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HomeMy WebLinkAboutDocumentation_Regular_Tab 7-C_9/22/1998 -'P 09/17/1998 07:40 4076941591 PAGE 06 emo• +► VILLAGE OF TEQUESTA ",•; Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (561) 575-6200 Fax:(561)575-6203 • • VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES AUGUST 27, 1998 I. CALL TO ORDER AND ROLL CALL The Tequesta Village .Council held a meeting at the Village • Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, August 27, 1998. The meeting was called to order at 7:13 - P.M. , following the Local Planning Agency meeting, by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, Vice Mayor Carl C. Hansen, Joseph N. Capretta, and Ron T. Mackail. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. Councilmember Alexander W. Cameron was absent from the meeting. • II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Carl C. Hansen gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL qp AGENDA • Vice Mayor Carl C. Hansen requested addition under ANY OTHER MATTERS of "Growing Tequesta!'. Councilmember Caprettl requeed addition under ANY OTHER MATTERS of an update Vy the y4llage Attorney on the legal Recycled paper 4 09/17/1998 07:40 4076941591 PAGE 07 VILLAGE COUNCIL METING MINUTES August 27, 1998 PAGE 2 status of the Jupiter water case. village Manager Thomas G. Bradford requested addition under NEW BUSINESS of item (E) - Ordinance - First Reading - Adopting 1996 E.A.R. Based Comprehensive Plan Amendment. Vice Mayor Hansen made a motion to approve the Agenda as amended. Councilmember Mackail seconded the motion. The vote on the motion mass Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for . Ron T. 1(ackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) Dr. Gerald Stashick, 143 Point Circle, reported difficulties in communicating with Al Oslund, Stormwater Utility Director, who had not responded to his repeated telephone messages regarding his request to delay installation of a swale in his driveway until neighboring properties installed swales, which might be as long as five years. Dr. Stashick expressed his concern that a single swale would result in standing water which could carry potential health risks by attracting river rats and mosquitoes when rain continued for multiple days and there were no swales on either side to carry the water away. Dr. Stashick explained that he was appealing to the Village Council to be able to delay installation of his swale because of health, aesthetic, and practical reasons. Dr. Stashick expressed his opinion that it was not practical to hold 600 gallons of water on his property, and explained that he supported the swale program, but that his contractor had installed his driveway without the swale; he was willing to pay to have the swale installed at a later date; and the 09/17/1998 07:40 4076941591 PAGE 08 VILLAGE COUNCIL MEETING MINUTES August 27, 1998 PAGE 3 conversion could be accomplished easily because of the pavers which he had used as driveway material. Village Manager Bradford commented that Dr. Stashick' s contractor should have installed the swale, and Director of Community Development Scott D. Ladd commented that the contractor had failed to meet a condition of the permit and should fix the driveway at no cost to Dr. Stashick. Dr. Stashick explained the contractor had informed him about the swale when approximately 80% of the construction was finished, and if he had known earlier a graduated slope that would have been more aesthetically pleasing could have been used. Village Manager Bradford commented if the Village Council granted a waiver in this case every other person would want the same waiver; stated Dr. Stashick would not have standing water except in extreme storm events; and that Al Oslund was the party who should grant any exceptions. Vice Mayor Hansen commented that the Village had been forced into doing the swale program because it was an environmental procedure good for the river and reported he had seen swales eliminate water standing on the roadways and water should not stand in the swale but should go into the adjacent grass. Dr. Stashick asked for information where he could appeal and what permitting agency was requiring the village to institute swales, to which Village Attorney Randolph responded that Al Oslund had information on agencies involved. village Attorney Randolph stated he would try to help obtain that information. Village Manager Bradford explained that permitting agencies could not grant a waiver and that