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12-09-68 DECEMBER 9, 1968.. A regular meeting of the City Council of Delray Beach was held in th~ council Chambers at 8:00 P.M.,with Mayor J. L. Saunders in the Chair, City Manager David M. Gatchel, City Attorney John Ross Adams, and'Councilmen James H. Jurney, LeRoy W. Merritt, James B. Wilson and O. 'F. Youngblood being present. 1. An opening prayer was delivered by Dr. Warren J. Nubern. 2. The Pledge of Allegiance to the Flag of the United States of America was given. X. Mayor.Saunders introduced Counci~lmen Elect John L. Pitts, III, and James H. Scheifley. 3. The minutes of the. regular meeting of November 2$th and special meeting of December 6th, 1968, were unanimously approved, on motion b~ Mr. Jurney and seconded by Mr. Merritt. 4. City Clerk Worthingread a letter dated November 27, 1968, from Dr. Edward M. EisseY, Chairman of th~ Comprehensive Community Mental Health Center of Palm Beach County, Inc.., thanking the City of Delray Beach for the contribution made-to that'Center, 4. City C!erk Worthing:reai~ a'letter~ dated November 25, 1968, from Mr. Paul C. wolfe, a member 9f the Florida Public School Board, an Advie0ry'B0~rd ~to'~'the State Board o~ Edhcati0n~ concerni,g a public hearing th~ BOard.~ would~iho'Ld tn' We~t 'palm Beach. on TueSday, DeC~ber l'0th~, 1968,, at' the 'pa~ ~each "H~fgh~ SchoOl AUditorium 5. Mr. Merritt reported he had received several calls Concerning ex- CessiVe' noise by deliverytruckS from about 2~:00 to 4=30-~A',M. at the Publix Market= further, that he had talked at length with the City Manager cOncerning thiS"item, aS well as the smoke from the inciner- ator, and the operation in general in that area that has become a pub- lic nuisance. He asked if the City Manager had a report concerning same. - City Manager Gatchel said this i.~em is still under surveillance by two of the City Departments and as soon as he has sufficient informa- tion he will contact the Publix St0reManager and take the apprbpriate action. Further, this item wilI be considered at the staff meeting in the morning, but'as far as the smoke from the incinerator is concerned, the State Board of Health is in control of the laws dealing, with air pollution, and they wi11'be contacted concerning that operation. ~. Mr. Wilson' said he had received complaints from residents'i~ the vicinity'of the Publix Market~ 'alSo, that he had received complaints concerning the noisy operation of motorc~clee and sport cars, particu- larly on Ocean Boulevard, and suggested that the Policemen be eve~ more ~ealous in. their duties .i~ an .attempt to stop that noise nuisance. 5. Mayor Saunders ·read a~ PROCLAMATION, p=~c~aiming. Friday and Sat~day, February 14th and 15th, '1969, as POPPY DAYS for the purpose of collec- ting funds by theAmerican Legion Auxiliary Unit No. 65. 6.a. Concer~ing a. su~vey-'of lands in violationo~ the City's nuisance laws, preSented~'by the Clty Manager, Mr. ¥oungbloo~ moved that'the City Clerk be inStruc~ed to proceed wi~ the enforcement of Chapter 15 of the city C~e 'of Ordinances, the motio~ being seconded by Mr'~ Wilson and unanimously carried. ' ~Copy of Nuisance survey is at~ached to the official ~.~.~y of'~these- m~nutes.) see~age 230-A-B. 224 ~.b. Regarding the high bidreceived 'at public auction for City o~med land, City Manager Gatchel reported as follows: "As a result of a public auction,'authorized by.Council and held onDecember 5th, for possible disposal of the City owned tract of land immediately south of the Banyan south property line, in the 1200 Block on South A1A; the highest offer received for this tract of land, approximating 160,000 square feet, in the amount of $475,000., and 10% thereof, in compli- ance with the conditions of the proposed sale, namely $47,000., is on deposit with the City. This parcel of land, being