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07-12-71 JULY 12, 1971. A regular meeting of the City Council of the City of Delray Beach, was held in the Council Chambers at 7:30 P.M., with Mayor J. L. Saunders in the Chair, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows and COuncil Members Grace S. Martin, James H. Scheifley, Leon M. Weekes and O. F. Youngblood being present. 1. The oPening Prayer was delivered by Rev. J. D. Edwards. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of June 28, 1971, were unanimous- ly approved on motion by Mrs. Martin and seconded by Mr. Youngblood. 4. Mr. Youngblood commended the City Manager on his public relations program including the City Employees' monthly newsletter, "Employees' News and Views", his complaint system, and the five-minute radio broad- casts given by the City Manager every Thursday evening at 8:20 P.M., over Station W. D. B. F. He recommended that everyone listen to these weekly broadcasts and become better informed on different subjects. 4. Mayor Saunders reported that he had received a request for a signal light at the intersection of N. E. 8th Street and Swinton Avenue and asked that the City Manager check into the advisability of same. 5. Rev. Robert L. Schirer, Executive Director of the Presbyterian Social Ministries, Inc., reported that on June 3rd, a 30-day FHA Feasi- bility Commitment was received on the Stewart Arms Apartments Project and that commitment had since been extended another 30 days, expiring on August 3rd. He said if the project is not to be lost completely, they would have to be able to show some substantial progress by that date, and are asking Council for assistance in complying with the Au- gust 3rd deadline. He reviewed the past actions that were taken in connection with this project, including the pasSage of Resolution No. 21-71, which ap- ~proves participation by local housing owners in the Federal Rent Sup- plement Program. He said that additional land has been contracted for in order to meet the density and parking requirements for the proposed 208 units, and that this 208 includes 80 two-bedroom; 104 three-bed' room and 24 four-bedroom units. Following lengthy discussion, Mr. Weekes moved to reaffirm Council's approval of Resolution No. 21-71, passed and adopted on May 24, 1971t in connection with the cOnstruction of the 208 units by Stewart Arms Apartments under the Federal Rent Supplement Program, The motion 'was· seconded by Mr. Youngblood and upon call of roll, Mr. Scheifiey, Mr. Weekes, Mr. ¥oungblo6d and. Mayor Saunders voted in favor of the motion and Mrs. Martin was opposed. Col. Theodore Poole, Chairman of the Planning and Zoning Board, reported, that the Site Plan Application for these 208 units would have to be' submitted by M_onday, June 19th, if a Public Hearing is to be held on August 3rd. ~5. Rev. Sennnie Taylor said there is a definite need for housing in De!ray Beach as there are many instances where several families are living in one' house. · Regarding. Sanitary 'Se%~'ers, he asked if it is now economically fea- sible to extend the lines ~o tke Jefferson ~%anor area. Mrs. Msrtin reported tlhat t¥~is was one of the items she had cam- paigned for and the last 'time she had checked intc it, she was inform- ed that it has now reached, the point where it is economically fea- Sible to extend the sewer lines to that area. -1- 7-12-7! The City Manager reported that some time ago Council authorized Russell & Axon, Consulting Engineers, to make a three-phase study for the City, consisting of (1) the City's new Sewerage Treatment Plant; (2) a study with regard to providing sanitary sewers in all developed sections of the City that do not have sewers and (3) a rate study for water and sewer to finance the installation of new sewer and/or water services. He said that he was notified this afternoon by Mr. Klinck of Russell & Axon that they are now nearing the conclusion of the rate study and also the sewer study, and that in a very short time the City will meet with them and receive their report on same. Rev. Taylor asked if it would be possible to get a road through to 10th Street near the Catherine Strong Community Center to make it more convenient for the residents in that area. The City Manager reported that the City has prepared plans and~ specifications for the paving of S. W. 17th Avenue from S. W. 10th Street to S. W. 6th Street and that bids for that improvement will be opened on Wednesday, July 14, 1971. 