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HomeMy WebLinkAboutMinutes_Regular_08/28/1973MINUTES OF THE MEETING OF THE COUNCILMEN OF THE VILLAGE OF TEQUESTA, FLORIDA The second. regular Council meeting for the month of August was held at 7:30 P,M., Tuesday, August 28, 1973, at the Village Hall. Councilmen present were Messrs: Russell, Little, Frank, Leone and Del Ninno. Also present were Christopher H, Cook, Village Attorney, Charles R. Jonas, Village Clerk, Police Chief Henry Dusenbery, Alvin W. Butterfield, Building Official and Gary Preston, Recreation Director. The Village Manager, Robert Harp, had advised. he would be unable to attend because he was on vacation. The meeting was opened with Prayer and the Pledge of Allegiance to the Flag by Councilman Leone, Upon motion by Leone, seconded by Del Ninno and unanimously passed, the minutes of the August 14, 1973 regular meeting were approved with three changes to be noted on pages 80, 81 and 84 as follows: Page 80 - last paragraph - "the Council would try to arrange for the people to return to the Zoning Board of Adjustment at no cost to them". Page 81 - 3rd paragraph from bottom, last line - "make more water available". Page 84 - last paragraph - "Mr. John Harlow, a member of the Board of the Loxahatchee River Envirorm-ental Control District said he had received.a letter from the Village Manager stating the Council was concerned......" Upon motion by Leone, seconded by Frank and unanimously passed. the minutes of the Public Hearing held August 17, 1973 were approved, Mayor Fussell reviewed the financial statement for the ten (10) month period ending July 30, 1973. Upon motion by Frank, seconded by Del Ninno and unanimously passed the financial statement of July 1973 was approved, which shows the following balances: First National Bank £a Trust Co. $ 26,070.39 Petty Cash 25.00 Community Federal Savings ~ Loan 20,000.00 Fidelity Federal Savings ~ Loan 17,428.61 Certificates of Deposit 227,000,00 Federal Revenue Sharing Savings Account 20,185.18 $ 310,709.18 ~' 86 8-28-?3 - 2 • The Water Department statement was not completed at time of meeting. The Sinking Fund balance for payment of principle and interest on bonds for the Village Hall and land was $40,536.77. Mr. Karl Kandell asked the Council to authorize the Tequesta Water Committee to negotiate with him. and his engineers in development and installation of a water system to service the Little Club and hopefully, big enough to supply water to part of Martin County and the Village of Tequesta in case of emergency. Upon motion by Frank, seconded by Del Ninno and unanimously passed, the Council authorized the Village Water Committee to meet with Mr. Kandell and his engineers to work out any technical problems. Mr. Kandell then showed two pictures of the 76 acre plot of land that he has requested for rezoning. He also stated there were two parcels of land he would like to annex to the Village. He advised that he now owned all the land and his new plans called for new roads, golf courses, holding ponds for water and less density. He stated his lot coverage would not exceed over 13,4 percent with an average of 7.09 units per acre. Eleven acres will be covered by a golf course and clubhouse. There will be 66 single family dwellings, 45 condominiums housing approximately 500 units with an average of 1100 square feet per unit. He then asked that the property between single family dwellings and the railroad track be zoned for commercial use, Mr. Tatem asked the distance between the first condominium and Tequesta Garden Apartments and. was told that it would be 125 feet, all of which would be the golf course. Mr. Kandell was asked if he had obtained a right-of-way crossing the railroad tracks, and he answered no. The Mayor stated there would be a Public Hearing held. at 7:30 P.M., September 24, 1973 to consider Mr. Kandell~s rezoning proposal. Captain Coleman was concerned that the Village Council would consider Mr, Kandell~s proposal for rezoning due to the water moratorium, Mayor Russell informed Captain Coleman-that the water moratorium had nothing to do with rezoning because building permits would not be issued and building would not start for at least two years. riayor Russell then called on Arthur F. Meeks of Brockway, Owen and Anderson Engineers, Inc,, who drew up the plans-for widening Tequesta Drive making it a four lane road from U.S. No. 1 to Old Dixie Highway. riayor Russell said the Council was anxious to get this started as soon as possible as the money has been budgeted for the last two years. Mr, Meeks stated he had two drawings of Tequesta Drive, one showing curbs and the other showing a center divider and the cost for either would be approximately $119,000, He suggested that the divider was best for traffic control and safety, but neither plan had any drainage. The water would drain 87 8-28-73 - 3 in the swales running west from U.S. No. 1 to Old Dixie Highway with nothing to keep the water off the road or running across the entrances to the shopping centers. He stated that it would be a good idea to wait until the County had improved the inter- section of Old Dixie and Tequesta Drive, and the traffic study in the complete area. He also stated it would be impossible to tie in to the drainage line now in existance running under the railroad, as it is at full capacity now. At the present time the Department of Transportation has not allowed in their construction any drainage on U.S. No. 1. Mr. Little said he had spoken with several shopkeepers on both sides of Tequesta Drive and they do want a new road but they do not want to lose any entrances. Mr. Leone said it would be impossible for