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07-23-56 141. JULY 23itD, 1956 A Regular Meeting of the City Comission vas held in the Comission Chambers at 7:30 P. M., ~rlth Mayor Mike Yargates in the chair, City Manager W. E. Lqvson Jr., City Attorney John H. Adams and the folloving Commissioners being present: Catherine E. Strong, W. J. Snov, Emory J. Barrov and Hovard Lee Cromer, a Full Commission being present. An opening Prayer vas delivered by Chaplin J. T. Hayes. Commissioner Strong moved for approval of the Minutes For the July 9th and 14th Meetings, as vritten. Motion vas seconded by Commissioner Snov and unanimously carried. City Manager g. E. Lavson Jr., then recommended to the City Commission that the Contract, avarded to Riviera Pools For the construction of the Vestside Svimmlng Pool, be in- creased by {260.00 to cover inclusion of black tile racing lines on the bottom of the pool which would be permanent lines rather than the original intention of painted lines necessitating periodic replacement. This contraxt award vas made at the regular meeting held on July 16th, 1956. Comissioner Snow moved for acceptance of the City Managers recommendation and the approval of the Minutes for the Meeting of July 16th, amended to incorporate the Hanager's recommenda- tion. Motion vas seconded by Consnissioner Cromer and unani- mously carried. Att'y. Harry A. Johnston appeared before the Commission on behalf of the International Register Comp. any, owners of improved property on Lot 14, in Crestvood S/D, requesting re- consideration, by the City Commission, of an application for a permit to reconstruct the sea wall on the above described property, and further advising the Commission that the appli- cation does not propose any change in the location of the - present sea vail and that the intended or desired construc- tion is not setting a ney sea vail or bulkhead line, but is designed soley to replace and strengthen the existing sea vail for additional protective measures deemed not to be sufficient under the present construction. Att'y. Johnston further advised that he had~contacted the Yumuediate and adjacent property owners, none of whom offered any protest to the proposed reconstruction and capping of the present existing sea vail, which, in effect, is nothing more thanaretainlng wall. Commissioner Snow moved that the request be granted con- cerning the application for Permit to reconstruct the sea vail, as designed, to provide further protective measures for the property involved. No action vas taken thereon as the motion vas not seconded. Mayor Yargates and Commissioners Strong and Cromer ex- pressed their desires as Commission Members, to protect the property of ALL property owners fro~ damage which could, in any manner, be attributable to having permitted construction of sea walls or bulkheads on improper location. The City Attorney remined the Commission that a Bulk- head Line must be established within the City Limits in order that 'the Commission be in a position to properly process siml~lar ap)llcations which obviously viii be presented from time to time, and that such Bulkhead Line should be established by Ordinance, thereby creating a legal instrument in conformance with which, all such requests as that of Att'y. Johnston's and those similar thereto may be acted upon. The City Attorney further recommended a survey to de- termine proper elevation to be recognized in establishing a Bulkhead Line. Commissioner Strong expressed being in favor of employing necessary professional aid to enable the City of Delray Beach .42 JULY 23RD, 1956 to establish the proper Bulkhead Line. City Manager Lawson advised the Commission that careful study of this matter is no~ being made and ~s a result of extensive investigation, along with Mr.. Steve Middleton of the County Commission, and believed that a recommendation, based upon such survey and study, concerning location of Bulkhead Line could be presented at the next regular meeting and it would then be in order to suggest such recommendation to the U. S. Corp of Army Engineers for their approval, as any such Bulkhead Line, before establishment, must