that part of the South 400 feet of the North 46'80 feet of Section 21, Township 46 South, Range 43 East, lying between State ROad AIA and the waters of the Atlantic Ocean, was pur- chased by the City in January, 1966, for possible recreational area and facilities pertaining thereto. Council may accept this high bid or reject all bids. Should Coun- cil accept the high bid, the bidder shall, within 90 days from such acceptance, provide for payment, in.cash, of the balance thereof, .. namely $427,500." Mr. Jurney moved that the bid of Mr. Jack Parker, in the amount of $475,000. for .the purchase of said City property located on South Ocean Boulevard, be accepted subject to the execution of a satisfac- tory agreement for sale and purchase with the City furnishing an ab- stract and the purchaser providing documentary stamps, surtax and re- cording expenses~ further, that the appropriate officials be author- ized to execute such an agreement. The motion was secondedbyMr. Merritt. City Clerk worthing read the minutes of a meeting of the Planning &'zoning Board, held?on December 7~th, t968, at which time they passed a motion that said Board emphasize to Council the planning responsi- bilities of the Board as set forth in the Code of Ordinances in Chap- ter 20, and setting forth the reasons the Planning Board favors re- tention of said property. (Copy of said minutes are attached to the official copy of these minutes.) See pages 230-C-D. During discussion,;-Mr. Nathan Sharp spoke favoring the sale of said property, and Mrs. Dorothy~ontgomery, Mr. John Banting and Rev. S. Taylor spoke in opposition to the sale of the property, and a letter was read from Mr. Gary L. Gooder opposing the sale. Upon call of ro11, Mr. Jurney, Mr. Merritt, Mr. Wilson and Mr. Youngblood voted in favor, of the motion, and Mayor Saunders was opposed, ~c. The City Manager reported as follo.ws concerning a proposed Christ~: mas Bonus for City'employees: "For the past many years, the City Coun- cil has voted a Christmas bonus to all regular City employees. The following formula for computing individual bonuses is recommended: SALARIED EMPLOY~ES_~ 9.2% of monthly salary plus a computed amount for income tax and social security. Thi~.pro- rides a net amount equivalent to two days'i pay for all salaried employees wo.~king five days per week. HgURLY.EMPL.~YEES: Two days at regular hourly rate plus a computed amount for income tax and social security. This formula is subject to regular employees with the City less than 90 days from December 31, 1968, to receive a prorated bonus with min- imum amount fixed at $15.00.. Part-time and temporary employees - $15.00. Subject to Council approval, a .transfer should be made from the General Fund Contingency account to the,Christmas Bonus account 910- 503-490 in the amount of ~10,600.00 and from the Water andSewer Fund Contingency account to 915-503-490 in the amount of $1,556.00." The Chr~etmas bonus for City employees was .unanimously approved as stipulated, on motion by Mr. Youngbl0od and seconded by Mr. Wilson, -2- 12-9-68 &~.d. The City Manager said that relative to parking facilities on the Ben A~re property, as indicated :on the drawings presented to Coun~'il, At may be the pleasure of Council to accomplish such desired improve- me. nt in three steps, and this could be provided, one step at a time, in sequence, or all simultaneously, as determined, the following being the estimated cost for each ~tep: .. Step 1 35 Cars $3,400. Step 2 52 Cars $5,450. Step 3 97 Cars $9,890. Purther, this is the parking facilities as recommended by the Ad- ministration, and any of these steps that may meet the pleasure of Council would be coupled with the proposed landscaping, which plans have been altered some since the last Council meeting, and the ap- proximate cost for same lowered. It is recommended that this matter be deferred for future discussion and further analysis, to determine the total cost. involved. Mr. Jurney moved that work on the park area commence immediately with a meeting later to discuss the parking area, and the money to cover cost of same to come from the same. bond issue from which the property was purchased-. The motion was seconded by Mr. Wilson and upon Call of ro11, Mr. Jurney, Mr. Merritt, Mr. Wilson and Mr. Youngblood voted in favor :of the motion and .Mayor Saunders was opposed. 