the Stormwater Utility and its policies were in compliance with the NPDRS permitting program of the Federal Government. Councilman Mackail suggested a brochure with information presented in bulleted format be given out to residents to make people aware of the swale program. Councilmember Capretta suggested that Al Oslund should have met with Homeowners Associations in the area so that residents would understand this new program and impact would be minimized, and recommended that a letter be sent to all the Homeowners Associations. Councilmember Capretta questioned how this problem could be solved and commented that Dr. Stashick's request was to comply when the rest of his neighbors put in 09/17/1998 07:40 4076941591 0 PAGE 09 VILLAGE COUNCIL NESTING MINUTES August 27, 1998 PAGE 4 their swales. Village Manager Bradford explained he had rejected Dr. Stashick's request because a lot of people would want the same consideration and recordable documents would be required; and stated that according to the outcome of the ENCON matter that it might be as short a time as six months before the neighboring properties were required to install swales. V. PRESENTATIONS AND PROCLAMATIONS A) Proclamation Declaring September as Literacy Month in the Village of Tequesta. Mayor Schauer read aloud a Proclamation declaring September Literacy Month in the Village of Tequesta. Motion was made by Councilmember Mackail to accept the Proclamation Declaring September as Literacy Month in the Village of Tequesta. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. VI. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. 09/17/1998 07:40 4076941591 PAGE 10 VILLAGE COUNCIL METING MINUTES August 27, 1998 PAGE 5 Mayor Schauer read aloud the following Consent Agenda items: VII. APPROVAL OF MINUTES AND REPORTS *A) Village Council Workshop Meeting; July 7, 1998 *B) Village Council Workshop Meeting; July 14, 1998 *C) Village Council Meeting; July 23, 1998 *D) Special Village Council Meeting; August 11, 1998 *S) Village Managers Report: July 20, 1998 - August 21, 1998 IX. APPOINTMENTS *A) Consideration of Appointment of Kevin Kinnebrew as an Alternate Member to the Board of Adjustment With Said Term Expiring on May 14, 2000. (Staff Recommends Approval) *B) Consideration of Appointment of Vincent Sama as an Alternate Member to the Board of Adjustment . With Said Term Expiring on August 27, 2000. (Staff Recommends Approval) *C) Consideration of Reappointment of Carl Hansen to a Two-Year Term on the Employee's Pension Trust Fund Board of Trustees With Said Term Expiring on October 10, 2000. (Staff Recommends Approval) *D) Consideration of Reappointment of Allan Oslund to a Two-Year Term on the Employee's Pension Trust Fund Board of Trustees With Said Term Expiring on October 4, 2000. (Staff Recommends Approval) *E) Consideration of Reappointment of William Sharpless to a Two-Year Term on the Employee's Pension Trust Fund Board of Trustees With Said Term Expiring on October 28, 2000. (Staff Recommends Approval) Motion was mode by Vice Mayor Hansen to approve the 09/17/1998 07:40 4076941591 PAGE 11 VILLAGE COUNCIL MEETING MINUTES August 27, 1998 PAGE 6 Consent Agenda as presented. The motion was seconded by Councilmember Capretta. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. 8ackail - for The motion was therefore passed and adopted and the Consent Agenda was approved as presented. IX. DEVELOPMENT MATTERS A) Consideration of a Variance Request from K-Mart Corporation for a Four Hundred and Thirty (430) Square foot Wall Sign at 500 U.S. Highway One North in Lieu of Existing One Hundred and Thirty-Two (132) Square Foot Wall Sign Approved by Variance on November 13, 1997 in Lieu of Maximum Sixty (60) Square Feet as Allowed by Village Code. (A Quasi Judicial Hearing) 1) Swearing-In of Witnesses, if Required. Village Clerk Joann Manganiello conducted the swearing in of all those intending to speak during the hearing. 2) Disclosure of Ex-Parte Communications. A poll of the Village Council revealed no ex-parte communications. 