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HomeMy WebLinkAboutMinutes Council 090293j CITY COUNCIL REGULAR MEETING - CITY OF PALM BEACH GARDENS SEPTEMBER 2, 1993 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 City Clerk called the roll and present were Mayor Russo, Councilman Jablin, Councilwoman Furtado and Councilman Clark. Vice Mayor Monroe was not in attendance due to illness. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on the City's bulletin boards. ITEMS BY THE CITY MANAGER City Manager Herakovich informed the City Council that the City owed the MacArthur Foundation a refund of $40,000 for past taxes because of over - appraised properties for the past two years. She explained that the Foundation successfully argued that concurrency lowered the actual taxable value. Mayor Russo stated that this could affect several properties located within the City and may have a negative impact. It was the consensus of the City Council to place this item on the next agenda and approve this refund by resolution, with monies to be taken from Council Contingency. -- At the recommendation of the City Manager, the City Council CITY COUNCIL REGULAR MEETING, 9/2/93 PAGE 2 unanimously agreed to reschedule the City Council meeting of 9/16/93 to 9/23/93 because of Rosh Hashanah Holiday. The public hearings scheduled for the 9/16/93 meeting will be recessed that evening and rescheduled for 9/23/93, after the City's budget hearing. City Manager Herakovich stated preliminary estimates show the City will receive approximately $107,000 next year from the County's six cent a gallon gas tax increase. These funds may be used for road improvements and street light repairs. After discussion regarding a date for a retirement dinner for City Attorney Bill Brant, it was agreed that October 6, 1993, was a date everyone could attend. City Manager Herakovich, referencing the RFP for City Attorney, requested any amendments be directed to her so corrections could be made. Councilman Clark had already given amendments. The advertisement for the position will begin September 12, 1993. The City Manager stated that a revised Special Event form has been given to each Council member for their review and comments. It was decided that large events, such as auto shows and festivals, should be placed on the consent agenda for Council approval. If any member of the City Council had a problem or concern it could be pulled. If all information in the Council package adequately explained the event, the approval should be done by Consent Agenda. CITY COUNCIL REGULAR MEETING, 9/2/93 ITEMS BY MAYOR AND CITY COUNCIL PAGE 3 The City Manager stated that the Police Pension Fund had a recent actuarial done and the fund is going to come up short. The City Manager stated the City Council needed to meet, along with legal /pension counsel to determine the City's stance and what should be done, if anything. It was agreed that the City Council would discuss possible problems with the Police Pension Fund and the golf course report on Thursday, 9/9193. The City Manager was directed to determine if Bonny Jensen, Lee Dehner and George Quintero would be available for that meeting. ancilman Jablin Councilman Jablin reported on his efforts to organize the Landfill Committee to try to have them elect a chairman and vice chairman, to no avail. He stated that late this afternoon, Roger Lambert (a member of the Landfill Committee) informed him that he received a FAX from Mr. George Cox stating all other members of the committee had resigned. Mr. Lambert arrived at the meeting at approximately 8:30 P.M. and discussed his wish to remain on the committee and a request for the City Council to consider hiring an independent engineer to do a study, since there were concerns about the Dames and Moore study. The City Council requested the City Manager get cost and time estimates from different engineers so the Council could decide if this request CITY COUNCIL REGULAR MEETING, 9/2/93 was feasible. Councilwoman PAGE 4 Furtado Councilwoman Furtado stated she has received a lot of feedback from people regarding the golf course and loss of monies. The Council will be discussing the reports received regarding the golf course at a workshop meeting on 9/9/93 at which time they will begin to determine what needed to be done. Councilwoman Furtado referenced a race discrimination lawsuit that the City is faced with and the recent determination that it could become a class action suit. Councilwoman Furtado felt that the City Council should consider settling the case out of court to save taxpayers' money. Councilwoman