7.a.. City Clerk Worthi~g informed Council that a petition has been reCeiVed 'from the' owner of Lots 9, '1'0"; the North 25 ~et~-of.' Lot. '8 a-nd the Sblith '35 ]'33 feet of 'L~t 11', Seabreeze- park, requesting` Clmng'e-' of zon~ing, cla~'sif'ic~tion from 'R, 1AA to c~'i;~'further, counci, l'- may this petition 'or refer same t0~' th~ Plann'~ing & 'Zoning Board. for a"pub- i'~c he'.ari~g.~to be hel~ thereon, to.be followed by the' Board's' recom~' mendation concern'ing such'~ rezoning of said lands. Sa'id 'Petition was unanimously referred to the .Planning and Zoning Board, on motion by Mr. Wilson and seconded by Mr. Youngblood. 7.b. Rega~ ~ng a petition ~or annexat'ion, the City Clerk informed Counc~il that' Mr.' JOseph H. Gwynn has requested annexation of a tract of land 'lying adjacent to' the north of the spady Elementary SchoOl, which'tract contains approximatelY. 1% acre's of land on. which are 12 .apalrtments, the !and extendi~g from N. W.~ 4th 'Street to' Lake' Ida' Road. Further, "it is recommended that this petition be referred to'the Plan- ning ~ zoning Board' ~or review, particular1Y as ~to .the' requested zon- ing thereof, and' for recommendation to Council as a result of 'the' Board' s findings. Said ite~ was unanimously referred to the Planning & Zoning Board, as' re'co.mmeilde.d-, on motion by Mr. Jurney and seconded by Mr, Merritt. ?.c. The"City Clerk' read the following letter of resignation from Mr. James H. Scheifley, dated December 4, 1968.' .'!'In View.Of my election 'to: the iCity Council, I he=,by ~' · submit...my, resignation ~f~rom ~the PI'arming and Zg, ing iBoa'rd, effective at your convenience0 but .no~ later, than December' I' w-a~t to take .thi~.. opport~,ity tO .thank 'the iCity Council for. the privilege of' allowing me to serve the City as a mem- ber of the Board. At the .same time I~wish to state that it was a pleastt~e to Serve with six fine men who are so dedi- cated.' and selfless in the many hours they .devote each month .to the public welfare., Mr. wilson moved that the reSig~at'ion Of' Mr. Scheifley be ac~e~ted, with an expression of appreciation for his fine work in beha~lf '6'£" the CitY, tt{e .moti-~n being seconded by %r~ Jurney .and ~nanimous'lY carried. -3- 12"9-68 226 ¥.d. The City Clerk. i~formed Council that .St.-Vincent's Catholic Youth Organization. of 'De'~'ray Beach petitions, for' use of the gymnasium in the Community Center for .Saturday evening, December. 14th, from 7: 00 to 11:00 P.M. for.the purpose of holding a teenage dance, proceeds from which will be used .to augment other funds to provide recreational facilities for the Youth Organization; further, such usage of the gymnasium has been determined not in conflict with any Center program- ming, and with the approval of the Recreation Director, it 'is recom- mended that the request be granted. Said request was unanimously granted, on motion by Mr. Youngblood and seconded by Mr. Wilson. 7.e. 