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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 PAGE 2 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 PAGE 3 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 PAGE 4 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 PAGE 5 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 PAGE 6 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 PAGE 7 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 PAGE 8 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 PAGE 9 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 PAGE 10 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 wGen /rV VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE r COUNCILMAN MAN EZ ABLIN 1 � COUNCILMAN DAVID CLARK ATTEST: U CINDY HARVEY, DEPUTY CITY CLERK PAGE 11