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HomeMy WebLinkAboutMinutes Council 121092V CITY COUNCIL SPECIAL REGULAR MEETING CITY OF PALM BEACH GARDENS DECEMBER 10, 1992 The Special Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Martino at 8 :00 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 Martino, Vice Mayor Russo, Councilwoman Monroe, Councilman Jablin and Councilwoman Furtado. Karen Marcus, Palm Beach County Commissioner, District 1, was also in attendance. ANNOUNCEMENTS The Mayor stated the announcements were as posted on the City's Bulletin Boards. RESOLUTIONS RESOLUTION 92 Mayor Martino stated the purpose of the Special City Council meeting this evening was the subject of the removal of Jog Road. Mayor Martino stated at the 12/3/92 City Council meeting, the Council discussed the latest information prepared by staff re: effectuation of the removal of the length of Jog Road, between Northlake Boulevard and PGA Boulevard from the Thoroughfare System of Palm Beach County. Mayor Martino stated the City of Palm Beach Gardens was officially on record with Palm Beach County based on a policy resolution, Resolution 2, 1992, requesting the removal of Jog Road, in conjunction with the allowance under CITY OF PALM BEACH GARDENS SPECIAL REGULAR MEETING, 12/10/92 PAGE 2 the Palm Beach County Traffic Performance Standards Ordinance. Mayor Martino stated there had been ongoing dialogue with Palm Beach County to cooperate in recognizing that goal by considering what necessary density reductions would be necessary in the City of Palm Beach Gardens. Mayor Martino stated staff had recognized a particular area of the City, known as TAZ 848, which would allow for all of the goals to be met. Mayor Martino stated after the presentation by staff, discussion ensued and staff was directed to meet with County staff to discuss the County's recommendations to the City. Mayor Martino stated there was a consensus to invite the County Commissioners to participate in the meeting this evening. Rich Walton, Director of Planning and Zoning, addressed the City Council and briefly discussed the meeting with County staff. Mr. Walton stated the County concurred with the numbers as presented to the City Council on 12/3/92. Mayor Martino stated, after the 10/28/92 County Commission meeting, he was under the impression that if the City succeeded in showing the density reductions in the City of Palm Beach Gardens that would allow for the goal to be realized and the County would begin the process to effect the removal of Jog Road. Mayor Martino stated this would require a Comprehensive Plan change by both the County and the City. Mayor Martino stated tonight the Council is considering for adoption, Resolution 114, 1992, Unanimously CITY OF PALM BEACH GARDENS SPECIAL REGULAR MEETING, 12/10/92 PAGE 3 agreeing with the Board of County Commissioners to reduce densities in part of the City. Mayor Martino read Resolution 114, 1992, in full, for the benefit of the audience. George Webb, County Engineer, addressed the City Council stating the County can replicate what the Council discussed, as far as the density reductions and understand the numbers the City had on the various roadways. Mr. Webb stated they did not agree at that meeting that they could reach an agreement with staff as far as supporting those levels of numbers on the remaining roadway network. Mr. Webb stated they reached concurrence that the process used by the City was identical to the process used by the County and were able to agree both processes were in sync. Mr. Webb stated his recommendation to the County LUAB and the Board of County Commissioners was that Jog Road should remain on the network, however, right -of -way should be reduced to 801, there should be a restriction to 2- lanes, however, with that restriction to 2- lanes, densities would need to be reduced. Mr. Webb stated they looked at removing Jog Road and in so doing, it reflected on other portions of the network. Mr. Webb stated an alternate recommendation was made to the Board of County Commissioners that additional densities should be removed so other portions of the network would not be as affected if Jog Road was to be removed from the network. Mr. Webb stated County staff believes the density CITY OF PALM BEACH GARDENS SPECIAL REGULAR MEETING, 12/10/92 PAGE 4 - question should move forward, however, the question of how much