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Minutes 04-21-98 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 21, 1998 AT 6:30 P.M. PRESENT Gerald 'Uerry" Taylor, Mayor Shirley .laskiewicz, Vice Mayor Henderson Tillman, Mayor Pro Tem .lamie Titcomb, Commissioner Nellie Denahan, Commissioner Kerry Willis, City Manager Kerry Ezrol, Asst. City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order - Mayor .lerry Taylor Invocation offered by Hank Ackermann Pledge of Allegiance to the Flag led by Vice Mayor Shirley .laskiewicz Mayor Taylor called the meeting to order at 6:34 p.m. followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Hank Ackermann offered the invocation Vice Mayor .laskiewicz requested the addition of Item III-B.3, "Comments on Boynton Commons", and Item XII.A, "Post Office Response". 2. Adoption Mayor Pro Tem Tillman moved to approve the agenda as amended. Commissioner Titcomb seconded the motion that carried unanimously. II, ADMINISTRATIVE: Accept resignations from Ray Eney and Geraldine Graham - Regular Members of the Senior Advisory Board with terms expiring April, :L999 Motion Vice Mayor .laskiewicz moved to accept the resignations of Ray Eney and Geraldine Graham with regret. Mayor Pro Tem Tillman seconded the motion that carried unanimously. B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date I Titcomb Adv. Bd. On Children & Youth Reg 2 yr term to 4/99 TABLED-2 I! Denahan Adv. Bd. Children & Youth Alt 1 yr term to 4/99 MEE'I'~NG M?NUTES REGULAR CZTY COMM~SS]:ON MEETING BOYNTON BEACH~ FLORIDA APR:ZL 21~ 1998 TV Tillman Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 4/01 TABLED-2 ! Titcomb Bldg. Bd. Of Adj. & Appeals Alt 1 yr term to 4/99 TV Tillman Cemetery Board Alt I yr term to 4/99 TABLED-2 ]:V Tillman Code Compliance Board Alt I yr term to 9/98 T! Denahan Community Relations Board Alt I yr term to 4/99 TV Tillman Community Relations Board Reg 3 yr term to 4/01 TABLED-2 T Titcomb Education Advisory Board Reg 2 yr term to 4/00 TABLED-2 TV Tillman Education Advisory Board Reg 2 yr term to 4/00 TABLED-2 T Titcomb Education Advisory Board Alt I yr term to 4/99 TABLED-2 TT Denahan Education Advisory Board Stu I yr term to 4/99 TABLED-2 TV Tillman Education Advisory Board Reg 2 yr term to 4/99 TABLED-2 Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/01 TABLED-2 IV Tillman Library Board Reg 3 yr term to 4/0:[ TABLED-2 Mayor Taylor Nuisance Abatement Board Reg 2 yr term to 4/00 TABLED-3 T Titcomb Nuisance Abatement Board Alt :[ yr term to 4/99 TABLED-2 Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/00 TABLED-2 T Titcomb Senior Advisory Board Reg 2 yr term to 4/00 TABLED-2 TV Tillman Senior Advisory Board Reg 2 yr term to 4/99 Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/99 T Titcomb Senior Advisory Board Alt :[ yr term to 4/99 Motion Commissioner Titcomb moved to remove the tabled appointments from the table. Mayor Pro Tem Tillman seconded the motion that carried unanimously. Commissioner Titcomb appointed Charles Fisher as a regular member of the Advisory Board on Children & Youth.~ Commissioner Denahan appointed Steve Wahlman as an alternate member of the Advisory Board on Children & Youth. Mayor Pro Tem Tillman appointed Stephanie McCoy as a regular member of the Community Relations Board. Mayor Pro Tem Tillman appointed Eddie Mitchell as a regular member of the Education Advisory Board. Mayor Pro Tem Tillman appointed Herb Suss as a regular member of the Education Advisory Board. MEETTNG MTNUTES REGULAR CTTY COMMTSSZON MEETZNG BOYNTON BEACH, FLORTDA APRIL 21, 1998 Mayor Taylor moved up Peter Kelly from an alternate position to a regular position on the Nuisance Abatement Board. Commissioner -i~tcomb appointed Steve Frazier as an alternate member of the Nuisance Abatement Board. Mayor Taylor moved up Olive Field from an alternate position to a regular position on the Senior Advisory Board. Mayor Pro Tern Tillman appointed Sarah Williams as a regular member of the Senior Advisory Board. Mayor Taylor appointed Amelia Bennell as a regular member of the Senior Advisory Board. Motion Mayor Pro Tem Tillman moved to accept the appointments as stated and table all remaining appointments. Commissioner Titcomb seconded the motion that carried unanimously. III, ANNOUNCEMENTS & PRESENTATTONS: A. Announcements: 1. City Commission VVorkshop Meeting - Thursday, April 23, 1998 @ 6:30 p.m. - Library Program Room regarding Landscape Upgrades & Removal of Nonconforming Signs Mayor Taylor made this announcement. 2. Youth in Government Day- Thursday, April 30, 1998 Mayor Taylor made this announcement. 3. Joint City Commission/Chamber of Commerce VVorkshop Meeting - May 11, 1998 at 7:00 p.m,, Library Program Room Mayor Taylor made this announcement. 4. Community Redevelopment Agency (CRA) Workshop Meeting with ]ames Duncan & Associates, Visions 20/20 Consultants to be held in the Library Program Room at 6:30 p.m. on Thursday, May 14, 1998 Mayor Taylor made this announcement. 5. Neighborhood Summit - May 18, 1998 at 6:30 p.m. - Library Program Room MEETi'NG MI'NUTES REGULAR CI'TY COMMI'SSZON MEETI'NG BOYNTON BEACH~ FLORI'DA APRTL 21~ Z998 Mayor Taylor made this announcement. B. Presentations: 1, Presentation to Joe Sciortino for achieving PGA Master Professional Status - Mayor Jerry Taylor At the podium, Mayor Taylor read a letter to Joe Sciortino from Ken Lindsay, President of PGA of America, advising him that he had successfully fulfilled all of the requirements prescribed by the PGA Constitution and the PGA Board of Directors to attain the Association's highest classification of "Master Professional". Although there are 23,000 members and apprentices in PGA of America, only 202 have achieved the status of "Master Professional". On behalf of the City Commission, Mayor Taylor extended congratulations to Mr. Sciortino. Mr. Sciortino thanked his staff, Dan Hager, Dan Miller, and Freda DeFosse for their assistance in the operation of the City's Golf Course. Special Presentation to the City of Boynton Beach by the Boynton Beach Rotary Club Melody Green, Recreation Superintendent and President of the Rotary Club, advised that on behalf of the Rotary Club, a number of plaques would be presented. Some of the different types of contributions made by the Rotary Club include $5,000 toward Kid's Kingdom, and $:L,800 for the corporate tennis challenge. These scholarship funds are used for youth program scholarships for Iow-income families. The Rotary Club is funding a Youth Butterfly Garden this year and sponsoring food, education and medical needs for a needy child in Africa. The largest special event helped fund dental lab equipment for the CareNet Health Campus for Iow-income migrant farmers. The Rotary Club was able to generate $25,000. They were also involved in the planning, organization, design and funding of the Youth Leadership Boynton Beach Program as a partner with the City of Boynton Beach. Tn addition to six annual college and university scholarships, the Rotary Club was able to provide VCRs for the Bethesda pediatric unit. As a result of recent efforts, $5,000 will be presented to the City with the challenge to other local service groups to meet or exceed the Rotary Club's efforts. Ms. Green presented a plaque to Bob Howell, Tennis coordinated the Corporate Tennis Challenge for six years. been realized by the City. Professional for the City. He has Approximately $2,000 per year has Mr. Howell thanked the City, the Rotary Club and the Chamber of Commerce. Ken Kaleel, Past President of Boynton Beach Rotary Club presented a plaque to Mayor Taylor and the City Commission on behalf of the Rotary Club for the Rotary Four-Way Test. He explained that the four-way test involves: :Is it the truth? Ts it fair to all concerned? 