be approved by the County and th US Corps of Army Engineers. Commissioner Cromer recommended that as soon as the City Manager and Steve Mlddleton .have completed their study .and survey that some capable engineer be employed to create a topography map of the beach area. City Manager Lawson believed that such report would be - presented to the Commission at the next regular meeting, re- flecting their recommendation based upon such extensive study and .consultation with available individuals experienced in bulkhead construction and resultant effects thereof. The Co~mission assured Att'y. Johnston that immediate steps would be t~ken to effedt an early establishment of a Bulkhead Line and would further apprecizte his co-operation in delaying a final decision on the application involved and further, that this will be brought up at the next regula~ meeting. City klanager Lawson then brought up, for discussion, N. W. 4th St. construction, said project being in connection with the proposed County Road extending north-westerly to Section 7-46-43, and south of Lake Ida, particularly as said construction concerns specifications. Cozlssioner Cromer then moved that City specifications be waived in favor of County specifications that such con- struction be consistent with the extension thereof by the , County of the proposed County Road. Motion was seconded by Commissioner Snow and upon call of roll - ~tayor Yargates and Commissioners Snow, Barrow and Cromer voted in Favor thereof, Comnissioner Strong being opposed. The City Manager then brought to the attention of th~. Commission a tentative Ordinance pertaining to "Examination ~equlrements" for those seeking a General Contractor's License in Delray Beach, Florida. The Manager further advised that he is now vorking with members of the Association of General Contractors, Palm Beach, County, to effect the most proper and desirable Ordinance, ~hlch is expected to be cpmpleted sometime in August. The Commission agreed to table this matter pending a recommendation by the City Manager. City Manager Lawson informed the Co~ission of Public Law 519, recently enacted by Congress, providing for new licenses and safety regulations for any~'.type of passenger carrying ~essels which would include sports fishing boats. An open meeting, concerning this act of Congress, is scheduled for Monday night, July 23rd, in the Marine Associations of Miami Building. The Commodore of the local Boat Club plans to have a representative there. No action is desired~: this being brought to the attention of the Co~mission merely for infor~native purposes. Commissioner Barrow moved that the requests of Mrs° Clarence Butts be referred to the Planning/Zoning Board for recommendation. Motion was seconded by Commiss/oner Snow and unanimously carried. The City Manager then called for "Hearing of Objections" if any, to Resolution No. 1015, concerning Storm Drain con- JULY 23t~D, 1956 struction in the Andrews Avenue Area, properly advertised as required by the City Charter, which advertisement scheduled this .day - July 23rd, 1956 - for hearing of any objections thereto. NO OBJECTIONS being offered to proposed improvement, as o~t~ined in ~esolution ~o. 1015~ City ~nager then read ~eso- l~tion No. ~019: ~SOLUTION NO. 1019. A ~SOLUTION OF T9~ CITY CO~SION OF T~ CI~ 0F DE~[AY BEA~, F~DA, AUTHORIZING T~ CI~ ~AG~ TO PROCEED ~TH THE CON- STRUCTION OF STO~ D~NS ON ~T PART OF ~D~S AVE~ LYING BE~N AT--TIC AVE- N~ ~D BEACH DilI~, TOGET~R ~ITH THE ST~LATION OF ~CESS~Y CATCH BASINS ~D ~N-HO~S IN CONJUNCTION WITH ~CH STO~ D~INS. ~HE~S~ ~e C~ty Comission of the City of Delray Beach, Florlda~ dtd~ on the 9th day of July, 1956, dete~lne to proceed ~ith the construction of storm dralns~ together ~ith the instal- lation of catch basins and ~-holes in ~njunc~on ~lth such storm dr~ns, on ~at part of Andre~s Avenue lying between 1antic Avenue ~d Beach Drive~ ~d ~EREAS, ~e Resolution (NO. 1015) ~erefor has been duly published as required by the City C~rt~r, together ~ith a notice that objections to said imp~vement would be heard on this date, ~d ~EAS, no sufficient objections have been made to such proposed