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HomeMy WebLinkAboutMinutes Council 031794CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS MARCH 17, 1994 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL The Deputy City Clerk called the roll and present were Mayor Russo, Vice Mayor Monroe, Councilman Jablin, Councilwoman Furtado and Councilman Clark. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on the City's Bulletin Boards. He welcomed representatives of Boy Scout Troop 150 who were in attendance to observe the process of City Council meetings. REORGANIZATION Vice Mayor Monroe made a motion, seconded by Councilwoman Furtado and unanimously approved to appoint Joseph Russo as Temporary Chairman to elect the Mayor and Vice Mayor. Councilman Jablin thanked Mayor Russo for the wonderful job he has done during the past year, and then nominated Councilman David Clark as Mayor for the coming year. The motion was seconded by Councilwoman Furtado and unanimously approved. Councilwoman Furtado nominated Councilwoman Linda Monroe as Vice Mayor for the coming year. Motion was seconded by Councilman Clark and unanimously passed. Councilman Clark nominated Lauren Furtado as Deputy Treasurer for the coming year and Vice Mayor Monroe nominated Joe Russo as Deputy Treasurer for the coming year. Both motions were seconded by Councilman Jablin and unanimously passed. Vice Mayor Monroe nominated Councilman Eric Jablin as Chairman Pro - Tem for the coming year. Motion was seconded by Councilman Clark and unanimously approved. RESOLUTION 29, 1994 Motion was made by Councilwoman Furtado, seconded by Councilman Jablin, to approve Resolution 29, 1994 with the name David Clark inserted as Mayor and Linda Monroe inserted as Vice Mayor. The motion passed 5 -0. ITEMS BY MAYOR AND CITY COUNCIL Mayor Clark The consensus of the City Council was that City Council members would serve as Council Liaisons to Boards as follows: Mayor Clark: Beautification and Environmental Committee, Planning and Zoning Commission and Loxahatchee Council of Governments. Councilwoman Furtado: Merit System Board and Palm Beach County Metropolitan Planning Organization. Vice Mayor Monroe: Code Enforcement Board, Zoning Board of Appeals, and Planning Forum. Councilman Jablin: Art Advisory Committee. Councilman Russo: Recreation Advisory Board, North County Economic Advisory Committee, and Municipal League. Councilwoman Furtado Councilwoman Furtado reported that all of the signatures O CITY COUNCIL REGULAR MEETING, 3/17/94 PAGE 3 needed to send the petition to Washington for Palm Beach County to become a foreign trade zone had been obtained, which would help lure businesses to the area. She stated that more tutors were needed for the volunteer program at the high school, and reminded those present that the School Board meeting scheduled for March 23 would be very important. Councilwoman Furtado also reported the school improvement plan deadline of April 15 was approaching, and that a dress code and discipline plan had been formulated. Councilman Russo Councilman Russo reported he had attended a meeting of the Municipal League, where he learned the flood insurance program will not be the problem for Florida as anticipated; and that the Board of Realtors had requested that Cities tax mineral rights upon the sale of property, and the cities had referred this matter to the County. Also, he had attended the DARE graduation and commented on what a great program this has been. Councilman Jablin Councilman Jablin reported he had attended a meeting of the Landfill Committee which had set up a forum for March 28 to be attended by representatives from five agencies to discuss areas of concern. He thanked the members of the Landfill Committee for their work on the committee. He also stated there should be a permanent Oversight Committee for the schools, to which Councilwoman Furtado stated her agreement. I CITY COUNCIL REGULAR MEETING, 3/17/94 PAGE 4 COMMENTS FROM THE PUBLIC: Sam Carsillo Sam Carsillo reported that at the Lake Catherine cleanup he had observed young people in boats on Lake Catherine without life jackets and suggested life preservers be kept there so that something could be thrown to save boaters in trouble. He reported a golf ball had hit one of the Palm Beach Gardens police cars by someone driving r golf balls next to the lake, which was very dangerous. Mr. Carsillo praised the fine job that had been done cleaning trash from the lake and suggested signs and trash barrels be placed close to the lake so that trash would not be thrown into the water. He requested the j Council continue to work on his list of requests, and commented on the cost to taxpayers of narrowing the medians on Military Trail between Northlake and PGA Boulevards. Vice Mayor Monroe suggested placing the list of concerns of Mr. Carsillo on the agenda for Council discussion on each item. CONSENT AGENDA: It was the consensus of the Council to remove Resolution 28, 1994, Resolution 30, 1994, Resolution 31, 1994 and Resolution 32, 1994 from the Consent Agenda. Vice Mayor Monroe made a motion to approve the Consent Agenda as amended, seconded by Councilwoman Furtado and approved by a vote of 5 -0. 1. Approval of Minutes of 3/3/94 Regular Meeting. 