the swales to carry off all the water and did not see why the County drainage could not take care of it. Mr, Frank asked about dry wells and pipes running beneath the entrances to the shopping centers which would eliminate driving through water. Mr, Meeks stated .his company did not recommend dry wells or pipes running beneath driveways due to the fact that a dry well is only good for approximately 22 years and pipes had to be buried in ground 4 to 5 feet, and rubbish-could collect and would have to be cleaned out frequently. Mr. Del Ninno said he thought the dry. wells would be a temporary solution until such time as the County can install drainage. Mr. Frank stated he thought until something can be done about the drainage problem of this road segment and traffic control, entrances to the shopping center would be more hazardous than at the present time. piayor Russell suggested Mr. Harp, Mr, Leone and Mr. Dei Ninno meet with Mr. Meeks to see about the drainage before the next Council meeting. Mayor Russell spoke of the Public Hearing of August 17, where three changes in the Zoning Ordinance were discussed. The first was lot coverage. The Zoning Review Comanittee, Mr. Corddry, Chairman, recommended lot coverage be increased from 35~ to 37~ with eaves excluded.. Mr. Corddry mentioned that Mr. Frank made a statement at the last meeting that he dial not see how Mayor Russell or himself could recommend less lot coverage than they themselves have. Mr, Corddry stated they were trying to improve the zoning ordinance to beautify the Village and at the time his home was built he was within the regulations. Mr. Frank said that all the variances requested have been turned down by the Zoning Board of Adjustment and he feels the Board should be~allowed some leeway in making their own decisions, using good judgement and common sense, and the word "hardship" be removed completely. 88 8-28-?3 - 4 • Captain Coleman of the Tequesta Country Club Community stated they could live with the setbacks but thought 37~ lot coverage was discriminatory and they will have to construct smaller homes devaluating existing homes. Counci]man Frank could not see why lot coverage was necessary because the old ordinance did not have percentages, only setbacks, and the Village is certainly beautiful now. Mr. Leone stated that he resides in the Country Club Community, has a three bedroom home, plus pool and does not cover 37/ of his lot, plus all his neighbors are the same and feel they are not devaluating the community. Upon motion by Leone, seconded by Frank and unanimously passed the Village Attorney is to prepare a proper ordinance to change lot coverage to 37~ excluding the eaves, Mayor Russell then brought up the next two items, rephrasing of parking and definitions of passenger cars. The first item, trucks over 1 ton rated capacity are prohibited from being ,parked anywhere on a lot. Trucks, 1 ton and under rated capacity, boats, campers, trailers and recreation vehicles could be parked in side or rear yard if screened from all viewpoin'cs as stated in the County Code as well as in Ordinance 211. • Motion was made by Leone, seconded by Little and unanimously passed that the Village Attorney prepare an ordinance to amend the zoning ordinance to provide that no truck over 1 ton rated capacity be parked on the front yard or anywhere on a lot overnight. Mr. Harlow stated it would be impossible to screen his pick-up truck and he would have a hardship due to the fact that he had to remove same from the front yard. He also asked why a station wagon even though licensed by the State as a passenger car would be allowed to park in the front yard filled with paint buckets, ladders, etc., making an unsightly view much more than his nice clean pick-up. A motion was made by Leone, seconded by Little and unanimously passed that no conveyance other than passenger vehicles shall be parked in the front year, all others may be parked one 24 hour period within 30 days. Mayor Russell then stated that all out of State vehicles with proper license can be parked in the front yard. At this time he requested the Village Clerk to check ambulances and emergency vehicles to see that license plates with the letter "X" are registered by the State as passenger cars. 89 8-28-73 - 5 . Nfayor Russell asked Mr. Cook to prepare an ordinance to revise the paragraphs on parking and definition of passenger cars and return to the next meeting for action. Mr. Cook stated that pools open or screened should be included in lot coverage. A motion was made by Leone, seconded by Little and unanimously passed that all pools open or screened be included in lot coverage. Mr. Robert Sylvester asked to be heard later in the evening to rezone the property at Waterway Beach Condominiums from R-2 to R-2A. Upon motion by Leone, seconded by Little and unanimously passed the Village Manager was asked to write a letter stating the Villages views on routing I-95 west of the Turnpike. The distance from Tequesta to a westerly I-95 would not relieve any traffic problems now existing and the Village feels a route east of the Sunshine Parkway would be more beneficial. Councilman Frank said he wondered if the Council did the right thing in eliminating the drilling of wells in and around Tequesta and stated that the people are now using Village water • for sprinkling. Mr. Leone answered saying the U.S.G.S. was pleased about the. water moratori~n, the eliminating of wells and open ponds and hoped we did it in time. He said the people that are using water for sprinkling are not helping the situation, but the U.S.G.S, hopes to have all surveys finished and report as to what can be done in 90 days. Mr, Frank