lmprovement~ NOW, ~E~FO~E BE IT ~SOLVED by the C~ty Co~ission of the City of Delvay Beach~ Florida, that the City H~ager be and he hereby instructed t9 proceed with the construction of store dv~ns on ~at part of A~re~s Avenue lying between Atlantic Avsn~ and Beach Drive~ together with the installation of neces- sa~ catch basins ~d ~n-holes In conjunction ~ith such storm drains, acco~ing to the plans and specifications heretofore filed ~ith ~e City Clerk, and a copy thereof filed in the office of ~e City ~lanager ~d kept open for inspection of the public. PASSED in Regular Session on this ~e 23rd day of July~ A. D., 1956. ~YOR ATTEST: City Clerk ~o~issioner Strong moved that Resolution No. 1019 be adopted on first and f~nal reading. ~otion ~as seconded by Co~ssioner Cromer ~d unanl~usly carried. The City ~a~ger then info,ed ~e Comission of having received the following bids for Sto~ Drain Construet~on~ also for the paving ~provement of Andrews Avenue from Atlantic Avenue to Beach Dr~ve; STOit~l DRAIN PROJECT PAVING Elton Harvel $ 18,900.00 - - - Hardrives~ Inc. 24~525.00 ~ 21,082. Intercounty Construct/on Co. 27,000.00 21,000. 144 JULY 23~D, 1956 STOOl DRAIN P~0JECT PAVING ~ubin Construction Co. $ 26,000.00 $ 22,000, City Manager Lawson recommended that the above Bids be rejected and the City re-advertise for bids on the above provements. Commissioner Snow then moved that Contract be awarded to the low bidder Of each improvement. Hotion was seconded by Commissioner Strong - awarding Contract for Storm Drain Con- struction to Elton Ha~vel in the amount of ~18,900.00, and for Paving Construction to Intercounty Construction Company a- mounting to~21,000.00. Hotion was unanimously carried. The .City ~tanager then read the following Report from the Planning/Zoning Board: 1. Regarding the request of Mrs. Sybil Buckingham to remodel a garage into a small apartment to permit her to possibly rent her present home, the Board felt that such action re- flects a land use not in conformance with present Zoning of that area, and unless considered an emergency issue, should be deferred until early December. Commissioner Strong moved that Mrs. Buckingham*s re- quest be granted due to the fact that a hardship would be created 1£ said request were denied and consider this an emergency measure. Motion was seconded by Commissioner Snow and unanimously carried. 2. The Board recommended denial of the request submitted by Mrs. Bettye C. Lynch for a deviation side-yard set=back of 4.4 ft. on lot 85, Plumosa Park From information submitted by Mr. and Mrs. Lynch, in person, it appears that the plans of the original building, as dra~n, did not conform to the old zoning and would have had to be modified and as a further deviation reques~ was not considered to warrant consideration Commissioner Cromer moved for acceptance of the recommendation submitted by the Planning/Zoning Board and denial of said deviation request. Motion was seconded by Commissioner Barrow and unanimously carried. 3. Commissioner Snow moved to accept the recommendation of the Planning Board relative to the request of Ella Bell Williams for a Duplex Permit on Lot 8, Carver Square~ denying said request at this time, advising Mrs. Williams that this area should be considered as a possible R-2 zone and that hearings relative thereto will undoubtedly be held early in December. Motion was seconded by Commissioner Barrow and unanimously carried. 4. Commissioner Barrow moved to .accept the recommendation of the Planning Board~ granting the permits for Duplex construction requested by Wm. ~. Hitchie for Lots 5 & 6~ Block 4, Dell Park S~D, and Paul T. Herig Jr., for Lot 19, Block 5, Dell Park~ S~Do said recommendation shown below. Motion was seconded by Com~lssioner Cromer and unanimously carried. (The Board fe~t that the intent of the Zoning Law in this connection was to allow only single family residences on lots of record with areas under those prescribed, and that the width dimension should not govern. In each case the areas are adequate for duplex buildings. It is recommended that the permits be granted, and that the words ~or width" be deleted from Sec. 