'The City Clerk informed Council of a request-for rezoning of that part of Lot 4 lying between the center line of a northerly 'pro- jection of N. E. 7th Avenue and the west right-of-way line of N. 8th Avenue, in Model Land Company's subdivision of Section 9-46-43, from R-2 to RM-1; further, Council may deny this petition or refer same to the Planning and Zoning Board for a public hearing to be held thereon, to be followed by the Board's recommendation relative to such requested classification change. Said request for rezoning was unanimously referred to the Planning and Zoning Board, on motion by Mr. Merritt 'and seconded by Mr. Wilson~, 8.a. City Clerk Worthing presented ORDINANCE NO. 31-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION ~ 26-1, CHAPTER 26, CODE OF ORDINANCES OF THIS CITY RELATING TO RATES PASSENGERS BY ~TAXICABS OR OTHER MOTOR V~HICLES TRANSPORT- ING PASSENGERS FOR COMPENSATION. WITHIN THIS CITY. (Copy of Ordinance No. 31-68 is attached to the official copy of these minutes.) See page 230-E. There being no objection to Ordinance NO. 31-68, said Ordinance was unanimously passed and adopted on this second and final reading, motion by Mr. YOungblood and seconded by Mr. Merritt. 8.b. The City Clerk presented ORDINANCE NO. 30-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDI- NANCES OF THIS CITY BY ADDING A SECTION ESTABLISHING SEWER CONNECTION CHARGES. Ordinance No. 30-68 was unanimously placed on first reading, on motion by Mr. Wilson and seconded by Mr. Youngblood. 8.c. The City Clerk presented ORDINANCE NO. 32-68~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF. DELRAY BEACH, FLORIDA, ANNEXING' TO THE CITY OF DELRAY BEACH, LOT 50 DELRAY BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. ' . 1001 Brooks Lane Ordinance No. 32-68 was unanimously placed on first reading, on motion by Mr. Merritt and seconded by Mr. Jurney. 8.d. The City Clerk presented ORDINANCE NO. 33-68. AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN 'LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, W~CH ~J~ND IS CONTIGUOUS TO EXISTING ~nT~3TOTDaT. T.TMT~ OF ~A'ID CITY~ REDEFINXNG THE BOUNDARIES OF SAID 'CITY TO INCLUDE SA~D LA~D~ PROVIDING ,~OR THE RIGHTS AND OBLIGATIONS OF SAID L~ND~ AND PROVIDING FOR THE ZONING THEREOF. 1413 South Ocean Boulevard The City Clerk said the Planning an~ Zoning Board .w~ll consider this petition and submit its recommendation thereon at the next Coun- cil meeting at which.time Ordinance No..33-68 will be submitted to Council for final reading. ordinance No. 33-68 was unanimously placed on first reading, on motion by Mr. Wilson and seconded by Mr. Jurney. 9.a. City Clerk Worthing reported that the Delray Beach Publlc Librar- y's request to solicit, by mail only, funds for its capital improve- ments expenses, was referred by Council at its last regular meeting to the 'Solicitations Committee, which recommends as follows: "We are happy to advise that the Solicitations Committee recommends approval of the request to solicit by mail made 'by the Delray Beach Public Library with the suggestion that a card indicating income and expenses derived from the soli- citation last year be enclosed with the. mailing." Mr. Merritt moved to approve the' Library's request to solicit sub- ject to the recommendation of the Solicitations Committee, the motion being seconded bY Mr. Youngblood and unanimously carried. 9.b. conCe~ni~V'~i ~anning and zoning.. Board ~pbrt, the: City Clerk reported that a potitton, dated January 2, 1968, for reclassification of Lots.26, 2'7, 28 and 29, also Lots''l through9 in=I~Sive,' in Replat of B~eezy Ridge'Estates, ref~erred by'CoUncil to th~ PlaShing ~fi~ Zon- ing Board for public hearing and review; has' been"~ela[ed in-being- fin&llY acted, up°n ~ue to i11n~ss'of the p'~itioner~' furth~r,-th~- Board and petitioner w~re never able to finalize satisfactory replat- ting' of the sUbjeCt property, and"°n"Oct6b~r'lS'th',-the Planning BOard again reviewed the~issue and rec0mmend~deni'a~:'of the original peti- tion. Mr. Wilson moved, to sustain'-the reCo~mendation of'the planning· Board and' deny said pet£tion, the motion'being sec°ndedbyMr, Merritt and unanimously carried. 10.a. Mrs. John Gill, who appeared before Council at its last regular meeting'~once~rning the nuisance of hav~ng tO Clean '%h~"lawns of he~ home and apartment of the ~eposits left.by'dogs when they were being walked by their owners, Sai~ she had obtained a copy bE some of the city 'Ordinances, and suggested some changes to ordinance concerning l£tter, which she believes'may give better control over dogs and other animals. Mr. Merr~t~ moved that this .item be refer=ed to-the City Adminis- tration ~nd that the~'Administration, along'With the City Attorney, see if they can come up with an ordinance 'that can .be enforced, that will be legal~ and. help .s.olVe~ thins problem.. The::mo'tion was..seconded by Mr. Jurney and ~arried' unanimouSIy. 10.a. Mrl S,:Taylor mentioned the'~eS~gnation'°f'.Mr~'~'James.'E.~ ScheifleY from the' Planning:and zOn~n~:'Board,.?.and~.suggested that a Negro be considered to fill that va~a~cyonsa~'B~ard; Mayor saunders reported that a Negro Would"be c0ns..~dered to ~hat vacancy 10.a. Mr. John SWord of Breezy Ridge Estates ComPlained ~f' the 'speed and. noise of the Terminal TranSport Compan~ trucks on.Wes~.A~lgntic Avenue. He als° complak'ne~ of the. n~ise of train~.coming through town, andJask~d if such' excessive nOis~ can be-stopped, Mayor 'Saunders asked 'that the Cit~ Manager refer'..this item tO the Police Department in an effort to get said noise 228 10.a. 'Mr. Kenneth Jacobson, a..member of the-Planning, and:Zoning Board, asked that Council Consider Mr. Scheifley's service to the.city as a member of the PlanningBoard by some form of letter of appreciation. Mayor Saunders' assured Mr. Jacobson that a Certificate of Appreci- ation would be prepared for Mr. Scheifley. 10.b. Mayor Saunders.reported this item would not be Considered to- night. 10.x. City Manager Gatchel read the following letter from Novo Invest- ment Corp., signed by Ralph D. Priesmeyer, Vice President, dated De- cember 6, 1968: · "Last January we proposedthat CasUarina Road be widened from Venetian DriVe west to the entrance of our Seagate Manor development. A traffic study was made by the city, but no action has.been taken on this improvement.. ..... With Seagate Manor nearing completion we are ready to start our finished grading and paving. We have Mr. Fleming's apprOv- al to proceed with the paving of the city right-of-way to the seawall from our entrance eastward to the end of the seawall. We would like to renew our offer to widen Casuarina Road from this point on to Venetian Drive at our expense, since.we are convinced that a problem will be created if this,is not done. We would like to expand our offer to include the regrading and grassing along the south line of Col. Balliet's property,.and any costs that maybe entailed in moving his sign - so as to minimize the aggravation that.this change may cause him. We feel thatthis work can best be done while our equipment is here. Our paving work will be completed during the~last two weeks in December. Our only interest in this matter is the completion of Seagate Manor in such a fashion that it will be an asset t9 Delray Beach. Therewill be no'sales advantage to us with this improvement since Seagate Manor is completely sold. We hope that you will consider this matter at an early date and.. favor us with an order to proceed with. the work." There was lengthy discussion on this item, and Mayor Saunders asked that the City Manager schedule a workshop meeting on same. The City Manager said the meeting would need to be early next week as any ap- proval on part of Council would need to be incorporated with the paving work that would be accomplished there by the NovoInvestment Corpora- tion. 10.x. City Clerk Worthing reported that the item of a request for re- zoning of Lots 14 and 15, in Replat of part of Block 1-, ~del Land Company's Subdivision of the west half of Section. 