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08-18-92 Special/Workshop .. - CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION SPECIAL/ WORKSHOP MEETING - AUGUST 18, 1992 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM AGENDA Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the Commission to be held in the First Floor Conference Room at 6 P.M. on Tuesday, August 18, 1992. This meeting has been called for the purpose of considering the fqllowing: SPECIAL MEETING AGENDA ~. Appointments to Various Advisory Board to be made by Commissioner Mouw. /2. Appointment to the Planning and Zoning Board to be made by Mayor Lynch. /3. Request to purchase 5.5 feet of Cason Cottage property. .¡ 4. Marina Cay request for extension of SAD. /'5. Consider executing an Order in the Delta Petroleum Corporation v. City of Delray Beach. J6. Accept an offer of settlement in the amount of $9,000 in the Robert Rollinson v. the City of Delray Beach case. ~~~Jlatt·¡ lison MacG~gor Harty City Clerk WORKSHOP AGENDA /1. Design Alternatives for S.W. 10th Street. /2. Landscape Medians - Lake Ida Road east of Congress Avenue. 3. Discussion regarding Commissioner appointment process. 4. Fiscal Year 1992/93 Budget. S. Commission comments. .. .. .. - CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION SPECIAL/WORKSHOP MEETING - AUGUST 18. 1992 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM AGENDA ADDENDUM THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE: 7. Authorization to allocate funding in the amount of $S64,OlS from the Stormwater Utility Fund Non-Operating Project Reserve (Account No. 448-5411-538-90.41) to offset the costs of acquisition of property in conjunction with the S.D. Spady Access improvements project. The Palm Beach County School Board will refund 50% of the cost of acquisition up to $400,000 at the time of closing. " .. CITY DF DELAAY BEA[H 1 ; i ~ '. -' :: . '..... . EXECUTIVE SESSION OF THE CITY COMMISSION An Executive Session to discuss labor negotiations will be held on Tuesday, August 18, 1992, at 5:00 P.M., in the First Floor Conference Room, City Hall, pursuant to Florida Statutes 447.605. 0' Susan O'Brien Acting City Cler THE EFFORT ALWAYS MATTERS " " . . , CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION SPECIAL/WORKSHOP MEETING - AUGUST 18. 1992 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM AGENDA ADDENDUM THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE: 7. Authorization to allocate funding in the amount of $564,015 from the Stormwater Utility Fund Non-Operating Project Reserve (Account No. 448-5411-538-90.41) to offset the costs of acquisition of property in conjunction with the S.D. Spady Access improvements project. The Palm Beach County School Board will refund 50% of the cost of acquisition up to $400,000 at the time of closing. .. " . , Agenda Item No. AGENDA REQUEST Date: 08-17-92 Request to be placed on;' Regular Agenda X Special Agenda Workshop Agenda When; 08-18-92 Description of agenda item (who, what, where, how much): Land acquisition for Spady road improvements and drainage retention area. Approve bud et amendment to include $343,000 from Palm Beach Count School Board and revised stormwater assessment rom 5,000 to 2, o. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Approve funding of Spady land acquisition in the amount of to come from Storm Drainage Utility Fund (account number The Palm Beach County School Board will refund 50% of the cost Department Head Determination of Consistency City Attorney Review/ Recommendation (if applicable): N/A Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~ NO (if applicable) Funding alternatives: N/A Account No. & Description: 448-5411-538-90.41 Account Balance: City Manager Review: ¡:::-" NO t ,;v!1 Approved for agenda: ~ Hold Untll: Agenda Coordinator Review: Recelved: Actlon: Approved/Dlsapproved .. " ,) () e ,'y{/ t 1-0 rd ~ . Cß : [ITY OF DELAAY BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243·7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ØR0bert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: STATUS SPADY PROJECT DATE: August 14, 1992 Joe Safford, Lula Butler, Jeff Kurtz and I met to review the status of the Spady project to determine what actions need to be taken, and to assign responsibility. FINANCIAL QD funds need to be deposited with the Clerk of the Court for property acquisition .equa I to $685,5l5. We have already deposited $121,500. Jeff has estimated that we need to reserve an· additional 20% of the acquisition costs for attorney fees and possible increase in award by the jury, or approximately $125,000. The balance in the Decade of Excellence Bond account for this project is $68,558.48. Funds have been spent or encumbered to date for design, attorney fees, surveying, construction, and, part of the acquisition costs. Additional funding will be needed for demolition costs and possibly relocation costs. ~ It is our understanding that additional City funds needeg for this project would come from the Storm Water Utility Fund. However, no official CommissIon action was taken on this. Joe Safford is preparing an ?genda request to handle this matter. The County School Board is required to pay the City 50% of the acquisition costs, up to $400,000, within vesting of title. Title will be vested when we deposit the funds on 8/21/92. Jeff is going to write a letter to Bill Hukill requesting 50% of $685,515 and will let them know that this may not be the final amount. He will also test the waters to see if they are going to share in the demolition and relocation costs. THE EFFORT ALWAYS MATTERS ,. " . . . STATUS SPADY PROJECT . Page 2 DEMOLITION/RELOCATION Technically, our agreement with the School Board does not require the City to pay for demolition and relocation costs on the property we give to the School Board. It is our opinion, however, that practically we may have to undertake these activities ourselves, if we wish to get it done in a timely manner. Lula is going to get demolition estimates and will be making contact with the owners to encourage them to vacate their properties and to try to determine what our relocation responsibilities and costs might be. Relocation would be governed by our own in-house policies, not by Federal Regulations. A decision will have to be made to determine if we will assume all demolition and relocation costs, if the School Board does not, in order to clear the property in a timely manner. SUMMARY 1- Commission action/transfer funds/upfronting costs.- Safford 2. Letter to School Board requesting funds/check requests for deposit into court, legal actions. - Kurtz 3. Demolition estimates/contact with owners. - Lula 4. Coordination of efforts, including road construction. - RAB RAB:kwg cc: Lula Butler Joe Safford ,. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERZff/! SUBJECT: AGENDA ITEM #~-SPECIAL/WORKSHOP MEETING OF 8/18/92 APPOINTMENTS TO VARIOUS ADVISORY BOARDS DATE: August 14, 1992 At the August 11th regular meeting the Commission made appointments to the various Land Development Regulation Boards. As Commissioner Mouw was not in attendance at this meeting, his appointments were deferred. The following information is provided to assist in the appointment process: Planning and Zoning Board: Mayor Lynch - deferred appointment until 8/18/92 Commissioner Alperin appointed - Jean Beer Commissioner Andrews appointed - Karen Kiselewski Incumbents and applicants include: Robert Currie (I) Thomas Purdo (I) Donald Allgrove J. Kent Atherton John G. Baccari Robin Bird Michael A. Caruso Judith Colvard Helen Coopersmith Sam DeOto Thomas Duggan Helen Egelman Michael Eisenrod Fred Fetzer Daniel P. Hess James A. Johnson Edward J. King Jon Levinson P. Michael Manning Rosalind Murray Sandra K. Norton Michael G. Park Richard L. Raab Darrell Rippeteau David W. Schmidt Sidney Soloway Leonard Syrop Alvaro Vera Stanley Watsky William Wilsher Site Plan Review and Appearance Board: Commissioner Andrews appointed - Gene D. Fisher (lay person) Commissioner Randolph appointed - Richard Mouw (lay person) Mayor Lynch appointed - Jess Sowards (architect) This appointment is for a landscape architect. Incumbents and applicants include: Debora Oster (I) David Bodker William Wilsher '. .. Historic Preservation Board: Mayor Lynch appointed - Christine B. Bull Commissioner Alperin