7, C, Par.2.) The following letter was received from lt. J. Holland, Chairman of the Beach Committee. JULY 23RD, 1956 Honorable City Com~ission, July 20, 1956 Delray Beach, Florida. Gentlemen: The Beach Committee, of ~hich you appointed me Chair~an, held-an organizational meeting Thursday afternnon. All members were present. Each member was instructed to procure pertinent informa- tion and data relative to additional beach recreational facilitieSo They will report back to me their findings, after which recommendations will be submitted to you. Our Con~mittee recommends the City Commission to urge beach property owners to allow use of their property during the summer. The City to be responsible for the policing of the property. Mr. Joe Baldwin Jr., and Mr. Geo. McKay will be responsible for cleaning up the property. If such land could be made available it would be a great help at this time. Respectfully yours, /S/ R. J. HOLLAND Chairman Beach Committee The City Manager then requested the Press to make this statement public. City Manager Lawson read Ordinance No. 239. AN ORDINANCE OF TIlE CITY COMMISSION ANNEXING TO THE CITY OF DELRAY BEACH THE FOLLOWING DES- C~IBED T~J~CT 0H PAHCEL OF LAND LOCATED IN PALM BEACH, COUNTY, FLORIDA, ~ND LYING CONTIGUOUS TO THE CITY OF DELRA¥ BEACH, ~LOHIDA, SAID LANDS BEING AND CONSTITUTING THE RIGHT-OF-WAY OF U. S. HIGHWAY NO. 1, AS WELL AS THAT CERTAIN PROPOSED S/D KNOWN AS "TROPIC ISLE", ACCORDING TO THE PLAT THEItEOF tiECOItDED IN THE OFFICE OF Ttfl~ CLERK OF CIRCUIT COUiiT IN AND FO~t PALM BEACH COUNTY, FLA., PLAT BOOK 24, PAGE 235, AND P~OVIDING FOit THE ZONING AND TAXATION OF SAME. (Found to be in error, later amended, see meeting of 8/13/56. ) Commissioner Snow then moved that Ordinance No. 239 be placed on First reading. Motion was seconded by Commissioner Barrow and unanimously carried. Mr. Kenneth Jacobson, addressing the Commission, re- quested the City Commission consider changing its meeting time due to its confliction with the regularly scheduled meeting time of the Lions Club. Commissioner Snow moved that Hegular Meeting Time of the City Commission of Delray Beach, Florida, be scheduled for 4:00 P. M., on the second and fourth Mondays of each month, until further notice. Motion was seco~ded by Com- missioner Strong and unanimously carried. In view of the wonderful showing of the Seacrest-Pony League, its possible entrance ia National Pony League Play- Offs, and valuable advertising of Delray Beach resulting therefrom, Commissioner Snow moved that the City donate {200.00 to aid in uniform and equipment expense, chargeable to advertising. Motion was sweonded by Commissioner Barrow and unanimously carried. Commissioner Cromer moved that Bills in the amount of $28,186.63 be paid subject to the approval of the Finance Committee. Motion was seconded by Commissioner Snow and unanimously carried. Commissioner Strong moved for approval and payment of JULY 23~D, 1956 a Bill in the amount of ~500.00, received from Att'y Neil Hac~illan, For services rendered in connection with hearings held concerning the recent case o£ Youngblood et al vs. the City. Hotion was seconded by Commissioner Snov and unanimously carried. Commissioner Snov expressed his intention, if oppor- tunity presented itself, to submit bid on concrete require- ments for the Pool, and if considered unethical, as had been intimated, he would submit his resignation to the Commission. The2 was no further comment on this subject. Hr. Joseph Baldwin, Jr., expressed the sincere appreci- ation of all concerned for the commencement of construction on the Swimming Pool and Hecreational Facilities on the ~/est Side, and further commented on the apparent delight off this project getting underway as evidenced by the interest and actions of the children. Commissioner Snow moved that the request of Horgan F. Koyen, concerning possible lease of City owned land in Lots 9 and 25 of Blk. 2 HODEL LAND C0~PANY'S HAP of Sec. 2~-46-43, Pl. Bk. 1-128, be referred to the Planning/Zonihg Board for its recommendation. Notion was seconded by Commissioner Strong and unanimously carried. Heeting adjourned. City Clerk APPt(OVED: