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09-10-56 September 10th, 1956 'A Regular 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 John H. Adams and the following Commissioners attending; Catharine E. Strong, W. J. gnow, ~mory J. Barrow and ~oward ~ee Cromer, a full Commission being present. An opening prayer was delivered by Rev. 2. T. Hayes. Commissioner Cromer moved for approval of the Minutes for August 27th and 31st meetings. Motion was seconded by Commissioner Snow and unanimously carried. City Manager Lawson then read excerpts from the minutes of a recent meeting held by the Boating and Sportsmans Club submitted to him by Mr. Bill Woehle. Commissioner °now then moved that the sketch reflectigg the proposed usage and development of city property near U.S. ~1 and South 10th Street, now being used as a boat ramp, by %he Boating and Spor%smans Club be referred to the Planning and Zoning Board for 'its s~udyand recommendation. ~otion was seconded by Commissioner Barrow and unanimously carried, The City Manoger then read a request from ~r. J. Wells who desires to utilize Lots 16, 17 and 18, in Block 79, for the manufacture of cement roof tile. Commissioner Cromer, accepting the recommendation of the City Manager, moved that this request be referred to the Planning and Zoning Board for its recommended action concerning land use of this specific area. Motion was seconded by Commissioner Barrow and unanimously carried. City Manager W. E. Lawson Jr., then submitted Resolution No. 1025, regarding adoption of the proposed 1956-1957 Budget. Commissioner Snow requested that one mill be added to provide additional funds for immediate curb, gutter, street paving and sidewalk construction. Commissioner Strong expressed doubt that such action should be taken in as much as the public hearing concerning said Budget has al~ead, y been held. The City Manager reminded the Commission that the Charter provide~ for the adoption of the Budget at the first regular meeting of the Commission in September of each year. Commissioner Cromer suggested the possibility of using present idle funds, now on deposit, for purchasing Certificates of Indebted- ness there by benefitting, dollar wise, due to $~ interest applying to such certificates, assuring immediate return of Special Assessment Funds which would enable the city to extend its street improvement program. City Manager Lawson then read Resolution No. 1025. RESOLUTION NO. 1025. ~ ~LESOLUTION MAKING APP~{OP~tlATiON OF SUMS of MONEY FOR ALL NI.~CESSA~iY LXPENDITU.~ES Ob' 1'lie CITY OF I)b~.LtiAY BLoC[t, FLO~(II)~, I.'0t( THE PE~tIOD b'~uh THE ~ ST DAY OF OCTOBEt~, 1956. TO T.:E 30th DAY OF SEP- TLMBE~, 1957; TO PIIESCRIBE THE TE~S, CONDITIONS AND P~(0VIS]ONS t/ITl! itLSPECT TO TIlE ITEMS OF APPROP~tlATION AN0 TtlEI~( PAlffIENT: AND TO I[EPEAL ALL t(ESoLUTIONS WHOLLY IN CONFLICT WITH THIS ~ESOLUTION, AND ALL ~tESOLUTIONS INCONSISTENT WITIi THIS RESOLUTION TO TILE EX- T~NT 0F SUCtt INCONSISTENCY; AND TO LEVY A TAX ON ALL P~t0PEi{TIES WITIIIN THE CITY OF DEL~-tAY B~,~CIi F0~t MAINTENANCE AND OPE,t~TION, TO LEVY A TAX FOR THE P,~YMENT OF P~tlNCIPAL ~kND 1NTE~tEST ON BONDED INDEBTb. DNESS AGA1NST THE Pih~PE~lTY LOCATED IN IliE F0~iE~l CITY OF DEL~L~Y, aND TO ALLOCATE AN0 ,d'P~i0Pi(IATE SAID) COLLECTIONS THE~iEUNDE~t. SEPTEMBE~ I0th, 1956 Commissioner Strong then moved that the 1956-1957 Budget, as presented by t~e City Manager and incorporating amendments thereto affected at the public hearing of the proposed Budget held on august 31st, be adopted. Motion was seconded by Commissioner Cromer. Upon Call of i(o11, Mayor Yargates and Commissioners Strong, Cromer and Barrow voted in favor thereof, Commissioner °now being opposed only as concerns failure of the Commission to approve an additional mill levy' for added street improvement. Motion carried. Commissioner Barrow then moved that an Amendment to the Budget be affected, providing one (1) additional mill levy on all property within the City to provide for further street improvement, if the City Attorney considers such action being legal, and further that if such amendment is decided to be in order, the City Clerk 'is instructed to again advertise for a public hearing on such an amendment. Motion was seconded by Co~missioner Snow. Upon Call of Roll - Mayor Yargates and Commissioners Barrow, Snow and Cromer voted in favor thereof, Commissioner Strong being opposed thereto in the belief that such action would be illegal and not in conformance with the City Charter. Motion carried. Att'y. Rhea Whitley, representing Mr. Edward o. Nobbe, then read a letter from an owner of property adjacent to that of Mr. Nobbe, expressing no objection to Mr. Nobbe's proposed non- conforming addition to a garage at Casuarina ~oad and Ocean Blvd. City Manager Lawson informed Att'y. Whitley and the City Commission of tile Planning/Zoning Board's recommendation concerning this matter; "It is understood that this is a lot of record sic;ce prior to Whe recent re-zoning ordinance. This lot has a frontage less than the 95Ct required for H-1AA corner lots, and its area is less than the required sq. footage of 9500 Sq. Ft. (being approx. 