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04-26-71A regular meeting of the City Council of the City of De!ray Beach, was held in 'the Council Chambers at 7:30 P.M., with Mayor J. L. Saunders in the Chair, Acting City }~anager Thomas E. Weber, City Attorney G. Robert Fellows and Council }~embers Grace S. Martin, J~mes N. Scheifley, Leon M. Weekes and O. F. Youngblood being present. A. The Lord's Prayer was repeated in unison. 2. ~%e Pledge of Allegiance to the Flag of the United States of America was given. X. Mayor Saunders announced that the City Manager is attending a City Manager's Conference in St. Augustine and that in his absence, Mr. Thomas E. Weber, Finance Director, is the Acting City Manager. 3. The minutes of the regular meeting of April 12, 1971, were unanh~.ous- iy approved on motion by Mrs. Martin and seconded by Mr. Weekes. 4. ' Mr. Youngblood announced that the Community Child Care Center Organi- zation will hold its second annual meeting in the Council Chambers at 8:00 P.M., on Tuesday, May 18th, and the public is invited. 5. Mr. Everett Palmatier, President of the Beach Property Owners Assn., reported that he had received a complaint regarding a motor home, license number 6W1~-12411, being parked periodically on 'the Southeast corner of Hiramar and Venetian Drives and asked that something be done about it. This complaint was referred to the Police Deparhment for investiga- t ion. M~s. Dorothea Montgomery asked if the City Attorney could check with the City of Palm Beach regarding their ordinance on parking of trailers in the City and report back to Council at the next workshop meeting. She objected to the frequent parking of a mobile trailer in the area .of Mir~r~ar and Venetian Drives. 5. Mr. Ernest Schier, 1017 Bay Street, commended Mr. Alfred El!iott, Recreation Director, and the lifeguards for removal of the rubble from the Scuth portion of the Beach. I-la also asked why the grader is not being used to clean the Beach as has been done in past years.. Hayor Saunders said that this would be checked into. Regarding 250 South Ocean Boulevard, ~k. Schier inquired about the status of same. He reporte~ that the trailer %~nich is being used as a sales office has not been used for a month and the telephone number on the door is for Mr Th' ' . le].e s residence. ~{ayor Saunders reported that he was informed by the Building Depart- ment %hat the builders are planning to ~o some work at that location tomorrow. Mrs. Catherine ~dniteker,' 1].20 Nassau Street, asked for some clarifi- conc~ztzo.~ at 250 South ca'Lion as %o ~nat would be done about the unsightly ~" ' Ocean Boulevard, and that she would like an answer before going North in the very near future. Former Councilman John L. Pitts asked if any changes have been made in the setbacks for that proposed construction as had been agreed upon, and if it had been checked o'ot to determine whether the pilings are with- in the proper setbacks. ?hat if they are not, tile code a!].o%~.:'s refusal of any permit or e>:tension of any permit.' He suggested tlnat the city · J s resolved. . .- ~b-7 ]_ There was discussion on what could b,- considered substantial con- s Lruction on this property, with the building permit to expire on April 29 th. Mr. Scheifley suggested that 'Lhe City Attorney meet with Mr. Roy Reid, Chief Building Official, at 8:00 A.M., tomorrow regarding this item. Mrs. Martin said that in the future she' would like to see Mr. James Smoot, Planning Director, and },Zr.. Roy Reid, Building Official,- present at the meetings to answer any questions pertaining to their Departments. This request was referred to the City Manager. 