03-04-86SpMtg MARCH 4, 1986
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Council Chambers at City Hall at 7:03 P.M., Tuesday, March 4, 1986.
Roll call showed:
Present - Council Member Malcolm T. Bird
Council Member Marie Horenburger
Council Member Arthur Jackel
Council Member Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - None
Also present were - City Manager James L. Pennington 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 (1) Considering waiving
the requirements for platting prior to issuing a building permit
(Hyundai Dealership, 2255 South Federal Highway), Section 24-18(A) (10);
and (2) Considering vote on Courthouse.
1. Digby Bridges, architect, requested that Council waive the
platting prior to the building permit, but that it be issued prior to
the certificate of occupancy for Hyundai; they have frankly been unable
to put all the required bits and pieces together.
Upon question by Mayor Campbell, Mr. Bridges advised there are
some dedications and changes which have held things up. He stated they
are well on their way and have the actual plat map drawn up.
Mr. Bird moved for the issuance of a building permit without
the plat and that no certificate of occupancy be issued until the
process is completed, seconded by Mr. Jackel. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
Before roll call the following discussion was had: Mrs.
Horenburger asked if Mr. Bridges could not apply for this in Planning
prior to going ahead with the project. Mr. Bridges stated they will be
doing it before the c.o.; however, he does not like to commit to an
exact date because he doesn't know how long it will take to put it
together. Mr. Bridges furnished Council with the plat for their review.
Mayor Campbell clarified there is no subdivision of the property and
this would invoke a hardship otherwise on the applicant.
At this point the roll was called to the motion.
2. Mayor Campbell introduced Palm Beach County Commissioner
Dorothy Wilken.
Mayor Campbell advised this item was discussed two weeks ago
and a follow-up is needed for a formal vote on the matters that were
considered.
Ken Simback, Acting Executive Director, Community Redevelopment
Agency, advised that over the past several weeks he has had a number of
conversations and meetings with County staff and several County Commis-
sioners. There is still some confusion existing as to what exactly the
City's intentions are with the conveyance of the land. Mr. Simback made
reference to his memo to Council distributed prior to the meeting. It
basically states what he interpreted as being the Council's intent for
that land conveyance and also some terms and conditions that have come
up during his conversations with County staff.
Mr. Simback reviewed the memo as follows: The City would agree
to deed, fee simple, to Palm Beach County upon acceptance of the offer
and authorization to proceed at the Atlantic Avenue site by the Board of
County Commissioners the 4.11 acre parcel which has been discussed for
some time. The City would agree to deed, fee simple, and with the same
conditions the 1.98 acre parcel presently containing the police station
just south of the parcel discussed. The City would agree to abandon a
portion of S.W. 1st Street between the right-of-way lines of 2nd Avenue
and 3rd Avenue. Effectively, what this would do would be to give the
County a parcel just under 7 acres for the development of the court-
house.
Mr. Simback stated the first condition of this would be upon
acceptance by the Board of County Commissioners the City will petition
for a change in zoning to a classification suitable for the development
of a government courthouse and accessory uses, including parking. The
second term he recommended is that the County will begin construction of
the first phase of the court facility within two years of the convey-
ance; should the construction not commence within two years the site
would revert back to the City. The third term is that the County will
agree to lease the existing police facility back to the City for a
nominal sum through the year 2000 or until such time as the facility is
required by the County for expansion. The fourth condition is that in
the event the County should not require the use of any portion of the
site for the expansion of the facility or accessory use or for any other
use unacceptable to the City then that portion of the site would revert
back to the City. The fifth condition is that the City shall agree to
provide the site without requirement of any customary off-site improve-
ments, i.e., utility, roadway, impact fees, etc.
Mr. Simback advised that the County Commission is going to
discuss this item at their workshop this Thursday at 4:00 P.M. What the
County and City officials will be seeing will be the alternative site
plans that the County consultant is developing and he believed it will
be the first chance to discuss with some degree of specificity exactly
what the requirements are. Also at that meeting someone representing
the City would like to be in a position to present to the County exactly
what the terms and conditions of the use of the land downtown might be.
