 1 above shall, upon conviction, be punished as provided in Section 1-6 .of the Code cf Ordinances of the City ~f Delray Beach. SECTION 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 281B SECTION 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid . , PASSED AND ADOPTED on second and final reading on the 25th day of March ,,,, 1974.  // MAYOR ATTEST: Uirst ~eauzng _EE~R 2 .~ ~'7 ~ Second Reading, March 25, 1974. Ord. No. 9-74. 281C ORDINANCE NO. 1.0-74. AN ORDINANCE OF T~tE CITY COUNCI]] OF THE CITY OF DELRAY BEACH, FLORIDA, RE. ZONING AND PLACING LOTS 1, 2, 3 ~krD LOTS 7 THROUGH 18 INCLUSIVE, ~LALLER & GROOT~MAN'S SUBDIVISION, IN "SC SPECIALIZED CO[~M~ER- CIAL DISTRICT", AND D~J4EI~DIb~G "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". BE IT ORDAINED BY TtIE CITY CO~JNCIL OF THE CIT~ OF DELRAY BEACH, FLORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in "SC Spe- cialized Commercial District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lots i, 2, 3 and Lots 7 through 18 inclu- sive, Haller& Grootman's Subdivision, per Plat Book 5, Page 4, of the Public Records of Palm Beach County, Florida. SECTION 2. That the Planning Director of said City shall upon the effective date of this Ordinance change the Zoning Map of De]ray 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 March ., 1974. ATTEST: City Clerk (~ February 25, 1974 First Reading. Second Reading March 25, 1974. 281D ORDINANCE NO. 11-74. AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND' .PI~ACING 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", A~ AMEk~ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY_ OF DELRAY BEACH, FLOR/DA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in "P~-10 Multiple Family Residential District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: The South 43 feet of Lot 115 and the North 67 feet of Lot 116, Plumosa Park, Section A, per Plat Book 23, Page 68, of the Public Records of Palm Beach County, Florida. SECTION 2. That the Planning Director of said City shall upon the effective date of this Ordinance change the Zoning ~'~ap of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED AL~ ADOPTED in regular session on the second and final reading on this the 25th~' day of March , 1974. ATTEST - Second Reading March 25, 1974. 281E RESOLUTION NO. 15-74. A RESOLUTION OF I~-E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AU~£-IORIZI~fG THE RECORDING WITH I~tE CLERK OF TttE CIRCUIT CO,i_~[T OF PALM BEACH COUNTY, FLORIDA, OF ALL Ui~PAID SPECIAL ASSESS~DSNTS LEVIED AGAINST REAL PROPERTY IN THE PAVING OF S.W. 7TH AVEI~UE A~_ND ON ~%qIICH THE CI~f HOLDS A LIEN FOR SAID SPECIAL ASSESS~ZENT. WHEREAS, there are special assessment liens due the City for the opening, grading and paving of that portion of S.W. 7th Avenue from S.W. 6th Street southward to meet the e.xisting pavement approxi- mately 300 feet south of S.W. 7th Street; and, WHEREAS, liens in favor of the City e~ist against the properties for the unpaid special assessments plus interest; and, WHEREAS, it is the 'desire of the ~ity Council that these unpaid special assessment liens be recorded with the Clerk of the Circuit Court of Palm Beach County, Florida, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, 1. That the following unpaid special assessment liens due the City of Delray Beach, Florida, for the opening, grading and paving of that portion of S.W. 7th Avenue from S.W. 6th Street southward to meet the existing pavement approximately 300 feet south of S.W. 7th Street be recorded with the Clerk of the Circuit Court of Palm Beach County, Florida. PROPERTY DESCRIPTION OWNER ASSESSmeNT Rosemont Park, Block 5 Lot 5 Ann B. Ward $366.63 Lot 6 Louis & Fannie Johnson " 366.63 Lot 7 Louis & Fannie Johnson 366.63 Lot 8 William & Janet Green 366.63 Rosemont Park, Block 7 Lot 14 John A. Kretsch Estate 366.63 Lot 15 Paul E. & Eleanor N. Gringle - Agreement 366.63 Deed: Natividad & Juanita Cantu Rosemont Park~'Block 8 Lot 19 Josie Beatrice Wilson 389.6.5 Lot 20 'Josie Beatrice Wilson ' 366.63 Lot 22 Romeo M. & Norma Prince Belfonte 366.63 Lot 23 Charles & Essie Mae Massingill 366.63 Lot 24 Charles & Essie Mae Massingill 389.74 PASSED AND ADOPTED in regular session on this the 25th day of March, 1974. City Clerk 281F RESOLUTION NO. 16-74. A RESOLUTION OF THE CITY COD-NCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CO~LXIITTi~[G TiiE CITY TC PUR~qASE LAND ON THE BEACH IN ACCORDA~NCE WITH THE TERMS OF THIS RESOLUTION. W}~REAS, the Palm Beach County Commission passed and adopted Resolution No. R-73-785 on December 11, 1973, co~mitting the County to purchase certain land on State Highway A1A to be used for parking and beach support purposes frcm Joseph W. and Ann P. Gwynn and Frank E. and Jane H. Kucera contingent upon the City of Delray Beach pur- chasing land costing not less than $450,000 to be used for beach support and parking facilities; and, WHEREAS, the City of Delray Beach is appreciative of the action taken by the County Commission in its passage of Resolution No. R-73-785; and, WHEREAS, the City of Delray Beach has had under consideraticn fOr purchase for a considerable period of time several parcels of lnnd oh the beach in connection with the City's commitment to the County Commission and pursuant to provisions of County Resolution No. R-73-785, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUlqC~L OF ~ CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City Council of the City of Delray Beach does, by'passage of this Resolution, commit the City to paying half of the purchase price of the G~ynn-Kucera property referred to in this Resolution and half of the purchase price of the Lohrman property located at the northwest corner of State Highway A1A and Ingraham Ave- nue provided the County pays the remainder of the purchase price of these two properties. Section 2. That the City Council respectfully requests the County Commission to reserve the differential between the total amount to be expendedby the County for the purchase of the GwTnn-Kucera property and the Lohrman property and the $546,000 previously committed by the County for the purchase of the G~fnn-Kucera property to be used in conjunction with City funds for purchase of other land provided such is agreed.upon in the future by both the City and the County Commission. It is expressly understood that Section 1 is not contingent upon approval by the County Commission of the City's request set forth in this Section 2. PASSED AL~D ADOPTED by the City of Delray Beach, State of Florida, on this 25th day of March,. 1974. ATTEST: ..... M' A ¥ O R City Clerk