4 MEETTNG MZNUTES REGULAR CTTY COMMTSSTON MEETZNG BOYNTON BEACH~ FLORTDA APR.ZL 21, 1998 Will it build good will and better friendships? Will it be beneficial to all concerned? Mr. Kaleel presented the plaque in honor of the continued partnership and shared commitment to the improvement of quality life for the City of Boynton Beach. Mayor Taylor thanked the Rotary Club for giving back to the community. He urged the public to join the Rotary Club to become more involved in the community. 3. Comments about Boynton Commons Vice Mayor .laskiewicz advised that she attended the Planning & Development Board meeting last week and spoke at Public Audience regarding the Boynton Commons shopping center. She is very proud of the work done by the developer and extremely proud of Ms. Heyden, the Planning staff and the TRC for this cohesive center. She remarked that the architecture and landscaping are beautiful and she feels this center will add to the City's tax rolls and to the aesthetics of the Congress Avenue corridor. TV. CONSENT AGENDA: A. Minutes: 1. Regular Meeting Minutes of April 7, 1998 Motion Commissioner Titcomb moved to approve. Mayor Pro Tem Tillman seconded the motion that carried unanimously. Commissioner Oenahan requested that Consent Agenda Items IV.B.6 and I~.B.7 be removed from the ConsentAgenda for clarification. Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget "TWO- YEAR CONTRACT FOR ANNUAL INSPECTION & TESHNG OF FIRE ALARM AND DETECTION EQUIPMENT AND SYSTEMS"- BTD #040-192- 98/C]D - Award bid to IVI.R. Guild Enterprises d/b/a Alarm Guard of Riviera Beach, Florida, in the amount of $5,658 for two (2) years '~4NNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)"- B:[D #048-401-98/C]D - Award bid to ,1ones Chemicals, [nc. of Fort Lauderdale, Florida, in the amount of $17,000 Approve Golf Course/Greens Maintenance purchase request for Toro Turf Sweeper/Self-propelled 5400hl - Model 44020 with thatching reel - Model 44031 off GSA CONTRACT #GS-07F-8722D from Century Equipment, MEETING MTNUTES REGULAR CITY COMr4ISSTON HEETING BOYNTON BEACH~ FLORIDA APR?L 21~ 1998 Inc./TORO through Hector Turf, Inc. of Deerfield Beach, Florida, in the amount of $16,134.19 "CO-OP BULK t~UICKLINIE' BID #044-134-98/SP - Approve award to Chemical Lime Company of Mulberry, Florida in the amount of $98.50 per ton. Estimated usage is 1,800 tons for an annual expenditure of $177,300 "I?EPI_ACENIENT SUBI~IEI?SIBLE Iq/ELL PUMPS 14/1TH I¥OTOl?.q' - BID #043-401-98/SP - Approve award to multiple vendors as follows: Atlantic Environmental Systems, Lantana, Florida Submersible Well Pumps w/Motors - Pump A, Pump B & Pump C Separate Pricing Motors Only - 25 hp dual voltage, 30 hp dual voltage, 50 hp 460V, 75 hp 460V Ace Pump & Supply, Hollywood, Florida Separate Pricing Pumps Only - Pump A, Pump B & Pump C Port I~larine Co. Pembroke Park, Florida Separate Pricing Motors Only - 40 hp 460V "ANNUAL CONTRACT FOl? CUSTODIAL SEI? VICES FOl? VARIOUS PAt?KS" -BTD #037-192-98/SP - Approve award to Brown's Cleaning Service of Boynton Beach, Florida with a bid of $980 weekly for a total annual cost of $50,960 Commissioner Denahan requested that Item B.6 be removed from the Consent Agenda for clarification. "EXTERIOR PAINTING OF PUBLIC 14/ORKS COtYPL~t' //_1, 4/2, AND 4/3 BUILDINGS"- BTD #042-192-98/SP - Approve award to ARZ Builders, :Inc., of Boca Raton, Florida in the amount of $12,300 Commissioner Denahan requested that :Item B.7 be removed from the Consent Agenda for clarification. '~NNUAL CONTRACT FOR MEDICAL AND Dl?UG SUPPLIES" (Joint Bid - City of Delray Beach lead agency) - BTD #058-502-98/SP - Award bid to various vendors with an annual estimated expenditure of $80,000 m "CO-OP ANNUAL CONTRACT FOR DIESEL FUEL & GASOLINE'- B:ID #059-134-98/C]D --Approve 18 months extension to the following vendors: B.P. Oil Company, A-1 Specialty Gasolines, Petroleum Traders Corp., F. H. Foster Oil Company, Consolidated Oil Company, and Coastal Refining & Marketing, Inc., in the amount of $320,000 C. Resolutions: MEET:lNG MTNUTES REGULAR CTTY COMMTSS:[ON MEETZNG BOYNTON BEACH, FLORTDA APR.TL 21f 1998 Proposed Resolution No. R98-76 Re: Approving and accepting a Letter of Credit submitted by David W. and Heidi M. DeGraf in connection with the East Ridge project and issued by Colonial Bank in the amount of $82,000 Proposed Resolution No. R98-77 Re: Approving the abandonment of a portion of a 20.8 foot wide alley south of First Methodist Church located at 101 North Seacrest Boulevard Proposed Resolution No. R98-78 Re: Approving the Bylaws of ADA Services and Partnerships, Inc., and authorizing Melody Green to represent the City as an officer of the corporation D. Ratification of Planning & Development Board Action: None E. Approval of Bills Approve Change Order #1 for a project increase for North Federal Highway West Right-of-Way Landscape 1997 - BID #015-722-98/SP awarded to MacLean Landscaping, Lake Worth, Florida, in the amount of $13,780 Approval of award of $15,000 of S.H.T.P. funds to Geraldine McDuffie to purchase, as a first-time homebuyer, the property located at 1510 NW 3r~ Street in Boynton Beach Motion Mayor Pro Tem Tillman moved to approve the Consent Agenda with the exception of Items TV.B.6 and TV.B.7. Commissioner Titcomb seconded the motion that carried 5-0. TTEMS PULLED FROM CONSENT AGENDA FOR DTSCUSSTON: B.6. "ANNUAL CONTRACT FOR CUSTODIAL SERVICES FOR VARIOUS PARKS" -BID #037-192-98/SP - Approve award to Brown's Cleaning Service of Boynton Beach, Florida with a bid of $980 weekly for a total annual cost of $50,960 Commissioner Denahan asked for clarification as to the scope of this work and reason for these services being contracted out when the City employs custodial staff. City Manager Willis explained that we have been in discussion about how to split some of our work. The Parks Division has been experimenting with some contracting out of services. This is one of those experiments. The parks involved are in outlying areas. ]:t is more cost effective to contract out these services. We are also in the process of evaluating other services as well MEETTNG MZNUTES REGULAR CTTY COMMTSSZON MEETZNG BOYNTON BEACH~ FLORTDA APR/L 21~ 1998 such as painting, mowing, and trimming. A cost benefit analysis is being done to determine whether or not to keep these services in-house and make them more efficient, or whether to explore further contracting. Motion Commissioner Denahan moved to approve. Mayor Pro Tern -rillman seconded the motion. A member of the audience questioned why this work is being contracted out when the City is paying employees for this purpose. Bill DeBeck, Project Manager, explained that this is a renewal of an existing contract. The contract was rebid competitively this year. Three parks and additional work were added, and the price decreased by more than $2,000 from last year. In 1995, due to in-house resignations, a decision was made to contract out these services. These in-house services were costing the City $85,000 to $90,000. We saved between $30,000 and $40,000 by contracting this work out. In-house staff attends to all in-house buildings. Staff is satisfied with this company's performance. Commissioner Titcomb questioned whether a mechanism exists for City employees to competitively bid these contracts. City Manager Willis advised that staff is being retrained so that the Division heads know how to prepare their own budgets and cost out their cost of services. That training will be expanded to allow employees to competitively bid these contracts in the future. Mr. DeBeck further explained that if the City decided to reclaim the work at these parks, additional employees would have to be hired and additional equipment would have to be purchased. The motion carried unanimously. 