5. Rev. Semmie Taylor, Representative of the Christian Movement for Civic Action, appeared before Council with several complaints concern- ing the Police Department. He said the Negro people are const, antly being harassed by Sgt. Kilgore and it had been asked sometime ago that something be done about it, but that condition still exists. He asked why the ci. ty did not send any policemen to a course re- cently given in Fort Lauderdale concerning dope, and said he had been informed the reason was that there were no funds available for same. Mayor Saunders said he did not know why police officers were not sent · to attend the course but that he felt sure it was not for the lack of funds. Rev. Taylor also complained that there are police officers, trying to keep integration from being successful among the young Whites and Negro people, also in the City as a whole as far as police officers are concerned. He asked that Council consider these items and that the problems be ircned out in the near future. 5. Mr. George T. Barker of the Grosvenor House presented the following petition with approximately 1,400 signatures: "We the undersigned residents of the City of Delray Beach, wish to mnke it known by this petition that we are against the pro-" posed discontinuance of the Delray Beach City Emergency Fire Wagon." Mayor Saunders reported that no decision has been made as to whether to discontinue or maintain that service. The petition was 'filed with the City Clerk. 6.a. Regarding the Plumbing Board's recommendation that Mr. Fred Greene's Master Plumber's Certificate be revoked, which item was deferred for a workshop meeting at the April 12th meeting, said recon~aendation was unan- imously sustained on~ motion by Mr. Scheifley and seconded by Mr. ¥oungbloOd. 6.b. Acting City Manager Weber reported that at the April 12th meeting, Council deferred action on a request from Mullan Enterprises of Florida, !nc., for approval of a site plan for ~onstruction of a 77-unit apart- ment complex located at 2000 S. Ocean Boulevard, to be reviewed at its April 21st workshop meeting. Said site plan was approved on motion by Mr. Youngblood and second- ed by Mr. Weekes. Upon call of roll, M~s. Martin, Mr. Weekes, Mr. Youngblood and Mayor Saunders vcted in favor of the ]notion and Mr. Scheifley abstained. Mr. Scheifley said he thought the Council was going to have a moratoriusn on this type of building until the Master Plan is resolved to see whet density would be recorm'~ended. 6..c. The Acting City Manager reported that a vz%cancy exists on the City's ~}oard of Adjustment as a result of t'he recent resignation of Alternate Nember Charles F. Hill wlrose t ..... expires on ~arch 15, 1973. Further, cn~ remaining members of the Board unanimously ]recommended tNe appointmcnt -2- 4-25-71 c.f Hr. Jostles J. Postma, 1002 White Drive, 'to fill 'the une?:pired term. [,irs. Martin moved to accept the resignation of Charles F. Hill and appoint James J. Postma to fill the unexpired term, as recoms~ended. The motion was seconded by Mr. Youngblood and unanimously carried. Mr. Scheifley asked that acknowledgment of appreciation of service be sent to Mr. Hill. 6..d. Regarding a request from Mrs. Eddie M. Crabtree for approval of a Site Plan for construction of a two-story, 20-unit apartment building to be located at 3101 through 3131 Spanish Trail, which was deferred by Council at its April 12th meet. ing for discussion at a workshop meeting, said site plan was unanimously approved on motion by Mr. Youngblood and seconded by Mrs. Martin. 6.e. Council was informed that a request has been received from Mr. Dode O'Brien, 698 N. W. 9th Street, for sanitary sewer service and it is reco~nended that authorization be granted for extension of tine sewer from an existing manhol6 at N. W. 9th Street and N. W. 6th Avenue south- westerly along N. W. 9th Street, a distance of approximately 400 feet, cost of same being approximately $2,500, which is within the City's requirement that construction cost not exceed 20 years' estimated revenue. Further, the three lots to be served by this sewer are estimated to pro- duce $2,520 revenue over a 20-year period. Said extension was unanimously authorized, as outlined, on motion by Mr. Scheif!ey and seconded by Mr. Weekes. 