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05-04-56SpMtg MAY 4TH, 1956 A Special Meeting of the City Commission was held in the Commission Chambers at 4:00 P. M., with Mayor Mike Yargates in the Chair, City Manager W. E. Lawson, Jr., City Attorney Hohn ti. Adams and the following Commissioners attending, Catherine E. Strong, W. J. Snow, Emory J. Barrow and Howard Lee Cromer, the full Commission being present. City Manager Lawson read ~esolution No. 1006. H~SOLUTION NO. 1006 A iAESOLUTION OF TtiH CITY COMMISSION OF THE CITY 0t. DELSEY BLACH, FLOi~IOA, ~QU~S'flNG COUNTY COMMISSION OF PALM BEn, CH COUNTY COMMISSION TO CONVEY TO DEL~(AY BEACH, FLO~(IOA, AND BOYNTON BEACH, FLORIDA, AS JoiNT TENANTS, WITHOUT ~ON~TA~Y PAY}lENT, CERTAIN COUNTY L,~NoS OWNED 1N TH~ V1CINiTY OF BOTH CITIES TO DE USED JolNTLY BY BOTH CITlkS Fo~ PUBLIC PURPOSES TH4 SAbl~ INCLUDING AN AI~i Si'~IP. ~{E~AS, The City of Oelray Beach, Florida, and the City of $oynton Beach, Florida are Municipal Corporations in South Palm Beach County, and WHEilEAS, the contemplated growth and development of said cities will require additional public lands to be used for public parks and other' public purposes, and WHEHEAS, there is no airport or sir strip within the near vicinity of said cities and this area is not readily 8ccessible by sir, and WH4H~A~, it is deemed by the City Commission of the City of Oelray Beach, Florida, that the acquisition and installation of an air strip will promote and be advantageous for the growth and development of the area in the near vicinity of Delray Beach, Florida, and Boynton Beach, Florida, and WHerEAS, the County of Palm Beach owns certain undeveloped land in the vicinity of said cities, a part of which could be advantageously used for such an air strip, park area and other public purposes, said parcel being described as follows, t~-wit: That part of Section 5, Township 46 South ~ange 43 East lying West of the Seaboard Aid'line Railway right-of-way, excepting therefrom the West one-quarter of said Section 5. NOW THEitEFOi~, BH Ir ~SOLVEI) by the City Commission of the City of Delray Beach, Florida, that said Commission requests the Honorable Board of Palm Beach County Commissioners to convey to the City of Delray Beach, A'lorid. a, and the City of Boynton Beach, 'Florida, as joint tenants, without cost to the said cities, the above described property to be used by said cities as an airport or air strip, park and for other municipal public uses related the reun to. BE IT Fi$~Tii~l FJ~SOLVED that John H. Adams, City Attorney of the ~ity of Delray Beach, Florida, is hereby authorized and directed to proceed to act as this City's representative to app,,ar before and negotiate with the said Board of County Commissioners in an effort to procure said land for the purposes herein stated. PASSED AND ADOPTED by the City Commission of the City of Delray Beach, ~lorida, in special session, this the 4th day of May, A. D. , 1956. 7O ~Y 4TH, 1956 /S/ Mike Yargates M"A"'Y 0 I( ATI:EST: Worthin City clerk There followed some discussion on this issue with Commissioner Snow expressing his understanding and desire that the Town of Gulf Stream be included in this Resolution. Mr. Wm. F. Koch, Jr,, of Polo Drive, Gulf Stream, expressed the desire of Mr. Lindsey and the 6ulf Otream Council to be in- cluded along with Delray Beach and Boynton Beach in a joint re- quest to the Board of County Con~nissioners concerning a grant of County owned land in the area of Lake Ida. Mr. koch was £urn- ished a copy of Resolution No. ,1006, and thought it possible that he might arrange a meeting with the Gulf Stream official body over the week end and cause a similar Resolution to be adopted for presentation by a Gulf Strew appointed representative, along with the Delray Beach-Boynton Beach delegation, to the County Commission at a meeting scheduled to be held in West Palm Beach at 10:30 A. M., Monday, May 7th, 1956. Commissioner Snow then moved for adoption of Resolution No. 1006 on its first and final reading. The Mayor expressed a desire for deletion of "the same including an air strip" from the Caption of, and Resolution No. 1006, and upon receiving no further discussion, relative thereto, in response to his solicitation thereof, heard said motion seconded by Commissioner Barrow. Upon Call of Roll - Mayor Yargates abstained, Com- missioner Snow, Barrow and Strong voted in Favor thereof. Com- missioner Cromer being opposed. Motion carried. The City Manager then read a letter, dated April 24th, 1956, From Mr. Frank E. Watson, of ~atson & Deutschman, archi- tects an&.~gineers, on behalf of Sea-~ay, Inc., accompanied by a sketch of the proposed cabana club showing the set-back for the new addition to be two feet from the easterly R/W line of AIA, as had been requested by the City Commission a~ its regular meeting held on ~pril 23rd when said Commission granted aset-back deviation, but denied the request of Sea ~ay, Inc., for permission to construct a bulkhead. Mr. ~atson submitted a revised sketch of the proposed re- location got a sea-wall to be constructed in that part of Sec- tion 21-46-43 lying East of A1A and within the North 395 feet thereof, and on behalf of Sea ~ay, Inc., requested the City Commission to reconsider its action as taken in the meeting of April 23rd, as pertains hereto, and approve the sea-wall as now proposed and shown on the revised sketch presented herewith. Commissioner Strong reiterated her previous comment relative to a grant of such bulkhead request or any similar bulkhead request ~ithin the City limits, definitely not being in favor of such grants and believing that the City o£ Delray Beach would err in effedting any bulkhead request within its bound- aries, without first having made all possible study of future damaging results which might be attributable to a constructed bulkhead, consulting all known sources of information and experience relating to activities of the Ocean as concerns the East Coast of the nation. The City Attorney suggested that, to avoid any possible or technical liability (legal wise) if the Commission felt that a demand might be presented by Sea Ray, Inc& for a bulkhead permit, a tsntative Bulkhead Line could be established, pending further study of this issue toward effecting a p~ssible and proper solution for the best interests of all concerned. Commissioner Barrow then moved that the City ~anager be instructed to enter into a careful study of this problem, con- sulting all possible sources of information, advice and caper- 71 FL4Y 4Ti!, 1956 ience, to specifically include the U. S. Corps of knfineers tO- gether with any Group from the University of Miami and/or the University of Florida which may be interested in the study re- latin~ hereto. Motion was seconded by Commissioner Snow and unanimously carried. Building Inspector ii. A. Hughson requested clarification of Para. 3, Section 13 in the "Zoning Ordinance G-~34" as it affects Lot 9, Sec. 8-46-43 and all similar lands. Commissioner Cromer moved that the Building Inspector issue permits for construction ONLY when "Deeds" for ii/W purposes are on file in the office of the City Clerk, and otherwise reflecting full compliance with legal interpretation of said Para. 3, Section 13, of the City of Delray Beach Zoning Ordinance No. G-234. Motion was seconded by Commissioner Strong and unanimously carried. Meeting adjourned. ~S/ ii. u. Worthing City Clerk APP/t0VkD: MAYOR