7. "EXTERIOR PAINTING OF PUBLIC WORKS COMPLEX//1, ~Y2. AND #3 BUILDINGS"- BID #042-192-98/SP - Approve award to ARZ Builders, Tnc., of Boca Raton, Florida in the amount of $12,300 Commissioner Denahan asked if the same explanation applies for this item that was presented for :Item B.6. Mr. DeBeck explained that all major capital painting jobs have been contracted out because the City has only one painter on staff. Since these jobs are done only once every five years, special equipment is required that we do not have. It is to our advantage to contract out this service. Motion Commissioner Denahan moved to approve Ttem B.7. Mayor Pro Tem Tillman seconded the motion that carried 5-0. HEET1'NG MTNUTES REGULAR CZ'FY COMHTSSTON HEE'I~NG BOYNTON BEACH, FLORTDA APR/L 21, 1998 V. C'rTY MANAGER'S REPORT: City Manager Willis thanked everyone who participated in the Great Beautiful Palm Beaches Cleanup. Over 350 people registered and others joined in when they saw the event in progress. This was an overwhelming response and it made a tremendous difference in the City. City Manager Willis advised that the Commission was provided with an update of development projects that are pending including the planned reunion of the original Visions 20/20 Committee. That reunion is tentatively scheduled for June 3r~ at 8:00 a.m. at the United Way building in Quantum Park. The purpose of the reunion is to revisit the American Assembly process and tie it back to the Quick Victories programs that were implemented throughout 1996. The event will end with an overview of the Visions 20/20 Master Plan and dialogue about financing will begin. The team leadership training began with the executive leadership team and is now branching down into the organization to cross-train and facilitate communication and cooperation between divisions. We will be going into budget training for division heads and getting ready to push levels of responsibility down one layer in the organization. Mayor Taylor is very pleased about the training that has begun, and believes an organization that does not train its employees pays a tremendous price. Commissioner Denahan commended the Explorers for their participation in the program. These children do not live in Boynton Beach, but worked under the direction of the Fire Department. She applauded the Fire Department for the work they are doing with these youngsters, and City employees Dale Sugerman, Scott Blasie, Anthony Simmons and Grady Johnson. Bethesda Hospital supported this effort under the direction of Bob Taylor. Commissioner Denahan feels this was an excellent example of working together. Mayor Taylor expressed his appreciation to everyone who participated. City Manager Willis acknowledged the presence of the Police Explorers who also participate in the event. VZ. PUBL'rC AUDTENCE: Herb Suss, a new resident of Boynton Beach, objects to the two-term limit for elected officials. He feels this rule leads to the City losing experienced leaders. He pointed out that any elected official who is not doing the job could be voted out of office. Mr. Suss also mentioned that he and his friends go to Boca Raton and Delray Beach for entertainment. He asked if the City of Boynton Beach is planning development of downtown. Mayor Taylor recommended that Mr. Suss attend the upcoming CRA workshop meeting to see what the City plans for the downtown area. MEETZNG MZNUTES REGULAR cI'rY COMMTSSTON MEETZNG BOYNTON BEACHf FLORZDA APR:IL 21, 1998 Frank Combariati feels the voters of this City voted down the term limit question several times. He questioned why the Commissioners are putting this issue back on the ballot for the citizens to vote it down again. Ron Washam, 112 South Atlantic Drive, advised that a very successful board summit was held at City Hall in the Hall. The Senior Advisory Board and Community Relations Board discussed several problems and solutions to items of concern. Hr. Washam urged everyone to attend the upcoming Youth in Government Day. The Community Relations Board works with staff to put this event together and get the schools involved. Hr. Washam reminded the Commissioners that they are aware of his feelings about the term limit issue. He feels the voters have made their feelings clear. William Murphy, of Seagate of Gulfstream Condominiums, advised that 50 members of the community were present in the audience to oppose the attempt to extend the term limits of the Commissioners. This issue has been defeated four times. He questioned how many times the voters must say no on this same issue. Angela Budano, member of the Board of Directors of the Greater Boynton Beach Chamber of Commerce, introduced herself to let the Commissioners know the Chamber was represented at this meeting and cares about what happens in this community. Charlie Fisher, 8069 Stirrup Cay Court, feels this Commission does an excellent job. However, the question of term limits in not about this Commission. Tt is a question of whether or not the citizens want limits. This is not a question of the quality of the job being done. He urged the Commissioners to reexamine the issue. Frank Lindsay resides in a condo complex of 152 units and is active in another condo unit of 570 units. Of all of the people he has spoken with, less than 10% of the people will vote to allow the Commissions to have constant ungoverned terms of office. The residents are opposed to it and he will work to make sure the issue is defeated. George Weide, 2389 SW 9th Avenue, believes there should be term limits. This issue has been voted on several times and the citizens want term limits. Hr. Wiede pointed out that people are urged to vote because their votes count. However, he feels the voters' votes count only when it goes the way the Commissioners want it to go. He feels that if this is the type of government this City is going to have, perhaps everyone should be voted out of office. While it is true that an incumbent can be voted out of office, it rarely happens. The incumbents get the money and have the most coverage in the press. In his opinion, anyone holding office should be ashamed to ask the voters to extend their terms in office. He feels it is morally and ethically incorrect to ask this of the voters. Bob Borovy, 2521 SW 11th Street, was insulted by Mr. Weide's remarks. He does not feel he should be