HomeMy WebLinkAboutMinutes Council 072095CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JULY 20, 1995
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 Furtado, Councilwoman Monroe, Councilman Clark, and Councilman
Jablin.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on the City's bulletin
Boards.
PRESENTATIONS:
FRENCHMAN'S CREEK
SAM CARSILLO Mr. Carsillo expressed his opinion that the City could not afford to support
everyone who needed help, and could not afford to help Frenchman's Creek, but
asked residents for their support in getting the train whistles stopped within the
City.
H.B,(DUTCH) LIPSCHUTZ Mr. Lipschutz,13253 Verdun Drive,current First Vice President of Frenchman's
Creek Property Owners Association, stated the Frenchman's Creek residents
were at the meeting for moral and legislative support to intervene with Jupiter
to request that they amend their development order on Abacoa mainly in regard
CITY COUNCIL REGULAR MEETING, 7/20/95
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to traffic concerns, and would help Mr. Carsillo with getting the train whistle
stopped.
ABE GERBER Mr. Gerber stated he was a resident of Frenchman's Creek and a member of the
Environmental Protection Committee for the Property Owners' Association. Mr.
Gerber indicated the residents had not come before the City Council meeting
to request financial aid, only legislative and moral support, and stated their
intent was not to block progress but to maintain the quality of the environment,
to assure that the development order would be adhered to, and that the
infrastructure was properly provided. Mr. Gerber reported events from a recent
Treasure Coast Regional Planning Council, including unrealistic traffic data.
SAM CARSILLO Mr. Carsillo responded to Mr. Gerber that his comments had been in response
to comments in the newspaper that the property owners were seeking relief.
PAUL REESE Mr. Reese, of Frenchman's Creek, explained that he had worked with
developers and had never experienced the environment being given up in favor
of a development, which he felt had been done in this case; and expressed
traffic concerns.
PHIL HARRISON Mr. Harrison commented that expansion of the bridge and other infrastructure
must be required before houses were built in Abacoa.
MILT STERN Mr. Stem, a resident of PGA National, expressed concerns of Jeff Ornstein
regarding Abacoa traffic and his request that the City Council reconsider. Mr.
Stern also expressed his concern and that of other residents of the City
CITY COUNCIL REGULAR MEETING, 7/20/95
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regarding the 41% capture rate, which he stated was far in excess of any other
known project, and stated that the project must honor Palm Beach Gardens'
level of service within the project.
LARRY SERLIN Mr. Serlin pointed out that the Treasure Coast Council had not reviewed the
Abacoa project until the end of June, that the City Council had relied on
information that was now challenged, that additional police would be needed for
traffic control near the stadium, that revenue would be lost because commercial
development planned for the south side of Donald Ross Road would not build
there, and 100% of the road capacity would be given away to Jupiter. Mr.
Serlin discussed anticipated traffic problems, the tiered level of service, the
danger to quality of life, and recommended an outside engineering firm be
hired.
Mayor Russo indicated the concerns of the City Council were the same ones
expressed by the residents, however, since the Abacoa project was not within
the City, all that could be done was to request help from Jupiter, which they
had provided.
PAUL BRADSHAW Mr. Bradshaw, an attorney representing the Frenchman's Creek Property
Owners, explained a petition had been filed with Jupiter and residents were
requesting that the City Council intervene in that case. Attorney Bradshaw
commented that the Frenchman's Creek residents were not against the
development, but were opposed to development order conditions that did not
CITY COUNCIL REGULAR MEETING, 7/20/95
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insure that the impacts of the project would be properly addressed regarding the
public facilities and natural resources. Attorney Bradshaw indicated that the
single most worrisome aspect of the development order was the way in which
monitoring of the impacts was addressed, i.e., the use of theoretical numbers
rather than actual counts for traffic data, as well as no road widening plans to
accommodate the traffic. Attorney Bradshaw requested intervention by the City
Council and expressed the desire to sit down with the developer to work out
problems.
