02-28-84 FEBRUARY-28~l~84
A regular meeting of the City Council of the City of Delray
Beach, Florida, was called to order by Mayor Willard V. Young in the
Council Chambers at City Hall at 7:03 P.M., Tuesday, February 28, 1984.
Roll call showed:
Present - Council Member halcolm T. Bird
Council Member Doak S. Campbell
Council Member Arthur Jackel
Mayor Willard V. Young
Absent - Council 5~ember Edward L. Perry
Also present were - City Manager James L. Pennington and
City Attorney Herbert W.A. Thiele.
The opening prayer was delivered by Reverend Roy Forward,
Christian Missionary Alliance.
The Pledge of Allegiance to the flag of the United States of
America was given.
Mr. Bird moved for approval of the minutes of the Regular
Meeting of February 14, 1984 and the Special ~eeting of February 7,
1984, seconded by Mr. Jackel. Said motion passed unanimously.
5~&~l~ ~I~D~W~Z~I&, 633 E. Industrial Avenue, Boynton Beach,
stated he was recently sent a form from ~. Fixel, Purchasin9 Agent,
inquiring about a contract for the City's towing. He would like to have
this item placed on a workshop agenda for discussion as the papers he
received are very vague.
Mr. Bird stated he feels this is more of an administrative
matter and he suggested that Mr. Zuccala make an appointment to meet
with the City Manager and Mr. Fixel to resolve the issue.
5~b~l~ Mr. Bird stated that, as discussed at the workshop meeting
last week, he would like Council's consensus to reaffirm their position
regarding height limitations, that changes to the Camino Real Hotel be
viewed against the height limitation as the plans were in at the time
the new ordinance was being discussed.
5~. Bird moved that Council affirm that position formally so
that the Planning and Zoning Board can take the appropriate action at
their next meeting. Said motion died for lack of a second.
Mr. Jackel stated that he would like to see copies of the
Planning and Zoning Board's minutes from when this was discussed as he
has a different viewpoint.
Upon question by Mr. Campbell, hr. Bird stated that ap-
parently the Planning and Zoning Board has taken a straw ballot saying
that they would move to a formal action on the Camino Real Hotel's
petition; however, they are waiting for formal expression from Council
that indeed those were the rules they had to follow.
Mr. Campbell stated, as he recalls the discussion which took
place two years ago, Council decided that the Camino Real Hotel and the
Siemen's property would not be subject to the new height ordinance in
that they were under consideration at the time.
Mr. Jackel stated he agrees with ~. Campbell's comments;
however, during the discussions that followed, although an exception was
made, every brick in the building was approved by Council. That is wh~
he would like to see a copy of the Planning and Zoning Board's minutes
because they spelt out exactly, to the developer, what kind of structure
could be built. He feels if the Planning and Zoning Board want sonde
guidance they should go back to their own minutes.
Mr. Bird r~ved that Council reaffirm the Council position
that two properties were exempted from the provisions of the height
ordinance when it was enacted - one of those was the new Camino Real
Hotel, A-1-A and Atlantic Avenue - and that the Planning and Zoning
Board be instructed that the review of the petitioner's request shall be
in accordance with the height limitation, which was in existence prior
to the new height ordinance, which came into being as a result of the
citizen petitions, seconded by 5~. Campbell. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - No;
Mayor Young - Yes. Said motion passed with a 3 to 1 vote.
Before roll call Mr. Jackel stated that this is not an item
on the agenda and he would like to see copies of the minutes before
voting. He feels it is not the Plannin9 and Zoning Board who is in a
hurry, it is the developer.
~-~&~'S~hWi~, Pines of Delray, stated he was present at
the time the discussions were being held on the height limitations. As
he recalls, originally the developer asked for a hotel with six stories.
An agreement was made that the hotel could be limited to five stories
and the developer agreed to that.
At this point the roll was called to the motion.
5~b~2~ Mayor Young read a proclamation proclaiming the month of
March, 1984, as "Red Cross Month".