7.a. Acting City Manager Weber reported that an application has been received from Mr. James T. Stephanis, part-o~sner of Herky's Restaurant, 8!5 N. E. 5th Avenue, for a license to serve beer and wine for constur~p- tion on the premises; further, the applicant having been investigated in the prescribed manner by the Police Departnnent and approved, it is recommended that the request be granted. Said request for a beer and wine license was unanimously grant, ed, on motion- by F~. ¥oungblood and seconded by. Mr. Weekes. Mr. Scheifley suggested that when such a license is granted, that the owner be asked for his cooperation in preventing the unsightly condition that exists outside some of these types of businesses. Mr. ¥oungblood reported that in a meeting with Dr. S. E. Morrow and others who are planning to sponsor a clean-up c~paign about the first of May, with the participation of the Girl Scouts and Bcy Scouts, it had been discussed that Council be asked to request that all owners of these types of businesses be responsible for keeping their areas clean after they have been~ cleaned up. 7.b. Council acknowledged the Beautification Committee meeting minutes of April 14, 1971. Regarding the last paragraph of page 1, Mr. Scheifley pointed out that only approximately $8,000 of the $15,000 is being used to re~ place the lawn sprinkling system add plantings at City Hall, not the entire amount that is budgeted for beaut~ficaticn of South Federal High- w~y. Mayor Saunders asked M~. Pitts if he had received any. information on t~e vacuum that will pick up cans, which was discussed at a Beauti- fication Committee meeting several weeks ago. Mr. P-itts r~lported that the vacuum is made by %he same company in Pennsylvania tl~at makes the street sweeper now used by the CitI~, and ±~hat it would cost approximately $800. He said it can be pulled behind any vehicle and has its own motor for picking up beer cans, bro.ken glass, bottles, etc., an,d the cans can be retrie~ed from the container back of it. --3- 7.c. Council was informed that a request has be~n received from .Mr. John A. Dittrich for a gratis occupatio?.al license to practice as a consultant from his home at 1152 Lowry Street; and inasmuch as Mr. Dittrich meets the requirements set forth in Chapter 16 of the Code of Ordinances and having furnished satisfactory evidence that he is over 65 years of age, it is recom3r, ended that this request be granted. Mr. Scheifley moved to g.rant said request for a gratis license, the motion being seconded by Mr. Weekes. Col. Theodore Poole said he believes that address is in an R-IAAA Single Family Dwelling District and home occupations 'are not permitted in that zone. Due to the uncertainty of the zoning, the motion and second were withdra~.~ and Mr. Scheifley m6ved to table this request until the next meeting. The motion was seconded by Mr. Youngb!ood and unanimously' carried. . . After the City Clerk assured Council that Mr. Dittrich lives in an RM-1A Multiple Family Zoning District, said item was remsved from the table, and the request for a gratis license was unanimously granted, .on motion by Mr. Scheifiey and seconded by Mr. Weekes. 7.d. The Acting City Manager reported that Mrs. Mary Golson, 600 S. W. [lth Street, Belle Glade, Florida, has applied for a duplicate of Tax Sale Certificate No. 150, which was issued to her on June 6, 1967, for · the 1966 ad valorem taxes on the North 50 feet of the South 200 feet of the East 135 feet of the West 285 feet of the South half of the North half of Lot 6, Section 17-46-43, Maggie Rolle Subdivision, the original certificate having been lost. Further, in accordance with provisions of Section 95 of the City's Charter, Council may authorize issuance of a duplicate tax sale certificate and it is recormmended that said authori- ~'~ation be granted. Said authorizat$_on for issuance of a duplicate of Tax Sale Certifi- cate No. 150 was unanimously granted, on motion by Mrs. Martin and sec- onded by Mr. Youngblood. ?.e.. Council was informed that an application has been received from Mr. & ;~rs. Jack B. Simpson, represented by Attorney E. Louis Fields of Fort Lauderdale, for annexation with RM-1A zoning of a tract of land de- scribed as the NE¼ of Lot 6, Section 20-46-43, Linton Survey, also de- scribed as the N.