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:
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;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.
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PALM BEACH, CORAL GABLES, FORT MYERS
901 NORTHPOMT PARKWAY, SUITE 108, WEST PALM BEACH, FLORIDA 33407
TELEPHONE 407 686 -1300, FAX 407 686 -8870 ��
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DBELOMY OF RECICNAL YPACT
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CITY of PALM BEA0i GARDENS
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PREPARED BY
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