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Minutes 06-28-90MINUTES OF SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, THURSDAY, JUNE 28, 1990 AT 6:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk James Cherof, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. AGENDA APPROVAL Commissioner Weiner referred to item 93 on the Agenda, Carriage Homes of Congress Lakes - Site Plan Approval. She didn't see why this should be on this Special Meeting Agenda as a regular meeting would be held in five days. She thought this item should be stricken from the Agenda. City Manager Miller explained that at the June 18, 1990 Community Appearance Board meeting, this site plan was approved, subject to staff comments and the fact that the CAB wanted the application to come back at their August meeting with detailed landscaping drawings showing certain things. Mr. Miller stated that there had been a question as to whether the CAB had actually approved this or not at the June 19, 1990 City Commission meeting and it had therefore been tabled. The Planning & Zoning Board had approved the application. Carriage Homes had informed the City Manager that a closing was scheduled for June 29, 1990 and approval of the site plan was required for the closing to take place. Mr. Miller pointed out that even though it was to go back to the CAB, it had received CAB approval. Everything had been worked out with the TRB. Mr. Miller stated this applicant had virtually obtained all the necessary approvals from City agencies/staff. Discussion ensued. Commissioner Weiner was satisfied with the City Manager's explanation. Vice Mayor Wische wished to delete item 91 from the Agenda, which related to making a determination of charges made against Commissioner Olenik in accordance with Resolution No. 90-PPPP. City Attorney Cherof indicated that rather than deleting this topic from the Agenda, one way to put the matter to rest would be by making a motion to rescind Resolution No. 90-PPPP. Commissioner Olenik moved to adopt the Agenda as prepared. Vice Mayor Wische seconded the motion which carried 5-0. MINUTES - SPECIAL CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA JUNE 28, 1990 To make a determination of the charges which have been made against Commissioner Robert Olenik, Jr., in accor- dance with Resolution No. 90-PPPP Vice Mayor Wische moved to rescind Resolution No. 90-PPPP. Commissioner Artis seconded the motion. Mayor Moore stated he was in opposition to this motion. He felt Commissioner Olenik was guilty of nonfeasance by walking out of the recent City Commission meeting. Mayor Moore referred to specific remarks made to the press by Commissioner Olenik which he felt were untrue and which had never been recanted. Reference was also made to the special staff meeting on Applied Polymer Systems which had been called on May 30, 1990 by Commissioner Olenik. Mayor Moore called for a vote of all those in favor of the motion. The motion carried 4-1. Mayor Moore voted against the motion. 2. First Reading of Proposed Ordinance No. 90-17 Re: 45' Height Limitation Referendum City Attorney Cherof indicated this proposed Ordinance pro- vided for submission to the voters at the September, 1990 General Election. Discussion took place. The Commission preferred to hold this referendum in November when more of the residents are in Florida. City Attorney Cherof read proposed Ordinance No. 90-17 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; SUBMITTING TO REFERENDUM AN AMENDMENT TO APPENDIX A, SECTION 4.F.1 (HEIGHT LIMITATIONS AND EXCEPTIONS); PROVIDING FOR MAXIMUM BUILDING HEIGHT IN CBD DISTRICTS OF ONE HUNDRED TWENTY FEET; PROVIDING MAXIMUM BUILDING HEIGHT IN A SECTION OF QUANTUM PARK OF ONE HUNDRED TWENTY FEET; PROVIDING FOR MAXIMUM BUILDING HEIGHT IN A SECTION OF QUANTUM PARK OF NINETY-SIX FEET; PROVIDING FOR MAXIMUM BUILDING HEIGHT IN THE AREA NORTH OF THE CBD AND EAST OF FEDERAL HIGHWAY OF SIXTY FEET; PROVIDING FOR MAXIMUM BUILDING HEIGHT IN THE COASTAL TOWER PROJECT AREA OF SIXTY FEET; PROVIDING FOR THE FORM OF QUESTIONS TO BE PRESENTED AT THE REFERENDUM ELECTION; PROVIDING EXPLANATORY LANGUAGE FOR THE REFERENDUM; PROVIDING FOR NOTICE OF ADVERTISEMENT TO THE SAID REFERENDUM ELECTIONS TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND THE STATE OF FLORIDA ELECTION CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 28, 1990 Vice Mayor Wische moved to adopt proposed Ordinance No. 90-17 with the amendment that the date be set for the General Election in November. Commissioner Olenik seconded the motion. Discussion took place regarding language in the Ordinance which refers to height in feet and tying this into the number of stories. The Commissioners thought it should be clarified so that each question will not only have the height in feet but it will be indicated in stories as well, and indicating "whichever is less." Attorney Cherof indi- cated he could make such an amendment. Commissioner Olenik referred to the north Boynton Beach area shown on the reference map as item 4. He questioned why item 4 was divided into two sections north of the canal. Tim Cannon, Interim Planning Director stated that had been the recommendation of the Planning & Zoning Board. Discussion took place regarding the fact that uniformity doesn't really exist in this area and it "jutts in and out." Attorney Cherof remarked the Ordinance provides that the map controls in any dispute between language and map. Commissioner Olenik didn't think the language in the Ordinance was as detailed as the map in delineating the boundaries. Technical discussion ensued. The City Attorney was instructed to correct the map. The Mayor remarked the boundary would be east of Federal Hwy. The Commission agreed the Coastal Towers matter had been resolved already so Question No. 5 and sub-section E of Section 2. should be deleted. The Mayor called for a vote of all those in favor of the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner Olenik Commissioner Weiner Aye Aye Aye Aye Aye Motion carried 5-0. It was noted that this Ordinance needed one second reading which would probably occur on July 17, 1990. The date for the November election was pinned down to November 6, 1990. It will be held in conjunction with the General Election. The City Clerk was asked to find out whether or not these questions would appear with all the other State and County referendum questions. The Mayor was concerned that in holding this in conjunction with the County election, some people would not review the questions carefully and might simply vote negative across the board. 3 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 28, 1990 Carriage Homes of Congress Lakes f/k/a Gerulaitis Multi-Family Apartments Re: Site Plan Approval Discussion on this topic took place at the beginning of the meeting. Vice Mayor Wische moved to approve this item, subject to staff recommendations. Commissioner Artis seconded the motion which carried 5-0. ADJOURNMENT The meeting properly adjourned at 6:25 P.~ CIT~/O/~NTON BEACH ATTEST: ~ j ~ ~ - Co~mfssione~ Citf~lerk -- ~'~ "~ Commissioner~ Recording Secretary (One Tape) Commissioner 4