2. Resolution 21, 1994 - Authorizing the City Manager to enter into contract negotiations for management CITY COUNCIL REGULAR MEETING, 3/17/94 PAGE 5 n' of the Palm Beach Gardens Municipal Golf Course. VARIANCES: (City Council Sitting as Landscape Committee of Adjustments) RESOLUTION 35, 1994 David Felton, agent for the petitioner, Shell Oil Company, presented a request for approval of a landscape plan with landscape variance for the Shell Service Station at 4445 PGA Boulevard and Military Trail. Motion was made by Vice Mayor Monroe, seconded by Councilman Russo and unanimously passed by a vote of 5 -0 to approve Resolution 35, 1994. RESOLUTION 28, 1994 It was the consensus of the City Council that Resolution 28, 1994 Establishing New Requirements to Amend the City Comprehensive Land Use Plan be amended in Section 2, paragraph 2, line 3 by replacing "prior to" with "on or before". Motion was then made by Councilwoman Furtado to approve Resolution 28, 1994, as amended. Motion was seconded by Councilman Jablin and passed 5 -0. RESOLUTION 30, 1994 During discussion of Resolution 30, 1994, Amendment to "The Oaks" PUD Landscaping Plan for Gardens East Drive and the RCA Boulevard Buffer, approved by Ordinance 31, 1989, the Council was made aware that because of lack of communication, original landscaping had not been properly approved by the Council. The petitioner stated their application had been to eliminate the berm on RCA Boulevard and to ask the Council to accept their landscaping plan as redrawn, however, the Council now n' CITY COUNCIL REGULAR MEETING, 3/17/94 PAGE b N wanted to impose requirements for upkeep of the medians, and since these medians had been well maintained on a voluntary basis the petitioner did not feel this requirement was necessary. It was the consensus of the City Council that Resolution 30, 1994, be returned to staff to work with the petitioner on differences. RESOLUTION 31. 1994 Rich Walton briefly reviewed background on the Canterbury PUD, PGA National PCD, approved by Resolution 103, 1987, which would be amended by Resolution 31, 1994 to modify an existing model, to revise the landscape plans and to approve pool and screen enclosure setbacks. Motion to approve Resolution 31, 1994 was made by Councilman Russo, seconded by Councilwoman Furtado and passed 5 -0. RESOLUTION 32. 1994 It was the consensus of the City Council to confer with the City Attorney as to possible revisions of procedure within Resolution 32, 1994, and to present this Resolution for approval at a later date. RESOLUTION 33, 1994 Motion was made by Councilman Russo to approve Resolution 33, 1994 with the name of Jeffrey Blakely inserted in Section 1 as the regular member to fill the unexpired term of Denise Dytrych and also to insert the name of Pamela Dyer as the alternate member to fill the seat being vacated by Jeff Blakely. Motion was seconded by r Councilwoman Furtado and passed 5 -0. RESOLUTION 34, 1994 Brahm Dubin, President of Dubin & Associates, answered Councilman Russo's question regarding JCD Management, N CITY COUNCIL REGULAR MEETING, 3/17/94 PAGE 7 Inc., stating it was a separate corporation set up solely for the City's golf course management contract. Since the Council was concerned about this corporation having no assets if litigation should occur, Mr. Dubin agreed to provide guarantees from his other corporations. since there were other concerns that needed to be addressed, upon advice of the City Attorney it was the consensus of the Council to postpone this matter for one week, to be finalized at a special meeting on March 24, 1994. ORDINANCES• ORDINANCE 7, 1994 City Attorney Baird explained the that length of Ordinance 7, 1994 was due to the fact that it incorporated the two proposed amendments of 1994 and also the substantial amendments that were made in 1992 that may have been referenced to a repealed code. The City Attorney stated that a change should be made in the title of Ordinance 7, 1994 in the sixth line from the bottom by deleting "the amendment of Section 33.44 by repealing Section 33.44 and adopting" and change Section 33.44 in the 4th line from the bottom to Section 33.45. Vice Mayor Monroe withdrew her motion to place on first reading Ordinance 7, 1994 as presented, and Councilwoman Furtado withdrew her second to the motion. Vice Mayor Monroe then made a motion that Ordinance 7, 1994 be placed on first reading as amended by the City Attorney. The Deputy City Clerk read, on first reading, Ordinance CITY COUNCIL REGULAR MEETING, 3/17/94 ITEMS FOR DISCUSSION PALM BEACH PAGE 8 7, 1994, an ordinance of the City of Palm Beach Gardens, Florida amending the Palm Beach Gardens Police Officers' Pension Fund. CHURCH Rich Walton voiced staff concern that 450 required parking spaces for the 1,800 -seat proposed church facility would not be provided on property owned by the church. After discussion and comments by Senior Pastor Raymond Underwood and by Donaldson Hearing, Agent for Palm Beach Community Church, it was the consensus of the City Council to direct staff to formulate best and worst case scenarios for parking, to work with the City Attorney regarding realistic limitations, and to research how possible future sale of the property for another use would impact this proposal, to provide more information to the City Council. CITY MANAGER REPORT It was the consensus of the City Council to approve City Manager Herakovich's request for approval for a one -week professional agreement with Dubin & Associates in the amount of $1,187.50 to manage the golf course until the contract could be finalized at next week's meeting. It was the consensus of the City Council to authorize the Equity Study Commission consisting of volunteers Dave Haysmer, Gary Krielow, Dr. Lewis Mark, Wes Nichols, and Bill Upshaw to begin work. CITY COUNCIL REGULAR MEETING, 3/17/94 PAGE 9 Motion was made by Vice Mayor Monroe, and seconded by Councilwoman Furtado, to approve the purchase of additional vehicles through the Natural Gas Vehicle Grant in the amount of $39,330.67 to be funded by the 1993 -94 fiscal year budget of which 50% would be reimbursed through the alternative fuel grant. Motion passed 5 -0. OAKBROOK CORPORATE CENTER PUD TIME EXTENSION It was the consensus of the City Council to delay the workshop for Oakbrook Corporate Center PUD request for time extension until the City Council Regular Meeting, 4/7/94, because of lack of time. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:30 P.M. CITY COUNCIL REGULAR MEETING, 3/17/94 APPROVAL ✓ 4 MAYOR DAVID CLARK VICE MAYOR LINDA MONROE � � 4•� ice' ,, ' r Si '�., , COUNCILMAN ERIC JAfiLIN ' COUNCILWOMAN AUREN,,FUR ADO ({- UNCLLMAN JO EPH RUSSO ATTEST: EXA M. RIEF, DEPUTY CITY CLERK PAGE 10