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HomeMy WebLinkAboutMinutes Council 022988CITY COUNCIL SPECIAL REGULAR MEETING CITY OF PALM BEACH GARDENS FEBRUARY 29, 1988 8:00 P.M. The Special Regular Meeting of the City Council of Palm Beach Gardens, Florida was called to order by Mayor Feeney at 8:00 P.M. in the Assembly Room at the Municipal Complex, 10500 North Milit_ary Trail, Palm Leach Gardens, Florida, and opened with the Pledge of Al:e,iance to the Flag. ROLL C4LL: The Secretary called the roll and present were: Mayor Feeney, 'Vice Mayor Martino, Councilman Aldred and Councilwoman Monroe. INTERLOCAL AGREE- MIN ; ,WITH PALM Mayor Feeney welcomed County Representatives: Carol Roberts, Chairman of Palm Beach County Corrrnission; Jan Winters, Administrator; Gary Brandenburg, County Attorney; Chief Herman Brice, Head of County Fire Services; John Lehner, Assistant County Attorney. Mayor Feeney stated the Council had been provided with a copy of the Inter1ccal Agreement, modified as a result of a meeting Friday morning with Attorney Brandenburg, and another revision was given to the Council just prior to this Special Meeting. Mayor Feeney requested Attorney Brandenburg advise of any significant changes in the revised Agreement. Attorney Brandenburg stated the revised Agreement incor- porated clarification of some issues. The City Council reviewed and discussed the following with represen- tatives of the County: Fire - Rescue Section 4. Provisions for Fare- Rescue Services Attorney Branderburg pointed out that although Chief Brice Feels strongly that the County should provide fire service to the entire annexation area, the draft agreement has been revised to indicate tie CITY COUNCIL SPECIAL REGULAR MEETING, 2/29/88 Page 2 County vii l continue 1_1' ;•rn,,14,4e Fire se,-vice to only that ar ::: of the annexation located south of Northlake Blvd., for a 2 -year period following annexation. Mayor Feeney stated it is his understcnding the 2 -year agrerryant would continue tnru September 30, 1990, at which time the City could elect to provide this service, incluoirg ALS, to Steeplecnase and the area south V Northlake Blvd. Attorney Brandenburg stated the total contract amount is 95% of the Fire Distr ct m llage. Payment will be made each time a disbursement is received from the Tax Collector, based on the ratio of the overall Ci , budget to the ratio of the contract amount, prorated. Mayor Feeney advised figures are rot ajallable at this time since the County mileage rate for the ne<t fiscal year has net been deter- mined. C0L1nC1lm,.n Aldred stated that with the deletion of Ordinance 3, the City's entire annexation circumstances have charged and, In his opi- nion, sufficient tax revenue will not be generated to make the ori- ginal agreement workable. Councilman Aldred suggested either, developing a mutual aid pact or deterriining a dollar amount, based on the tax generated in the south annexation for the year 1488, adjusted by the CPI, for the next 2 yeat s. Chief Herman Brice stated the withdrawal of Ordinance 3 has had an impact on the County's ability to continue to serve County residents. Mr. Jan winters stated the County's primary concern is with phasing out County services rather than terminating services abruptly. CITY COUNCIL SPECIAL REGULAR ;dEETiNG, 2129188 0 Page 3 The City Manager po!ocg :r, ott if the referendum is successfl,l annexation,infermation must be provided to the Property Appraiser's office by May 20 in order to be included on this year's tax roll. Litigation imposed on the City could possibly preclude meeting the May 20th deadline, resulting 1;, a d °lay cf up to 2 years oe`are Fecciving tax revenue. Attorne;, Brandenburg stated if the annexation is successful, it will go on the tax rolls and will remain there, and the City will be able to collect those taxes unless a judge rules otherwise. Attorney Brandenburg further stated a Final Judgement is not required to put it on the tax rolls, and that the Ordinance is presumed valid once it is adopted. Attorney Brant stated he is in agreement. Vice Mayor Martino expressed concern with Paragraph 8. of Section 4. and asked Chief Brice for clarification re: the prouosed annexation area being governed by the Palm Beach County Fire CD�le Ordinance. Chief Brice advised that single - family and duplexes would be covered by City codes. For commercial construction, the City's Building Official will have the final decision in issuing building permits; the County will conduct inspections during Construction. A discussion ensued re: Paragraph D. - definition of "sole authority "; level of service; location of fire stations and types of equipment. Vice Mayor Martino requested information as to the enhanced 911 system and where calls would be directed. Mr. Winters stated