5~b%3~ Mayor Young read a proclamation proclaimin9 ~arch 7, 1984,
as "ORT Day".
5~1~ The City Attorney advised that Item 9 on the Consent Agenda
is phrased improperly. The action of Council should be a motion to
reject the settlement offer.
5~2~ The City Attorney stated that, in the process of finalizing
the improvements at the Country Club, the City needs to have some fund-
ing to purchase some property matters that are currently located there.
He would like Council to make a motion to authorize the expenditure of
$1,750 to make the acquisition.
Mr. Bird moved to authorize the expenditure of $1,750 as
advised by the City Attorney, seconded by ~. Campbell. Said motion
passed unanimously.
5~%3~ The City Attorney advised that they have received a settle-
ment offer in the case of Catalini v. the City of Delray Beach and five
other named defendants. The plaintiff has offered a settlement in the
amount of $10,000 and the outside counsel, who have been retained by the
City's insurance company, have recommended that the City accept the
settlement offer.
Mr. Bird moved to accept the settlement offer in the amount
of $10,000, seconded by Mr. Jackel. Said motion passed unanimously.
5~ The City Attorney stated that Council ~mber Jackel had
requested that Resolution No. 20-84 be prepared requesting Palm Beach
County to fund and construct an expansion of Congress avenue from the
north end of the City to Atlantic Avenue and from Linton Boulevard
southward to the southern boundary. This is before Council for further
consideration.
Mr. Jackel stated this resolution is very similar to the one
which was passed two weeks ago regarding Linton Boulevard from 1-95 to
Federal Highway. When the County four-lanes Congress Avenue he would
like them to declare it an urban section.
Mayor Young stated it was his understanding that when it was
decided not to four-lane Lake Ida Road the additional money would be
used to expand Congress Avenue. He feels they are duplicating that
decision by approving this resolution.
- 2 - 02/28/84
hr. Jackel stated the improvements on Congress Avenue will
not make it an urban road. This resolution is only asking the County to
consider making it an urban road, it does not compel them.
Mr. Bird questioned what kind of cost would be involved in
this proposal. Mr. Campbell stated that the City's staff provided
information to complete Linton Boulevard as an urban section and adding
two lanes between the FEC Railroad and Germantown Road would cost
$600,000.
Mr. Jackel suggested that they defer this for two weeks and
request the City Manager to contact 5~. Church and find out the costs
involved.
Mayor Young stated he will be attending an hPO meeting on
Thursday and he would like to have some figures by then.
The City Manager stated that several weeks ago he was ap-
proached by the representatives of a fast food restaurant who were
interested in negotiating with the City the acquisition of Lots 1-10,
Block 45. This site was a former gas station and, according to the
information he has, there has been no final determination as to what the
City might wish to do with the property. However, there have been in-
ternal discussions about the site possibly being used for the Central
Dispatch Center, if it is relocated. This item is before Council for
direction to determine whether or not they wish him to pursue this
matter any further or tell the individuals interested that the City is
not interested.
Mr. Bird suggested that Council ask the City ~anager to
relate to anyone who expresses an interest in the property that a year
ago Council identified what they considered to be excess property within
the City. Those parcels were made available to the public and they will
be informed the next time the City finds something else in excess.
Mr. Campbell requested that an item be added to the regular
agenda, as Item 2la., relative to the Bill Wallace Ford water service
agreement.
Mr. Bird moved for approval of the agenda with the addition
of Item 2la. and the correction to the action recommended on the Consent
Agenda under Item 9., seconded by Mr. Jackel. Said motion passed unan-
imously.