JIM BRINDELL Attorney Brindell listed items which had been pursued with Jupiter regarding
the Abacoa project over a period of four months: internal traffic capture rates,
alternative uses of the FAU,Braves site, annual traffic reporting, proposed
project changes, major roadway landscaping, the area on AlA from PGA to
Burns Road, the PGA intersection separation, the I -95 sound barrier issue,
traffic analysis of the FAUBraves site, air quality studies, golf course
competition, and amount of nonresidential use and potential impact of those
uses on areas to be commercially developed in the Gardens. Negotiation results
included the requirement that Palm Beach County's actual traffic counts would
be included in the annual report in addition to the calculation of internal and
external trips. Attorney Brindell stated that Palm Beach Gardens had made a
strong effort to negotiate issues in a cooperative fashion. Ensuing discussion
included changes that would occur if the actual internal traffic capture rates
CITY COUNCIL REGULAR MEETING, 7/20/95
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were not the same as predicted; the possibility of negotiations to solve the
problem rather than a lawsuit estimated to cost the City approximately
$200,000; a statement by Sam Shannon, Community Development Director for
the Town of Jupiter, that no further building permits could occur on the Abacoa
project after a road had failed; a suggestion by Vice Mayor Furtado that
Frenchman's Creek residents put in writing to each entity their concerns so that
formal response could be made and this matter could move forward. Mayor
Russo suggested a meeting between all parties, and comments were made by
Jupiter Mayor Karen Golonka assuring the City that Jupiter would not approve
anything which would harm the residents of either City. Mayor Russo
reassured residents that the City Council was always supportive, would not be
afraid of a lawsuit and were already involved in a lawsuit to protect the
Frenchman's Creek residents, and would continue to support the rights of the
residents.
RECESS Mayor Russo called for a recess to in order to convene the Local Planning
Agency meeting. After adjournment of the Local Planning Agency meeting,
Mayor Russo reconvened the regular meeting of the City Council by calling that
meeting to order.
Motion was made by Vice Mayor Furtado, and seconded by Councilman Clark
to authorize a letter in support of widening the bridge on Donald Ross Road as
quickly as possible.
CITY COUNCIL REGULAR MEETING, 7/20/95
PRESENTATIONS:
JUPITER/TEQUESTA
ATHLETIC ASSOCIATION
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Mr. Jeff Leslie, a member of the JTAA Executive Board, reported close
cooperation with the City regarding the NSA Girls Fast Pitch Tournament
which would be held 8/2 -6/95 at Jupiter Community Park, Lake Catherine, and
Burns Road locations, would include teams from all over the country, and
would provide anticipated revenue for the county of $7,000,000. The Council
members and spouses were invited to attend the pre - tournament dinner and
were given tournament t- shirts. Mr. Leslie expressed his appreciation for the
City's cooperation with this program.
ITEMS BY MAYOR AND
COUNCIL:
INTERLOCAL AGREEMENT RE:
ABACOA DEVELOPMENT DRI
MIKE MARTINO Mr. Martino expressed concern that Abacoa had changed dramatically from its
original concept and that traffic would greatly impact Palm Beach Gardens.
Mr. Martino referred to the Palm Beach County agreement attached to the
development order which allowed a tiered level of service, referred to a 3 -year
window, commented that approximately 63% of the traffic conditions would
affect Palm Beach Gardens, expressed concern over the conflicting language
and record that he believed was being established, stated that some items
proposed for the interlocal agreement should have been addressed in the
development order, and stated the real impact on the City would be traffic and
tax base considerations. Councilwoman Monroe requested staff research to
CITY COUNCIL REGULAR MEETING, 7/20/95
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provide clarification regarding the three -year issue. Mayor Russo expressed
concern that the comprehensive plan could be changed so that the project could
continue. Mr. Martino suggested the City Council thoroughly study this matter,
attend the meetings addressing this matter, and strictly adhere to the Sunshine
Law.
COUNCILWOMAN MONROE Councilwoman Monroe requested an amendment to the effective date of the RV
ordinance. Councilwoman Monroe requested that staff post the September 29
Planning Forum Implementation Committee meeting.
MAYOR RUSSO Mayor Russo requested the City Council's support for him to meet with the
local newspaper to request that any letters they publish carry the name of the
author and that they verify that the person actually exists. It was the consensus
of the City Council that Mayor Russo should proceed.
VICE MAYOR FURTADO The Vice Mayor commented that the millage rate had been reduced.
CONSENT AGENDA City Manager Herakovich requested that Item 2 be postponed until the next
meeting. Vice Mayor Furtado moved that the Consent Agenda be approved
with that change. Motion was seconded by Councilman Jablin and carried by
unanimous vote. The following items were approved on the Consent Agenda:
1. Approval of City Council Regular Meeting Minutes of 7/6/95.
3. Resolution 80, 1995 - Authorizing the City Manager to enter into an
agreement with DCA re: EAR Funding Assistance.
4. Resolution 81, 1995 - Accepting the conveyance of rights -of -way
CITY COUNCIL REGULAR MEETING, 7/20/95
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for Fairchild Gardens Avenue, Gardens Boulevard and Kew Gardens
from Northern Palm Beach County Water Control District.
