06-08-89SpMtg JUNE 8, 1989
A Special Meeting of the City Commission of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Commission Chambers at City Hall at 5:15 P.M., Thursday, June 8, 1989.
Roll call showed:
Present - Commissioner William Andrews
Commissioner Patricia Brainerd (Arrived 5:26 P.M.)
Commissioner Mary McCarty
Commissioner Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - None
Also present were - City Manager Walter O. Barry and
City Attorney Herbert W.A. Thiele.
Mayor Campbell called the meeting to order and announced that
this meeting has been called for the purpose of considering (1) Contract
for the Adult Book Store.
1. Mayor Campbell advised they had done a potential contract last
week for purchase of the book store property. It is his understanding
that one of the voted-on conditions for the Commission to enter into
this contract was not accepted; therefore, it is back before them for
further consideration, essentially the same, but without that condition.
He stated that condition was to allow the Commission the opportunity to
look at several issues that had not been resolved prior to that time,
primarily what possible relocations under the County and City codes
might be permissible. Mayor Campbell stated his other concern was that,
reportedly, the book store was currently in violation, in which case
they would expect some possible action being taken by the County. He
questioned what would happen as far as that being an alternative propo-
sition to the City to rely upon that principally and solely as a means
of removing this unwanted use from Federal Highway. The information he
received from the County was there was a current code violation, but any
kind of legal or County Code enforcement in order to force the book
store to close could be a lengthy and drawn out process.
The City Manager read from a memo dated June 8, 1989, which in
essence, stated that the Commission had asked staff to research several
questions regarding the potential locations of adult entertainment at
businesses within the City and at various gateway entrances. They asked
that both the City's current ordinance and the new Palm Beach County
ordinance be applied. The Planning Director has portrayed the potential
locations graphically as they relate to the County's ordinance and the
City Attorney has previously forwarded information which indicates that
adult entertainment businesses would not be allowed in our City under
our current code. None of the City's gateways are zoned to allow adult
entertainment uses under the County ordinance. Also, the Police Depart-
ment has indicated that should the bookstore be purchased and closed, a
decrease in the level of prostitution could be expected. This effort
coupled with other code enforcement efforts are expected to have a
positive impact on reports of criminal activity along North Federal
Highway.
Upon question by Mayor Campbell, the City Attorney advised that
under the City's current code the bookstore would not be permitted to
locate anywhere within the City's jurisdictional limits and under the
County's code they would not be able to locate anywhere within the City
limits as per the County code either. They would only be able to be
located if it was appropriate under the current ordinances of the County
and met the restrictions of the County's regulatory measures. They
would not be able to relocate in the North Federal Highway area and
additionally, they would not be able to locate at the other County
pocket area, which is essentially the intersection of Military Trail and
Atlantic Avenue. The City Attorney further stated that of the two
remaining enclaves that the City has, one is subject to annexation
within the next 30 to 40 days and the residentially abutting zoned
property in the City would not allow a use to be located at the other.
Ms. Brainerd arrived at this time.
Mr. Weatherspoon asked if it would not be more accurate to say
that they could not locate within the County or City without a court
challenge. The City Attorney commented that a challenge to the code in
any particular area is possible; however, he did not feel it was econom-
ically viable for anyone to endeavor to do~ such a challenge in this case
because it is a business that requires an obvious ongoing capital influx
of money. There would be a four or five year hiatus where there is no
income.
Helen Coopersmith, 1221 South Drive Way, stated she would like
to know the urgency on behalf of the Commission to purchase this proper-
ty. Also, how can they buy property without knowing the lessee's
options; the lease is still not available to the public or to the press.
She asked if the Commission is aware that the County's ordinance is
ambiguous, in that it states that the applicant must apply within 60
days of said ordinance which went into effect January 1, 1989, but all
applications must be in by October lst; therefore, she has been told by
an Assistant County Attorney that the window is too short to allow
people to apply. Mrs. Coopersmith also commented that the ordinance
does not allow this type of business 1500 feet from church or school but
it is allowed 500 feet from residential areas. She asked that the
Commission be cautious before committing themselves.
Lillian Feldman, Pines of Delray, urged the Commission to
research the lease.
Bill Hazard, N.E. 13th Street, applauded the Commission for the
steps they have taken so far and felt they are acting prudently. He
felt it was important to the families in the neighborhood and throughout
Delray Beach to eliminate this business and the element it attracts.
Ms. McCarty moved to approve the modified contract, including
the condition that the lease must be examined before going forward,
seconded by Mr. Andrews. Upon roll call the Commission voted as fol-
lows: Mr. Andrews - Yes; Ms. Brainerd - No; Ms. McCarty - Yes; Mr.
Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to
2 vote.
Mayor Campbell declared the meeting adjourned at 5:35 P.M.
Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided herein is the minutes of the meeting
of said City Commission of June 8, 1989, which minutes were formally
approved and adopted by the City Commission on ~ ~Z /~-
City' Clerk
NOTE TO READER:
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If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
Commission. They will become the official minutes only after they have
been reviewed and approved which may involve some amendments, additions,
or deletions to the minutes as set forth above.
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