8460 Sq. Ft.) The existing garage, on which it is proposed to build a second storey is 4 feet from the nearest property line, and therefore non-conforming. Since the proposal concerns only a second floor on the non- conforming building, and the frontage and lot area qualify for some special consideration, and the neighbor to the West has indicated no objection to such addition, the request seems a reasonable one, The Board recommends that the request be granted, but that the written consent of the neighbor to the West be filed with the city as a provision of the deviation". - Conm~issioner Barrow moved for acceptance of the Planning/ Zoning Board's recommendation and to grant Mr. Nobbe's deviation request. Motion was seconded by Con~nissioner 3now and unanimously carried. Commissioner Strong moved that Bills in the sum of ~37,871.05 be paid subject to the approval of the Finance Committee. Motion was seconded by Commissioner Cromer and unanimously carried. Commissioner Strong moved that the bill for legal services rend- ered by Att'y John H. Adams in connection with providing for the an- nexation of Tropic Isle S/D. in the sum of ~500.00, be approved and paid out of Unappropriated Ourplus. Motion was seconded by Commissioner Barrow and unanimously carried. Concerning the annexation of Tropic Isle S/D, Mayor Xargates commended the City Attorney for his efforts and services rendered in connection with said annexation which resulted in a very satisfactory increase to the corporate limits of the City of Delray Beach. SE-PTEMBER 10th, 1956 The City Attorney read a rough draft of a twenty-five year lease arrangement for a parcel of city owned land as proposed by the Little Theatre Group. Commissioner Snow requested that the City Attorney submit a detailed and complete proposal from the Playhouse Group for study and consideration by the Commission. Mayor Yargates further suggested that Hr. Robert Blake be requested to a[tend the next regular meeting of the Commission for comment on such proposal. Hayor Yargates announced there would be a meeting in Orlando on September 27th regarding a 4-year college being considered for location in Southern Florida, and further stated that Boca Raton has taken steps to make an attractive offer for encouraging location of said college in the Boca-ilaton area. Hr. William ~Bill) Koch is also working on a plan in the hopes of being able to offer approxi- mately 500 acres ~donation) as possible inducement for location of said college in the Delray area. Hayor Yargates expressed a d~sire that the entire Commission accompany him to 0rlando in this connection or to go on record as being in favor of inviting the college to locate in Delray Beach. Commissioner Snow moved that ali Cotamis,;-l,,n }lembers who c:~n possibly attend t5~ meeting in 0rlsndo, plan to do so in company with the Hayor and take all possible steps to encourage considera- tion of the College Group for location of such activity in the Del- ray Beach area. }lotion was seconded by Commissioner Strong and unani~, ously carried. City ~ianager Lawson then read a letter from the Chnmber of Commerce concerning the widening and improvement of ~est Atlantic Ave., due primarily, to the State Turnpike project. DELIt, AY BEACIi Cih~lklI~t 0F CO~I~JfCE i)elray Beach City Commission September 7, 1956 Delray Beach, Florida Gentlemen: At their regular meeting, today, the Board of Directors of the Delray Beach Chamber of Commerce seriously discussed the great importance that west Atlantic Avenue and County ~oad number 806 will have to the Delray Beach area following the opening of the new ~outh Florida turnpike.. We have contacted the County ~ommission regardin~ their improvement of County ~toad 806. However without your cooperation in the improvement of West Atlantic Avenue their efforts would be wasted. We urge you to give your most immediate consideration to this project so that the many thousands of visitors to Delray Beach will have easy access to this area. We urge your immediate attention to this matter. With personal regards Yours very sincerely~ W. F. koch, President .74 SEPTE~IBER 10th, 1956 Commissioner Strong then recommended that a resol~tion be pre- pared, concerning this project, for submission to the County 6om- mission. This item was referred to the City Hanager who was instructed to contact Hr. Ben Sundy, of the County Commission, for recommended procedure. In response to Commissioner Snow's inquiry re.garding the city wide "Clean-Up$ program, it was agreed that Mayor Xargates and City Hanager Lawson would work with the Garden Clubs of the city to en- courage such activity. Hee ting adjourned. /S/ R.D. Wo,.rthing City Clerk APPROgED: HAY0 R