density and where, is a policy question. Mr. Webb stated the ultimate location and effect on various portions of the roadway network is also a policy question. Mr. Webb stated the Board of County Commissioners directed County staff to develop an Interlocal Agreement, as a draft, as part of a discussion on how best to address this issue. Mr. Webb stated even though the City Council was considering adoption of a Resolution, the County staff will continue to follow through with the Board of County Commissioners and develop an Interlocal Agreement as part of an alternative approach. Mr. Webb stated with the Interlocal Agreement, they would try to codify what the City and County are attempting to do and the consequences of their actions in the future. Mr. Webb stated the Interlocal Agreement states Palm Beach County would agree to transmit a reduction in right -of -way and the potential elimination of Jog Road from the Thoroughfare Plan, if in fact, densities were reduced. Mr. Webb stated the Interlocal Agreement also addresses that Palm Beach Gardens needed to take action to adopt the Interlocal Agreement, prior to Palm Beach County adopting its final deletion of Jog Road from the Thoroughfare Plan. Mr. Webb stated the Interlocal Agreement contained a trigger, that if actions taken in the future to amend the Comprehensive Plan in Palm Beach Gardens had an effect on Military Trail and Beeline Highway to raise the level of CITY OF PALM BEACH GARDENS SPECIAL REGULAR MEETING, 12/10/92 PAGE 5 service, the potential would exist that Ryder Cup Boulevard /Jog Road could be opened back up to public use and thru traffic. Mr. Webb, at this time, introduced the members of the County staff in attendance this evening, Dan Weisburg, Traffic Engineer; Charlie Walker, Acting Assistant County Engineer; Dennis Foltz, Director of Planning; and, Barbara Alterman, Assistant County Attorney. Commissioner Marcus stated, based on the action the County Commission took in May, they felt the Interlocal Agreement would achieve the goal of trying to delete Jog Road through density reduction. Mayor Martino stated it would be difficult for the City Council to comment on any Interlocal Agreement with any certainty or accuracy, since the first draft was received 12/8/92 and another draft was just presented. Mayor Martino stated he was under the impression, after leaving the County Commission meeting of 10/28/92, the County staff had a certain recommendation to go about the business of making 12/14/92 the day Jog Road would come off the Thoroughfare System. Mayor Martino stated when he left that day, he was under the impression the only issue being addressed was the removal of Jog Road, and, if necessary, associated density reductions. Mayor Martino stated he did not recall any discussion involving an Interlocal Agreement, although he was not opposed, if properly structured. CITY OF PALM BEACH GARDENS SPECIAL REGULAR MEETING, 12/10/92 PAGE 6 -- Commissioner Marcus stated the Board's intent was to move forward with their transmittal on 12/14/92,, with the deletion, and prior to their adoption, have the Interlocal Agreement executed. Commissioner Marcus stated at that time, the City would have made their land use changes. Commissioner Marcus stated the Interlocal Agreement comes from the 5/4/92 vote of the Board of County Commissioners. Vice Mayor Russo stated he was not opposed to an Interlocal Agreement based on the City's Resolution 114, 1992, however, he was opposed to a reverter clause being included in the Interlocal Agreement. In response to Mayor Martino, Commissioner Marcus stated the County does not look at the clause included in the Interlocal Agreement as a reverter clause, but as protection to ensure lower densities are maintained in the area and prohibit any action which would worsen Military Trail. Councilwoman Furtado stated she wanted the residents in PGA National to be protected, however, the Council must look at the City as a whole, and would like the Interlocal Agreement to protect PGA National as well as the rest of the City. Mayor Martino stated Military Trail is a problem, however, the City of Palm Beach Gardens alone cannot solve that problem. Councilwoman Monroe stated at the last Council meeting she requested 2 additional models to be run. Councilwoman Monroe stated a policy was adopted a year ago by the Council CITY OF PALM BEACH GARDENS SPECIAL REGULAR