appointed - James "Buck" Miller Commissioner Andrews appointed - Daniel H. Carter Applicants include: Richard Brautigan Thomas Duggan Clemmer Mayhew Majorie Anne Miller Julie Morgan Rosalind Murray Frank A. Rozzo Lawrence A. Siegel John M. Vaughn Board of Construction Appeals: Commissioner Randolph appointed - John Gwynn (General Contractor) Mayor Lynch appointed - Arthur King (Master Electrician) Commissioner Alperin appointed - William Koch III (Real Estate Broker) Commissioner Andrews appointed - Richard Sheremeta (Engineer) This appointment is for an Air Conditioning Contractor. The only applicant for this position is the incumbent, Richard "Phil" Morris. Applications and resumes for the above Boards were provided under separate cover. In addition, at the July 28, 1992 regular meeting Commissioner Mouw's appointment to the Education Board was deferred. The following information is provided to assist in the appointment process: Education Board: Commissioner Andrews appointed - Kathy Anderson Commissioner Alperin appointed - Robert French Mayor Lynch appointed - Jerry Marshall Applicants include: Rosalind Murray Lawrence Siegel Horace Waldman Recommend appointment of one member to the Planning and Zoning Board¡ one member to the landscape architect position on the Site Plan Review and Appearance Board¡ one member to the Historic Preservation Board¡ one member to the air conditioning contractor position on the Board of Construction Appeals to terms ending August 31, 1994 ¡ and one member to the Education Board to a term ending July 31, 1994. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tf't1 SUBJECT: AGENDA ITEM ~- SPECIAL/WORKSHOP MEETING OF 8/18/92 APPOINTMENT TO THE PLANNING AND ZONING BOARD DATE: August 14, 1992 At the August 11, 1992 regular meeting the Mayor deferred his appointment to the Planning and Zoning Board to the August 18th special/workshop meeting. The following information is provided to assist in the appointment process: At the August 11th meeting: Commissioner Alperin appointed - Jean Beer Commissioner Andrews appointed - Karen Kiselewski Incumbents and applicants include: Robert Currie (I) Thomas purdo (I) Donald Allgrove J. Kent Atherton John G. Baccari Robin Bird Michael A. Caruso Judith Colvard Helen Coopersmith Sam DeOto Thomas Duggan Helen Egelman Michael Eisenrod Fred Fetzer Daniel P. Hess James A. Johnson Edward J. King Jon Levinson P. Michael Manning Rosalind Murray Sandra K. Norton Michael G. Park Richard L. Raab Darrell Rippeteau David W. Schmidt Sidney Soloway Leonard Syrop Alvaro Vera Stanley Watsky William Wilsher Recommend appointment of one member to the Planning and Zoning Board to a term ending August 31, 1994. fìl&¡ól /c¡1hd; ~ /av ~ .. " [ITY OF DELAAY BEA[H 1 00 '\¡."i -; ,; t A \.¡' E ."j u E . cJ!::,-RA {8!::ACH~LORiDA 33444 . 407 243 "oca MEMORANDUM TO: David T. Harden, City Manager FROM: Robert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: AGENDA ITEM =# CITY COMMISSION MEETING 8/18/92 SALE OF 5.5' CITY PROPERTY DATE: August 14, 1992 ACTION City Commission is asked to consider a request to purchase the north 5.5' of the Cason Cottage property. BACKGROUND A request has been received from Kathi Sumrall on behalf of the property owner at 119 N. Swinton Avenue to purchase the north 5.5' of the Cason Cottage lot. The length of the lot is 131' . Total square footage would be 720.5 square feet. The purpose of the request is to make the lot at 119 North Swinton a standard 50' lot and to cure an encroachment of the driveway and hedge. Staff has reviewed this request in conjunction with the parking expansion project for the Cason Cottage site and have determined the sale can be accommodated without serious impact to the parking plan. Two landscape waivers will need to be granted. Based on current land values for property in the area (per the tax record), we would suggest an asking price of $2,000.00. If Commission agrees to the sale and a starting price, staff will complete all the legal requirements. RAB : kwg THE EFFORT ALWAYS MATTERS SP3 " ,. TEuPliONE: œ (407) 278·0426 (407) 278·6700 ~g-ee,~~~~. (407) 278-0496 (FAX) REALTOR- REAL TO Fountain Square July 24, 1992 98 N.E. 5th Avenue Delray Beach, Florida 33483 r-,: -- .....' l-í t: v ~: v ;:: ~" Mr. David Harden, City Manager JUl 2 7 iW, city of Delray Beach 100 N. W. lst Avenue CITY MANliGF~', û,cFIU: Delray Beach, Florida 33444 Dear David: We are in the process of sell ing a house located at ll9 North Swinton Avenue. This house is the first house immediately to the north of the Cason Cottage "reserve parking area". It is the white frame house with a detached one car garage to the rear. This property has been owned by the Armentrout (Schwartz) family for a very long time. The legal description of the property is as follows: The north 44.5 feet of Lot 5, Block 67, Town of Delray This makes the Armentrout lot "substandard". If you take a look at the property, the hedge and part of the driveway are on the city property. We believe that if the city would sell 5 . 5 ' to the prospective purchaser, this would then make her lot a standard SO' width and cure the encroachment of the driveway and hedge. Would you please have one of your staff check to see if this would be possible and if so, how much would the city charge the prospective purchaser? This would be a direct dea 1 . . . no realtor commission involved. Thanks David for your help in this matter. Kathi Sumrall .. I 11 ù~ ~ [XISTING PROPERTY LINE .... 1 srQRy :; 0 -' ;! C.RAG( ;! ; 72 O~· . 131.00~ 131.04',,(1,1)_ - u',:,;' - '" - ~ -;: - ;;;;;: ~- 9<:1 PROPOSEO PROPERTY LINE: . L'), CONelll: T[ _ --------- . ~ WAl~ .....--r .... :- ..... I I .... /1 '~ ... 40'(TYP) ,I '11\ L. PROPOSED 24' PAVE~ENT ~I 1\\ ':. --- -"-- ~O~----- I >- HEADER CURB t \ '. I 1 1-"'0.1 I I I I 1J:j I 1 . . 1<: 1 :-,..: CO~PAC~ CA~ P4<INC: : I I ;4] 1 ( ~..: 1 1 .' C=L-=-..t; :J.-=-.l ==.I ==t==t=::"t==" J: _ :J. -=-.l.-=- 5 .. .. r:-:y==r- T-=1=r: - =1 ==r: - T-=r==r-=- .. t! I I 1 I 1 I 1 1 I 1 I ~ 1 I I I I 1 1 I 1 '.. . I I- v ~, ) I I - I I I I I 1 <{. . I~ III I I I !~ ~ " I I í PROPOSED SOD PARK'NC7 PROPOSED 20' I WAHCO .,~ . PAVEMENT 1 rR(( ·w·". . l I -. (I>P)~:";,'¡ .~ ',' PRCFOSED .....'v' " I '" HEADER CURB , WOOD L.. POr,(JI . " I I , , , , Im([' I 'Tit([ PQ.£ ~i~ \ : l-.o~' 1 ',I ~ '.' '_1:12....-- ~ I I 1- ~I 1 1__-1.., ,I-:---I~=- ì 1 I I 1 ' P=""-~I" ""'"1 I " L-=:1=L: :1=1.:-1.-1 - - - - \. f- - ~I OM ~ "'E£ ; .~ JJZ- ~ \ , ïÞ :z oC :~ ~ ~ .¡; IL .,. '" ... '" ~ .. '. :.. ~ 5 :z: N ~ ·,5 · .' r:~) ò .~ .' O"K ~T7 II¡(( ','or- ~; Co , . , " r _.' ot,( I ,.111£[ · '. . . ) ROYAL POINO""''' ':W:"'- . "'H :: .: . I (IYP) ~:I;" , .,.. '" · i'.J I . ., P'-l" .. fR([ (J)P) . /wooo .. J po..£ .. . 2 nlH -- .: '''' -- r \ : . ) "j <\ -1. . - I j1 00' (R) .' U' .CS'.:(IA)· '. ,~. COHC,,£I( ..AU< ! I --L ' I ¡\ ~: c< : I 1r- - ---- "', lL -F~Ji.E-=- ~T-STREET-L - - ----4 _ _ _ - 1: r-=-.:rro PA~"["; -- - ------.- -._-- r I "'.~(INCS '. " .' {)K . . ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T.~~~Y MANA:;~ ~_,~.~ O,,~~~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: SPECIAL MEETING OF AUGUST 18, 1992 REQUEST FOR EXTENSION OF MARINA CAY SAD ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of direction as to how to proceed with a request for an extension of the Marina Cay SAD. Under current regulations, an extension cannot be granted. Marina Cay is a proposed mixed use development with retail, residential, restaurant, and marina components. It is to be located on eleven acres of land between Federal Highway and the Intracoastal Waterway, south the Flea Market. This item has been placed before the City Commission at the direction of the Mayor. BACKGROUND: Attached is correspondence from Lois Kelly, General Partner, requesting an extension; and from David Kovacs setting forth the reasons why an extension cannot be granted. Under current regulations, the manner in which Marina Cay would proceed is through a new zoning petition accompanied by appropriate fees and up-dated submittal information (including an up-dated traffic study) ; it is not permissible to grant an extension. In order to consider an extension, it would first be necessary to amend our development regulations. An amendment to the SAD regulations (treating an extension to a SAD as a special case, apart from extensions from