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HomeMy WebLinkAboutDocumentation_Regular_Tab 5A_2/9/1989 ye ,, IP- if VILLAGE OF TEQUESTA o. n' Post Office Box 3273 • 357 Tequesta Drive ? ,� ` � Tequesta, Florida 33469-0273 -;11. 0 9 • (407) 575-6200 �,.,;. = ., FAX: (407) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES JANUARY 26, 1989 I. The Tequesta Village Council held a regularly scheduled Village Council Meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida on Thursday, January 26, 1989. The meeting was called to order at 5:30 P.M. by Mayor Ron T. Mackail and a roll call was taken by the Acting-Village Clerk. Councilmembers present were William E. Burckart, Joseph N. Capretta, Earl L. Collings, Vice-Mayor Edward C. Howell and Mayor Ron T. Mackail. Village Officials in attendance were: Thomas G. Bradford, Village Manager; Wendy K. Harrison, Administrative Assistant to the Village Manager; Scott Hawkins, Esq. , Village Attorney; all Department Heads and Kimberly R. Bodinizzo, Finance Clerk/Secretary. II. Councilmember Joseph N. Capretta gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA A) Councilmember Collings requested the agenda be amended to include discussion relative to different aspects of the Village Water Department operations under NEW BUSINESS. B) Village Manager Bradford requested the agenda be amended to include under NEW BUSINESS the two following proposed Resolutions: 1 ) Resolution No. 3-88/89, authorizing right-of-way acquisition for Tequesta Drive 2) Resolution No. 4-88/89 which seeks approval of the settlement Agreements with Tequesta Drive property owners. Councilmember Howell moved, seconded by Councilmember Capretta, "to approve the agenda as amended. " The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Earl L. Collings - for Joseph N. Capretta - for Edward C. Howell - for the agenda was therefore approved as amended. Village Council Meeting Minutes January 26, 1989 Page 2- IV. PUBLIC HEARING Attorney Scott Hawkins read by title the second reading of Ordinance 381, "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS, BY ADDING AN ADDITIONAL SUPPLEMENT REGULATION APPLYING TO ALL DEVELOPMENTAL DISTRICTS; BY AMENDING SECTION XII, SIGN REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. " During review and discussion of the proposed Ordinance, there was concern expressed that the re-written proposed Ordinance contained possible discrepancies, such as the following: 1 ) The proposed Ordinance does not seem- to show any distinction between the setback requirements stated in Section 2 (2) as fifteen feet and in Section 2 (3) as 10 feet, although both are listed as C-2 properties and shopping centers. 2) The proposed Ordinance does not clearly specify in any Section the size of the sign allowed by a shopping center not utilizing the free-standing signage allowance in excess of sixty ( 60) feet but not to exceed one hundred ( 100) feet. Village Manager Bradford noted a typographical error on Page 2, Section 2 (3), Line 6 that should be corrected to read: "nor exceed twenty (20) feet in height from finished grade and provide a ten (10) foot minimum setback. . . . " At the conclusion of a lengthy discussion regarding the contents of the proposed Ordinance, Council postponed the second reading of Ordinance 381 and requested the Village Attorney to prepare the following changes to the Ordinance prior to the next Council Meeting: 1 ) Relative to setback requirements, wherein the text refers to Subsection I, it was requested that the actual setback be stated, this being ten (10) feet. Village Council Meeting Minutes January 26, 1989 Page 3- 2 ) Consideration be given to requiring shopping centers utilizing the one hundred ( 100) square foot option to have a fifteen ( 15) foot setback in lieu of the ten ( 10) foot setback requirement, or provide for setback consistency ( 10 feet) throughout the Ordinance. 3) Specify the requirements for free-standing signage identifying the shopping center itself. 4) To consider the provision of requirements governing or requirements that would provide corner lot owners the option to place the sign at the corner of lot, in accordance with certain requirements, or in the middle of the one-third fronting public right-of-way, but in no event would a land or property owner be entitled to more than one sign and the placement of sign on a corner lot must not interfere or obstruct other signage such as traffic signs, etc. 5) The Village Attorney was requested to put together a chart that would clearly identify the requirements of the property Sign Ordinance prior to next reading. V. APPROVAL OF MINUTES AND REPORTS Councilmember Collings moved, seconded by Councilmember Howell, "to approve the minutes of the Village Council Meeting dated January 12, 1989, the Village Manager's Report covering the period of January 9, 1989 through January 20, 1989, the Community Appearance Board Activity Report dated December 7, 1988 and the minutes of the Finance and Administration Committee Meeting held January 19, 1989. " The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for William E. Burckart - for Edward C. Howell - for Earl L. Collings - for the motion therefore passed and the Minutes and Reports were approved as submitted. Village Council Meeting Minutes January 26, 1989 Page 4- VI. COMMUNICATIONS FROM CITIZENS A) None VII. DEVELOPMENT MATTERS