stated surveys were needed but the Water Committee was formed last May and 90 days will be in December and he would like to know when something will be done to help the residents of Tequesta, Councilman Leone said the reason the Village is in the position it finds itself in today is because no one took the time to-look into the future. He said the U,S,G.S, survey will show the location, depth and number of wells to be drilled, and said the U.S.G.S, has warned Mr. Kandell of the bad situation he is in, because of drilling wells between two large bodies of salt water. Mr. Shay inquired as to what will happen if the U,S.G.S, survey comes out negative, Mr. Little stated. he hopes we are not too late and asked. about reservoirs and holding ponds to collect some of the water ENCON dumps each day. Mr. Leone said the County Board of Health says there is too much bacteria remaining and the percolation factor in Florida does not remove enough bacteria for safe consumption. The only 90 8-28-?3 - 6 way to replenish the acquifer is by rainfall. Mr, Roberts said he and his son had been watching the same pipe still running that he had reported to the Council several weeks ago, He measured the water erupting from the pipe and as close as he could figure approximately 63,000 gallons of water was wasted per month, He wondered why the Village would allow such waste and refused him the building of a home in Tequesta. He mentioned the fact that if he were a younger man he would have plenty of time to wait, but being retired he has none. Mr. Leone stated he wished there was some way to control the usage of water. Half the people of Tequesta understand the situation and the other half donut seem to care, and stated " we as Councilmen can't do anything about i.t, I am very sorry, I wish I could help". A motion was made by Frank, seconded by Leone and unanimously passed that the Village Charter Amendment Referendum; on residents voting directly for Mayor be held October 16, 1973. Mayor Russell stated that Councilman Frank and Vice- - Mayor Little were out of town for the first budget workshop and 7:30 P.M., September 10, the second budget workshop will take place. Mr. Butterfield said the drawings for the bicycle path on Beach Road are being prepared by Lindahl £~ OsBrien to be sent to the Department of Transportation for approval. Mayor Russell then read a letter from the Village Attorney, Mr. Cook, on the subject of golf carts used on Village of Tequesta streets. According to Mr. Cooks opinion every golf cart used on the streets must be licensed by the State of Florida. The Mayor asked the Village Clerk to see that Police Chief Dusenbery, the President of the Tequesta Country Club and the Turtle Creek Club receive a copy of the letter. Mr. Robert Sylvester asked the Council to set a public hearing to consider rezoning the property at the Waterway Beach Condominiwns from R-2 to R-2A. He stated he had no hardship but it would be to the advantage of the Village to grant the rezoning. The building would be smaller, less lot coverage, less units and less density. Mr. Cook stated the Council could change the zoning without being considered spot zoning but would have to have a public hearing to do so. Mayor Russell set the public hearing for 7:30 P.M., September 27, 1973. A motion was made by Frank, seconded by Del Ninno to include giving the Zoning Board of Adjustment more leeway to act 91 8-28-73 - 7 on variances. The vote on the motion was 2-3 with Russell, Leone and Little voting against. Mr. Frank suggested it would be a good idea to have all department heads present at each Council meeting. Mayor Russell said they would confer with Mr. Harp. A motion by Del Ninno and seconded by Little, unanimously passed and the meeting was adjourned at 12:12 A.M. Respectfully ,~bmitt~d, Charles R Villaae~ CORRECTIONS; As per September 11, 1973 Council Meeting Page 87 - paragraph 2 - Mr. Karl Kandell asked the Village Council to authorize the Village Water Con~i.ttee to negotiate with him and his engineers to work out any technical and monetary problems in removing the Little flub development from the Villages water, system. Mr. Kandell would like to service this area with the water • supply system he rdc~t~ly constructed for Riverbend. Page 88 - paragraph 1 - Mayor Russell did not say it would be a good idea to wait, but said the Village should proceed with the improvements now aad continue to review with the County the improvements they propose to make at the intersection. Page 88 - paragraph 2 - Vice~tayor Little advised h~ had not spoken with the shopkeepers but had stated that they had previously beesr;. contacted in regard to yhe proposed Tequesta drive improvement. Page 88 - paragraph 4 - The last sentence of the paragraph should include the PaLn Beach County Engineer as well as the Village Manager, Councilman Leone, Councilman Del Ninno and Engineer Arthur Meeks at the meeting. Page 89 - paragraph 6 - the word "Year" following "front" should read °YardF~ . 92 Bob'=RS Items - 8-28-73 1, Letter from Mr, Wilson of the Ft. Lauderdale office of the Florida Department of Transportation. 2. Letter from Mr. L al, Chairman, Board of County Commissioners (County Line Road 3, Mrs. Jackie Winchester, Supervisor of Elections called to inform us that a Special School Board Bond Referendum is scheduled for October 16, 1973, The School Board would expect the Village of Tequesta to pay half of the cost. The total cost stated by Mrs. Winchester for the Villages portion of the cost for all printing etc. would be approximately $100. Mrs. Winchester must be notified as soon as possible so our referendum can be printed for the voting machines. (20 days before)