PUBLIC~EARING
O~di~&h~-N~'l~8~'Z~hih~O~iha~A~d~ht~R~d~
Pa~ki~9"R~~ht~ Ordinance No. 14-84, amending Chapter 30 "Zon-
ing'' of the Code of Ordinances to reduce the parking requirements for
business and professional offices having a total floor area in excess of
3,000 square feet, 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 City Manager presented Ordinance No. 14-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING", SECTION
30-18 "OFF-STREET PARKING REGULATIONS", SUBSECTION (F)
"PARKING REQUIREMENTS" (2) (a) "COMMERCIAL" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH , FLORIDA, TO
REDUCE THE PARKING REQUIRES~NTS FOR BUSINESS AND PROFES-
SIONAL OFFICES HAVING A TOTAL FLOOR AREA IN EXCESS OF
3,000 SQUARE FEET AND FURTHER A~NDING SUBSECTION (F)
"PARKING REQUIREMENTS" (2)(b) "COMS~RCIAL" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH , FLORIDA, BY
ADDING BUSINESS AND PROFESSIONAL OFFICES HAVING 3,000
SQUARE FEET OR MORE OF TOTAL FLOOR AREA; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
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(Copy of Ordinance No. 14-84 is on file in the official
Ordinance Book)
The City A~torney 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.
~'-K~h~Ellihg~WO~%h, Chamber of Commerce, questioned whe-
ther or not existing professional offices could rearrange their parking
facilities to comply with the new ordinance.
The City Attorney advised that he believes that is the
intent of Council.
Mr. Campbell stated that while any existing business could
redesign their parking lot, if it was a large area it still may require
a minor site plan change through the Planning and Zoning Board.
The public hearing was closed.
5~. Jackel moved for the adoption of Ordinance No. 14-~4 on
Second and FINAL Reading, seconded by 5~. Campbell. Upon roll call
Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; 5~.
Jackel - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote.
CONSENTS'AGENDA
The following items are to be considered by Council as the
Consent Agenda:
is to consider authorizing execution of quit-claim deed from the City to
Palm Beach County regarding certain rights-of-way located within Ridge-
wood Heights Subdivision. Approval is recommended.
B~&~SZ Council is to consider the City Attorney's recommendation to
reject the settlement offer.
~I'th~'e~&~i~-at'~ablie-&aeti6~ Council is to consider salvaging
parts of a 1961 Dodge 500 Pumper and selling the chassis at public
auction. Approval is recommended.
cil is to consider authorizing execution of Beneficiary Form from Estate
of Katherine C. Hogan in the amount of $2,500 for cemetery grave main-
tenance. Approval is recommended.
cil is to consider a request for two additional weeks of religious
services for Evangelism for Christ Church from March 3 through March 16,
1984.
consider a request for a 40 x 160 foot tent to be erected at Scarlett
O'Hara parking lot, Old Harbor Plaza, on St. Patrick's Day, March 17th.
Approval is recommended.
~&~% Council is to consider authorizing execution of Enabling Agree-
ment between the City and Palm Beach County for City participation in
Community Development Block Grant Program. Approval is recommended.
B~a~i~ti~h~-Liht~h"B~hl~~ Council is to consider
authorization of $8,000 for underground sprinkler work relative to
beautification of Linton Boulevard from Congress Avenue to ~ilitary
Trail.
- 4 - 02/2~/84
R~id~h%" IhB~ti~h- 'S~i~- ~h"- P~Od~%iSh- W~ll~% Council
is to consider authorizing resident inspection services by Russell &
Axon on production wells at the ~lray Beach Country Club. Cost would
be approximately $32,400 for Phase G and $81,000 for Phase H, with
funding to come from the 1983 Water and ~wer Revenue Bonds. Approval
is recommended.
S~W~-~s~9%~'I Council is to consider authorizing execution of an
agreement between the City and Russell & Axon to provide an engineering
report for inclusion in the bond document for the expansion of the
City's Water and Sewer systems at a cost of $12,000. Funds are to come
from the 1983-84 budget with reimbursement from the sale of anticipated
bonds. Approval is recommended.
~ah~%~-~W~"~h~-W~t~-U%iliti~% Resolution No. 16-84,
accepting sanitary sewers and water utilities as operational as recorded
in the plat of Rainberry Bay, Section 6, is before Council for considera-
tion.
