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10-20-81SpMtg OCTOBER 20, 1981 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tues- day, October 20, 1981, with Mayor Leon M. Weekes presiding, City Manager Robert H. Fisk, City Attorney Roger Saberson and Council Members Charlotte G. Durante, Malcolm T. Bird and Leo A. Blair present. Councilman James H. Scheifley was absent. Mayor Weekes called the meeting to order and announced that same had been called for the purpose of (1) Considering acceptance of the settlement offer by Robert Druien regarding the law suit against the City and (2) Considering road impact fee - Crosswinds. 1. The City Attorney reported that the City has received an offer of settlement from the attorney representing Robert Druien in the amount of $4,000 and also requesting that any record of the discipline taken against that police officer, which was a two day suspension, be expunged from his records. He stated he believed Council all had a basic work- ing knowledge of the facts of the case and the background, and this was before Council on a previous occasion on another settlement offer. It is the recommendation of the City Attorney's Office that this par- ticular settlement offer be rejected. Mr. Bird moved to accept the recommendation of the City Attor- ney, seconded by Mrs. Durante. Said motion passed unanimously. 2. Mayor Weekes reported that Crosswinds, presumably through the previous owner, agreed to an impact fee for improvements to Linton Boulevard and at the time the present owners went to pull their build' ing permits they were asked by the Building Department to put up an impact fee on the front in cash before pulling those permits. Mr. Stan Brown, Vice President, Radice Corporation, spoke be- fore Council and advised that their conversation with the Building Department staff had to do with the $200 and $300 number that relates to the single family and multi-family when they went to proceed to pull the building permits for their three models. They were handed an un- signed agreement that was for $115,000; if you take their multi-family and single family units times the appropriate $200 or $300 number you come out to roughly $102,000. The second question is that it was their understanding that this was to be a permit fee, prepaid at the time they pulled building permits. Mr. Radice stated that it is critical that they pull the three permits to get the models going. Mr. Bird moved that the three models which the Radice Corporttion would like to commence work on be assessed $300 per unit for the road impact fee, in lieu of the County fee, and that the City staff be in- structed to work with the Radice Corporation to resolve these apparent discrepancies in the agreement, seconded by Mrs. Durante. Said motion passed unanimously. Mayor Weekes advised he believed Council needs to address this issue very shortly because there are other developers in addition to Mr. Radice who are faced with a similar problem. We need to tell them what the Council's intent is and what the policy of the Council is going to be in the way in which the City collects these fees. It was the consensus of Council to have this item on the agenda for next Tuesday night. Mayor Weekes declared the meeting adjourned at 7:15 P.M. ~ City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and the information provided herein is the minutes of the meeting of said City Council of October 20, 1981, which minutes were formally approved and adopted by the City Council on ~/_~j~- /o~ /~/ . ,~City 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. - 2 - 10/20/81