central com- munications for the enhanced 911 system lists, by li,ia item, all service providers. Emergency calls within the annexation area would be directed to City police department and County fire department. CITY COUNCIL SPECIAL REGULAR MEETING, 2/29/88 Page 4 SECTION 5. Creation of Enclaves, Pockets and Finger Areas Attorney Brandenurg stated inclusion of this provision would allow the City and County to continue negotiations under Chapter 163 to designate pocket << ?d ?nclave arp,,s as JG'nt Flanning Ared ;. AC' orney Brandenburg stated the County and City could agree that all Ctt; rules anu regulations would apply to pocket /enclave areas, thus elimi- nating the problem of residents opposing annexation into the City to avoid City codes, as City codes would already be applicable. Such an agreement would have the potential for resolving other lawsuits ini- tiated by the County against the City. Mayor Feeney requested "available resources" on line 8 be deleted. Chairman Carol Roberts agreed. In response to questions by Councilwoman Monroe, Attorney Brandenburg advised in order to create Joint Planning Areas, the City and County must enter into another Interlocal Agreement, designating a Join Planning Area, setting forth applicable rules and regulations. Vice Mavor Martino stated the City Council would welcome residents of area; such as Mary Circle into the City, however, the residents do not wish to petition the City for annexation unless offered incentives, such as the City agreeing to expend $141,000 to provide water and sewer, which the City is not prepared to do. Vice Mayor Martino asked the County to exhibit leadership in assisting the City in resol ing this problem, stating the City has made every effort to find a means of assessing these areas over a period of time and feels the County CITY COUNCIL SPECIAL REGULAR MEETING, 2129138 Page 5 shouli' - ^ ;-ogr +a.= the Ciro,, and discontinue the litigdLion in that area. Chairman Roberts stated she feels there is still time to necotiate and possibly drop the lawsuit. Mr. Lloyd Eckelstone, resident of Palm Beach County, requested infor- mation as to the reasons for the County filing a lawsuit. Attorney Brandenburg responded there were several legal problems with the annexations, mainly that they create enclaves and pockets, thereby violating State statutes. Councilman Aldred requested "in a sequential manner" be deleted on line 2 of Section 5 and replaced with "in a manner to avoid the per- manent creation of any enclaves ". Attorney Brandenburg agreed. RIGHT -OF -WAY Section 3. Right -of -Way for Future Roadway Development FUTURE ROADWAY DEVELOPMENT Attorney Brandenburg stated he believes the listed right- of -wav figures are correct, however they will be rechecked. Councilman Martino asked if the specific figures could be deleted and replaced with "corridor ", and requested the intracoastal bridges be included. Councilwoman Monroe expressed concern re: Paragraph B., line 5. Should the "alternate thoroughfares" be detrimental to the quality of life in Palm Beach Gardens, what protection would the City have. Councilwoman Monroe stated it is her understanding that 8- laning the PGA Blvd. bridge has been considered as an alternative and she would be totally opposed. The City Manager suggested Paragraph B. be rewritten to read "Should the County modify its Throughfare Plan in such a manner as to delete CITY COUNCIL SPECIAL RFr:InR MEETING, 2/29188 Page 0 Frederick Small Road and Hood Road or other thoroughfares nern,sary for maintenance of the traffic standard discussed in Section 1, B, then the County shall provide alternate thoroughfares or construct roadway improvements to maintain the traffic level of service." The City Manager further suggested following this with tie language or page 3, Section D, inserting "C;ty" where it states "County ". The City Manager expi ,ed this would give the City the same option as the County. It was the consensus of the City Council to accept the manager's suggestions. Attorney Brandenburg agreed to this languac_, Mr. John Gary, resident of Northern Palm Beach County, addressed the Council. stating traffic engineers throughout the County agree if Frederick Small Road and Hood Road are eliminated, PGA Blvd. bridge would become level of service D and urged the Council to reject the Agreement. Mr. Gary stated in spite of County staff recommendaticns against eliminating the two bridges, the County Commission voted to recommend proceeding with considering this action. Mr. Tom Vogen, resident of Steeplechase, asked why Haverhill Road is still on the thoroughfare Plan. Commissioner Roberts stated the Commission agreed not to remove anything from the Thoroughfare Plan, at the Planning Council's request. Councilman Aldred stated he has not been provided