denied the right to vote for the people he wants in office. He does not believe we should have term limits. He feels them is a moral obligation to let people vote and not to "kick peOple out in the street" because of term limits, 10 MEET'rNG MI'NUTES REGULAR CTTY COMMTSSI'ON MEETTNG BOYNTON BEACH,~ FLORI'DA API~ZL 2Z~ ::!.998 Mayor Taylor admitted that this question has been brought to the public on several occasions in the past and each time it was voted down. However, in the past election, the question failed by 63 votes. The majority of the people who voted wanted to keep term limits. Since that election, he has received requests from groups of people who would like to see this issue put on the ballot again. According to the remarks heard this evening, those groups of people who want the question on the ballot again are in the minority. Mayor Taylor feels the opposers of this issue should not fear seeing this question on the ballot again because they will defeat it easily. Mayor Taylor reminded the public that it is his job to listen to the minority as well as others. Mayor Taylor said he is pro-unlimited terms and his support of this issue does not have anything to do with his being elected. Vice Mayor ]askiewicz advised that there were at least 10 names she could mention that were voted out of office after two years. She feels that if a Commissioner is doing a good job, that person will be reelected. If not, the person will be voted out. She feels a choice is necessary. Mayor Taylor pointed out that he defeated an incumbent and two former Mayors. Attorney Kezrol advised that the purpose fOr the Executive Session is covered under 286.1011 Florida Statutes to discuss the City of Boynton Beach vs. Betty Willingham, Case #90-08156. In attendance will be the members of the City Commission, Assistant City Attorney Kerry Ezrol, City Manager Kerry Willis, and special :counsel Rusty Roberts. This session will last approximately 30 minutes. Attorney Ezrol advised that the private session to discuss the litigation is governed under Section 286. When that meeting is concluded, the regular City Commission meeting will be reconvened for the purpose of concluding the private session, and then the Executive Session will be convened. The regular meeting was recessed at 7:25 p.m. to discuss the Willingham case. The regular meeting reconvened at 8:10 p.m. and immediately recessed to Executive Session to discuss collective bargaining issues. The regular meeting reconvened at 8:29 p.m. VTT. PUBLTC HEARTNG: Project: Agent: Owner: Location: Description: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS Palm Walk ACLF Ehasz Giacalone Architects Palm Walk Associates S.W. 19th Avenue Request for conditional use approval to construct a 48-bed Alzheimer care living facility 11 MEETZNG MTNUTES REGULAR CZTY COMMTSSTON MEET1'NG BOYNTON BEACH, FLOR.ZDA APRTL 21, 1998 (POSTPONED TO 4/2.~/98 CITY COMMISSZON MEETZNG) Mayor Taylor announced that the Planning & Development Board, with a vote of 4-3, recommended approval of this application. Attorney Ezrol administered the oath to all who would testify in these proceedings. ~[n response to Mayor Taylor, Richard Sovinsky, advised that he did not disagree with any of the conditions of approval. He reported that during the Planning & Development Board meeting, the applicant was requested to reduce the height of the building to 20'. The applicant has fulfilled that requirement. He further reported that a fence will be erected along the L-26 canal even though it does not appear on the elevations at this time. The fence is depicted on the floor plans. Ms. Heyden advised that this is a request for a conditional use. This request requires review against 12 conditional use standards. The applicant has met all of the conditions and staff recommends approval of this project. Bill Lynch, 1912 SW 16th Avenue, is president of Boynton Leisureville Community Association. During the Planning & Development Board meeting, he objected to the height of the structure at 36'. Because the applicant has reduced the height of the structure to 20; Boynton Leisureville will support the project. Vice Mayor .laskiewicz expressed concerns about the location of the kitchen and the loading zone in front of the building. This loading zoning will face a residential home. Mr. Sovinsky explained that a wall will block the view of the loading area. Vice Mayor .laskiewicz reminded Mr. Sovinsky that the wall cannot be higher than 6'. Tn addition, the dumpster would be visible from the street. This plan is not acceptable for those reasons. Vice Mayor .laskiewicz questioned why the size of the originally approved plan was increased and why there is no set timing for the construction of the gazebo. Vice Mayor .laskiewicz feels there is not enough recreational outdoor area to accommodate the number of people for this facility. Vice Mayor .laskiewicz questioned why the applicant did not plan the gazebo and administration building for the front of the project and move the kitchen and loading area in the rear. Tn response to Mayor Taylor, Mr. Sovinsky said the dumpster would be enclosed. He further added that the Planning & Development Board did not raise any questions about the location of the dumpster or the loading area. Mayor Pro Tem Tillman inquired if it woui'd be possible for the applicant to reconfigure this project. Mr. Sovinksy explained that the reason for locating these services on the outside of the project is that the project including the administration building turns inward on a courtyard (The Palm Walk). The Palm Walk part of this project is in an easement. 12 MEETZNG MZNUTES REGULAR CZTY COMMTSSZON MEETZNG BOYNTON BEACH~ FLORZDA APRi'L 21~ 1998 Mayor Pro Tem 'nllman asked if the project could be reconfigured so that the kitchen is located in the rear with the administration building in the front. The delivery trucks could be brought in from the rear to service the building. He further recommended dropping the dock. Mr. Sovinsky advised that the trucks could enter from the rear; however, the kitchen needs to be in the living facility. Mayor Taylor questioned whether there would be landscaping around the wall that separates the residents from this project. The applicant respOnded affirmatively. Mr. Sovinsky explained that the applicant's intention was to enter into the administration building in the rear of the project where the parking is located. When the people leave the administration building, they will enter the living facility under a canopy from the rear. Commissioner Titcomb noted that the landscaping in front of the wall in the kitchen area would include Ficus religiosa. He asked how tall the plant will be at maturity. Mr. $ovinsky was unable to respond and offered to secure that information from the landscape architect. Vice Mayor .laskiewicz reiterated that she! would not support this project with the kitchen, loading area and dumpster in front of the building. Mr. Sovinsky offered to try to revise the reconfiguration. However, he requested an opportunity to review the history of the project. Mayor Taylor offered to table this application until the next meeting to offer the applicant an opportunity to address these concerns. Mayor Taylor feels this is a good project, but it is important that it is adaptable to the neighborhood. Mr. Sovinsky agreed to look into the history of the project and to try to make the project more compatible with the neighborhood. Motion Mayor Pro Tem Tillman moved to table Palm Walk ACLF. Commissioner Titcomb seconded the motion that carried unanimously. Project: Agent: Location: Description: Hills at Lake Eden PUD Mike Zeman 15.40 acres of property located between S. Seacrest Boulevard and Swinton Avenue just north of the westward extension of Gulfstream Boulevard (10 Lake Eden Drive). Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and screen enclosures from 29' to 20' on Lots #1 through #9 and on Lots #17 through #25; and to reduce the required minimum side building setback from 10' to 7 1/2' on Lots #1 through #8; and to modify two conditions of the original PUD rezoning to reduce the required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the 13 MEETZNG MTNUTES REGULAR CTI'Y COMMTSSTON MEETZNG BOYNTON BEACHf FLORTDA APRZL 21f 1998 required minimum average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air) (POSTPON£D ~"O CXT'Y COAIMX$$XON M££TZNG OF Mike Zemen, representinq Kennedy Homes, acknowledged the fact that this project had been before the City Commission on several occasions. He pointed out, however, that this is the first time Kennedy has been before the Commission. The condition placed on this property of 2,400 square feet minimum under air, and 2,600 square feet average was to keep the zoning and structure of the existing property surrounding the Hills of Eden. He displayed renderings of the homes in the project. The four different models are priced from $180,000 to $220,000. When Kennedy was in the process of purchasing the property, the representatives were told how to configure the homes and what would be considered "under air" square footage. The Ordinance states that 25% of the covered areas and 50% of garage areas are considered air-conditioned square footage. The models were designed in accordance with that criteria. Permitting turned down the project for not meeting the PUD requirements. Using the calculations, the smallest model under air is 2,589 square feet, and 3,223 for the high average. This will result in 2,773 square feet if each of the models is built. To meet the requirements of the plat, the developer could build two-story homes on Swinton and Seacrest. This would allow enough square footage on the lot to build a pool and screen enclosure as well. However, Kennedy Homes does not feel this would enhance the neighborhood. Tn researching the area, Kennedy Homes found that there are 27 homes in the Lake Eden Subdivision. Of those homes, the average square footage is 2,316 square feet of living area (10% screened areas, 25% covered areas, and 50% of garage). Mr. Zemen explained that given the lot restrictions, it is virtually impossible for the developer to include a pool or screen enclosure. He pointed out that there is no common pool on this site. Therefore, in order to be able to sell to the public, the developer must be able to offer the option of pools and screen enclosures. Tn addition to giving the customers what they want, these options will drive the price of the homes up by a minimum of $20,000. Lots #1-8 are the only lots in the subdivision with side setbacks of 10'. Reducing the side setbacks on Lots #1-8 to 71/2' rather than 10' will enable the developer to fit several more hoUses with pools. If the rear setback is reduced from 25' to 20; two additional models can be fit with pools. IVlr. Zemen concluded by stating that the Hills at Lake Eden is a private, walled community. Changing the side and rear setbacks will not impact the surrounding residents in the area. The reduced setbacks will not be noticeable, Mr. Zemen thanked the Commission for the opportunity to be heard. Tambri Heyden, Planning and Zoning Director, reported that the -IRC recommends approval of the changes for a number of reasons. This project came before the City Commission as a master plan and rezoning approval. Tt was a lengthy process and the applicant had to make modifications. When the approval went through, the applicant came back in for a reduction in the minimal living area and average living area. That request was different from this current 14 MEETTNG MTNUTES REGULAR CTTY COMMZSS'rON MEET'rNG BOYNTON BEACH~ FLORI'DA APRZL 21~ 1998 request. When the condition was added to place a minimal dwelling size and minimal average dwelling size on this project, it was something that was never done before for any other PUD. A terminology of "living area under air" was used. This terminology does not exist in our Zoning Code. We allow portions of garages and screen enclosures to be counted toward the minimum living area. This project was evaluated under a different methodology and they were not allowed to use that 25% to reach the minimum living area requirement. When this condition was put in place, no one knew it was not realistic. When staff sat down with the applicant, it became obvious that they had a problem. This current request is less than what was requested in the past and it is less than what they came into City with this time. They minimized the nature and scope of their request and the chart in Exhibit "C" illustrated that two of the four units do not meet the minimal dwelling unit size. One model is 149 square feet short (12' x 12" room) and the other is only 67 square feet (8' x 8' room) short of the minimum. Ms. Heyden is fearful that if this request is denied, the following two things will happen: 1. There will be two-story homes along Seacrest Boulevard and Swinton Boulevard. Lakeview Baptist Church submitted a letter to the Planning & Zoning Department registering their concern about the difference in elevations between their property and this project. This project has a very high natural elevation. Putting two-story units on the outside of this project will create a big visual impact on the surrounding communities. When staff does not require a developer to provide setbacks at the time of master plan approval for screen enclosures, the developer builds and sells the units. Then the homeowners request permission to build the screen enclosures and they cannot understand why staff denies their requests. Ken DeRousse, 800 Horizons West, noted that the applicant was requesting a rear setback reduction from 29' to 20' and a side yard setback reduction from 10' to 71/2'. These are 30% and 25% reductions in the minimum requirements. He recommended that the Commission consider a minimum because in 20 years, this area might not look well and might be devalued because these areas do not meet the minimum standards. He urged the Commissioners to have the developer adhere to the minimum requirements under the Ordinance. Vice Mayor .laskiewicz feels most of the request is reasonable and believes the homes will be an asset to the area. However, she recommended that the developer eliminate one of the houses on Lots #! through 8 in order to increase the size in between the homes. The remaining homes would not be affected in any way. Mr. Zemen said all infrastructure is in place including water, telephone and FPL. The project is already under construction and two homes have been established with setbacks on Lots #1 and #2, All homes have been designed according to the criteria. The homes would have to be redesigned in order to make them wider. 