pre-LDR site plans and Conditional Use items), would have implications for previously approved, but currently expired SAD approvals for Isles of Delray and the 8th Street Marina. Also, such an approach would have implications for pre-LDR site plan and Conditional Use approvals. SPq- " " , . . city Commission Documentation Request for Extension of Marina Cay SAD Page 2 With expiration of the SAD, the project "disappears" and the property has a special zoning designation (SAD) without a site (development) plan. Thus, in order to put any use on the property it is necessary to first go through a rezoning process. Also, with expiration, reservations of capacity in the sewer, water, and traffic systems which is currently allocated for the Marina Cay project loses its priority i.e. if necessary that capacity would be allocated to other projects which come on line. Thus, the directions which the City Commission may pursue include: 1- That the property owner follow the procedures laid out in the regulations and proceed through the rezoning process; or, 2. Direct the Administration to come back with an ordinance which will accommodate the petitioners request. RECOMMENDED ACTION: Commission's discretion. Attachments: * Kelly request letter of July 9th * Kovacs response letter of July 27th DJK/CCMARINA.DOC ,. ,·',1' .. 0 f·~ ~~ /' SEACREST COMMERCIAL PIWPEHT J ES , LTD. 1925 North Federal II i ~ }n.. 0 y Delray Beach, Florida :~ 3 -1 8 3 (407) 272-2444 July ~, 1992 ~1 r. David T. Harden City Hal1Rger City of Delray Beach 100 N. W. First Avenue Delray Beach, Florida 33444 Re: Ordinances 31-91, 32-91, and 51-89 ~1arina Cay S. A. D. Approval Dear ~1r. liard in: On behalf of the owners of Harina Cay and their Lenders, we request an extension of the above referenced approval which is scheduled to expire on August 22, 1992. We are requesting the extension for a period of 18 months. Due to the recession and the present banking situation in the United Stales it is difficult to obtain financing. We are presently negotiating with Lenders who are interested in financing our proj ec t. This ",ould allow us to get under '.lay shortly. We appreciate your assistance and support for this project. If there are any questions regard iog the above, please contact me. Sincerely, c;:I ~. ~::r--~ GeneralPartner encl. cc: Thomas E. Lynch, Hayor J- ~~tlErrWJElD) , , Commissioners: Wi] 1. iam Andrews David E. Randolph, Sr. Armand ~10uw JUL 10 1,92 ,Jay Alperin David J. Kovacs, Director, Planning & Zoning FLM~NING & ZONING City Attorney Jeffrey Kurt? James W. Nowlin, General Partner . .. [ITY OF DELAAY BEA[H 100 I\ W 1st AVE\'_E . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 July 27, 1992 Lois M. Kelly, General Partner Seacrest Commercial Properties, Ltd. 1925 North Federal Highway Delray Beach, Florida 33483 Re: Request for Extension, Marina Cay SAD Dear Lois: Your letter request of July 9, 1992, has been referred to this office for analysis and a reply. For various reasons, as identified below, your request cannot be accommodated. In order to seek a new approval for establishment of use, a new rezoning petition with attendant submittal materials must be filed. Among the reasons that we cannot accommodate your request are: * the request was not received at least forty-five (45) days prior to the expiration date [2.4.4(F)(l)(a)]; * as with your previous request for extension, the original approval was pre-LDR; accordingly, the LDR provision which prohibits the extension of a development order previous to October 1, 1990, applies. The extension which you received in March, 1991, did not give you an approval but only modified the previous termination date; * with the code revisions of March, 1991, it is clear that the expiration date of a Large Scale Mixed Use SAD is to be per a date stated in the enacting ordinance. Ordinance No. 32-91 established that date as being August 22, 1992; * the "special relief" provisions under which your previous request was considered are no longer valid. They expired on May 1, 1992. T'-1= E::::C·~T A,_:,:",tS MATT~RS .. · To: Lois M. Kell.l Re: Request for Extension, Marina Cay SAD Page 2 Besides going through the rezoning process, as directed pursuant to Section 2.2.25(C)(3), the only other avenue of relief is through a direct appeal to the City Commission or the Planning and Zoning Board who may initiate an amendment to our Land Use Development Regulations. C5ial~Y~tu DaVi~ovacs,~or Department of Planning and Zoning DJK/dlm c: Mayor Thomas Lynch David Harden, City Manager Jeff Kurtz, City Attorney ~r4.'na,....ca,Y;."J'roject File DJK/MARINAC.DOC If " ~~ SEACREST COMMERCIAL PROPERTIES, LTD. 1925 North Federal Highway Delray Beach, Florida 33483 (407) 272-2444 PEe - July 9, 1992 ' I ,EIVED JUL 9 1992 Mr. David T. Harden CITY MANAGER'S OfFICE City Manager City of Delray Beach 100 N. W. First Avenue Delray Beach, Florida 33444 Re: Ordinances 31-91, 32-91, and 51-89 Marina Cay S. A. D. Approval Dear Mr. Hardin: On behalf of the owners of Marina Cay and their Lenders, we request an extension of the above referenced approval which is scheduled to expire on August 22, 1992. We are requesting the extension for a period of 18 months. Due to the recession and the present banking situation in the United States it 1S difficult to obtain financing. We are presently negotiating with Lenders who are interested 1n financing our project. This would allow us to get under way shortly. We appreciate your assistance and support for this project. If there are any questions regarding the above, please contact me. Sincerely, ~':\~K~ GeneralPartner encl. cc: Thomas E. Lynch, Mayor RECEIVED Commissioners: 7//0 (9;;)- William Andrews David E. Randolph, Sr. CITY CLERK Armand Mouw Jay Alperin David J. Kovacs, Director, Planning & Zoning City Attorney Jeffrey Kurtz James W. Nowlin, General Partner .. " 06/06/91 1l~41 '5'407 243 ?774 CI TY/DELRAY BCH. !4J 002 .' ,- " , . -, . '" ._... ...... - ..." '..' - .... ,.- ._. ". ... ......~-.--:"-----:-. -::""'; -~------... ,. - -.---.-- ,.----. .-....._-- ._- . ... ..... . .....1... ,; -.;.~ ..:... _.~--,...- -~', .'--' --- ..--., , I ORDINANCE NO. 3l-!H I I AN ORDINANCE OF 'niE c1'N COMMISSION OP THE CITY OF DELRAY BeACH, f"LORIOA, AMENDING CHAPTER .. . "ZONING ¡ REGULATIONS", SECTION 4.4.25, "SPECIAL ACTIVITIES I Dl STRI CT (SAD)", OF mE Lw\ND DEVELOPMENT 1{!GtILATIONS OF THE CODE OF ORDIN)\Nces OF THE CITY OF DEt.AA'l BEJI\CH, FLORID", BY AMmDING SUBSECTION 4.4.25{C), "RI!;VIEW ,\ND APPROVAL PROC f;SS " , TO PROVIDE IN ÞÄRAGRAPH 4.4.~S(C)(3) ~OR INCLUSION OF THE INITIAL APPROVAL PERIOD WITHIN THE ~ACTING ORDINANCE FOR LARGE SCALE MIXED USE D!VELOPJttNT; BY AMENDING SUBSECT¡ON ".4.2S{I), "S.1>..b. 's", TO PROVIDE FOR EXTENSION OF THE DATE ON WHICH APPROVAL FOR THE ( MARINA CAY SAD ~PIRES TO AUGUST 22, 19~2; PROVIDING ^ SAVING CLAUSE; PROVIDING ^ REPEALJUl Çt...~USE ; I PROVIDING AN EfFECTIVE DATE. NOW, THEREFORE, al!: IT ORDAINED BY THE Cl'tY COMMISSION OF THE CITY OF DELRAY BEACH, FLORtDA, 1\S FOLLOWS: "Dasè Séction 1. That Chðþtðr 4, "Zonine¡ Regu14tiong", Article ..., Zoninq oistrict" , Section 4.4.25, "Special Activities District (Sl\D)", Subsection 4.4.2S(C), "Review and 1\ppx-oval Process", of the 1"and Development Regulations of the Code or ordinances of the City of pelrey Beach, Florida, be, and thè &~e is hereby amended to read aB follows: (1) Esta.bl1.shment: Section 2. 'l'hat:. Chaþter 4, "Zoning Ilegulat.lons·', Article 4.4, "Base Zoning Dl&trictll, Section 4.4.25, "Special Act! v it ies District (SAD)", Subsection 4.4.2S(I), "S.A.D.S", of the 1"an<\ Development Requlations of the Code of Ordinances of t.he city of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ( 5) l-tar ina cay, Ordinance No. 51-89, not cstablished, approval expir~s on Feer~ft~-~~;-t99i AUQUst 22, 1992; Section ). 1'hat should any sQction or provision of this ordinance or any portion thereof, Any paragraph, sentence, Or word he declared by a court of compBtênt jurisdiction to be i~valid. such deci- sion shall not affect the validity of the remaind.~ hereof as a whole or part thereof other than the part declared to be invalid. S~ctiQn 4. That all otdinance5 or parts of ordinances which are in conf¡ict herewith are heroby repealed. Sèctlon 5. That this ordinance shall become effective t.en {IO) days after its passag~ on second and final readln9. , '. " 06/06/91 11: 42 'ð'407 243 3774 C: TY /DELRA Y BCH. !4J 003 - ..