Furtado reported that the Space Allocation Committee has been meeting and is ready to report cost estimates to City Council for the refurbishing of City Hall /Police Department. In response to Councilwoman Furtado, the City Manager stated that the Interlocal Agreement for the widening of Northlake Boulevard has expired and the City needed to bring this back into viability. The City Manager will be discussing this with the City Council at a later date. COUNCILMAN CLARK Councilman Clark reported that the Charter Review Committee has been meeting and is working on the redrafting of sections of the Charter. Councilman Clark stated he was contacted by Mr. Lioce of CITY COUNCIL REGULAR MEETING, 9/2/93 PAGE 5 Planning & Zoning Commission, who stated he was resigning due to conflicts of interests preventing him from participation in many votes of that advisory board. MAYOR RUSSO Mayor Russo thanked Milton Stern for organizing the meeting last night at PGA National re: tax increase. Mayor Russo expressed the need for a North County Economic Forum and the Council agreed that he should work in that direction. Mayor Russo stated that certain problems facing the City have been blamed on the past administration and felt that the time has come to stop referencing what we feel created the problems and focus on the solutions instead. CONSENT AGENDA Mayor Russo stated he was not at the last meeting and would not be voting on the minutes. Councilman Clark made a motion, seconded by Councilman Jablin, to approved the consent agenda. Motion unanimously approved. The following items were approved on the Consent Agenda: 1. Proclaiming September as "Sickle Cell Disease Month ". 2. Approval of Minutes of 8/19/93 Regular Meeting. 3. Resolution 90, 1993 - Amending Prosperity Center PUD by approving signage for tenants & site, and change of colors of building and structures. PUBLIC HEARINGS• Ordinance 12,1993 Mayor Russo declared the Public Hearing open, which was duly advertised 8/18/93, and held on the intent of Ordinance 12, 1993, repealing Article IV, Art In Private Developments, CITY COUNCIL REGULAR MEETING, 9/2/93 PAGE 6 of Chapter 151 of the Palm Beach Gardens Code and adopting a new Article IV, Art in Public Places, in replacement thereof. Due to several corrections, Councilwoman Furtado made a motion, seconded by Councilman Clark, to recess the Public Hearing. The motion was unanimously approved. Councilman Jablin made a motion, seconded by Councilwoman Furtado to recess the public hearing to 9/23/93. Ordinance 13, 1993 Kim Glas, Planner, addressed the City Council, outlining past workshop history of Ordinance 13, 1993. Ms. Glas referenced corrections and questions brought up by the Building Official. The City Council had no problems with suggested corrections. The City Manager stated that the concern she was hearing was that the City has been lucky to get some of the Development Orders it has and at some point would have to look at revenue sources to take care of design guideline wishes. The City's intent is to preserve the area to make sure it will be set aside and not to delay any construction. Mayor Russo declared the Public Hearing open, which was duly advertised 8/18/93 and held on the intent of Ordinance 13, 1993, amending Chapter 159 of the Palm Beach Gardens Code, The Zoning Code, by creating and adopting a new section thereof designated as 159.044, PGA Boulevard Planning and Design Guidelines. Nader Salour of Ballen Isles addressed the City Council stating he agreed with the Ordinance now that CITY COUNCIL REGULAR MEETING, 9/2/93 PAGE 7 he understood that the intent was not to delay construction. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. Per a motion by Councilman Jablin and seconded by Councilman Clark, the City Attorney read, by title only, on second and final reading, Ordinance 13, 1993. Councilman Clark made a motion, seconded by Councilwoman Furtado, to adopt Ordinance 13, 1993. The motion was unanimously carried. Ordinance 14, 1993 Mayor Russo opened the Public Hearing, which was duly adver- tised 8/18/93 and held on the intent of Ordinance 14, 1993, relating to the regulation of the use and development of land regarding public safety impact fees. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Mayor Russo pointed out that this was the first of two Public Hearings to be held on Ordinance 14, 1993, with the second advertised for 9/16/93, with consideration of adoption; however, that Public Hearing would be recessed on that date to 9/23/93 due to Rosh Hashanah Holiday. Ordinance 15, 1993 Mayor Russo declared the Public Hearing open, which was duly advertised 8/18/93 and held on the intent of Ordinance 15, 1993, amending Ordinance 21, 1992, as subsequently amended, same being the budget ordinance of the City of Palm Beach Gardens for the fiscal year beginning 10/1/92 and ending 9/30/93; inclusive. There being no comments from the public Mayor Russo declared the Public Hearing closed. Per a unanimous vote of the City Council, the City Attorney CITY COUNCIL REGULAR MEETING, 9/2/93 PAGE 8 read, by title only, on second and final reading, Ordinance 15, 1993. Councilman Clark made a motion, seconded by Councilman Jablin, to adopt Ordinance 15, 1993. Motion was unanimously carried. Resolution 88,1993 The City Council discussed Resolution 88, 1993, appointing 3 members and 2 alternate members to the Zoning Board of Appeals. The following names were inserted in the blanks: Sam Carsillo - Regular Member Otto Rudley - Regular Member John Bailey - Regular Member Lynn Waxman - Primary Alternate Jan Rausch - Second Alternate Councilwoman Furtado made a motion, seconded by Councilman Clark to approve Resolution 88, 1993, with the above names. Resolution 88, 1993, was unanimously adopted by the City Council. Resolution 104,1993 Councilman Jablin made a motion, seconded by Councilman Clark, to approve Resolution 104, 1993, conflict of interest policy. Resolution 104, 1993, was unanimously approved by the City Council. Resolution 105,1993 Councilwoman Furtado made a motion, seconded by Councilman Jablin, to approve Resolution 105, 1993, requesting Palm Beach County to consider the Military Task Force report and recommend Option 1. Resolution 105, 1993, was unanimously approved by the City Council. aolution 106,1993 Resolution 106, 1993, appointing a member to the Police CITY COUNCIL REGULAR MEETING, 9/2/93 PAGE 9 Retirement Trust Fund Board, was tabled until the 9/23/93 meeting of the City Council. Resolution 107,1993 Councilman Clark made a motion, seconded by Councilman Jablin, to approved Resolution 107, 1993, establishing a policy as to the implementation of the Parkway System required to be developed in the areas so designated in the Palm Beach Gardens Comprehensive Plan. Resolution 107, 1993, was unanimously adopted by the City Council. Resolution 108,1993 After discussion by the City Council, the following name was inserted in the blank for Resolution 108, 1993, appointing a regular member to the City's Planning & Zoning Commission to fill the unexpired term of Domenick Lioce: Diane M. Carlino. The City Council requested another resolution be presented for their consideration at the next meeting, on the consent agenda, appointing William C Mignogna to the Planning & Zoning Commission as an alternate to fill Diane M. Carlino's term. Councilman Clark made a motion, seconded by Councilman Jablin, to approved Resolution 108, 1993. Resolution 108, 1993, was unanimously approved by the City Council. nnnTMA"f'.- . Ordinance 16,1993 Per a unanimous vote of the City Council, the City Attorney read, by title only, on first reading, Ordinance 16, 1993, Levying a tax on real and personal property located within the City of Palm Beach Gardens for year ending 12/31/93; CITY COUNCIL REGULAR MEETING, 9/2/93 PAGE 10 affixing a total valuation thereon and tax rate thereon for said year; adopting a fiscal budget for the fiscal year beginning 10/1/93 and ending 9/30/94, inclusive; appropriating funds for expenditures. The first Public Hearing for the 1993/1994 Fiscal Year Budget will be 9/7/93. ITEMS FOR DISCUSSION Golf Course Budget The City Council expressed no concerns with the proposed Golf Course Budget, however, requested the City Attorney research the possible use of Visa /MasterCards. Recreation D- volving Fund The City Council expressed no concerns with the proposed Recreation Revolving Fund. Fiber Optics Box The City Manager explained the request for a utilities easement and placement of fiber optics box at the Municipal Complex. The City Council expressed no concerns with the request and directed the City Manager to proceed. PGA Boulevard Landscaping The City Manager stated that FP &L stated they were going to put the underground electrical lines in at no charge to the City, however, felt that there was a need for better coordination. She will report back to the City Council at a later date. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9 :43 P.M. CITY COUNCIL REGULAR MEETING, 9/2/93 PAGE 11 APPROVAL Wdk �OSEPI R. RUSSO VICE MAYOR LINDA MONROE C016 ?tMAW-TiRf JABL f COUNCILWOMAN LAUREN FURTADO COt7 F�CILMAN DAVID CLARK ATTEST: �;IV. KOSIER, CMC, CITY CLERK