15 MEE'rZNG MTNUTES REGULAR cz'rY COMM]*SSZON MEETI'NG BOYNTON BEACH, FLORTDA APR'rL 21, 1998 Mr. Zemen questioned why one side of the subdivision is different from the other side of the subdivision. He pointed out that directly across the street from this project is a home with a screen enclosure that is less than 20' from the street. The Hills at Lake Eden will have a wall in front of it that is set back 17' from the street with landscaping behind it, and still must maintain an additional 25' before a screen enclosure can be constructed. Mr. Zemen feels this situation is extreme, and the residents of the surrounding communities are imposing conditions on this developer that were not imposed on them. Mayor Pro Tem Tillman recalled this project coming before the City Commission previously. He feels the new owner has enhanced the development. He would not want to see two-story homes on Swinton and Seacrest. He can understand the reason for the request to reduce the setbacks, and he will support the request. Commissioner Titcomb advised that when he was a member of the Planning & Development Board, this project was unanimously denied. After that, Mr. Pinto negotiated the conditions of this project before the Commission with representatives of Kennedy Homes in the audience. Many of the things that were promised in this process have not come to fruition. The preserve strips are minimal and are a sorry example of a preserve. :in Commissioner Titcomb's opinion, this project is "three pounds of poop in a two pound bag". :in order to meet the conditions of approval, the simple solution to this problem is to eliminate four or five lots. This project was negotiated. Although Commissioner Titcomb believes the amenities the developer would like would enhance the project, he will not support the request because a deal was made on record and he will not change his mind. Commissioner Titcomb recommends reconfiguring this project to meet the original conditions. Commissioner Titcomb reminded the Commissioners that the developer (Kennedy Homes) was present when these conditions were negotiated. He recommends that the conditions remain intact and if the developer cannot meet those conditions, he needs to reconfigure the project. Commissioner Denahan questioned whether the request being made by the applicant involved variances. Mr. Zemen explained that these requests are master plan changes. Ms. Heyden explained that PUDs are unique. Setbacks are set by the master plan and are modified by a master plan modification. :in a non-PUD, this process is done on a case-by-case basis and a variance application is filed. :In Mayor Taylor's opinion, what the developer has presented is the best of the worst the Commission had seen. He has not liked this project from the beginning because it is crammed onto the parcel and there is no recreation. The preserve areas are not well thought out and he believes that within two or three years, the strips will be nonexistent. This City Commission has had many discussions about upgrading housing in the community and raising the size of the home. He is not comfortable being asked to consider garages as living area. He is opposed to reducing the minimums and realizes that a side yard setback of 71/2, is very close to the next door neighbor. Mayor Taylor will not support this request. Vice Mayor .laskiewicz expressed concern that if the Commission would not grant the request, the developer would probably build two-stOry homes on Seacrest and Swinton. Although she would not support the applicant's request to reduce the side yard setback to 71/2; she would support the reduction in the rear setback to allow for pools and screen enclosures. 16 MEETING MZNUTES REGULAR CZTY COMMTSSZON MEETZNG BOYNTON BEACH, FLOI~tDA API~L 21, 1998 Mawr Taylor expressed concern about being held hostage over two-story buildings. Mayor Pro Tem 'l~llman felt the biggest problem with this project is the number of homes proposed. From the beginning, the Commission has been held hostage. Mayor Pro Tem Tillman does not want the walling off effect of the two-story homes. He realizes that good minimum setbacks cannot be put in place because of the size of this project. Motion Commissioner 'ritcomb moved to deny the request for rezoning the master plan. Commissioner Denahan seconded the motion. Vice Mayor .laskiewicz advised that she would support the request for denial if the applicant is not willing to eliminate his request for the sideyard setback. Mr. Zemen said he would eliminate that request in order to obtain approval of the remainder of the request. He reminded everyone that the sideyard setbacks in the remainder of the project are already 71/2'. The setbacks are 10' on the Swinton side only. When discussion ensued about square footages and sizes, Commissioner Titcomb pointed out that similar arguments had taken place in the past on numerous occasions. The solution is to take another look at the big picture to see if there is a more creative approach to solving the problem rather than reducing everything to the minimum. Commissioner Titcomb reminded Mr. Zemen about the specific language in the agreement that referenced 2,400 square feet under air. The original developer agreed to that language. This issue was controversial and an agreement was made. If the current developer cannot adhere to the agreement, the entire project should be reopened to reconsideration. Vice Mayor .laskiewicz explained that Mr. Pinto accepted the criteria which was set in order to gain approval for the project. The Commissioners were unaware Mr. Pinto was selling the property. Commissioner Titcomb said he felt at the time that Mr. Pinto might be selling the property. However, it was Mr. Pinto's desperate effort to get approval of the project. Commissioner 'ritcomb pointed out that there is already product in the ground. At this point, a "tweaking" process is needed in order for the developer to meet the conditions of the agreement. The motion carried 4-1. (Vice Mayor .laskiewicz dissented.) When the applicant asked if this request could be tabled, Attorney Ezrol advised that the Commissioner who voted in favor of the item could make a motion to reconsider the request. Motion Vice Mayor .laskiewicz moved to reconsider. Mayor Pro Tem 'l~llman seconded the motion. ]? MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 21, 1998 Vice Mayor ]askiewicz advised that this would give the applicant an opportunity to look at this project again and return to the City Commission. Mayor Taylor confirmed the desire of the Commission to table this item. The motion carried 5-0, VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Discuss and make a determination regarding Local Mitigation Strategy through the Department of Community Affairs (POSTPON£D FROM 4/7 CXTY COMMX$$XON M~TZNG) City Manager Willis reported that Chief Bingham represented the City's interest and staff recommends Option #2 to participate with the County and other cities in cost sharing and in developing a local unified mitigation strategy. This will increase the federal reimbursement funding through FEMA from the current 50/50 match to a 90/10 match, Motion Commissioner Titcomb