A) Mr. Steve Shutz, Representative for Perkins Restaurant, reviewed with Council the site plan review for the proposed Perkins Restaurant in Tequesta. Council questioned the color of the awning, which Mr. Shutz indicated would be "sun yellow" . Following a brief discussion regarding the concern of the spread and size of trees at the proposed Perkins Restaurant, Councilmember Burckart noted that he had previously filed "Conflict of Interest" on this issue. Councilmember Collings moved, seconded by Councilmember Capretta, "to approve consideration of the site plan review of Perkins Restaurant at County Line Plaza. " The vote on the motion was: Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and the site plan review of Perkins Restaurant was approved as presented. B) Mr. Gary Van Brock, Developer, reviewed the proposed preliminary and final plat plans for Cypress Ridge Subdivision. During the review, Council discussed various concerns with the subdivision, including the style of asphalt shingles to be used, the width of driveways, uniformity of fences, mailbox location and the landscaping of lots and of the signage at the front entrance into the subdivision. Mayor Mackail requested that Mr. Van Brock amend the Declaration of Covenants of Cypress Ridge Subdivision to include a Treescape Plan for the swale areas. Mr. Van Brock indicated that each homeowner would be required to install a Queen Palm in or near the swale area of their property and that he would add a Treescape Plan in the Covenant Agreement. Village Council Minutes Meeting January 26, 1989 Page 5- Following a lengthy review, it was the consensus of Council and the Village Manager that the Declaration of Covenants be amended to include the following items, prior to final plat approval of Cypress Ridge Subdivision: 1 ) Maintenance of the commons areas to be done to the satisfaction of the Village, allowing the Village recourse in the form of liens in the event that the requirements are not met. 2) Modification of the Declaration of Covenants cannot occur without concurrence of the Village. 3) Treescape Plan for the swale areas. 4) The asphalt type shingles proposed shall be comparable to cedar-shake or barrel-type shingles. 5) The Developer shall retain the five (5) undersized lots until a variance can be obtained for each from the Zoning Board of Adjustment. The Village Attorney agreed the Declaration of Covenants should be amended to include the above noted items. Councilmember Collings moved, seconded by Councilmember Capretta, "to approve the final plat review of the Cypress Ridge Subdivision, with the changes in the Covenants as noted, and with the recommendation to the Zoning Board of Adjustment that the five (5) substandard (undersized) lots be approved, with the Developer retaining ownership and possession of the lots until variances are granted. " The vote on the motion was as follows: Edward C. Howell - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and the final plat review of the Cypress Ridge Subdivision was approved including the above noted amendments to the Declaration of Covenants. Village . Manager Bradford requested that the following two items be included in the records: Village Council Meeting Minutes January 26, 1989 Page 6- 1 ) Gary Van Brock has donated a possible well-site at this location for the Village. 2) The Village requires reinforced concrete pipe on drainage lines, which was not noted in the drainage plan for Cypress Ridge Subdivision and shall be required in the drainage plans. VIII. NEW BUSINESS A) Thomas C. Hall, Water System Manager, requested Council approval for the purchase of one 1989 pick-up truck for the Water Department and one 1989 pick-up truck for the Public Works Department, as previously approved in the 1988/89 Budget. Councilmember Howell moved, seconded by Councilmember Collings, "to approve the purchase of two 1989 vehicles, one being for the Water Department and the other for the Public Works Department. " The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Earl L. Collings - for Edward C. Howell - for the motion therefore passed and the purchase was approved as requested. B) Police Chief Roderick briefly explained to Council the procedures and policies for replacing the fleet of police vehicles, as discussed in detail at the last meeting of the Public Safety Committee. The Chief requested Council approval for the purchase of a vehicle for use in the Detective Division of the Police Department. Councilmember Collings moved, seconded by Councilmember Burckart, "to approve the purchase of one 1989 vehicle for use in the Detective Division of the Police Department. " The vote on the motion was: Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for William E. Burckart - for Earl L. Collings - for Village Council Meeting Minutes January 26, 1989 Page 7- the motion therefore passed and the purchase of a new vehicle for the Detective Division was approved as requested. IX. ANY OTHER MATTERS A) Councilmember Collings reviewed the strategies agreed upon by the Finance and Administration Committee at their Meeting held January 19, 1989, relative to the long and short term goals and objectives of the Water Department and questioned the Water System Manager as to whether he had a recommendation available regarding charging more to high volume users (residential users of 30,000 gallons or more per