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10-28-85SpMtg OCTOBER 28, 1985 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 5:15 P.M., Monday, October 28, 1985. 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 Ab se nt - N one Also present were - Acting City Manager David M. H~ddleston 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 Public Hearing and Second and FINAL Reading of Ordinance No. 111-85 relative to annexing a 37.33 acre parcel subject to R-1AA (Single Family Dwelling) District, located on the east side of Seacrest Boulevard between N.E. 22nd Street and DeCarie Street; (2) considering passage of Resolution No. 88-85, expressing the City's concern re: requested expan- sion of Delray Square Project; and (3) considering possible adoption of resolution, along with direction to staff with regard to Declaration of Public Nuisances along Atlantic Avenue. 1. Ordinance No. 111-85 - Atlantic High School Annexation. Ordinance No. 111-85, relative to a request by the School Board of Palm Beach County to annex a 37.33 acre parcel subject to R-1AA (Single Family Dwelling) District, located on the east side of Seacrest Boul- evard between N.E. 22nd Street and DeCarie Street, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 111-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH' A PARCEL OF LAND LYING AND BEING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE EAST SIDE OF SEACREST BOULEVARD BETWEEN N.E. 22ND STREET AND DECARIE STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 111-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 111-85 on Second and FINAL Reading, seconded by Mr. Bird. 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. 2. The Acting City Manager presented Resolution No. 88- 85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING THE CITY'S CONCERNS REGARDING THE REQUESTED EXPANSION OF A PROJECT KNOWN AS DELRAY SQUARE AND SEEKING A THIRTY DAY EXTENSION OF THE COUNTY'S CONSIDERATION OF THE PROJECT EXPANSION; PROVIDING FOR FURNISHING COPIES OF THIS RESOLUTION. (Copy of Resolution No. 88-85 is on file in the official Resolution Book) Mr. Jackel stated that perhaps they could strengthen this a little further and actually state how far north they would like the widening of Military Trail to go. Mayor Campbell suggested they make it to Lake Ida Road. Mayor Campbell questioned if any plans exist for the four- laning of Military Trail. He was advised that they are not on the County's five-year plan. 5~yor Campbell suggested the resolution be reworded to state the County should immediately commence the engineering plans and also immediately provide available funding for both the plans and the building of the project. Mr. Weatherspoon stated that basically their opposition is to the expansion of the project, not the project in its present format. Mayor Campbell advised the way the resolution is written it refers to any expansion; it would not be allowed until the four-laning is done. Mr. Weatherspoon stated the resolution is a good means of putting on record Council's position on this matter; however, he was told that personal contact would be a better means of conveying their feelings. Murray Kalish, representing the South County Political Co-op, stated he has been following this petition from the beginning; the project was first approved in 1975 and is still not complete. He advised the area in question will soon have a new post office and will also be an additional impact. If the developer goes ahead and completes the project it will be done in approximately two years; however, the County roads would not be widened for four years. He stated he is against any expansion of this project. Burt Smith, representing Richard Rei Kenis Engineering, engineers of the project, stated that because of a new County ordinance regarding changes to square footage, they are required to go back before the County Commissioners. The project has already been approved for 203,000 square feet and they are requesting an additional 15,800 square feet. They have also been asked to contribute $118,398 for roadway improvements because of this addition. Mayor Campbell stated they would not have drafted this resolution if they did not feel very concerned about this commercial expansion; however, he feels it may be futile to adopt this particular resolution. He would be in favor of clarifying Section 1 and basically state (1) that Council, in reviewing the application, believes that further commercial expansion in that area now is going to adversely affect the quality of life of all the people in Delray; (2) that whether or not the additional space is going to have a considerable impact on the area is something that the County Commission should look very care- fully at before they grant any further approvals of the project; and (3) that they would support all citizens who are actively trying to get a hold on control of growth in that area. Elaine Roberts, 312 North Swinton Avenue, stated not only does she hope that Council will go on record as opposing this project but she feels they ought to go up to the County Commission meetings and 1 obby. Mrs. Horenburger stated it is her understanding that the Planning Commission in the County recommended approval of this expansion based on the impact fees they will receive for the roads. - 2 - 10/28/85 Mayor Campbell stated they do not have a consensus; he requested that someone come up with a motion to either adopt the resolu- tion, adopt it as amended or propose an alternate resolution. Upon question Mayor Campbell clarified that the amendments discussed earlier were to add in Section 1., after Atlantic Avenue, "to Lake Ida Road", and further to immediately commence the engineering plans and fund the project. Mr. Jackel concurred with Mayor Campbell and suggested that they also go on record as opposing this expansion and request the Com- mission to consult with the City's Planning Department and Council regarding expansion in that area entirely. ~lrs. Horenburger stated if they oppose the expansion then no impact fees will come in and they will still have a 203,000 square foot project which was approved 10 years ago with no expansion of Military Trail mandated. Mr. Bird stated he