The caption of Resolution No. 16-84 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DgLRAY
BEACH , FLORIDA, ACCEPTING ALL THE S~ITARY SE~RS AND
WATER UTILITIES INSTALLED IN ~INBERRY BAY, SECTION 6,
RECORDED IN PLAT BOOK 42, PAGES 6 & 7 OF THE PUBLIC
RECORDS OF PALM BEA~ COUNTY, FLORIDA, AS OPE~TIONAL ~b
SETTING THE INITIAL SCHEDULE OF ~TES, FEES AND OTHER
RELATED ~ARGES TO BE IMPOSED FOR THE SERVICES ~qD FACIL-
ITIES FU~I~ED BY SAID UTILITIES; PROVIDING THAT THIS
RESOLUTION ~ALL NOT DISCHARGE THE DEVELOPER FRObi ~RICT
PERFOR~NCE; PROVIDING FOR ~INTENANCE FOR ~D REPAIRS BY
THE DEVELOPER FOR ONE ~AR.
(Copy of Resolution No. 16-84 is on file in the official
Resolution Book)
19% Nai~ah~'~a%~ht% Resolution No. 17-84, assessing costs
on 27 properties in accordance with Sections 13-12 and 13-13 of the
Code, is before Council for consideration.
The caption of Resolution No. 17-84 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH , FLORIDA, PURSUIT TO CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING CO~S
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN-
CURRED BY THE CITY TO ACCOMPLI~ SU~ ABATE~NT AND
LEVYING THE COST OF SUCH ABATES~ENT OF NUIS~CES; PRO-
VIDING FOR ~ EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE ~CORDING OF
THIS ~SOLUTION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESShENTS; PRO-
VIDING FOR THE 5~ILING OF NOTICE OF LIEN.
(Copy of Resolution No. 17-84 is on file in the official
Resolution Book)
N~iBah~'"~a%~ht% Resolution No. 18-84, assessing costs
on two properties in accordance with Section 27-15 of the Code, is
before Council for consideration.
The caption of Resolution No. 18-84 is as follows:
A ~SOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUIT TO CHAPTER 27 OF THE CODE OF
ORDINANCES OF THE CITY' OF DELRAY BEACH, ASSESSING COSTS
FOR REMOV~ OF INFECTED T~ES UPON CERTAIN LAND(S) LO-
CATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOblPLI~ SU~ REMOVAL ~D
- 5 - 02/28/84
LEVYING THE COST OF SUCH; PROVIDING FOR AN EFFECTIVE DATE
AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING
=OR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN.
(Copy of Resolution No. 18-84 is on file in the official
Resolution Book)
COhg~-A~a~'~$~II'Oil'-C~pa~)~ Resolution No. 19-84, requesting
permission from the Palm Beach County Board of Commissioners to rezone
land annexed from CG (General Commercial) (County) to GC (General Com-
mercial) (City), is before Council for consideration. This was approved
7-0 by the Planning and Zoning Board.
The caption of Resolution No. 19-84 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF
COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTE S
171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY
BEACH FROM THE COUNTY ZONING CLASSIFICATION CG (GENERAL
COMMERCIAL) DISTRICT TO THE CITY'S ZONING CLASSIFICATION
GC (GENERAL COM[~RCIAL) DISTRICT.
(Copy of Resolution No. 19-84 is on file in the official
Resolution Book)
Mr. Bird moved for approval of the Consent Agenda, seconded
by Mr. Jackel. Said motion passed unanimously.
REGULAR-AGENDA
Mr. Campbell stated some time ago Council approved a water
service agreement with Bill %~allace Ford. There is an ad3acent parcel
which is being simultaneously developed and approval for water service
is pending subject to annexation. The annexation conditions with regard
to this second parcel should be the same as the first one; i.e. instead
of requiring him to come in now and beginning an annexation petition he
can do so after he commences construction of the premises. This would
not impose an undue hardship on him as he is approximately 90% completed
with the permitting procedure.