-_. - .. ..,.-- - .".. _..... ., ' .._ ..,_._..a_~.. " ...........----.---.. --.- - , . .... ". PASSED AND ADOPTED in regular ~esslon on second and final: reading On tills the ~ day of ~larch ~?~ 1\'B.EST: . ~lCrlt{)Jp ~lf/r7 /þÆ7:¡- Clty Cler First Rcaòing March 1'1, 1991 Second ~eading March 26, 1991 , I I ! I I I I I I I ? ORI>. NO. 31-91 . .. .. 06/06/91 11 ~ 42 'Õ'407 243 _377~ CITY /DELRA Y BCH. f41 004 - - .. .- ,-- ... '.. ... - - ___. _.,-"__.'_ ".,..0.-_ _.-. .'.--- .-- - - .. .' - - ... _. -. .. -.- _. -- ".... -...--.p -.-.....'---- -..-. .. ....~-,- ..... ...- ..' . . '_'IIDINANCE NO. 32-91 I j>,~ ORD:tN.l\NCE or THE CITY COMMISSION OF THE CITY OF D£LRÄY BEACH, ~LORIO~, AMENDING ORDINANCE NO. Sl-89, ; 1'0 PROVIDE fOR AN EXTENSION OF THE APPROVAL DATE FOR , THE Ml\1UNA CAY SAD TO AUGUST 22, 1992: PROVIDING Þ. I SAVING CLAUSB) PROVIDING A REPut.!R CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION O~ TNt¡ CITY OF D~L~Y BEACH, FLORIDA/ AS FOLLOWS: I Section 1. That O!-d1nancc No. 51-89, Section 3 preViOUSlY passed by the City Commission of the city of Delray Beach on August 22, 1989, be, and the same is hereby amended to read as follows: ' Section 3. That the development of the 5ubJect property described . Sect.ion 1, ~bove, izo to be in accordance with çhe ~n t.erms, conditions and provision as set forth in "An at t,ached heret.o and made ~ pArt hereof and develo ent as set forth in ~hib1 t .. · "" liU· Section 2. That should any section Qr proÿizolon of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be 1nvalid. such deci- sion shAll not affect the validity of the remaindor hereof as a whole or part th~r~of other thAn the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which drc in conflict hêrêwtth are hereby repealed. Section 4. That this ordinance shall become effective ten (lQ) days after Its p&$s&ge on 5econd and final reading. PÞ.SSED AND ADOF'rED in fC9ular sesslon on second and final reading on this the ~ day of Mørch ~~¿ ~W.T )¡, ~n~/' '/l.r J/oYA¡- C~ty Cl(!r . First Reading March 13, 1991 Sp.cond Readln9 March 26, 1991 f I 1 I I I . '. .. Workshop Item No. 4 - August 18, 1992 4. Fiscal Year 1992/93 Budget City Manager advised that with respect to the City Marina, staff is recommending that we increase the dockage fees at the marina by ten percent (10%); that would be from the current $.30/foot per day to $.33/foot per day. Asked for reaction from the Commission. Also advised that the increase should bring us in about another $8,000 or so in revenue. Consensus of the Commission was that they would be in favor of such an increase. .. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [0'1 SUBJECT: AGENDA ITEM *~ SPECIAL/WORKSHOP MEETING OF 8/18/92 FISCAL YEAR 1992/93 BUDGET DATE: August 14, 1992 This is a reminder to bring your budget books with you for discussion of this item. ws4 .. " --- [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 200 :-;W 1st ,\\T:-;lT . DELRAY BEACH, FLORIDA 33444 L\CSI~!ILE ~(I~ 27:';-4ì"" Writer's Direct Line (407) 243-7092 MEMORANDUM Date: August 14, 1992 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Delta Petroleum Corporation v. Ci y of Delray Beach Our File No. 05-92.008 This case involves the denial of the site plan for the Shell Gas Station on West Atlantic Avenue. The court has thus far refused to consider the petitioner's appeal because there has been no written order issued by the City. I am therefore placing this item on the agenda to reaffirm your previous decision and execute an order denying their site plan and conditional use application. It is also my recommendation that the City adopt writings evidencing decisions made by the Commissron on all land use items that are subject to appeal. Our office will be devising such form~ artd"presentirig them to you for your review on August 25. . 'iL~ JSK:sh . :1 cc: David Harden, City Manager delta-1.jsk SP5 '. " . ..--- --- -- IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA APPELLATE DIVISION (CIVIL) CASE NO. AP 92-1776 AY DELTA PETROLEUM CORPORATION, A Florida Corporation, and SHELL OIL COMPANY, a Delaware Corporation, Petitioners, vs. A Political ( CITY OF DELRAY BEACH, Subdivision of the State of Florida, i ¡ , Respondent. - / - ---- - q .. BY ORDER OF THE COURT: r,) - - I; -~- ~ -~- This Cause came before the Court upon Petitioners' , ;¡ DELTA PETROLEUM CORPORATION, et al., Notice of Filing Affidavit. The Deputy City Clerk for the City of Delray Beach relates that the City Commission does not issue written orders evidencing decisions made by the Commission. The minutes of the city commission's January 14, 1992, meeting do not qualify as an "order." See Rule 9.020 (e) , Florida Rules of Appellate Procedure. ,. . < . --- --- Accordingly, if the membership of the city Commission has not changed since the January 14, 1992, hearing, the City Commission is ORDERED to render an order within thirty (30) days of the date of this Order. Rule 9.100 (c) , Fla.R.App.P. ) PALM BEACH COU""¡Y . ~¡A.T~ n. ,;.onro¡\ ; It i r. ~·r('!-,y toO:,: ( t., tf::ìi t!~c .' ~ , ¡.",-.::;.:,... .. DONE: July 24, 1992-·' ,~ ';" ., ,t' f. .~j t: .~. ,}I :(il r Thi3_C:.', "~,~~.t.!.mwt_ .' , 'I f ,~ { .; ~', T:: H t. ; , : ,'; ...:~~'J~l .' - cc: ... .... ".,.,. o,r.. .., . ," .. \ ; ..... Jeffrey Kurtz, Esq. ...... ~ '«. ~ ...."' ".:......... Martin Perry, Esq. _t .~. "!k .__... \.. ,~~ ~ ., ¡ ---- -~- , i .. " --.- [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1s! AVU'WE . DELRAY ßL\CH, FUJíU[)A -,3~"¡-1 FACSIt-.!lLE "¡07/278·4Ï55 Writer's Direct Line (407) 243-7092 MEMORANDUM Date: August l4, 1992 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Robert Rollinson v. City of De Our File No. 05-91. 020 The Risk Manager and I attended a mediation in the above- referenced lawsuit on August 12, 1992. The matter is currently set on a docket beginning September 8, 1992. The Risk Manager and I are recommending a settlement in the amount of $9,000 in this case. This expense would be less than the cost of concluding expert discovery and paying for our own expert fees and court reporter fees through trial. While the Risk Manager I and I CQncur that no liability should be assigned to the City in this càse, we are recommending settlement. The reason for that recommendation is that it will cost us more than that amount to go to trial and the exposure is extremely high in this case. On December 28, 1989, Robert Rollinson was jogging along the east side of Dover Road approximately one-quarter mile north of Linton Boulevard. A speeding vehicle traveling southbound on Dover Road crossed over its lane and onto the shoulder of the road to strike Mr. Rollinson in the back. Mr. Rollinson nearly died as a result of the accident and has thus far incurred over $500,000 in medical expenses. While his recovery has been amazing, there remains permanent injuries to his body and it is anticipated that further surgeries will be required. The vehicle that struck Mr. Rollinson was never found, as there were no witnesses to the accident and the car kept on going after it had struck Mr. Rollinson. I would anticipate that damages in this case, if a jury were to find liabii.ity, wouJ..d be in the several millions of dollars. The plaintiffs are alleging that the City failed to maintain the roadway and shoulder in a proper condition. The City has found no evidence of any defects on the roadway or in the maintenance of that roadway and I would be confident of success at trial. Nonetheless, one has to acknowledge that Mr. t;pCo ,. .. ---- City Commission August 14, 1992 Page 2 Rollinson makes a sympathetic plaintiff and the damages in this case are extremely high. Furthermore, there are no guarantees possible when one is going to trial, and therefore, our office would recommend the settlement for the $9,000. It is expressly contemplated that $7,500 of the monies be used for Robert Rollinson's continued education. He is preparing to enter Florida Atlantic University to study accounting, as he has completed his course work at Palm Beach Junior College. A rate of $1,500 will be paid to experts that his attorney has engaged and no monies will be paid to his attorney as attorney's fees. It should also be noted that the plaintiff's costs in expert fees exceed $1,500 at this time. Should the commissioners have any questions concerning this matter, please do not hesitate to contact our office. JSK:sh cc: David Harden, City Manager Lee Graham, Risk Manager rOllin-1.jsk -----........ '. I.' . ' ,\ ífr( ') (..-' t MEMORANDUM TO: David T. Harden City Manager FROM: William H. Greenwood Director of Environmental Services SUBJECT: CITY OF DELRAY BEACH SW 10TH STREET IMPROVEMENTS, FROM WEST OF GERMANTOWN RD. TO NORTHBOUND FEDERAL HIGHWAY PROJECT #91-068 DATE: August 14, 1992 A synopsis of estimated project costs for the SW 10th Street Improvements prepared by Mock, Roos and Associates, Inc. is as follows: 3 Lanes 4 Lanes Total Estimated Includes Designated Includes Designated proiect Cost Summarv Turn Lanes Turn Lanes Construction & Engineering $4,030,000 $4,560,000 Land Acquisition -0- 450,000 Totals $4,030,000 $5,010,000 Fundinq Summary Decade of Excellence Fund $2,600,000 $3,560,000 Stormwater Utility 1,430,000 1,450,000 Totals $4,030,000 $5,010,000 The Decade of Excellence Bond Issue originally allocated $2,000,000 to improve 10th Street Southwest/Southeast from Northbound Federal Highway to West of Germantown Road. The original estimate did not include implementation of a stormwater master plan. The consultant recommends installing the necessary storm drainage piping for the entire drainage basin in conjunction with the 10th Street project. This recommendation would be the most cost effective. WS/t It Direction from the city commission is requested on the following topics: * Selection to design and fund a three or four lane road with all designated turn lanes. * Designation of funding sources. #~o--- ~_fl William H. Greenwood WHG/cw cc: Robert Walker, P.E., Mock, Roos and Assoc., Inc. - FAX Project #91-068 esprsw10.mem .. ,. MEMORANDUM Ii Ë C f: I V ED AYe 4 1992 TO: David T. Harden CITY MAN,;:, ci ty Manager tJÞØ¡ OFFICE THRU: William H. Greenwood 'i/3/4'z.. Director of Environmental Services FROM: Ralph Hayden, p.E.~L Ci ty Engineer '\L0pr DATE: July 30, 1992 SUBJECT: Agenda Request for Workshop Meeting, S.W. 10th st. Project No. 91-68 Attached is an agenda request for a presentation to the City Commission at their workshop meeting on August 18, 1992 regarding S.W. 10th Street road construction. Mock Roos and Assoc. will make the presentation to discuss the various design considerations to include: 1. Alternate design considerations (three lane, four lane, five lane sections.) 2. Potential problems associated with the requirements for the taking of land and setbacks to existing buildings. 3. Design considerations for various aspects of drainage and road alignments. 4. Associated cost for the various alternatives. Presentation exhibits will include right-of-way drawings, requirements for taking and setbacks, photographs, and cost data. RH:mm cc: Richard Hasko, P.E., Asst. City Engineer Greg Luttrell, Traffic Engineer Robert Walker, Mock, Roos and Assoc., Inc. File: Project No. 91-68 (D) Memos to City Manager RH168730.MRM 'It .,1 - ----,,~ !' RUG 12 ''32 15 : 07 P.2 .....-... . MOCK, ROOS &. ASSOCIATES, INC. ENGINEERS · SURVEYORS · PLANNERS 5720 CORPORATE WAY. WEST PALM BEACH, FLA. 33407 · TElEPHONE (407) 683-3113 August 12, 1992 William H. Greenwood Director of Environmental Services City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Subject: 10th Street Southwest/Southeast Proposed Improvements, City of Delray Beach (Our Ref. No. 92·151.00) Dear Mr. Greenwood: As you requested, we have reviewed the estimated storm drainage costs for the proposed lOth Street project. The estimated costs, as shown on Exhibit A of our original submittal, indicate a total storm drainage cost of $2,014,500. This cost provides for the construction of a major outfall along 10th Street, serving areas north and south of 10th Street, as part of the Stormwater Master Plan. We reviewed two possible methods of allocating a portion of that total cost to the 10th Street project as follows: Method No. 1 - Allocation of costs as a percentage of the total drainage area: Natural drainage now flowing to 10th Street amounts to approximately 11.7 percent of the total area to be drained by the Master Drainage Plan outfall for 10th Street. Based upon this calculation, the allocation to lOth Street would be approximately $236,000. Method No. 2 - Estimated costs of a storm drainage system to serve lOth Street only: If a project were designed to serve only that drainage which now drains directly to 10th Street, it is estimated that the construction cost would be approximately $580,000. If you would like to discuss this in more detail, please let me know. Very truly yours, RJW:nc I .. ~, '... -...-- ~ i 1.:1,£ ","-. I .. ¡J~ (~ 4......L - BUDGET ESTIMATE FOR SOUTHWEST 10TH ST. Project: The City of Delray desires to improve SW 10th St. from west of Germantown Rd. to northbound r;'ederal Highway. Consideration is being given to 3-lane, 4-lane, and 5-lane roadway improvements. EXISTING CONDmONS SW 10th St. exists as a 2-lane roadway with little or no formal stormwater drainage system. The existing right of way varies in width from 50 feet to 90 feet. The adjacent land for the most part is occupied with residential structures including fences, hedges, and other improvements. There 'are existing underground and aboveground utilities within the right of way. There is a highly sensitive fiber optics and defense cable crossing of SW 10th St. in the vicinity of the FEC railroad. CONSIDERATIONS A 3-lane roadway can be constructed without additional right of way acquisition. However, should the road be widened in the future beyond the 3-lane capacity it will be necessary to remove concrete curb and sidewalk for the roadway expansion. Any roadway construction beyond 3-lane capacity at this time will require right of way acquisition which will require more extensive surveying, right of way maps, parcel descriptions, appraisals, negotiations with property owners, and probable condemnation of private property. The condemnation of land will involve court costs of both the city personnel, staff, professional consultants and expert witnesses as well as the attorneys' fees and expert witnesses of the private property owners. The city presently has two other projects active in the vicinity of SW 10th St. These projects are a master stormwater management plan and certain street improvement projects. The proposed design of SW 10th St. should consider an ultimate outfall for the drainage area related to the area including the proposed street improvement projects. 1 It " --.-+", -. ~ CONCLUSION The estimated construction cost and engineering fees are shown on "Exhibit A". Exhibit A also has an estimated quantity for land acquisition for the 80 foot right of way section. Without the benefit of a land survey, right of way map and appraisal, it is difficult to estimate the cost of the taking. This matter was discussed with a real estate appraiser and it was indicated that the land cost for residential property without damage to the remainder could be $7 per sq. foot. 2 .. " . . . '- . Exhibit A ESTIl\1ATED COST I ITEM I 3 LANES I 4 LANES I 5 LANES I CONSTRUCTION 1. Storm Drainage within Project 1,054,500 1,054,500 1,054,500 2. Storm Drainage Outfalls 960,000 960,000 960,000 3. Roadway 595,800 852,100 957,500 4. Sidewalks and Drives 148,000 134,200 134,200 5. Miscellaneous 36,500 46,100 32,900 6. Utility Conflicts 100,000 125,000 150,000 7. Signalization 200,000 300,000 300,000 7. Railroad Crossing 100,000 100,000 100,000 8. Construction Contingencies @ 319,500 357,200 368,900 10% Subtotal Construction 3,514,300 3,929,100 4,058,000 Fie]d Survey ]4,000 20,000 20,000 Testing (Design and Construcûon) 9,000 10,000 11,000 Right of Way Survey, Mapping and 0 39,000 39,000 Sketches Permitting 25,000 30,000 30,000 " Engineering (Design Phase) 246,000 275,000 284,000 Engineering (Construction Phase) 175,000 196,000 203,000 Contingencies 50,000 57,000 59,000 Subtotal Project Cost 4,033,300 4,556,100 4,704,000 LAND ACOUTsmON Length o L.F. 4,987 L.F. 4,987 L.F. Area o S.F. 67,333 S.F. 67,333 S.F. Legal and appraisal for land acquisition ,- .. " ~ I-\Ub I J \11' CiTY µ¡'P0J !JH-(; C CITY COMMISSION WORKSESSION DOCUMENTATION \" . SUBJECT: LANDSCAPE MEDIANS, LAKE IDA ROAD, ~A9T OF CONGRESS AVENUE é\ MEETING ATE: AU UST 18 1992 PREPARED . _". V~~~i'~TOR OF PLANNING BACKGROUND: This subject was before the City Commission previously at which time direction was given to proceed with firming up costs and other obligations. Attached is a letter from the City Manager to the County Engineer in which all the items of concern are identified. Subsequent to the letter, the Director of Planning met with County Staff and our Assistant City Engineer has met with the County's design consultants. The results of those meetings will be discussed at the worksession. DIRECTION: Further direction relative to pursuit of the project. Attachment: * Harden letter to George Webb DJK/CCLAKE.DOC ù)S;L .. p, " / I [ITY OF DELAAY BEA[H tCO ~ r.'