moved to approve. Mayor Pro Tem Tillman seconded the motion that carried unanimously. Consider approval of a Special Event Permit for use of a designated area of Oceanfront Park by Bethesda Memorial Hospital on May 9m for a staff celebration Motion Vice Mayor ]askiewicz moved approval. Commissioner Titcomb seconded the motion that carried unanimously. XI, LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O98-12 Re: Amending Chapter 18 of the Code of Ordinances by amending Section 18-82, Reemployment, providing that application for repayment of withdrawn contributions following reemployment by the City shall be made within one year of reemployment 18 MEE'rZNG MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 21, 1998 Attorney Ezrol read Proposed Ordinance No. O98-12 by title only. Motion Mayor Pro Tern Tillman moved to approve Proposed Ordinance No. O98-12. .laskiewicz seconded the motion. City Clerk Sue Kruse polled the vote, The vote was 5-0. B. Ordinances- 1~ Reading Vice Mayor Proposed Ordinance No. O98-13 Re: Submitting to referendum an amendment to Section 50 of the City Charter entitled terms of elective offices, allowing for unlimited two-year terms of all elective offices Attorney Ezrol read proposed Ordinance No. O98-13 by title only. Motion Vice Mayor .laskiewicz moved to approve. Commissioner '[itcomb seconded the motion. Vice Mayor .laskiewicz said she is totally in favor of placing this on the ballot in November. She has been receiving numerous telephone calls from people who regretted not voting in the March election. However, she is concerned for the people who feel the terms should be capped. She reiterated that this issue was never placed on the ballot for unlimited terms. Tn the past, the ballot language always involved specific term limits. Vice Mayor .laskiewicz requested that the Commission consider four two-year terms so that Commissioners will have eight years to get a job done. Mayor Taylor said he would not support term limits because he was asked to put the issue of unlimited terms on the ballot. Mayor Pro Tem Tillman said his position from the beginning was the people should vote and the Commissioners should follow through. He recommends maintaining consistency and putting the issue of unlimited terms on the ballot. Commissioner Denahan is concerned about public perception and concurs with many of the comments that were made although she feels four two-year terms is a good suggestion. She pointed out that one of her campaign promises was to support whatever the electorate decided. Although she is personally in favor of changing the term limits, she must stand on her reputation. Therefore, she will not support putting the same wording back on the ballot six weeks after her election. ~ Vice Mayor Jaskiewicz does not believe there was a true expression of the people of Boynton Beach during the last election, nor does she feel 63 votes was a mandate. Commissioner ]9 MEETTNG MTNUTES REGULAR CTTY COMMTSSTON MEETTNG BOYNTON BEACH~ FLORZDA APR1'L 21~ 1998 Denahan agreed that 63 votes was a small margin, but felt the unlimited terms issue is what brought the voters out to the polls. She would be in favor of capping the terms at four two- year terms. She will not support unlimited terms because the voters do not want them. Commissioner Titcomb felt the :[4% turn out at the polls was pathetic. With respect to the issue of terms limits, Commissioner Titcomb advised that the legal department has advised that he can run for another term. Therefore, no matter what his opinion is on this issue, he will either appear self-serving or trying to climb the ladder. His personal feelings on the matter are that people deserve the choice to make decisions. He has a problem with people being thrown out of office after a certain number of years. A two-year term gives the electorate the right to go to the polls and exercise their rights to make decisions. He feels it is a lazy solution to arbitrarily impose term limits. He further pointed out that cities and states cannot get on the same page with regard to this issue. He has a great deal of faith in the voters and he supports putting this issue of unlimited two-year terms on the ballot in November. Vice Mayor .laskiewicz reminded everyone that she was part of a task force formed by Henrietta Solomon to study the issue of term limits. That task force met monthly for a period of a year and consisted of former mayors, officials and citizens. Comparisons were made of other cities and the task force was unable to find another city in the State of Florida that had two two-year term limits. These kinds of limits hurt continuity. This Commission has worked very hard on a vision the citizens want for this City. Vice Hayor .]askiewicz said it would hurt her to see that plan on a shelf three years from now. She will support four two-year terms or unlimited terms. Only Vice Mayor Jaskiewicz and CommissiOner Denahan were willing to support four two-year term limits. Therefore, Vice Mayor Jaskiewicz advised that she would withdraw her suggestion and support unlimited term limits, Discussion ensued and the following changes were made to Page 3 of 4 of this Ordinance: Eliminate the first sentence that reads: is limited to two, two-year terms". "Currently an elected official The new language should read as follows: "The length of each term would remain at two (2) years. The number of terms an elected official could hold would not be limited. This amendment of the City Charter would eliminate the current two-term limit on holding elected office." City Clerk Sue Kruse polled the vote. The Vote was 4-1. (Commissioner Denahan dissented on principle only.) Proposed Ordinance No. O98-14 Re: Amending Section 6-18 of the Code of Ordinances granting authority to approve transfers, assignments or conveyances of cemetery lots to the Cemetery Board of Governors 20 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 21, 1998 Attorney Ezrol read Proposed Ordinance No. O98-14 by title only. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. O98-14. .laskiewicz seconded the motion. unanimous. C. Resolutions: None D. Other: City Clerk Sue Kruse polled the vote. Motion Vice Mayor The vote was Accept agreed-upon settlement in the case of Howard & Margaret Krisch v. City of Boynton Beach, et al Mayor Pro Tem Tillman moved approval. carried unanimously. XII. UNFINISHED BUSINESS: A. Post Office Vice Mayor .laskiewicz seconded the motion that Vice Mayor Jaskiewicz advised that we received a letter from the Postal Service requesting additional information about our request for boundary changes. She pointed out that we have discussed this issue with the Postal Service for many, many years and they have received this information on many occasions. City Manager Willis said the Postal Service will be provided with pounds of data and we hope to expedite resolution of this situation. XIII. OTHER: None XIV. AD.IOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:50 p.m. 21 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 21, 1998 ATTEST: 'City~Slerk //D~p~ty City Clerk ~--'t'Th ree Tapes) CITY OF BOYNTON BEACH ~ayor Pro Tem sio-ner Co~rfi~i~ionbr 22 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Englewood Medical Building APPLICANT'S AGENT: Kres Mihelich APPLICANT'S