Mr. Campbell moved to approve the water service agreement as
stated above, subject to the City Attorney's approval and annexation to
be accomplished similarly to the other parcel, seconded by Mr. Jackel.
Said motion passed unanimously.
Before roll call, Mr. Bird stated that this should be ap-
proved under the requirements which were established with the first
parcel. The annexation has to be completed so it will be on the 1984
tax rolls which will benefit the City.
At this point the roll was called to the motion.
The meeting was recessed the time being 7:40 P.M.
The meeting was reconvened the time being 7:45 P.M.
22% ADDOiht~t-=-PERC% Council is to consider the appointn~nt
o-~--William Schwartz as a re9ular member of PERC to a term ending 5~arch
13, 1988.
Mr. Jackel moved to appoint William Schwartz as a regular
member of PERC to a term ending March 13, 1988, seconded by 5~. Bird.
Said motion passed unanimously.
- 6 - 02/28/84
Before roll call the following discussion was had:
~. Bird stated there has been some concern that the terms
of board members run an excessive length of time. ~. Jackel stated
that perhaps all boards, in the future, should have three year terms;
this could be discussed at a future workshop.
At this point the roll was called to the motion.
A~Oiht~%~-~"'C~l~hi%~'~A~~h~B~ Council is to
consider the appointments of Connie Tuttle and Joel Barham as alternate
members of the Community Appearance Board to terms ending March 8, 1986.
Mr. Jackel moved to appoint Connie Tuttle and Joel Barham as
alternate members of the Community Appearance Board to terms ending
March 8, 1986, seconded by ~. Campbell. Said motion passed unan-
imously.
Mr. Bird moved that they reiterate and make formal Council's
decision of last Tuesday night with regard to the placement and size o~
the sign for H & R Block; i.e. 10" letters placed on the horizontal
structural member immediately above the windows, seconded by ~. Camp-.
bell. Said motion passed unanimously.
Before roll call, Mr. Jackel stated that the Community
Appearance Board did not approve this request and he dislikes going
against any board; however, at certain times you have to.
At this point the roll was called to the motion.
is to consider award of a contract to Southern Pipeline to complete
relocation of a 10" water main and fire hydrants along Linton Boulevard
in the vicinity of the west entrance to Shadywoods Subdivision. Cost is
not to exceed $16,000, with funds to come from the 1983-84 budget.
Approval is recommended.
Mr. Pontek, Director of Public Utilities, stated they have
found a problem with the 10" water line in that it lies higher in eleva-
tion than originally envisioned. To isolate the water line in order to
excavate and lower the line may place 7,000 residents without water for
an extended period of time. Rather than risk that they have come up
with a solution whereby the water will only be turned off for a few
hours each day. This will cost $1,500 per day with a cost not to exceed
$16,000 and has been submitted to the City by Southern Pipeline.
Mr. Bird moved to award the contract to Southern Pipeline
with a cost not to exceed $16,000, funds to come from the 1983-84 bud-
get, seconded by Mr. Jackel. Said motion passed unanimously.
c0mpat~r-stad~ Council is to consider selection of con-
sulting firm to perform a computer study.
The City Manager stated that in December the Cit~ received
proposals from 11 firms for a computer study to identify Delray's future
data processing requirements. Following the return o~ proposals and an
analysis of those proposals the Computerization Steering Committee has
recommended an award be given to Arthur Anderson & Co.; a price has been
negotiated of $25,000.
Mr. Huddleston, Finance Director, stated that the committee
met to review the 11 firms' qualifications, fees, presentations, com-
munications, references and comprehension of the plan.
Mr. Jackel moved that Council approve the computer study to
be performed by Arthur Anderson & Company for a total price of $25,000
with funds to come from the Data Processing Division's 1983-84 budget,
seconded by hr. Campbell. Said motion passed unanimously.