MEETING, 12/10/92 PAGE and the Council, at that time, did not have the data that was available today. Councilwoman Monroe stated with the density reduction presented to the Council last week, the hardship on Military Trail was increased. Councilwoman Monroe requested staff present the information on the additional model runs. In response to Councilwoman Monroe, Lennart Lindahl and George Webb reviewed the information requested by Councilwoman Monroe. Councilman Jablin stated he could support an Interlocal Agreement, however, had a problem with a reverter clause being included. Councilman Jablin stated he would like for the Council to approve Resolution 114, 1992 tonight and felt it would give the County an indication the City is serious about lowering these densities and will actually do so. In response to Councilman Jablin, Commissioner Marcus stated 12/14/92 would be a transmittal hearing and the transmittal could occur with the deletion of Jog Road, however, she felt, for the benefit of the Treasure Coast Regional Planning Council and the DCA, they would need to indicate an Interlocal Agreement was being entered into by the two local governments. Commissioner Marcus stated within the 4 - 6 months it would take for the transmittal to come back before the County Commission for final adoption, the City of Palm Beach Gardens could have already completed their actions. In response to Councilwoman Monroe, Mr. Webb stated the CITY OF PALM BEACH GARDENS SPECIAL REGULAR MEETING, 12/10/92 PAGE 8 earlier figures reflected the one correction in TAZ 797 as 1 unit per acre and the reduction in density in TAZ 848 by 50 %. Mayor Martino stated he had prepared an Interlocal Agreement supporting the consensus of the City Council. The Interlocal Agreement included an expression of certainty that the City of Palm Beach Gardens was serious about the density reductions and did not include a reverter clause. Mayor Martino stated the Interlocal Agreement also included the integrity and thoughts contained in Resolution 114, 1992. Phillip Lyddon, 214 Eagleton Lakes Blvd.; Milton Stern, 24 Cayman Place; Jim DeLonga, 13 Glengary Road; and, Vince Pappalardo, 5080 Woodland Lakes Drive, addressed the City Council stating their opposition to the proposed Interlocal Agreement, the inclusion of a reverter clause and their desire for the removal of Jog Road. John Gary, Gary, Dytrych & Ryan, representing the John D. and Catherine T. MacArthur Foundation, addressed the City Council and read into the record a letter addressed to the City Council from Lawrence L. Landry, Vice President and Chief Financial Officer of the Foundation, requesting the Council postpone action at this time (copy attached). Sam Carsillo, 10063 Dahlia Avenue, addressed the City Council stating the developer and realtors should have informed the residents at time of purchase of the potential CITY OF PALM BEACH GARDENS SPECIAL REGULAR MEETING, 12/10/92 PAGE 9 extension of Jog Road through the development. Catherine Dwore, 13105 Silver Fox Trail, addressed the City Council, stating everyone should consider the issues raised tonight and not rush into a decision. George deGuardiola, representing PGA National and PGA Ventures, addressed the City Council and submitted copies of documents showing what Treasure Coast Regional Planning Council, DCA and the City reviewed when PGA National was originally approved (copy attached). Councilwoman Monroe expressed grave concern over the possibility of pitting neighborhood against neighborhood. She felt, even though they are less affluent, the residents east of Military Trail should be afforded the right to have u the same quality of life as the residents present tonight requesting the removal of Jog Road. Councilwoman Monroe stated she felt when you close one option, you also lose other options and felt this was happening with this issue. Councilwoman Monroe stated she questioned the reasoning of lowering the density to the detriment of another property owner. Councilwoman Monroe stated the potential of lawsuits would not bother her if she felt they were on firm ground, however, she did not feel they were on firm ground at this point, even though they might be at some point in the future. She stated if the residents of Palm Beach Gardens must pay for a lawsuit, the residents east of Military Trail will suffer 1) because of the roadways and, 2) because they CITY