. 11~ AY£r~1_IE . DELRAY BEACH I'LOHIDA 33444 July 27, 1992 Mr. George Webb, P.E. County Engineer P.O. Box 21229 West Palm Beach, Florida 33402 Re: PROPOSED LAKE IDA ROAD DESIGN SWINTON TO CONGRESS AVENUE LANDSCAPE MEDIAN CROSS-SECTION Dear Mr. Webb: As you are aware, the City of Delray Beach has an extensive roadway beautification program. As a part of our overall program, landscape improvements were targeted for Lake Ida Road and some funding has been set aside for that purpose. The current cross-section for the County's Phase I of the Lake Ida Road Improvement Project (Congress to Swinton) does not accommodate our desire for a landscape median. Further, the County's 5-Year Road Plan calls for construction of this section in FY 92/93 with a tentative start date in early 1993. t While the roadway plans are near com~letion for the construction of a 5-lane section, we understand that there is still the ability to alter the design without excessive delay in completing the project. Our City Traffic Engineer has been working with the County Roadway Production Division relative to a possible redesign. The parameters of the work include the following: 1- Proposal: A cross-section in general conformance with a typical section as referenced in a letter from Javier Lopez, P.E. , dated June 1, 1992; and the subsequently submitted red-marked plans showing median openings and turn lanes. In general, the proposal involves: A. obtaining about 5.5' of right-of-way from Sta 137+20 to approximately Sta 158+80. B. accommodation of seven ( 7 ) landscape medians (hardscape by County, landscape separate by the City) between Congress and N.W. 5th Avenue in lieu of the designed fifth lane. C. accommodation of five (5) turn lanes in lieu of the designed fifth lane. D. accommodation of one ( 1) right turn lane to serve future development. T·,- E--~·' '. ^ j,1, . - : : It .. r· Mr. George Webb, P.E. , Proposed Lake Ida Road Design - Swinton Avenue to Congress Avenue - Median Cross-section Page 2 E. accommodation of turning movements onto an extension of N.W. 10th Avenue which is currently designed, permitted, and under construction. F. a wall which exists adjacent to nine ( 9 ) lots of the Lake Ida Shores Addition will be demolished as a part of the construction project (provided that it is located within the to-be-deeded right-of-way). Any new wall will be designed and constructed through arrangements between the City and the affected property owners and homeowners association. 2. Conditions to Accommodating Redesign: Through discussion among our staff, I understand the following accommodations are to be met: A. the cost of redesign, as it pertains to changes A through D, above, are to be at the City's expense; B. the City must provide, by deed, the additional right-of-way; C. by pursuing redesign, the overall scheduling (in the 5-year program) will not change; however, the start date may likely be delayed until the end of FY 92/93. 3. Additional Conditions: In addition to the above, a property owner (Isles of Delray) has required the following in order to obtain the needed 5.5' of additional right-of-way from Sta 137+20 to Sta 146+40: A. In that there is excessive right-of-way provided along Isles of Delray property from Sta 126+60 to l37+20, he desires that it be abandoned (8.5' after accommodating the 5.5' need for the proposed section). The excess right-of-way was dedicated by plat, in 1980, to the "City Council of Delray Beachll. Given this situation, may the City consummate the abandonment process, or must the County do so? If the County must act, what time frame is involved and must such an abandonment precede redesign efforts? Please note that this abandonment will be compensation for his dedication of right-of-way from Sta 137+20 to sta 146+40. B. Accommodation of a westbound right turn lane, across from Roosevelt - this turn lane would be needed to accommodate access into the yet to be developed portion of Isles of Delray. It seems appropriate to construct this feature concurrently with the other road improvements; this is true from both a convenience and ultimate cost savings perspective. Given all of the above, I am seeking the following confirmations, directions, and commitments from your office: 1- That the above items constitute your Department's understandings of the situation. " " r .. . Mr. George Webb, P.E. Proposed Lake Ida Road Design - Swinton Avenue to Congress Avenue - Median Cross-section Page 3 2. That since the original dedication on the Isles of Delray plat was to the City of Delray Beach, that the City Commission can consummate the desired abandonment. 3. That the redesign costs to accommodate the landscape median would be assessed to the City. Please provide an estimate of those costs. 4. What time frame is required, of us, with respect to delivering deeds for additional right-of-way and funds for redesign, in order to retain project funding in FY 92/931 ' 5. Since the accommodation of the landscape medians (curbing) and concrete medians will occur in what was to have been a paved fifth lane, it appears that there should not be any costs to the City for such construction. Please confirm. 6. The westbound right turn, across from Roosevelt, does not represent a significant cost and thus, it also, would be accommodated without any additional cost to the City. Please confirm. I believe that the above brings together all of the facets associated with this project. Your prompt attention to this request is desired so that undue delays do not occur. Our Traffic Engineer is not available until August 13th; thus, please direct your inquiries and requests for additional information to our Director of Planning, David Kovacs. He can be reached at 243-7040. Thank you for your assistance in getting to this point. I look forward to your response. Sincerely, 4w:Q~/d~ DAVID T. HARDEN City Manager c: Mary McCarty, Commissioner District IV David Kovacs, Director of Planning Greg Luttrell, City Traffic Engineer William Greenwood, Director of Environmental Services Ralph Hayden, City Engineer Lula Butler, Director of Community Improvement Nancy Davila, City Horticulturist John Carroll, P.E., Director Roadway Production Javier Lopez, P.E. , Program Manager Roadway Production David Henninger, President, Lake Ida Homeowners GL/DJK T:WEBB ,. " .- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt!~ SUBJECT: AGENDA ITEM ø~~- SPECIAL/WORKSHOP MEETING OF 8/18/92 PROCEDURES TO FILL CITY COMMISSION VACANCY DATE: August 14, 1992 With the upcoming election in November, a vacancy may be created on the City Commission. Attached, for your information, is a copy of City Charter Section 3.06, which provides for the filling of vacancies. By, Charter, the Mayor and remaining Commissioners, by a majority vote, shall appoint a qualified person to fill the vacancy. The individual appointed to fill the vacancy will serve until the last Thursday in March following the next regular city election, provided that the vacancy occurs at least sixty calendar days or more preceding the date of the city election. If a majority of the Commission cannot agree upon the appointment of an individual to fill the vacancy after two regular meetings have been held, then the Commission shall call a special election for that purpose, to be held within 60 calendar days following the second regular meeting. lAJ;~ .. " . . CHARTER Section 3.06 Section 3.07 DELRAY BEACH CH city manager, and neither the commission majority vote, to appoint a qualified ca nor its members shall give orders to any person to fill the vacancy. The, (C such officer or employee, either publicly appointed member shall serve untll the 2- or privately. Nothing in the foregoing last Thursday in March following the