- 7 - 02/28/84
271 FOP~I~D~se R~l~%i~h-H~ih~i Council is to consider
setting the date for holding the FOP impasse resolution hearing.
The City Attorney stated this item is on the agenda for
Council to set the date at which time they will conduct the public
hearing on resolving the FOP impasse contract matter.
Mr. Bird moved that they set the date for the FOP impasse
resolution hearing to be %~dnesday, March 7, 1984 at 2:00 P.M., in the
Council Chambers, seconded by Mr. Jackel. Said motion passed unan-
imously.
ot~inan~NO',-13~8~'-~-s~ll~O~l~c~m~an~Ann~kati~n~, Ordi-
nance No. 13-84, relative to annexing a 0.6-acre parcel sub3ect to GC
(General Commercial), is before Council for consideration on First
Reading. The property is located at the southeast corner of Atlantic
Avenue and Congress Avenue. If passed, Public Hearing will be held
March 27th.
The City Manager presented Ordinance No. 13-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH , FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, ¥~ICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF.
The City Attorney read the caption of the ordinance.
~. Bird moved for the adoption of Ordinance No. 13-84 on
First Reading, seconded by Mr. Jackel. Upon roll call Council voted as
follows: ~. Bird - Yes; Mr. Campbell - Yes; ~. Jackel - Yes; Mayor
Young - Yes. Said motion passed with a 4 to 0 vote.
29~ O~ih~h~N~15~8~Ch~h~ihg-th~'~Cit~'L&h~"Us~Plah
D~i~h~%i~hl Ordinance No. 15-84, relative to changing the City's Land
Use Plan Designation in the Comprehensive Plan for a parcel of land
located at the southeast corner of Atlantic Avenue and Congress Avenue
(Shell Oil Company), is before Council for consideration on First Read-
ing. If passed, Public Hearing will be held March 27th.
The City Manager presented Ordinance No. 15-84:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG-
NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN
SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST FROM I-IN-
DUSTRIAL TO C-COMMERCIAL; A9~NDING THE LAND USE PLAN;
PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
~. Bird moved for the adoption of Ordinance No. 15-84 on
First Reading, seconded by Mr. Jackel. Upon roll call Council voted as
follows: Mr. Bird - Yes; Mr. Campbell - Yes; 5~. Jackel - Yes; Mayor
Young - Yes. Said motion passed with a 4 to 0 vote.
301 A~k&h~f'E~ht-'D~d'~D~l~W~t~Pl~'Pa~th~
Ltd-2 Council is to consider acceptance of an easement deed from Delray
West Plaza Partners, Ltd. (Scotty's), located east of Military Trail.
Council approved a water service agreement on July 26, 1983 for Scot-
ty's, subject to receipt of a utilities easement. Approval is recom-
mended.
- 8 - 02/28/84
The City Attorney stated this item is on the agenda to have
Council approve and accept two easement deeds from Delray West Plaza
Partners, Ltd. The deeds are basically in the standard form which the
City uses; however, in each of the deeds there is a deviation from the
standard form normally mandated. In addition to saying there are no
encumberances it also states that the City does not take any obligation
that may currently be existing on the property. Apparently there is an
underlying promissory note on the property which the mortgagee will not
release as to this easement. However, there are covenants and a doc-
ument attached entitled "Joinder and Non-Disturbance by hortgagee" which
takes the position that they will not do anything which affects the
City's rights under the easements. He feels this is the next to best
thing to the standard form.
F~. Bird moved to accept the two easement deeds, one for the
sewer lines which are described in the deed and one for water lines,
seconded by Mr. Jackel. Said motion passed unanimously.
Mayor Young declared the meeting adDourned at 8:10 P.M.
;
~ ~~~ - -~'~Clerk
ATTEST:
MAYOR
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 February 28, 1984, which minutes were
formally approved and adopted by the City Council on
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.
- 9 - 02/28/84