~q of the SE¼ of the NW¼ of the SE¼ of Section 20-46-43, located just south of Pine Grove Elementary School. Further, it is the applicants' intention to develop it for low-cost housing under the aus- pices of the Federal Housing Ad~ainistrMqion and it is recomraended that this request be referred to t~e Planning mhd Zoning Board for study and r econ~aendation. Said request was unanimously referred to the Planning and Zoning Board, as recon~mended, on motion by Mr. Youngblood and seconded by Mr. W eekes. X. Mr. Scheifley reported that today the Supreme Court issued a ruling · that will have a great deal of effect on low-cost housing developments, which allows the citizens of a com~nuni.ty to have the right to vote on every low-cost housing project before it is approved. He suggested that the Ci~ky Attorney study the ramifications of this and give Council '?ne benefit of the impact of today's ruling.' 8.a. The Acting City Manager presented RESOLUTION NO. 16-71. A RESOLUTION OP 171E CITY COb%fCIL OF THE CITY OF DELRAY BEACti, ~'LO[qiDA, AUT}IORIZiNG TI~E C!'i'¥ ~.LA~AGER TO Pi~OCEED WITH TI~E OPE~:~'iNG, GRAD- I~YG AND PAVI[~G OF THE .NORTH-SOU%'H SIXTEEN (16) FOOT ALLEY I~ P. LGCK 1, ROSE~4OI:.i'f ]?ARI< SUBDI- Vi S ION. 4-26-71 ,,t~.~s_~''~ .... o~-'~ Resolution No. 16-73_ is attached ~co the official coev~ of these m~nu~.~s ) See page 68-A A Public Hearing having been legally advertised in compliance with the Charter of the City of Delray Beach concerning alley improvement as set forth in Resolution No. 13-71 was held and there being no objection to said proposed improvement, Resolution No. 16-71 was unanimously pass- ed and adopted on first and final reading, on motion by Hr. S~heif!ey and seconded by Mrs. ].{artin. 8.b. Acting City Manager Weber presented ORDIN~CE NO. 10-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER , T 14, SECTION 14-1 CODE .OF O~_NANCsS OF THIS CITY PERTAINING TO THE FIRE PREVENTION CODE TO BE USED BY THE CITY OF DEL~Y BEACH. (Copy of Ordinance ~No. 10-71 is attached to the official copy of these minutes.) See Page 68-B. A Public Hearing having been legally advertised in compliance with the laws of the State of Florida end the Charter of the City of Delray Beach was he!~, and there being no objection to Ordinance No. 10-71, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Weekes and seconded by Mrs. Martin. 8.c. The Acting City Manager presented. ORDINANCE NO. 11-71. AN ORDINANCE OF ~E CITY CO~CIL OF ~E CITY OF DELRAY BEACH, FLORIDA, ANb~XING TO THE CITY OF DEL~Y BEACH BENjamIN AVENUE AND PARTS OF DIXIE BOUL~ARD ~,~D S. W. 8TH AVENUE IN PLAT 2 OF SOUTHRIDGE SUBDIVISION AS SHO~ ON PAGE 39, PLAT BOOK 13, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. {Copy of Ordinance No. 11-71 is attached to the official copy of these minutes.) See page 68-C. A Public Hearing having been legally a~vertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach wa~ held, and there bei6g no objection to Ordinance No. 11-71, said Ordinance was unanimously passe~ and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Hrs. Martin. 8.d. Acting City Manager Weber presented ORDINL~NCE NO. 12-71. AN ORDINANCE OF THE ~CiTY COUNCIL OF THE CITY OF DELSEY BEACH, FLORIDA, A~END!NG CHAPTER '5, SECTION 5-11, CODE OF ORDINANCES OF THIS CITY. PERTAINING TO M!SCE[~L~NEOUS REGe~A~ iONS CON- CERNING DALLY CHARGE FOR IHPOL%~DED STRAY DOGS. Due to Council objecting to the last six words of said amended -Section 5-11, ".... or by having the'animai killed.", .Mr. Weekes sug- gested ~n~ending the Ordinance by changing that wording tc ".... or other authorized agency." After d~scussion Ord{nance No 12-7t was ......... ee~ as unanimously placed on first reading, on motion !Ty Mr. Scheifley an.~J, sec- oDd~?d by Mr. Youngbloo~. -5- $.d. The Acting City M n~er~ ~.~,~.~ented OP. Di~[A!~[CE NO. 13-71. AN OFtDI~.