21-46~43, would be on the agenda of the next regular meeting. 10,x. City Clerk Worthing informed Council that the Trinity Evangeli- cal Lutheran Church and School of Delray Beach have placed their prop- erty, Lots 1, 2, 3 and 4, Block 108, on the market; further, this property lies on the southeast corner of the intersection of N. E. 5th Avenue with 1st Street, is 125 feet.by 256 feet in size, and is presently listed with the Real Estate Listing Bureau at $115,000.00. Mr. Merritt moved that this item be referred to the Traffic and Parking Committee for study and recommendation, the motion being sec- onded by Mr. Jurney and unanimously carried. 10.x. Mr. Merritt, Chairman of the Building Committee for the Law Enforcement Complex, reported that the building site had been cleared, the footers are being dug, the batter-boards are up, and work is pro- gressing on said Law, Enforcement Complex. -6- 12-9-68 c hO.c.. City Clerk Worthing presented. Bills for Approval as follows: General Fund $ 269,684.13 Water Operating .& Maintenance Fund 7,052.79 Water-Revenue'Fund 22,295.69 SpeciaI'ASse's~ment Fund 443.00 Refundable Deposits Fund 4,362.05 Cemetery Perpetual Care Fund 1,301.25 Utilities Tax Revenue Fund 1,550.00 Utilities Tax Certificates, Principal & Interest Redemption Fund 9,000.00 Cigarette Tax Fund 7,522.00 The bills were unanimously ordered paid, on motion by Mr. Merritt and seconded by Mr. Jurney. The meeting adjourned at 9:50 P.M. City Clerk APPRO~ MAYOR -7- 12-9-68 1 ~ [ .~,~ ,., . g ~ 230-A PROPERTIES IN VI(~ATION OF ORDINANCE NO. G-147 AND SECTIONS 15-3-and 15~4 OF THE CITY CODE. CITY OWNER AND.. ADDRE~ PROPERTY DESCRIPTION CODE 1. !della Romer Vacant part-of North 58 feet 15-3 134 S. W. 5th Avenue of South 214 feet-of Bast & Delray Beach, Florida 33444 135 feet of South half of 15-4 Block.22. (15) (134 S. W. 5th Ave.) 2. ~oseph j. & Dorothy DiMarzio Vacant part of Lot 14, 15-3 116 $. E. 30th Avenue Block 4,.Odmanns. & Boynton Beach, Florida 33435 (22'24-S. W. 13th Avenue) 15-4 3. Fel!ce P. Ledbetter Vacant part.of Lot 16, 15-3 807 Ocean Inlet Drive Block 2, Priest's Addition to Coquina Cove Atlantic Park Gardens. 15-4 Boynton BeaCh, Florida 33435 (114-116 S. W. 14th Avenue) 4. Estella B. Robinson . Vacant part of Lot 3, 15-4 (Life Estate) Paradise Heights. 310 N. W. 6th Avenue (310 N. W. 6th Avenue) Delray Beach, Florida 3344.4 Herbert Woodside 218 N. W. 7~h AVenue Delray Beach, Florida 33444 5. Charle~"Patrick, Jr. vacant part of Lots 1 & 2, 15-4 400 N. W. 2nd Street Paradise Heights. Delray Beach, Florida 33444 (302-306 N. W. 6th Avenue) 6. Asbery & Ouella Holley Lot 12, Block B, Tourist 15-3 2236 N. W. 20th Street Nook. Ft. Lau~erdale, Florida 33311 (213 N. W. 9th Avenue) 15-4 7. Am'elia Ganson Vacant part of Lot 10, 15-4 P. O. Box 2169 Block 124. Delray Beach, Flor!da 33444 (701 E. Atlantic Avenue) 8. Ottie F..Gentry Vacant part of. Lot 24, 15-4 P. O. Box 1214 Block 11, Dell' Park. Delray Beach,'FlOriaa 33444 (109 N. E. 8th Street) 9. Norma spells " East. 135 feet of North % of 15-4 1323.Prospect Street South % of Block'll less DelraY BeaCh, Florida 33444 SoUth 50 feet. (16) (116 N. W. 6th Avenue) 10. DOrothy S. Wimberly Lot 5, Nichols First Addition. 15-4 398 N. E. 24th CoUrt (105 S. W. 7th Street) Boca Raton, Florida 33432 1~2 -9 -68 230-B Page 2. Nuisance L~st. .Violations 15-3 and 15-4 as concerns this report are as follows: 1. 15-3 - Debris 15-4'- High weeds and undergrowth 2. 15-3 - Garden trash and debris' 15-4 - High weeds and undergroWth 3. 15-3 - Garden trash and debris ~'~ 15-4 - High weeds and undergrowth 4. 15-4 - High weeds and Undergrowth 5, 15-4 - High weeds and undergrowth 6. 15-3 -~ Debris (Auto Parts) 15-4 - High weeds and undergrowth 7' '15-4 - High weeds and.undergrowth 8. 15-4- High weeds 9. 15-4 - High weeds and Un.growth 10. 15t4- High weeds Submitted to the City Council by the City Manager on this the 9th day of December, 1968. ~.