with in ormation to justify the existence of items v, w, I, 2, 3, 4, or 5 in Section 3, Paragraph A. Chairman Roberts stated these items were agreed to at the Sheraton meeting. CITY COUNCIL SPECIAL REGULAR MEETING, 2129/88 Page 7 is It,- w.; separal-4 !nters'ctions, was discussed. rice Mayor Martino stated he is opposed to a separated grade intersection at PGA & Military Tail and feels the inclusion of items 1 thru 5 would lead residents to believe separated grade intersections are being con- sidered. Mr. Winters advised the ,number of trips and level of service would be the determining factors as to whether the graded intersec- tions would be necessary. Mr. Winters stated development information would be plugged into the County traffic model and if it were deter- mined a grade separation was needed, Palm Beach Gardens would begin i acquiring rights -of -way. Councilman Aldred stated if it were deter- mined y ade separation was needed, the Council would begin attempting to reduce densities to avoid the problem. Mr. Winters stated if the City could not function without a grade separated interchange, the County would become involved. Councilman Aldred agreed that language would be acceptable. TRAF"TC TMPPCI Section 2. Traffic Impact Fees FEES Councilwoman Monroe questioned Paragraph C., stating the County should reciprocate in informing the City of the amount of funds available from the collection of impact fees, on an annual basis. Attorney Brandenburg agreed to amend the language In Paragraph G. to include the amount collected by the County. Councilman Aldred stated, in his opinion, the interlocal Agreement does not reflect the agreement reached at the Sheraton meeting, and stated Page 5, Paragraph A. Line 7 should read: "Ail such fees shall be deposited in a joint account, requiring the approval of Palm Beach Gardens and the County to withdraw same." Councilman Aldred further CITY COUNCIL SPECIAL REGULAR MEETING, 2129188 Page 8 0 stated the wording "Such funds shalt be utilized only for the purpose of improving roadways contained on the County's Thoroughfare Plan which are impacted by growth in the annexation area" was not agreed to and advised there may be times when impact fees collected could per- tain to roadway sy,tems which are not on the County's Traffic and Thoroughfare Plan. Chairman Roberts stated she would have no objection to a joint account. Councilman Aldred suggested the following be added to Paragraph A: "The County agrees to deposit all impact fees collected on projects within 1 mile of the Gardens io the previously mention:d joint account." dft Chairman Roberts objected to this addition, stating the i mile radius was not agreed to at the Sheraton meeting. Councilman Aldred stated It was his understanding that all funds generated from within the annexation area, as well as the ultimate growth area would go into the account. Mr. Winters stated he does not have a problem, in principal, with the City and County jointly agreeing to define the ultimate growth boun- daries of the City, sharing monies collected and the City having input into road improvement locations, as those areas will eventually be I part of the City. Vice Mayor Martino reported over 2 million dollars have been collected I in the north area, but under $200,000 have been spent. Vice Mayor Martino encouraged the County to excellerate the program, stating the roads are needed now and Palm Beach Gardens is not getting its fair CITY COUNCIL SPECIAL REGULAR MEETING, 2/29188 Page 9 share. Vice Mayor Martina expressed the concern that with the influx of growth, delays will cause major problems. Mr. Winters advised of a huge backlog in the south, which should not occur in the north now that 50 to 60 million dollars a year is being expended for road improvements. Mr. Winters explained that the zones are too small and it takes an extended period of time to accumulate an adequate amount of money to fund a given roadway, The County is currently attempting to create much larger zones. the City Manager stated if fees are not collected outside the City, he does not see the benefit of a joint account. The City Manager further stated the problem is not how to collect the fees, but how to collect monies from the County once the County hay collected the fees. Councilman Aldred expressed concern re: M4raph B., stating the City could possibly be subjected to lawsuits f impact fees were challenged. Attorney Brandenburg suggested the City not into the County's Impact Fee Ordinance, which has born sustained all the way to the Supreme Court. Under that Ordinance, the fees generated would be under joint control, in a joint account, and could only be expended with Palm Beach Gardens' approval. Chairman Roberts stated she would have no oojection to including the ultimate City