next A~ is to be construed to prohibit individual regular city election, or until the last pa t members of the commission from closely Friday in March should the last Thursday scrutinizing by questions and personal fall on a legal holiday. In the event s" d observations, all aspects of city the term of office to which such person government operations so as to obtain was appointed does not expire as of the independent information to assist the last Thursday in March following the next mE members in formulation of sound policies regular city election, or until the last me to be considered by the commission. It Friday in March should the last Thursday cc is the express intent of this charter, fall on a legal holiday, and the vacancy s; however, that recommendations for occurs at least sixty ( 60) or more 0: improvement in city government operations calendar days preceding the date of the m. by individual commissioners be made to regular city election, then the appointed nc and through the city manager, 80 that the member filling the vacancy shall serve e; city manager may coordinate efforts of until the last Thursday in March all city departments to achieve the following the next regular city election, greatest possible savings through the or until the last Friday in March should é. most efficient and sound means available. the last Thursday fall on a legal !::, holi day, and the remainder of the (c) Holding of other office. No unexpired term shall be f HIed by former elected city official shall hold election at the next regular city r 8 any compensated appointive city office or election in the manner provided in ç employment until one year after the Article V of this charter. If a majority expiration of the term for which he was of said remaining members are unable to s elected, unless such appointment or agree upon the appointment of a ., employment be specifically ratified by commissioner to fill said vacancy after m I the affirmative vote of the commission. two (2) regular meetings have been held, m (Ord. 4-76, passed 2-23-76, App. at Ref., then the commission shall call a special p 2-2-76; Am. Ord. 11-83, passed 1-25-83, election for that purpose, to be held c App. at Ref., 3-1-83) within sixty (60) calendar days following e the said second regular meeting. 3 Section 3.06. VACANCIES; FORFEITURE OF a OFFICE; FILLING OF VACANCIES. (d) The office of mayor shall became vacant for any reason that the office of ( (a) Vacancies. The office of a any other commissioner may become vacant, 2 commissioner including the mayor shall and a vacancy in the office of mayor become vacant upon his death, shall also be deemed a vacancy in the S resignation, removal from of f ice in any commission. If a vacancy occurs in the A manner authorized by law, or forfeiture office of mayor for any reason of his of f ice, such forfeiture to be whatsoever, the vice-mayor shall declared by the remaining members of the automatically succeed to the office of commission. mayor and shall serve as mayor until the last Thursday in March following the next , (b) Forfeiture of office. A regular city election, or until the last commissioner including the mayor shall Friday in March should the last Thursday forfeit his office if he: fall on a legal holiday. The commissioner so serving as mayor by (1) Lacks at any time during his succession shall then complete the term of office any qualification for the remainder of his commission term if any office prescribed by this charter or by part of such term remains unexpired. The law, or succession to the office of mayor by the vice-mayor shall create a vacancy in the (2) Violates any standard of conduct commission which shall be f ill ed in the or code of ethics established by law for manner set forth in section 3.06(c) , public officials, such violation to be shall be for the entire unexpired portion determined by remaining members of the of the mayor's term of office. commission, or (e) Extraordinary vacancies. In the (3) Fails to attend four ( 4) event that all members of the commission consecutive regular commission meetings are removed by death, disability, unless excused for good cause. resignation, or forfeiture of office, the governor shall appoint an interim (c) In the event a vacancy occurs in commission, including a mayor, wi ':h full the membership of the commission for any commission powers that shall then call a reason whatsoever, other than a vacancy special election as provided under this h in the office of the mayor, or except at charter not more than for ty- fi ve (45) the close of a regular term, it shall :,e the duty of the remaining members of the commission, including the mayor, by a .. " All~ÓI\ ~CtLJ¡lCfrZ ~~ --- [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE :'\\ :',1.\\ ¡:,-..;t ¡: . iJ[:UC\Y BE,\CH, FLORIDA 3J.;.¡.; ; \, .'; I \ 111. L ; II ~ 2' ,\ ..; - ,- Writer's Direct Line (407) 243-7092 MEMORANDUM Date: August 12, 1992 / /' / To: City Commission ¡/¡/ 1// From: Jeffrey S. Kurtz, City Attorney Subject: Fillinq the Unexpired Term of Co~issioner Andrews It is my understanding that Commissioner Andrews has resigned effective November 1, 1992 leaving the Commission with the responsibility to fill the remainder of his term, which expires the last Thursday of March, 1993. The process for filling a Commission vacancy is set forth in Section 3.06(c) of the City Charter (copy attached). The remttining members of the City Commission are to select a person tò-fill the vacancy within two regular meetings of the vacancy taking place. In this' case, that would be by November 24, 1992. In the event the Commission did not agree on a selection by the close of the meeting on November 24, a special election would have to be called and held wi thin 60 days to fill the vacancy. Therefore, it would be my suggestion that the appointment of a successor be agendaed for November 10, or if the Commission desires, a special meeting prior to that date. While not explicitly, within the language of the Charter, I think it is implicit that the selection not be made until after November 1. My rationale for that opinion is that there is no vacancy prior to that date, and the Charter does explicitly contemplate that the remaining members of the Commission make the decision. However, if the Commission desired, it would be appropriate to have a workshop or regular meetif'g prior to the vacancy occurring at which time potential candidates for the vacancy would be interviewed by the Commission. Should the Commission desire, it may advertise the opening and ask for solicitations of interest to fill the position within a specified time frame. I wish to reiterate, however, that nothing other than the time for making the decision, that being t. " -.. ~--- -- -_. : -- City Commission August 12, 1992 Page 2 between November 1st and the 24th, and that the remaining ~ Commissioners making the decision is mandatory. Should you have any further questions concerning this matter, please do not hesitate to contact our office. JSK:sh cc: David Harden, City Manager Alison MacGregor Harty, City Clerk exp1re.jsk -- " .'h! " - ~ 5 DELRAY BEACH CHARTER --- Sect i on 3.06 -- ordinance or laws of said .city, and city manager, and neither the comm i ss i on before entering upon the duties of their nor its members shall give orders to any respective offices, they shall each take such officer or employee, either publicly and subscribe to the following oath: or privately. Nothing in the foregoing is to be constr~ed to prohibit individual "I do solemnly swear (or affirm) that ~em~ers of the commission from closely I will support, protect and defend the scrutinizing by questions and personål Constitution and Government of the United observa t i cns, all aspects of city . States, and the State of Florida, and of government operations so as to obtain the City of Delray Beach; that I ar.1 duly independent in forma t i on to assist the qualified to hold office under the laws members in formulation of sound policies of the State of Florida, the charter a:1d to be considered by the commission. It laws of the City of Delray Beach, and is the express intent of this charter, that I will well and faithfully perform however, tha t recommenda ti ons for the duties of commissioner of the city improvement in city government operations upon which I am about to enter, so help