6.a. Regarding the request from the City Improvement Coordinating Coun- cil for financial assistance from the City in connection with the pro- posed program to attempt to research the cause, solutions and preven- tions of NEIGHBORHOOD POLLUTION, the City Attorney submitted his opin- ion to Council dated July 12, 1971, that the City cannot legally ex- pend monies for the City's responsibilities through the City Improve- ment Coordinating Council, which organization is entirely outside the administration's control. Concerning Item II, "Immediate Needs", listed below, from 'the out- line presented by the City Improvement Coordinating Council, the City Manager explained what the City is doing or could possibly do concern- ing each item. A. Cleaning up of target area B. Installation of walkihg patrolmen C. Resurfacing of needed ~ roads D. Construction of a. sidewalks b. roads c. through way to Northwest Fourth Street d. two public parking lots e. Southwest Drainage System f. commun ~ty playground E. Better maintenance of City-owned property in the target ne ighborhood F. Enforcement of or creation of adequate City ordinances G. Establishment of some form of rent control laws H. Enforcement of or creation of minimum housing code I o Enforcement of laws pertaining to community health, (eating places, food stores, homes and apartments) Mayor Saunders said there had been numerous things provided for that area of town during the past year and enumerated many of them such as the establishment of the Housing Authority, appoint~nent of the five Commissioners for. same and approval of an application from the Housing Authority for 350 dwelling units; HUD approval of a $386,000 grant for the propo.~ed Storm Drainage PrOject; sale and rezoning of city-owned land for low-income housing; purchase of land adj'acent t© the Teen Town Center; purc}~ase of an air-conditioning unit for the Catherine Strong Co~unity Center; author{zing paving a po~%ion of S. W. 17th Avenue; approval of the Drainage Project Plans; extension of time for two years for construction of a buil~ng for the Community Child Care Center on land ].eased from the City; approval of a Com~nunity Renewal Program ap- plication to be- submi%te~ to HUD; approval of a Workable Progr~ Applica- tion; approval of a Re~t Supplement Program; approval of $3,500 for -2- 7-i2-71 Clean-Up Program in connection with the school; and approval of the use of the Community Center kitchen by the Community Action Council in con- nection with the Food Supplement Program. Mr. Norris Spells, who submitted the proposal of the City Improve- ment Coordinating Council, took exception to the amount of work that is being done for that area of to%u~ in relation to the amount that he feels should be done. 6.b. The City Manager rePorted that construction of the beach revetment by the Department of Transportation makes it necessary to relocate three water wells that supply water to the East Side Swimming Pool, the cost of same being approximately $2,500. He reconunended that authorization be given for this work with the funds to cover said cost being transferred from the General Fund Contingency Account to the Parks and Recreation Account. Mr. Scheifley moved that the three water wells be relocated for the East Side Swinuming Pool at a cost of $2,500, with the funds being taken from the General Fund Contingency Account. The motion was seconded by Mr. Youngblood and unanimously carried. 