would like to use this opportunity to have positive input from Government to Government. He feels the ab- solute minimum this Council needs to do is encourage the Board of County Commissioners to study their road priorities and do something about the four-laning, at least as far north as Lake Ida Road. Leonard Syrop stated he would like Council to get a commit- ment from the developers that when they do build they will follow the City's codes and ordinances relating to signs, beautification and any- thing else which may affect the City. Mrs. Horenburger moved that they amend Section 1. to read "That the City Council of the City of Delray Beach, Florida, opposes the requested expansion to Delray Square and urges the Board of County Commissioners to move forward on the four- lane widening project for Military Trail from north of Atlantic Avenue to Lake Ida Road", seconded by ~lr. Weatherspoon. The City Attorney advised that it should be a motion to adopt Resolution No. 88-85 with that language substituted in Section 1. Mrs. Horenburger amended her motion as advised by the City Attorney, Mr. Weatherspoon amended his second. 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. Mr. Bird suggested that they ask the developer to bring his project into compliance with the City's sign and landscaping ordinances. Mr. Smith stated his client is willing to conform to the City's sign ordinance if everyone else in the area does. 3. The City Attorney stated this item was placed on the agenda at the request of Council to give some direction to his office and the administration concerning efforts to clean up the quality of development and existing development along Atlantic Avenue from the beach to Mil- itary Trail. Mr. Bird left the Council Chambers at this time. 5~ayor Campbell stated that it was Council's feeling that, prior to the County's meeting on November 7th regarding the site for the new courthouse, it would be good to have a resolution or consensus adopted with regard to the direction they will be taking on West Atlantic Avenue. He suggested that Council could state that they abhor the history of crime and violence which, over the past several years, has plagued that particular area and will do everything in its power to try to curb those problems. This needs to be on record and taken to the County Commission as it is his belief that the only reason they would not want to relocate is because of the crime. - 3 - 10/28/85 The City Attorney advised there are a number of methods by which they could approach the problem: (1) they could enhance code enforcement; (2) relook at the zoning in accordance with the discussions regarding the comprehensive plan; (3) if they have particular places that are geographically a problem, the City could acquire the properties through condemnation. The public purpose for the condemnation might be to address Council's concerns with the lack of off-street parking; and (4) they could pursue public nuisances on some of the locations. Bas- ically the Florida Statutes, Chapter 823, declares certain things to be public nuisances different than those public nuisances which they deal with by ordinance. Specifically, if they can accumulate sufficient factual data, over a period of time, which would demonstrate that places along Atlantic Avenue are being used for purposes of the trading or using of illicit narcotics, prostitution, etc., they can be defined as public nuisances. The City and/or the State Attorney's Office and the Attorney General's Office are empowered to bring injunctive relief actions against those establishments, close them and declare them public nui sa nce s. Mayor Campbell suggested they request that the Police Chief and the City Manager's Office monitor, in the next three to five months, all the business establishments along Atlantic Avenue. If there is any place which has an inordinate amount of crime associated with it they will promise to undertake a program closing those places and declaring them public nuisances. Mrs. Elizabeth Matthews questioned if a boarded up building in which vagrants live is considered a public nuisance. The City At- torney advised it would not be under the statutes which he quoted from. Mrs. Matthews stated she is referring to the Arvilla Hotel. It is her understanding that the City is proposing to have half of it razed. Upon question by Mayor Campbell, the City Attorney stated to his knowledge not all of the building has been cited. Assistant City Attorney Hall advised half of the building has been declared unsafe and needs to be demolished. The other half has been determined to be structurally sound and is going to be required to be boarded in a more secure fashion. It is her understanding, from talking to the attorneys representing the trustees who are foreclosing, that the intention of the property owner is to tear down both buildings. The City is trying to work with them to see if they can go ahead and do it under the bid they will have outstanding. The owner does not want to pay the lien for having the property boarded up and then have it torn down. ~ayor Campbell advised Mrs. 5~tthews that they will look into this. Mayor Campbell stated he would like the consensus of Coun- cil, and he would go on record as officially stating, that when there is a Courthouse on Atlantic Avenue they, as a City, will commit to have a foot patrolman patrolling the vicinity at all times the Courthouse is open. They need to show the County that they are going to undertake steps necessary to provide for their mental welfare as far as their fears are concerned. Mr. Jackel stated he would hope that they will take these steps no matter what the action of the County Commission. It was the consensus of Council that a letter of intent be written to the County Commission. Mr. Bird returned to the Council Chambers at this time. ~layor Campbell declared the meeting adjourned at 6:05 P.M. City Clerk - 4 - 10/28/85 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 October 28, 1985, which minutes were formally approved and adopted by the City Council on ¢ Cit~ Clerk NOTE TO READER: 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 Council. 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. - 5- 10/28/85