by individual commissioners be made to me God. " and throu~h the city manager, so that the (Ord. 4-76, passed 2-3-76, App. at Ref., city manager may coordinate efforts of 2-2-76; Am. Ord. 83-83, passed 11-22-83) all city departments to achieve the greatest possible savings through the Section 3.04. MAYOR, VICE-MAYOR, AND :TIOS t efficient and sound means available. DEPUTY VICE-MAYOR; PO~~R AND DUTIES. (ç) Holding of other of f ice . No The mayor shall preside at meetings :ormer elected city official sha 11 hold of the commission, s ha 11 be recognized as =ny compensated appointive city office or head of city government for all employment until one year after the ceremonial purposes, by the governor for expiration of the term for which he was purposes of military law, for service of el.ected, unless such appointment or process, execution of contracts, deeds employment be specifically ratified by ¡ and other documents, as the city official ~he affirmative vote of the commission. i designated to represent the c i t y in all (Ord. 4-76, passed 2-23-76, App. at Ref., agreements with other governmental 2-2-76; Am. Ord. 11-83, passed 1-25-83, entities or certifications to other A¡:>p. at Ref., 3-1-83) () governmental entities, but shall have no administrative duties except as required Section 3.06. VACANCIES; FORFEITURE OF to carry out the responsibilities OFFICE; FILLING OF VACANCIES. herein. The mayor, vice-mayor, and j I deputy vice-mayor shall each have voice (a) Vacancies. The of f ice of a : and a ~ in the proceedings of c:Jmmissioner including the mayor shall commission, but no veto power. In the :,ecome vacant upon his death, absence or disability of the mayor, or resignation, removal fran office in any , should the vice-mayor refuse to perform "\anner authorized by law, or forfeiture the duties imposed on him by 1 aw , the cf his office, such for fei ture to be deputy vice-mayor shall have all the =eclared by the remaining members of the powers, duties and prerogatives of the co,am i ss i on. vice-mayor. - (Ord. 4-76, passed 2-23-76, App. at Ref., (b) Forfeiture of office. A 2-2-76; Am. Ord. 10-83, passed 1-25-83, '=cmmission~r including the mayor shall App. at Ref., 3-1-83) :cr fei t his office if he: Section 3.05. PROHIBITIONS. (1) Lacks at any time during his : e rm of of f ice any qualification for the (a) Appointments and removals. c ff i ç~ prescribed by this charter or by Neither the commission nor any of its !av.: , or members shall in any manner dictate the, appointment or removal of any city (2) Violates any standard of conduct administrative officers or employees whan O~ code of ethics es tablished by law : or the city manager or any of his ?ublic officials, such violation to be subordinates are empowered to appoint, ,,<::ter;n ined by remaining member3 of th~ but the commission or any of its members '=c~mission, or may express their views and fu:!.ly and freely discuss with the city mar:ager I J) Fails to attend fo¡;r (4 ) anything pertaining to appoincr.ent ':;:1Ò :-:: :--:sec:'....: ':. i "-Ie r egu lar commission meetlnss removal of such offic~rs anè E-:-r:ploj'ees. ...:~ :"0SS ~xcuseè for good cause. (b) Interferenc~ wit~ (c ~ In the event a vacancy occurs ~:1 administration. Except for ::--:r.= purpose ::e mem~ership of the commission for any of inquid es and inves tig.) t:0n~ I : he :.- -=,Jso~ whatsoever, other than a vacancy commission O!: its members 5[:3:':' ;-:ea .J.. '~' i :h - , :=-:e office of the mayor, or except iJt city officers and emplo,:'ees -..;r.O 2:~ ": -.~ c 1 as e 0 f a ~egular ter;r., it 51~a 11 ~e subject to the direction d:1è 3L:?e~"lision :~,,o duty of the remaining members of the of the city manager solely t:-:["OUS~ the C::ï:7iffi ì .3 S i on , i ncluà ing the mayor, 21 a " ,. - . -" Section 3.07 DELRAY BEACH CHARTER __ 6 majority vote, to appoint a qualified calenåar days after appointment. , person to fill the vacancy. The (Ord. 4-76, passed 2-23-76, App. at Ref., , appointed member shall serve until the 2-2-76; Am. Ord. 10-83, passed 1-25-83, last Thursday in March following the next App. at Ref. 3-1-83; Am Ord. 84-83. regular city election, or until the last passeè ll-22-83) Friday in March should the last Thursday fall on a legal holiday. In the event Section 3.07. PROCEDURE. the term of office to which such person was appointed does not expire as of the :a) Meetings. The commission shall last Thursday in March following the next meet regularly at least twice in every regular city election, or until the last month at such times and places as the Friday in March should the last Thursday commission may prescribe by rule. fall on a legal holiday, and the vacancy Special meetings may be held on the call occurs at least sixty (60) or more of the mayor or of a majority of the calendar days preceding the date of the members and, whenever practicable, upon regular city election, then the appointed no less than twelve (12) hours' notice to member filling the vacancy shall serve each member anå the public. until the last Thursday in March following the next regular city election, (b) Rules. The commission shall or until the last Friday in March should determine its own rules and order of the last Thursday fall on a legal business. holiday, and the remainder of the unexpired term shall be filled by (c) Voting. Voting, on ordinances, election at the next regular city resol~tions and motions, shall be by roll election in the manner provided in call and shall be recorded in the Article V of this charter. If a majority journa:. A majority of the commission of said remaining members are unable to shall constitute a quorum; but a smaller agree upon the appointment of a number may adjourn from time to time and i commissioner to fill said vacancy after may compel the attendance of absent \ two (2) regular meetings have been held, members in the manner and subject to the I then the commission shall call a special penalties prescribed by the rules of the election for that purpose, to be held commission. No action of the commission within sixty (60) calendar days following except as otherwise provided in section the said second regular meeting. 3.06, shall be valid or binding unless aèopte¿ by the affirmative vote of three (-- (d) The office of mayor shall becane (3) commissioners. vacant for any reason that the office of (Ord. 4-76, passed 2-23-76, App. at Ref., I any other commissioner may become vacant, 2-2-76) ( and a vacan~..i.E the office of mayor , I shal~ a~so be--aéemed a vacancy in. the Section 3.08. -PLANNING AND ZONING BOARD I comm1SS10n. If a vacancy occars 1n the AND BOARD OF ADJUSTMENT. office of mayor for any reason whatsoever, the vice-mayor shall (a) The commission shall in the ¡ automatically succeed to the office of interest of the public health, safety, mayor and shall serve as mayor until ,the order; convenience and general welfare last Thursday in March following the next create =1 ordinance a planning and zoning regular city election, or until the last board ~o make recommendations to the Friday in March should the last Thursday commission. ¡ fall on a legal holiday. The commissioner so serving as mayor by (t) The commission shall create a succession shall then complete the boarè Qf adjustment whose decisions may remainder of his commission term if any be appealed pursuant to general law. part of such term remains unexpired. The (Ord. ~-76, passed 2-23-76, App. at Ref. succession to the office of mayor by the 2-2-76~ vice-mayor shall create a vacancy in the commission which shall be filled in the Sectio:'l 3.09. ALIENATION OF PUBLIC manner set forth in section 3.06 (c), BEACHES. shall be for the entire unexpired portion of the mayor's term of office. ':"~e commission shall not in any manne~ alienate fram the public, the (e) Extraordinary vacancies. In the publi-:: ~eac'1, lying between the north and event that all members of the commission sout~ :~unèaries of Section 16, ~ownship are removed by death, disability, 46 Sç~:~" :<ans-= 43 East, or any ?art resignation, or forfeiture of office, the the~~ç:, 0: t~e City ot Delray Beach, governor shall appoint an i~terim Flo~:è=. commission, including a mayor, ....ith full (Or~. ~-:6, pèssed 2-23-7£, App_ C'lt :<ef., commission powers that shall then call a 2-2--~ special election as provided under this chèrter not more than forty-five (45) " ·"1