6.c. City Manager Mariott reported that' an attempt was made by the City, on May 15th, 22nd and at other times, to conduct the local Housing Needs Survey by use of volunteers. Although numerous individuals and groups were contacted, along.with newspapers and radio stations, regarding the need for volunteers, a total of only 19 individuals presented themselves to take part in the survey. He said it would seem impossible to stimulate enough local interest to conduct this survey on a volunteer basis, and since information pro- vided by the questionnaire would prove invaluable in answering questions voiced by many individuals and needed for official purposes from time to time, it is recommended that $1,000 be allocated for the purpose of con- ducting the local Housing Survey and if approved, funds to cover the cost of same should be taken from the General Fund Contingency Account. Mrs. Martin moved that the funds in the amount of $1,000 be allocated for the purpose of conducting the local Housing Survey and that said funds be taken from the General Fund Contingency Account. The motion was sec- onded by Mr. Weekes and unanimously carried. 6.d. The execution of an agreement with the Lake Worth Drainage Dis- trict to permit installation of water and sewerage facilities on Dis- tric% lands to serve High Point, Bati-Service and nearby areas was unani- mously authorized, as recommended, on.motion by Mr. Weekes and seconded by Mr. Youngblood. 7.a. The city Manager reported that a petition has been received, sign- ed by three property owners,· requesting the paving of that part of N. E. 3rd Avenue lying North of N. E. 22nd Street to the dead end. The peti- tioners proposed sharing equally with the City in the ccst of ~this im- provement, and the City Manager said that since it is the city policy to pay 20 per cent of the cost only, recommended that this petition be denied as submitted. Attorney James H. Nowlin, Jr., was present representing the peti- tioners of the East half o~ the property f~ Said petition was unanimously denied, as recommended, on motion by Mr. Youngblood and seconded by Mr. Scheifley. 7.b. City Manager Mariott reported that an application has been received from Nelson. E. Coons, 3011 NorL~heast 57th Court, Fro Lauderale, Florida, for annexation of portions of Sections 13 and 24, Township 46 South, Range 42 East, with 311.3 acres being zoned RM--2 and 42.42 acres being zoned P~-i, Multiple F~]ily'Dwelling Districts. Pie reco~mended that this request be referred to the Planning and Zoning Boa'].~d for study and recom- men d at ion. Mrs. Martin said that since ~.:he Planning and Zoning Board is still working on a Master Plan and one of the things thes~ are particularly work- lng on 'is density, an,~ since this is such a large tracu anc] all of it -3- '?-! 2-'71 being Multiple Family Zoning, she would move that this request be tabled for six months until the Master Plan is thoroughly completed and the recommendations on same are received from the Planning and Zoning Board. The motion was seconded by Mr. Weekes and upon call of roll, Mrs. Martin, Mr. Scheifley, Mr. Weekes and Mayor Saunders voted in favor of the mo- tion and Mr. Youngblood was opposed. 7.c. Council received a letter from Mr. Martin Saunders, General Man- ager of Jerry Earl Pontiac, Inc., requesting permission to locate a mobile trailer at 2400 S. Federal Highway, to be used as the Body Shop Office for a period of approximately four months. The City Manager recommended that this request be referred to the Planning and Zoning Board for a public hearing and recommendation in accordance with re- quirements of Section 29-15 (e), Chapter 29 of the Code of Ordinances. -~ Said request for use of a trailer was unanimously referred to the Planning and Zoning Board, as recommended, on motion by Mr. Youngblood and seconded by Mrs. Martin. 8.a. City Manager Mariott presented ORDINANCE NO. 18-71. AN ORDINANCE OF THE CITY OF DELRAY BEACH RELATING TO BUILDING CODE, AMENDING SECTION 105.4 PLOT DI- AGRAM, OF SECTION 9-1.2, CHAPTER 9 OF THE CODE OF ORDINANCES ~HICH IS A REVISION OF SECTION 105.4 OF THE SOUTHERN STANDARD BUILDING CODE BY ADDING A REQUIREMENT FOR RECORDING A UNITY OF TITLE DEC- LARATION AS A PREREQUISITE TO THE OBTAINING OF A BUILDING PERMIT, FOR A BUILDING SITE MADE UP OF SEPARATE LOTS, PLOTS, PARCELS OR PORTIONS THEREOF. Ordinance No. 18-71 was unanimously placed on first reading, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 8.b. The City Manager presented RESOLUTION NO. 24-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR INSTALLATION OF A PIPE LINE ACROSS THE RIGHT-OF-WAY AND UNDER THE TRACKS AT N. W. 2ND STREET; ALSO FOR INSTALLATION OF TWO PIPE LINES ACROSS THE RIGHT-OF-WAY AND UNDER THE TRACKS AT LAKE IDA ROAD, OF THE SEABOARD COAST LINE RAILROAD COMPANY. (Copy of Resolution No. 24-71 is attached to the official copy of these minutes.) See Page l~2-A. .