boundaries, once those boundaries are defined. The City Manager expressed concern re: the City having no control over County and State road re- classification and asked how impact fees would be used if the County has them only for their own Toroughfare Plan and roadway uses. The City Manager suggested Paragraph A. state: "funds shall be used for arterial collector road syst ^_ms within the City, whether they be County or City streets." CIi`. COUNCIL SPECIAL REGULAR MEETING, 2/29186 Page 10 Is ca k'aro^ Martino cxpr:: rc„ cnncern re: Paragraph B., stating the Council would be binding future Councils. Attorney Brant agreed. Mr. Winters responded to City Council concerns re: County Commission's ability to raise the amount of impact fees. Mr, hinters stated the Commission cannot raise impact fees by more than 20% and suggested insert;ng the language "a study would he necessary to document any increase in fees by the County." Chairman Roberts agreed to include this language in the Agreement. Mr. Carl Sabatello addresseed the Commission, pointing out there is no languagz as to how the City is going to force the County to build roads. Mayor Feeney suggested, and Mr. Winters agreed, the Thoroughfare Plan be segmented, with monies collected and roads within the impacted area identified and charted to show the transition from study to design to completion. City and County engineers would jointly prioritize building of roads. TRAFFIC PERFOR- Section 1. Traffic Performance Standards MANCE STANDARDS Mayor Feeney stated Section 1 has 6 minimal stipulations developed by the County as being those items they would fi ^d as the minimal criteria. It was the concensus of the Council the Traffic Performance Standardt, as it now stands, is not in approval form, as the first and last pages reference Palm Beach Gardens, however, the interior is filled with references to Palm Beach County. Councilwoman Monroe suggested, and the Council concurred, begin ^'ng work immediately on a Traffic Performance Standard appropriate for Palm CITY COUNCIL SPECIAL REGULAR MEETING, 2/29/88 E Page 7i Beap, Carden,, wl::, o ti ^,a drsigrated for completion. Council.cman Monroe stated until the document is completed, petitioners with current zoning could continue to file applications for development and continue through the approval process, however, anyone wishing to increase the inteosit, or deisity if a project, would o required to wait for the completion of the Traffic Performance Standards. The City Manager stated the City would agree not to develop anything in the annexation areas until a Traffic performan Standard is in place and Section 1 would state that as a matter of policy. Commissioner Roberts stated the County will be forced to file a lawsuit if the Council fails to adopt the County's Traffic Performance Standards at this meeting. The City Manager referenced a letter received from the County on January 7, 1988, which offered the City "Alternative F' - adopting the Traffic Performance Standards for the proposed 5500 -acre annexation area only. The City Manager stated the City Council had agreed to accept alternative B. Vice Mayor Martino stated it was suggested at the Sheraton meeting to postpone the north annexation election for a 6 month period, and in essence that has happened, giving the City and County an opportunity to jointly develop a Traffic Performance Standard everyone can agree on. Mayor Feeney stated, and the Council concurred, the City needs more time to gather information, receive input from traffic engineers, and requested assistance from the County in developing the Traffic Performance Standards. CITY COUNCIL SPECIAL REGULAR MEETING, 2129/88 Page 12 0 Councilman Aldred stated, and the Council agreed, the City's goal is to attempt to meet the S criteria set forth in Section 1. Chairman Roberts stated she will relay this information co her CcTT0s5i0:i and will set tf the Commission will delete Paragraph A and consider droping the lawsuit. Level of service ana Traffic Performance Standards impact upon existsing development within the County was discussed. Mr. Winters stated 98% of applications submitted have been approved in the County since the Traffic Performance Standards was adopted. Mr. Kevin Regan, Steeplechase resident, addressed the Commission Amh stating he feels it is inappropriate to use the annexation request we from the residents of Steeplechase to force the imposition of the Traffic Performance Standards. Councilman Aldred requested a new, edited version of the Interlocal Agreement, as he feels the current agreeiT,ent is inflex—OLIe. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:45 P.M. APPROVAL MAYOR FEENEYi4 -------CUUNCILMAN ALDRED VICE MAYOR MARTINO i COUNCILWOMAN MONROE NCO 11 -MAN KISEL ='SCI ,TffN LONG -C1r GtFR7. SES CREfARY