~gtEo Ot,~' ?LANNI'NG & ZON];NG BOARD .DECEMBER ?th., 1968 H()TEi~ DEL ~OL MEMBEt~S ~'hESENT: Vice-Chairman Davis, Cook, Gent~ Jacobson, ~"~ole~ ~cn~.ifi~y~ Bob Abbott. (Chairman W~olbright ~oted l~ absa Col. Poole moved, Mr. Cook seconded, that the motion made by ~ol. Poole and seconded by Mr. Cook at' ~he December ~tb meeting.., regarding a letter to council against sale of the 'i~.S 0 U ' ' - .: th Beadh" be withdrawn. Motion Passed unanimously Col. POO!e moved, Mr.. Cook seconded', that the Planning & '~' ZOning Board emphas'z ~.,e to the City Council the planning ~ responsibilities of-the Board as set forth in the Delray Beach Code of Ordinances, Chapter 20, Sections 20-il' and ~ ~-12, quoted be!ow,: setting forth' the reasons that the ~.~' Planning Board favors retention of the property kno~ as "South Beach" and re6ommending that the "SOuth Beach" be retained. :'~ Section 20-11~ In the preparation of the Plan provided for ih Section 20-9, the planning 'board shall make areful and c~mprehensive surveys an~ studies of present conc]itions and future growth of the municipality, with due regard, to its relatiOn with neighboring territory. The plan shall be made with the~, genera]. Purpose of guiding and accomploshing a. coordinated adJustgd and harmonious development of the city, and its' environs, which will in accordance with present and future nee~:~ best promote in view of the board, health safety morals, order, convenience f'ecreati ' , - onal facilities, Prosperity and general welfare., as well as efficiency and economy in the process of development, including, among other things, adequate Provision for traffic, the promotion of safety from fire, and other dangers, adequate 'provision for light and air, the promotion of the healthful and. convenient natural cultural and aesthetic values adapted to or suitable for park and playground, sites, etc., in and around the city, the promotion of good civic design and arrangement, wise and eff~.cient e~penditure of public funds and the adequate provision of Public utilities, and other public requirements. Section 20-12: Before the submission of any Pla~, or Part ~nereof, or any amendment, e~tension or addition to the city council for its approval or rejection, the i~lanning board sh~ . . bo~ ~a~a~_o~e Pub~.mc hearir)g thereon. The ol~~ ~ ,,~ u~e power to promote' ub]i und. erstandin~ of ~*~ ~:~- ~ : ,. P . c interest in and ~..~:~ ' ~ ..... ~z~s, ado to that and (sub ect to ~=m~*au~ons on e ' . J its .xPent~ ~ture s a · sections) may n,,~-~-d' .... ';. ~ P~o~ided oy the oreceS~ any reoort 2~~.o9_T{m a. zs~?ioute ~'op~es publicity and edu~;{*~ ~Y r~cQ ot~eE legitimate means of ' ~u~.~ ~S ~.~ ~ay GeEe~l~e, The reasons for the motion are as follows: 230-D 1) General recognition of need for additional recreational areas. 2) Detailed studies have 'been made of the future of th'e area East~ of the Ir~tracoastal Waterway which indicate the traffic d. emanfJ, s due to the tremendous, increase in res~,.dential po pulat i on. 3) The South East 1.2th Street bridge will make the "South Beach" area a focal point and will serve the needs of the people in that &rea and also. Tropic Isle, Tropic Palms and She~.ood Pa rk. ~) ]laving the "South~ Beach" w'it! relieve the North-South flow of traffic and help relieve the parking situation at the main publ.t.c'beach area. 5) Potentially the "South Beach" will serve over 8,000 persons within walking Uistance at present maximum development, or over 6,000 persons with planned decreased density. To the motion, i~fessrs. Cook, Da.vis, J'acobson, Poole and ~foolbrlght voted "yes". Mr. Scheifiey abstained on the ba&is that the sale should be subject to a referendum. Mr. Gent abstained because he felt such action, was inmappropriate' and political at the present time, Motion