~AIqCE OF THE CiTY COU~[CIL OF T~E CITY OF DELRAY BEACH, FLORIDA, A~]NDING CHAPTER 22, SECTIOA* 22-4, CODE OF ORDINAiqCES OF THIS CiTY PERTAINING TO THE FEE FOR ISSUANCE OF iDENTIFICATION CARDS. Ordinance No. 13-71 was unanimously placed on first reading, on motion by Mr. Weekes and seconded by Mr. Scheif-ley. Mr. George C. Marzen, Manager of the Grosvenor House, objected to the fee being increased for identification cards. 9.a. Council was informed that the Planning and Zoning Board, at its April 20th meeting, t_el~ a public hearing on a request from Irving Stuart, Inc., for rezoning of the West 3/4 of the South half of Lot 1, Section 20-46-43, less the East 50 feet of the West 687.93 feet and less the South, West and East 25 feet for road rights-of-way, recently acquired from the City, from R-lA to R-1 in order to allow construction of an a~ditional eight units, and unanimously recomJnended denial of the request as it was their opinion that the size of the lots are already too small. Further, the present zoning, R-lA, allows 64 units and the requested zoning, R-l, allows 72 units, and Council may either grant or deny this request or defer same for discussion at a workshop meeting. i{e further reported, that he had received a letter today from Mr. Emil Danciu, Vice-President of Irving Stuart, Inc., requesting that Council defer action on this request until they can prepare their case and pre- sent. it in detail at the next workshop meeting. Said request for rezoning was unanimously deferred to a workshop ~neeting for discussion, on motion by Mr. Youngblood and seconded by Mr. Weekes. 9.b. Acting City Manager Weber reported that the Planning and Zoning Board, at~ its April 20th meeting; considered a request for annexation, with P~-I zoning, of Lot 18, First Addition to Kenmont, and unaimously reconm~ended approval of this request subject to including annexation of Witherspoon Lane and, in addition, that water and sewer mains be extend- ed to the property at no cost to the city. Mr. Youngblood moved to sustain the Planning and Zoning Board's recommendation and that an Ordinance be prepared for same, the motion being seconded by Mr. Scheifley and unanimously carried. 10.a. The City Clerk read the following letter dated April 22, 1971,' from E. L. Stoughton~, President of the Board of Directors of the Grosvenor House: "As our season here at Grosvenor House draws to a close for most of us, we wish to extend to ~-o'u, the Mayor and City Manager, our sincere thanks for the splendid cooperation we have received from our Police Depar%2~.ent, our Fire Department, an~ the Delray Beach City Emergency Squad. Their services have been of the best and we can assure you of grateful appr ec iation." 10.a. Mrs. Martin asked the Acting City Manager if he knew when the new police cars would be coming in an~'l he reported that he did not know. X. Mrs. Dorothea ~Iontgomery cc~'~unended the Delray Beach Taxi on their §? 'fhu following "Bills for Approval_" ~,,~ere unanimously approved ,for payuten~, on motion by ~,~-. Scheifley and seconded by Mr. Youngblood. General Fund $165,905.46 Water Operating & Maintenance Fund 10,122.93 Capital Improvements Construction Fund 200.00 The meeting adjourned at 8:,50 P.M. tLALLIE E. YATES City Clerk APPROVED: MAYOR 68-A RESOLUTION NO. 16-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELR3AY BEACH, FLORIDA, AUTHOR- IZING THE CITY MANAGER TO PROCEED WITH THE OPENING, GRADING AND PAVING OF THE NORTH-SOUTH SIXTEEN (16) FOOT ALLEY IN BLOCK 1, ROSEMONT PARK SUBDIVISION. WHEREAS, the City Coun~i! of the City of Delray Beach, Florida, did on the 12th day of April, 1971, by Resolution No. 13-71, determine to proceed with the open- ing, grading and,paving of the North-South sixteen (16) foot alley in Block 1, Rosemont Park subdivision to a width of sixteen (16) feet, and WHEREAS, the Resolution providing therefor has been duly published as required by the city Charter, to- gether with a notice that objections to said improvement would be heard, and WHEREAS, no sufficient objections have been made to such proposed improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, tha~ the City Manager be and he is hereby instructed to proceed with the opening, grading