PUBLIC HEARINGS:
ORDINANCE 15, 1995 Mayor Russo declared the Public Hearing open, which was duly advertised
7/13/95 and held on the intent of Ordinance 15, 1995. There being no
comments from the public, Mayor Russo declared the Public Hearing closed.
Councilman Clark made a motion to place Ordinance 15, 1995 on first reading
by title only and that it be transmitted to the Department of Community Affairs.
The motion was seconded by Councilman Jablin. Councilwoman Monroe
stated her comments were the same as when the City Council sat as the Local
Planning Agency. Motion passed 3 -2. The Deputy City Clerk read Ordinance
15, 1995 by title only on first reading.
ORDINANCE 13, 1995 Councilwoman Monroe made a motion to place Ordinance 13, 1995 on first
reading by title only. The motion was seconded by Vice Mayor Furtado and
unanimously carried. It was the consensus of the City Council that Planning
and Zoning Commission proceed with creation of the Communication Towers
Code Section. The Deputy City Clerk read Ordinance 13, 1995 by title only on
first reading.
ORDINANCE 14, 1995 Councilman Clark made a motion to place Ordinance 14, 1995, Adopting
Disclosure Procedures Related to Exparte Communication with Public Officials
in Accordance with Newly Adopted Legislation, on first reading by title only.
Motion was seconded by Vice Mayor Furtado and unanimously carried. The
CITY COUNCIL REGULAR MEETING, 7/20/95
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Deputy City Clerk read Ordinance 14, 1995 by title only on first reading.
ORDINANCE 16, 1995 Resident Mike Martino was requested to submit his comments in writing
regarding this matter for consideration by the City Council. Councilman Clark
made a motion to place Ordinance 16, 1995, Calling a Special Election on
November 7, 1995, for amendments to the City Charter, on first reading by title
only. Motion was seconded by Vice Mayor Furtado. Both Councilwoman
Monroe and Mayor Russo requested the election be delayed until March, 1996.
Motion unanimously carried. The Deputy City Clerk read Ordinance 161995
by title only on first reading.
ORDINANCE 17, 1995 Councilman Clark made a motion to place Ordinance 17, 1995, Amending the
1994/1995 Fiscal Year Budget, on first reading by title only. Motion was
seconded by Vice Mayor FUrtad0 and unanimously carried. The Deputy City
Clerk read Ordinance 17, 1995 by title only on first reading.
ITEMS FOR COUNCIL
ACTION:
COUNTY COMP PLAN
AMENDMENT TO REMOVE
STATE ROAD 7 FROM
THOROUGHFARE MAP AND
2010 MAP After review by Planning and Zoning Director Walton, it was the consensus of
the City Council that more information was needed regarding a replacement
road before deletion of State Road 7. Motion was made by Councilwoman
Monroe to pursue items 2, 3 4 and 5 as listed in staff memo dated July 13, 1995.
Motion was seconded by Councilman Jablin and unanimously carried.
CITY COUNCIL REGULAR MEETING, 7/20/95
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CITY MANAGER REPORT The City Manager announced Neighborhood Crime Awareness Day on July 29,
1995; that a training session on Community Policing would be held at a date to
be determined; that People's Gas would be replacing gas lines in Plat 1 and 2;
and that the Holly Drive sidewalk had been removed. Mayor Russo requested
that park sites be considered at the next meeting.
CITY ATTORNEY REPORT City Attorney Baird updated the City Council on the status of current cases.
RESOLUTIONS
RESOLUTION 82, 1995 After an update from Planning and Zoning Director Walton, Mayor Russo
declared the Public Bearing open which was duly advertised 7/5/95 and held on
the intent of Resolution 82, 1995, Consideration of Approval for a Conditional
Use in the CG -1 General Commercial District, providing for a 12 -bay, 22,200
square -foot tire and auto service center on a 3.9 acre tract (formerly Gardens
Lanes Bowling Alley) generally located on the north side of Northlake
Boulevard and immediately west of the C -17 Canal. Mike Martino requested
consideration by the City Council of an overall plan regarding land in and
around MacArthur Boulevard. After discussion, this matter was postponed until
the August 3 meeting.
ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman
Monroe, seconded by Councilman Jablin, and unanimously approved to adjourn
the meeting at 11:30 P.M.
CITY COUNCIL REGULAR MEETING, 7/20/95
APPROVAL
MAY JOE RUSSO
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VICE MAYOR LAUREN FURTADO
COUNCILWOMAN LINDA MONROE
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COUNCILMAN MAN EZ ABLIN
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COUNCILMAN DAVID CLARK
ATTEST:
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CINDY HARVEY, DEPUTY CITY CLERK
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