~ Resolution No. 24-71 was unanimouSly passed and adopted on first and final reading, an motion by Mr. Weekes and seconded by Mr. Youngblood. 9.a. City Manager Mariott reported that on April 26, 1971, the Council considered a petition for annexation of the NE¼ of Lot 6, Section 20-46- 43, with PJ~-iA zoning, which is a five-acre tract located just South of Pine Grove Elementary School. He said the developer proposes to construct town 'houses, 8 units per acre, under the auspices of the Ft~_A, to be used for low-income hous- ing. This request was referred to the Planning and Zoning Board for study and recommendation and said Board at its May 18th regular meeting recon%mended said annexation by a split vote of 3 to 2. Further, reconsideration by the Planning and Zoning Board was requested by the City Council, and that Eoard by a tie 'vote of 3 to 3 on July 6th, fail- ed to pass a motion that the applicant's request be 9'ranted. Mr. Spencer Pompey, a member of that Board who ~had previously voted in favor of said annexation, was not present at the July 6th meeting. -4- 7-12-71 111 Also, another member, Mr. L. W. Cook, who voted in favor of said annex- ation at the July 6th meeting, made it known to Council, by letter dated July 9th, that he is opposed to that annexation. Attorney E. L. Fields, the applicant, was present and explained how he thought the annexation and development of this property would benefit the City. After lengthy discussion, said request for annexation was denied on motion by Mrs. Martin and seconded by Mr. Scheifley. Upon call of roll Mrs. Martin, Mr. Scheifley, Mr. Weekes and Mayor Saunders voted in favor of the mo%ion and Mr. Youngblood was opposed. 9.b. Regarding a request for rezoning a 10-acre tract of land in the SW¼ of Section 17-46-43, also known as the School Board Tract, located between S. W. 2nd and 3rd Streets and S. W. 9th and 10th Avenues, from R-1 to RM-1 (Multiple Family Dwelling District), the City Manager reported that Council at its June 8, 1970' meeting considered the Planning and Zoning Board's recon~endation that this request be denied and passed a motion to table this request for six months. Said request was reconsidered at the December 14, 1970 meeting and tabled for another six months, and-then at the june 14, 1971 Council meeting was referred back to the Planning and Zoning Board for further consideration and recommendation. He further reported that the Planning and Zoning Board, at its July 6, 1971 meeting, unanimously voted to sustain the recommendation at its June 2, 1970 meeting to deny this request. The Planning and Zoning Board's recolmmendation was unanimously sus- tained, and the rezoning request denied, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 9.c. Concerning a request presented to Council June 14, ].971 from Mr. Dan Burns of Dan Burns Oldsmobile, Inc., for abandonment of a portion of Avenue A in Del~Raton Park, adjacent to his property and lying between Old Dixie and South Federal Highways, the City Manager reported that the Planning and Zoning Board, at its July 6, 1971 meeting, unanimously recom- mended that said request be denied; further, that all the members agree that the right-of-way will be needed for access between U. S. No. 1 and Dixie Highway in the future. The Planning and Zoning Board's .recommendation was unanimously sus- tained, on motion by Mr. Youngblood and seconded by Mr. Weekes. 9.d. City Manager Mariott reported that on July 6, 1971, Mr. Robert C. Reed, oWner, with Mr. Dan O'Brien, Engineer, and Harry Newitt, Attorney, appeared before the Planning and Zoning Board with the Preliminary Plat of PINE LAKE' ESTATES, requesting approval for the excavation of a 15- acre lake adjoining the E-4 Canal on the East side, to be located between S. W. 12th Street and Germantown Road. Further, though the City Engineer had recommended against the re- quest, after hearing testimony from Messrs. James H. Ranson, Manager of the Lake Worth Drainage District, and Dan O'Brien, Engineer, the Planning and Zoning Board unanimously recommended that the Preliminary Plat be approved, subject to certain conditions