and paving of the North-South sixteen (1.6) foot alley in Block 1, Rosemont Park subdivision to a width of sixteen (16) feet according to the plans and specifications hereto- fore filed with the 'city Clerk, and a copy therDof filed in the office of the City Manager and kept open' for the inspec- tion of the publiC. PASSED and ADOPTED in regular session on this the 26th day of April, 1971. MAYOR ATTEST: city Clerk ." / / 68-B ORDINANCE NO. 10-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CII~ OF DELRAY BEACH, FLORIDA, ~%LENDING CHAPTER 14, SECTION 14-1, CODE OF ORDI- NANCES OF THIS CITY PERTAINING TO THE FIRE PREVENTION' CODE TO BE USED BY THE CITY OF DELRA¥ BEACH. WHEREAS, it is necessary to update the Fire Code of the City of Delray Beach, and ~ WHEREAS, the City Council deems it in the best in- terest of the' City to update the Fire Code by using the new Fire Prevention Code. NOW, THEREFORE, BE IT ORDAINE~ BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 14-1, chapter 14 of the Code of Ordinances of the City be amended to read as follows: "Sec. 14-1. ADOPTION OF FIRE PREVENTION CODE. There is hereby adopted by the city for the purpose of .prescribing regulations gov- erning conditions hazardous to life and prop- erty from fire or explosion, that certain code known as the 1970 Edition of Fire Prevention Code recorm~ended by the American Insurance Association, including all revisions thereof made from time to time, save and except such portions as are hereinafter deleted,' modified, or amended, of which code not less than three copies have been and now are filed in the office of the clerk of the city and the same 'are hereby adopted and incorporated as fully as if set out at length her~in, and from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the city." PASSED AND ADOPTED in regular session on this second and final reading on this 26th day of April , 1971. ,i/" M A Y 0 R ATTEST: City Clerk / First Reading April 12, 1971 Second Reading APr~i 26, 1971 68-C ORDIN.~NCE NO. 11-71. AN ORDINANCE OF ~{E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA ANNEXING. TO THE CITY OF DELRAY BEACH BENJAMIN AVENUE AND PARTS OF DIXIE BOULEVARD AND S. W. 8Tt~ AVENUqE IN PLAT 2 OF SOUTHRIDGE SUBDIVISION AS SHOWN ON PAGE 39, PLAT BOOK 13, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, the city is authorized by Section 6A (4) of its Charter to annex any real property that is public or quasi- public located in the "Greater Delray Beach Area", which would not be subject to direct ad valorem taxes; and WHEREAS, Benjamin Avenue and parts of Dixie Boulevard and S. W. 8th Avenue are public or quasi-public real property and lie in the "Greater Delray Beach Area" and will not be subject to ad valorem tax by the city; and WHEREAS, it is necessary to connect City owned property located in the City limits to its water and sewer system; and WHEREAS, the city Council of the City of Delray Beach deems it to be in the best interests of the City of Delray Beach to connect the city property for water and sewer by way of Dixie Boulevard, S. W. 8th Avenue and Benjamin Avenue. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The city Council of the City of Delray Beach hereby annexes the following described property to said City. That portion of Dixie Boulevard from the center- line of S. W. 4th Avenue to the East line of S. W. 8th Avenue; that portion of S. W. 8th Avenue from the South line of Plat 2 Southridge Subdivision to the East extension of the North line of Lot 4, Block 18, Plat 2 Southridge; and Benjamin Avenue from the East line of S. W. ~8th Avenue to the East end of Benjamin Avenue, all being in Plat 2 Southridge Sub- division as shown on Page 39, Plat Book 13, Public Records of Palm Beach County, Florida. SECTION 2. The corporate limits of this city are hereby amended to include the aforedescribed property. PASSED AND ADOPTED in regular session on the second and final reading on this the 26th day of April , 1971. MAYOR ATTEST: City Clerk /! First Reading April 12, 1971 Second Reading April 26, 1971