OF PALM BEACH GARDENS SPECIAL REGULAR MEETING, 12/10/92 PAGE 10 would have to help pay for the lawsuit. Councilwoman Monroe stated her number 1 regret was the City allowing the guard gates to go up when PGA was approved in 1978. She felt that gave the residents a false sense of security, and they might have had second thoughts on purchasing there. Councilwoman Monroe stated she was not completely opposed to doing this, but was opposed to the timing, since this may be taking away one of her or her neighbor's opportunities. Councilwoman Monroe stated when she cast her negative vote on this issue, she hoped people would say she does represent other people also. Mayor Martino stated in case of a lawsuit, he felt, if there was an Interlocal Agreement, it should contain a clause `J joining Palm Beach County and Palm Beach Gardens, or there should be an indemnification agreement. Mayor Martino stated the guard gates were not part of the original approval process for PGA National. Mayor Martino stated when the Council first looked at the property located in TAZ 848, it was obvious it could not contain the density units planned. Mayor Martino stated, in his opinion, considering this piece of property for density reduction did no harm to the landowner. Mayor Martino felt an Interlocal Agreement should be considered, but the Interlocal Agreement should be simple and to the point. Mayor Martino stated he hoped 12/14 was drop dead date for this issue because there had been promises made and they should be kept. Councilman Jablin made a motion; seconded by Vice Mayor CITY OF PALM BEACH GARDENS SPECIAL REGULAR MEETING, 12/10/92 PAGE 11 Russo, to approve Resolution 114, 1992 as presented. Per a consensus of the City Council, staff was directed to strike "unanimously" in the title of Resolution 114, 1992, and in line 2 of Section 1. Vice Mayor Russo stated he did felt the removal of Jog Road would not harm Military Trail. He stated Military Trail was a problem that needed to be addressed and he would work for the residents of the City as hard as he has worked for the PGA residents. Vice Mayor Russo stated he wanted to see this issue brought to a close on 12/14 and wanted the County Commission to know he does not oppose an Interlocal Agreement, but cannot live with a reverter clause. Vice Mayor Russo stated then the County and the City could move on to Military Trail and other issues. Councilwoman Monroe stated she appreciated Vice Mayor Russo and Councilman Jablin wanting to get this issue resolved. Councilwoman Monroe stated when the options are taken away, the only other option would be to lower densities or make Military Trail 8 lanes. If DCA would not acknowledge any further decrease in density, then the alternative would be court. Councilwoman Furtado stated trust was the operative word and if the Council wanted the County to trust them, the Council must trust the County. She expressed faith the Interlocal Agreement will be suitable to all concerned. Bill Brant stated staff needed more direction from the CITY OF PALM BEACH GARDENS SPECIAL REGULAR MEETING, 12/10/92 PAGE 12 -- Council to intervene with County Staff re: Interlocal Agreement. The motion was approved by a vote of 4 ayes and 1 nay. The nay vote was cast by Councilwoman Monroe, for reasons previously stated. Further discussion ensued regarding the reverter clause included in the Interlocal Agreement and the needed relief on Military Trail. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:00 P.M. APPROVAL MAYOR i TI IVI S! O ATTEST: c ;Cl.! XA M. RIEF, DEP Y CITY CLERK COUNCILWOMAN FURTADO 4176 Bums Road Telephone: (407) 626 -4800 Palm Beach Gardens, FL 33410 -9602 FAX: (407) 624 -4905 THE JOHN D AND CATHERINE T ti MACARTHUR FOUNDATION December 10, 1992 Mayor Michael Martino Vice Mayor Joe Russo Councilwoman Linda Monroe Councilman Eric Jablin Councilwoman Lauren Furtado Dear Mayor and Palm Beach Gardens Council: It is the understanding of the John D. and Catherine T. MacArthur Foundation that the Palm Beach Gardens City Council will tonight consider a proposal to reduce densities on 1,400 acres of property owned by the Foundation in order to facilitate the removal of the Jog Road thoroughfare through PGA National. While we were aware of general discussions regarding density reductions, we were apprised only one week ago of a specific plan to reduce densities exclusively on Foundation -owned land. While we are fully supportive of the goals of the PGA National residents, we would respectfully request that the City Council postpone taking any such action at this time for four primary reasons. First, the Jog Road thoroughfare has been in the Palm Beach County Road Thoroughfare Plan for many years, as a condition of approval of the PGA National development. While we understand that the residents of PGA National may not have been fully aware of this fact, taking value from MacArthur Foundation assets is an unfair means of addressing these residents' concerns. Second, the Palm Beach County Land Use Advisory Board already has recommended limiting Jog Road to two lanes and allowing the guard gates to remain, as long as the public has access to the roadway. Since there are no plans to expand Jog Road in the foreseeable future, this recommendation, if accepted by the County Commission, should adequately address the near -term concerns of PGA National residents. December 10, 1992 Page 2 Third, the MacArthur Foundation has underway a major environmental analysis of all our Palm Beach and Martin County lands. This study will be complete in approximately seven months and will provide important new data with which we can work together to plan appropriate uses for our land. At that time, we also will be able to effectively evaluate the infrastructure needed to support those uses. It is probable that, during that planning, we will be able to negotiate density allocations that would allow the permanent removal of Jog Road from the County's Thoroughfare Plan. Fourth, the community and many city and county elected officials have expressed a desire for a university campus site located East of the Loxahatchee Slough. By removing Jog Road at this time, we run the risk of losing viable sites for that campus before any of us have the opportunity to study the best locations. A premature decision on this single road could, therefore, jeopardize an important asset to the residents of Northern Palm Beach County. In summary, we are not asking you or the residents of PGA National to abandon their goals regarding Jog Road. We simply are asking for enough time to allow a thorough analysis of the related issues and impacts before a final decision is made. We also ask that you understand the responsibilities of the Foundation and its officers to prevent the assets of the Foundation from being unfairly devalued. Thank you for your thoughtful consideration of this matter. We hope to have an opportunity to work as partners with you and the communities of Palm Beach Gardens to amicably resolve all these issues. Sincerely, Lawrence . Land ry Vice President and Chief Financial Officer cc: Palm Beach County Board of County Commissioners L.ennert E. Lindahl John L. Orr DAVID PLUMMER & ASSOCIATES, INC. CONSULTING ENGINEERS AND TRANSPORTATION PLANNERS December 9, 1992 Mr. George de Guardiola Executive Vice President Ecclestone Organimgtion 1555 Palm Beach Lakes Blvd. West Pahn Beach, FL 33401 Re: P Y'A National LSO Amendment - #:12830.01 Dear Mr. de Guardiola: I have researched both the Application for Development Approval (ADA) response to Question 31 - Transportation and the Treasure Coast Regional Planning Council's DRI Assessment Report and do not find any reference to Ryder Cup Boulevard and /or Jog Road. The Tables contained in these reports do not show Ryder Cup Boulevard (Jog Road) under either existing or future conditions. The Map J series (Transportation) shows Ryder Cup Boulevard as a project roadway. I have attached Map J -2 and J -3 -1 for your information. Map J -2 shows Estimated Growth from other Development and there are no volumes shown on Ryder Cup Boulevard Map J -3 -1 shows Phase III Traffic Volumes, by component, and there are no traffic volumes other than those generated by the project. KMP:scr 1292.1tr e, PALM BEACH, CORAL GABLES, FORT MYERS 901 NORTHPOMT PARKWAY, SUITE 108, WEST PALM BEACH, FLORIDA 33407 TELEPHONE 407 686 -1300, FAX 407 686 -8870 �� A DBELOMY OF RECICNAL YPACT AMSMT REPORT FOR THE 4 P e A RESORT COMMUNITY CITY of PALM BEA0i GARDENS P" BEACH COUM FLORIDA ALX3U5T, 1978 PREPARED BY TREASURE CAST REGICW PLA VING CMICIL 50 KINDRED ST., STUART, FLCRIDA (305) 285 -3313 31 -11 a d r CI Ili rLO-f tp- 1 d aQ► m r- v � ccri eC i � to .; Lp Lii e• 1 � rl r♦ U p- d) > > > L LL. Li. 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