day and commercial irrigation users of 30,000 gallons or more per day) . Mr. Richard Staudinger of Gee & Jenson indicated that he is preparing a survey of local municipalities for Tom Hall to use in making his recommendation to Council and it should be available by the next Council Meeting. During a discussion concerning the possibility of raising Tequesta water rates through a surcharge and equalizing the rates charged to customers of Tequesta and Martin County, Attorney Scott Hawkins informed Council. that Village Attorney Randolph is still in the process of studying the matter of legal surcharges and cannot give a legal opinion at this time. Mayor Mackail suggested tabling this issue at this time, pending the review by the Village Attorney and Gee & Jenson for recommendation to Council at the Council Meeting of February 9, 1989. B) Village Manager Bradford reviewed the progress of the Tequesta Drive Improvement Project and indicated that H. Adams Weaver, Esq. , of Jones, Foster, Johnston & Stubbs, is present to answer any legal questions regarding the Project. Mr. Bradford asked for Council approval of Resolution No. 3-88/89, which authorizes the acquisition of certain parcels of land for Village right-of-way, or every parcel of land that abuts the north and south sides of Tequesta Drive. The Resolution enables the Village to acquire the properties by either donation, purchase or eminent domain proceedings, if ultimately necessary. Village Council Meeting Minutes January 26, 1989 Page 8- • The Village Manager reviewed and asked Council for approval of Resolution No. 4-88/89, which approves the settlement agreements reached to date with four (4) property owners and stated that this Resolution is necessitated to keep on the time schedule of the Project. There was discussion wherein the Village Manager informed Council that as of this date he feels that the Project is currently close to previously budgeted costs for land acquisition. There was question as to whether the negotiation amounts of the properties should be publicly announced, and it was the opinion of H. Adams Weaver, Esq. , that it would be a wise business decision not to disclose negotiations amounts at this time as it may effect the outcome of the negotiations. Councilmember Howell stated that he feels that this information should be made public as the community should be made aware of who is community- minded. Councilmember Burckart agreed with Councilmember Howell, adding that those property owners, such as Barnett Bank, who offered their property under the appraised price should be recognized, however, the community should also be made aware of property owners desiring double the appraised price. At the conclusion of the discussion, the Village Attorney read by title Resolution No. 3 -88/89, "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, DECLARING ACQUISITION OF LAND FOR ROAD CONSTRUCTION AND IMPROVEMENT OF TEQUESTA DRIVE AS A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF NECESSARY EXPERTS; AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS. " Councilmember Collings moved, seconded by Councilmember Burckart, "to adopt Resolution No. 3-88/89 as presented. " The vote on the motion was: Joseph N. Capretta - for Ron T. Mackail - for, Edward C. Howell - for William E. Burckart - for Earl L. Collings - for the motion therefore passed and Resolution No. 3-88/89 was adopted. Council Meeting Minutes January 26, 1989 Page 9- NOTE: Resolution No. 3-88/89 is attached to and made a part of these minutes for informational purposes. The Village Attorney read by title Resolution No. 4-88/89, "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING CERTAIN SETTLEMENTS FOR ACQUISITION OF LAND FOR ROAD CONSTRUCTION AND IMPROVEMENT OF TEQUESTA DRIVE IN PALM BEACH COUNTY; AUTHORIZING THE VILLAGE COUNCIL, VILLAGE MANAGER AND VILLAGE ATTORNEY TO APPROVE AND RATIFY THESE SETTLEMENTS AND TO EXECUTE DOCUMENTS NECESSARY TO EFFECTUATE THE SETTLEMENTS; AUTHORIZING AND DIRECTING THE VILLAGE COUNCIL, VILLAGE MANAGER, VILLAGE ATTORNEY AND VILLAGE STAFF, AS IS APPROPRIATE, TO TAKE SUCH FURTHER ACTIONS AS ARE NECESSARY TO ACCOMPLISH THE TERMS OF THOSE SETTLEMENT AGREEMENTS AND TO ACQUIRE THE PROPERTIES FOR THE VILLAGE OF TEQUESTA. " Councilmember Burckart moved, seconded by Councilmember Collings, "to adopt Resolution No. 4-88/89 as presented. " The vote on the motion was: Joseph N. Capretta - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for William E. Burckart - for the motion therefore passed and Resolution No. 4-88/89 was adopted as presented. NOTE: Resolution No. 4-88/89 is attached to and made a part of these minutes for informational purposes. C) Councilmember Capretta expressed concern as to whether the Village has the legal authority to enforce Covenants with Developers before the property is turned over to the Homeowners Association. Following a brief discussion of the question, Councilmember Capretta requested Attorney Hawkins to research the subject and report back to Council regarding the same. There being no other subjects for discussion before Council, the meeting was adjourned at 7:35 P.M. � s Council Meeting Minutes January 26, 1989 Page 10- Respectfully submitted, W'XJ•6114- BY: Kimberly R. Bodinizzo Finance Clerk/Secretary FOR: Bill C. Kascavelis Finance Director/Village Clerk /krb DATE APPROVED: February 9, 1989 Attachments (2)