enumerated on the Plat, those conditions being (1) the Plat is approved for grading purposes only;-(2) the title to no portions of the property are to be recorded or transferred Unless the Plat is amended; (3) amendments are subject to Preliminary Plat procedure; (4) the applicant would post a $100,000 Bond with the City. of Delray Beach to cover grading and excavation; and (5) a 23-foot strip~ along Congress Avenue to be reserved for future road right-of-way. The applicant said that he was agreeable to those five conditions. The Uretiminary Plat was unanimously approved, as recommended by the Planning and Zoning Board and as outlined by the City Manager, on motion by Mr. ¥oungblood and seconded by Mr. Scheifley. 9~e. City Manager Mariott reported that the Planning and Zoning Board at its July 6, 19'71 meeting recommended tentative approval of the F~nal -5- 7-12-71 Plat of Rosemont Gardens, Unit "B", subject to meeting all engineering requirements and posting of bonds and he recommended that the Planning and Zoning Board's recommendation be sustained. The Final Plat of Rosemont Gardens, Unit "B" was unanimously ap- proved, as recommended, on motion by F~s. Martin and seconded by Mr. Youngblood. 10.b. The following Bills for Approval were unanimously approved for payment, with the exception of Mrs. Martin objecting to payment of In- voice No. 9381, Benson Superior Building Maintenance in the amount of $1,065.00, on motion by Mr. Weekes and seconded by Mr. Youngblood. General Fund $ 97,267.60 Water Revenue Fund 200,000.00 Cigarette Tax Fund 10,047.72 Utilities Tax Revenue Fund 5,440.00 Capital Improvements Construction Fund 216,044.63 Special Assessment Fund 1,235.70 Refundable Deposits Fund 1,611.61 Beautification Fund ~ 137.00 The meeting adjourned at 9:15 P.M. HALLIE E. YATES City Clerk AP PROVED: ....... -..~ Q'/ MA Y O ~ l12-A RESOLUTION NO. 24-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELP~AY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENrf FOR INSTALLATION OF A PIPE LINE ACROSS THE RIGltT-OF-WAY AND UNDER 'iT{E TRACKS AT N. W. 2ND STREET; ALSO FOR INSTALLATION OF TWO PIPE LINES ACROSS THE RIGHT-OF-WAY AND UNDER THE TRACKS AT LAi<E IDA ROAD, OF TILE SEABOARD COAST LINE RAILROAD COMPANY. BE IT RESOLVED, by the cit~ Council of the city of Delray Beach, Florida, a Florida municipal corporation, as follows: 1. That the City of Delray Beach, a municipal corporation of the State of Florida, does hereby contract and agree to enter into an agreement with Seaboard Coast Line Railroad Company, where- in and whereby the said City of Delray Beach is given the right and privilege to install and maintain, fom the purpose of two water mains and a sewer main, lines o? pipe across the right-of-way and underneath tracks of Licensor at Delray Beach, Florida, at the fol- lowing locations: 1. Water Main - a line of 18-inch cast iron pipe, encased in a 30-inch steel pipe conduit, at a point 1,930 feet southwardly measured along the center line of Licensor's main track from Mile Post SX-987, (N. W. 2nd Street) as shown on drawing prepared by Russell & Axon Consulting Engineers, Inc. dated February 23, 1971. 2. Sewer Main - a line of 14-inch cast iron pipe en- cased in a 24-inch steel pipe conduit, at a point 4,755 feet southwardly measured along said center line from Mile Post SX-986, (Lake Ida Road) as shown on drawing prepared by Russell & Axon Consulting Engineers, Inc. dated February 23, 1971 and revised April 2, 1971. 3. Water Main - a line of 20-inch cast iron pipe, en- cased in a 30-inch steel pipe conduit, at a point 4,799 feet southwardly measured along said center line from Mile Post SX-986, (Lake Ida Road) as shovrn on drawing prepared by Russell & Axon Consulting Engineers, Inc. dated February 23, 1971 and revised April 2, 1971. 2. It being further understood that the installation and maintenance of said water lines and' sewer line shall be in accord- ance with conditions as set forth in the 'Agreement for Municipal Pipe Line', dated May 14, 1971, as prepared by the Licensor, and which is attached hereto and made a part hereof. 3. That this Resolution shall 'take effect immediately upon its passage. PASSED AND ADOPTED this 12th day of July, 1971. ,MAYOR ATT-E S T: City Clerk