Passed.. The Board. stated that action had been delayed on this subject as the South bridge had not been incepted at the time of the beach purchase, but now the Planning & Zoning Board asks that City Council defer action at this time and extend the courtesy to the Board to present the above facts to the people of the City of Delray Beach through a public hearing, Respectfully.._... submitted, Andrew M. Gent Sec ret ary ORD'r~NC~ NO.. 30-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY: BEACH, FLORIDA, AHENDING CHAPTER 27' OF THE CODE OF ORDINANCES OF THIS CITY .BY ADD- ING A SECTION ESTABLISHING SEWER CONNECTION CHARGES FOR ALL PERSONS, FIRMS, AND CORPORA~ TIONS CONNECTING TO THE MUNICipAL SANITARY SEWER SYSTEM' AFTER MARCH 31, 1969 '~," 'BE IT ORDAINED BY THE CITY COUNCIL OF TH~ CI~ OF DELRAY F~,ORIDA, AS FOLLOWS.' BEACH, Sectio 1. That Chapter 27 of the Code of )s of Delray Beach, is hereby amended by adding a section therein as follows: "ARTICLE Sanitary Sewerage SeCtion 27-28. Sewer Connection . In addition to rates set in Section 27-28, there is hereby ,lished a connection charge for each connection the Cit sewage collection sys- tem which shall be ha. on of pipe as follows: 4 inch $150.00 6 inch $200.00 8 inch $250.00 10 inch $300.00 12 inch and over $350.00 Such connection chart be paid to. the City at the time of obtaining a for :ai~ connection and shall be in addition to the termit The size of said connec- tion shall be determ; )d by the Inspeutor in ac- cordance with Chapter 21 of the The cotmection charge herein levied shall applicable all sanitary sewer con- nections made in City after Ma 31, 1969. Provide.a, however, if any , firm or cot tion obtains a con- ne=tion p~rmit, pr to said date, bu. is u~able to complete the connection said deadline, no charge shall be made during life of said permit ch Shall be thirty (30) days. Sa: connection fee shall be y appli- cable to any hereafter made .~ that portion of the City sani sewer system known as Sodktheast Interceptor a Force Main nance or any thereof, or any paragraph, sen~nce or word be declared by a of Competent jurisdiction to be i~valid, such de- cision shall affect the validity of the re~ainder'~ereof as a whole or hereof, other than the part declared '~o be invalid· 3. That all ordinances or parts of ordinanCQs in con- flict herl be and the same are hereby repealed. :d on second and final reading in regular session 40 this the City Clerk First Reading - , ........... im~COnd Reading ,, : __ : ........ : 230-E ORDINANCE' NO. 31-68. AN ORD~'NANCE OF THE CITY~ COUNCIL OF ~T~E CITY 'OF DELRAY BEACH, FLOR.IDA, AME~ING SECTION 26-1, CHAPTER 26, CODE OF ORDI- NANCES OF THIS CITY RELATING TO RATES CHARGED PASSENGERS BY TAXICABS OR' OTHER MOTOR VEHICLES TRANSPORTING PASSENGERS FOR COMPENSATION~WITHIN THIS CITY. NOW, BE IT ORDAINEDBY~THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 26-1, Chapter 26, Code of Ordinances of this City, be, and the same is hereby amended to read as follows: "Section 26-1 Rates Charged Passengers 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 transporta- tion services: (a) FOr carrying one or two passengers, the following amounts: First mile or fraction thereof $.50 Each additional half mile or fraction thereof $.25 (b) For carrying one or two passengers on depot trips= First mile or fraction thereof $.75 Each additional half mile or fraction thereof $.25 (c) For carrying each passenger over two trip $'.25 (d) Each passenger Shall be allowed one item of hand luggage without additional Charge, but each item in excess of one item per passenger shall be charged for at the rate of twenty-five ($.25) cents per item." Passed on second and final reading in regular session on this the 9th 4ay of December , 1968. MAYOR ATTE ST: /S/ R,. D..W0r. thing City Clerk First Reading . ,N.ovembe~r .25. 1968.._