ADDRESS: 2655 N. Ocean Drive, Suite 300, Singer Island, FL 33404 DATE OF RATIFICATION CITY COMMISSION: April 21, 1998 TYPE OF RELIEF SOUGHT: New Site Plan LocATION OF PROPERTY: 906 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR ~ THIS MA'i-I'ER came on to be heard before the City Commission of the City of Boynton BeaCh, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: j:~SHRDATA~Planning~SHARED~PROJECTS~nglewood Med~DEVELOPMENT ORDER EXHIBIT "C" Conditions of Approval Project name: Englewood Medical Building File nUmber: NWSP 98-001 Reference: The plans consist of 10 sheets identified as 2nd Review, New Site Plan. File # NWSP 98-001 with a MarCh 17, 1998 Planning and Zoning Department date stamp markinE. DEEARTMENTS INCLUDE REJECT puBLIc WORKS Copaments: None X uTILITIES Cotnments: None X FIRE I cOmments: None X POLICE Cqmments: None X EN~INF, ERING DIVISION Comments: 1. Concrete sidewalk shall be continuous thru driveway. [LDR Chapter 23, X Article H.P.] 2. Need to submit an engineer's signed and sealed certification letter stating X that drainage conforms to city rules, codes, etc. [LDR Chapter 4, Section 7.F.2.1 3. All plans submitted for specific permits shall meet the city's code X requirements at time of application. These permits include, but are not limited to, the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting i agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. 4. On the civil site plan specify elevations, pipe sizes and control structure. X [LDR Chapter 4, Section 7.F.1.] Also correctly identify inlets as such, not "manholes". 5. Locate handicap post signs on site and civil plans, and the 5' x 5' X : handicap pavement symbols. Page 2 EngleWood Medical Building File NO. NWSP 98-001 DEPARTMENTS INCLUDE REJECT 6. On site plan, change "four inch wide striping" reference from Chapter 5 X "Chapter 23 of the city's Land Development Regulations" and City Standard Drawing B-90012. 7. Identify on the landscape plan the appropriate limits of clear sight per X FDOT Index 546. Also, add a planting note that within the clear sight area, there shall be an unobstructed cross-visibility between 30 inches and 6 feet above the pavement. [LDR Chapter 7.5, Article II., Section 5.H.]. B~LDING DIVISION Comments: 8. Permit plans for the proposed project shall comply with the applicable X Building, Energy and Handicapped Codes. [Chapter 20 - Building, Housing and Construction Regulations] ~ 9. On sheet SL-1 identify the foot-candle reading of that portion of the X vehicle use area that is located outside of the area identified as having a 1 foot-candle reading. The foot-candle reading for the entire vehicle use area shall meet the minimum standards that are specified in the City Code of Ordinances. Identify on the plan the manufacturer of the bronze 250 W.M.H. power flood. Also, add to sheet SL-1 the type, size and manufacturer of the wall mount light fixtures shown on the sheet. Draw the wall fixtures on the elevation view drawings. 10. Clarify why on sheet SL-1 a wall mount fixture is located in the parking X area on the north side of the building. 11. Clarify the inconsistencies with respect to what type of use is proposed X for the facility. The site data and title block indicate the use as medical offices; however, the plan view drawings indicate the use as office. On the floor plan drawing identify the use of both tenant spaces. 12. On the elevation view drawings identify the color and size of the logo X that is depicted on the drawings. Also, indicate with a note whether the logo sign is or is not illuminated. 13, Add to the sign drawing found on sheet A-2 the dimensions that X ~ represent the proposed 50-square foot monument sign. 14; On the site plan, civil site plan and floor plan drawings show, label and X ~ dimension the level accessible landing that is required at the top and bottom of the 1:12 ramp shown on the plans. Identify what slope and/or Page 3 Englewood Medical Building File No. NWSP 98-001 DEPARTMENTS INCLUDE REJECT elevation is proposed for the sidewalk that leads to the entrance of both tenant spaces from the top of the landing at the top of the ramp. Also, ~ show on the site plan the location of the detectable warning strips that : are required on walking surfaces that lead to hazardous vehicle use areas. 15. Add to the plans, a dimensioned drawing of the 2nd floor area that X ~ begins at the top of the stairs shown on the floor plan drawing. Also, note on the floor plan of the new area the use of the floor area. Where applicable, change the description of the building from 1 story to 2 story. 16. i On the site plan place a note along Southwest 7th Street indicating the X .i date that the sidewalk appeal was granted. PARKs AND RECREATION C4mments: None X FOm S P. mmaRONMENT IST comments: 17. The applicant shall meet with the Parks Division of Leisure Services X prior to requesting a clearing and grubbing permit. This shall be to comply with the tree management plan for the site. pLANN1NG AND ZONING C~mments: 18. Identify surrounding land use and zoning designations beyond the road X i right-of-ways on the east, west and south sides of the project for i purposes of setbacks. Chapter 4, Section 7. 19. Setback notes are to read as follows: front (all street frontages) 20' min. X and rear 30' min. Ch.2.5 Sec.6 Par. C.3.b. 20.1 Provide parking calculations in the site data by adding required parking X i ratio. Chapter 23,Section 5, Par 3. 211 Indicate, in the site data, the number of handicap spaces provided along X ~ with the calculations. Ch.23 Art. II, Par. K.; 26-50 spaces requires 2 i handicapped spaces. 221 Provide parking detail for angled parking spaces. Ch.4 Sec.7 Par.B.2. X Page 4 EngleWood Medical Building File No. NWSP 98-001 DEPARTMENTS INCLUDE REJECT 23. Label the width of the entrance drive at the property line (32' max.). X Chapter 23, Article II, Section H. 1. ~.4. Minimum landscape terminal parking island dimension is 5' excluding X curbing. Chapter 7.5, Article II, Section 5.G. 25. i Move sod label from building footprint on Landscape Plan. X 26. ! Provide proposed elevations on the Civil Site Plan. Ch.6 Article IV, X ~ Sec.5 Par. A. i 27. ~ Vines planted along the proposed wall must be spaced at 5' O.C. X i maximum. Ch.7.5 Art. II Sec.5 Par. C.4. 28. Dimension on the landscape plan, the landscape strip (minimum 2.5 feet) X at the rear lot line. 29. Provide notation on method of irrigation including the source and X location and coverage. 30. Illuminate the sidewalk on the east side of the building. X 31. Direct pole light fixtures down and shield them from adjacent residences. X 32. Provide colored elevations of the east, north and south elevations. X 33. i Specify type of mulch other than cypress. X 34. Traffic study shall receive approval from Palm Beach County and X i comply with the County's traffic performance standards ordinance. I ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1 35.I Revise comment 19 to read as follows or remove note from plan: X Setback notes are to read as follows: front (all street frontages) 20' min. ~ and rear 30' min Ch.2 Sec.6 Par. C.3.b. I ADDITIONAL CITY COMMISSION CONDITIONS 36i T-~M~detemfn'ed. /~,~/~ )dX tnom~ J:\SHR] )ATA~PLANNTNG\SHARED\WP~ROJECTS~lqGLEWOOD MED\COND. OF APPROVAL-2ND REVIEW.DOC