Mr. Jackel stated he has heard at different times that the
County staff wanted 10 acres and also that the Commission is waiting to
hear from their consultant firm. Mr. Simback advised that the County
Commission is going to hear, at least on a preliminary basis, from the
consultant on Thursday with regard to their site analysis. With regard
to the 10 acres, basically what he has said in his memo is that, if in
fact some additional land is necessary to bring it up to a 10 acre site,
then it would be the decision of Council to either provide that addi-
tional land or make it incumbent upon the County Commission to provide
whatever land they felt was necessary for the complex.
Mr. Jackel stated he is concerned that the population of the
City has not been informed about this; he does not feel Council has
taken the public into their confidence.
Mr. Weatherspoon advised he has gone along with giving the
County the 4.1 acres; however, he does not go along with "giving" the
County additional acreage and would be reluctant to give it to them
free. Also, he has seen nothing to show that they need that additional
acreage.
Mrs. Horenburger inquired about the need and the use of the 1.9
acre parcel (the police station). Mr. Simback advised the County's
consultants have enumerated what their land requirements are for the
building pad area, landscape buffers, parking areas, perimeter land-
scaping, etc. On the basis of that they have projected a need for 10 to
11 acres. He is comfortable in that what they are trying to produce
will be a two-story first phase 45,000 square foot courthouse building
with attendant surface parking, the second phase being an identical
expansion around the year 2000; at that point they project a need of
some 680 parking spaces. The consultants do not recommend a vertical
expansion.
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Mrs. Wilken advised it is the three sets of advisors who want
the 10 acres and she is hopeful that the details will be ironed out with
the Commission on Thursday so that the alternatives will be laid out.
With regard to a donation, she believed the Commission perceives its
position to be that we have land now and are already three years late
starting this courthouse and any delay is unfortunate. The Commission
is faced with a decision then to say, do we add cost to the construction
by adding cost to the land, the cost of additional land when, in fact,
we have enough land to accomplish the purpose on Congress. What kind of
blew them away, she thought, was the proceeding ahead with the police
station, right on the only other parcel that the City owned that could
possibly make up that 10 acre parcel in one piece which would be useful
to the County. If she had a question to ask Council tonight to think
about, she would ask that they think about putting a stop order on that
and consider perhaps moving it across the street. She stated she knows
it's late, but if they had to cease and desist and more or less scrap
the work that's been done to a quarter of a million dollars or so it
would be cheaper than another million and a half to buy five acres
adjacent.
Helen Coopersmith, 1222 South Drive Way, stated she has a
concern that whenever the courthouse is discussed it is never at a
regular meeting where the public is present. She believed the public
should be more informed and that the City should also have consultants
for input as to what the City wants downtown.
Mrs. Horenburger moved to accept the proposal and memo from Ken
Simback, Director of the Community Redevelopment Agency, dated March 4,
1986, regarding the South County Courthouse, as presented, seconded by
Mr. Bird.
Mr. Bird stated he believed the language regarding the revi-
sionary aspects need to be cleaned up. He also advised he has done some
research and found that the administrative side of our government is
growing a lot faster than the judiciary; he would make a categorical
statement that 28 acres on Congress Avenue isn't going to hold the
administration of Palm Beach County and the courthouse.
The City Attorney clarified for the record that he assumes if
Council approves the motion what we are talking about is conceptual,
essentially, and the technical things we would add. Council would have
a public hearing before the conveyance could be authorized. Mr. Bird
clarified that City zoning approvals would prevail.
Mrs. Horenburger stated she would amend her motion to make the
City Attorney's statements clear, Mr. Bird amended his second. Upon
roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -
Yes; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said
motion passed with a 3 to 2 vote.
Mayor Campbell declared the meeting adjourned at 7:45 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 Council of March 4, 1986, which minutes were formally
approved and adopted by the City Council on
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· // City Clerk
NOTE TO READER:
If the minutes that you have received are not completed as indicated
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