3) Testimony of Witnesses and Cross Examination, if Any. Director of Comnwnity Development Scott D. Ladd explained that in November, 1997, K-Mart had requested an increase in their signage to 132 square feet. Mr. Ladd explained • 09/17/1998 07:40 4076941591 PAGE 12 VILLAGE COUNCIL MEETING MINUTES August 27, 1998 PAGE 7 that because the K-Mart Store was set back a long distance from U.S. Highway One and had a large facade, the Village Council had granted the variance. Mr. Ladd distributed a handout changing the present request to 236 square feet instead of the 430 square feet. Staff recommendation had been to deny the 430 square foot request, and even with the request reduced to 236 square feet staff felt the sign that was already up was sufficient. Mr. Ladd explained that a larger sign could not be seen from U.S. One because of the tree canopies. Mr. Ladd expressed his opinion that enlarging the sign would make the space above and below the sign unbalanced, which would not be aesthetically pleasing, and stated his recommendation for denial. Mr. Pressman, representative for K-Mart, explained that K-Mart appreciated the prior variance, and that the signage requested was considerably less than what could be applied to that facade if it contained tenant-by- tenant signage. Mr. Pressman stated he had made the decision to reduce the request from the originally requested 430 square feet since he believed that would have been too large. Mr. Pressman commented that Mr. Ladd had been very helpful in dealing with him long distance. Mr. Pressman pointed out that the village's sign code was blind to certain elements such as how far back from the roadway a business is located, and discriminated against much larger users; and was also blind to the frontage of a tenant' s facade. Mr. Pressman presented a bar graph showing K-Mart's frontage broken into typical tenant basis applying square footage as allowed by code, that frontage would be allowed 888 square feet. Mr. Pressman stated the 236 square feet proposed was substantially less than what the code could allow and does allow at that shopping center to other individual tenants. Mr. Pressman indicated it considered it a plus that the - 09/17/1998 07:40 4076941591 PAGE 13 VILLAGE COUNCIL MEETI i MINUTES August 27, 1998 PAGE 8 proposed signage would not heavily impact travelers on U.S. One. Mr. Pressman disagreed that symmetry would be affected by a larger sign, and stated the borders would remain the same except wider. Mr. Pressman stated the proposed signage would cover less than 2% of the total square footage of the building facade, and indicated the advantage of having a larger sign would be a reflection of changes occurring in the K-Mart chain. Mr. Pressman stressed the importance to K-Mart of having a larger sign, and stated that they considered it a top priority. Peggy Verhoeven, Point Drive, spoke in favor of granting the variance and commented that she was an advocate for local businesses and businesses needed something unusual and attractive to bring people in. Village Attorney Randolph reminded the Village Council of the criteria in the code that they must consider when considering whether to grant a variance and advised that they must abide by the six conditions, which he read. aloud, and base their decision on that criteria. Mr. Pressman stated he had considered the criteria and commented that there were special conditions and circumstances which were peculiar to the land in this case, which was one of the code criteria. Mr. Pressman pointed out this was one of the largest retail centers in the village and was located far away with blockages from view created by the Village in the form of landscaping. Those circumstances and conditions did not result from the applicant. Mr. Pressman stated that the applicant believed granting the variance would confer upon the applicant equalization to allow signage as visible as properties right next to the roadway who were given the same amount of square footage. Mr. Pressman presented a photo and explained that if the increase were granted, the signage would increase equally in height and width. 4) Finding of Fact Based Upon Competent, Substantial 09/17/1998 07:40 4076941591 PAGE 14 VILLAGE COUNCIL MSSTIlNG MINUTES August 27, 1998 PAGE 9 • Evidence: a) Notion to Approve/Deny Special Exception Use Request Notion was made by Vice Mayor Hansen to deny the Variance Request from 1-mart Corporation for a Two Hundred and • Thirty Six (236) Square Foot Wall Sign at 500 Highway One North in Lieu of Existing One Hundred and Thirty-Two (132) Square Foot Wall Sign Approved by Variance on November 13, 1997 in Lieu of Maximum Sixty (60) Square Feet as Allowed by Village Code for the reason that all of--the criteria set forth in the code was not .met. The motion was seconded by Councilmember Newhall. The vote on the motion was: Elizabeth A. Schauer - for .Carl C. Hansen - . for Joseph N. Capretta - against Ron T. Michela - for The motion was therefore passed and adopted. b) Notion to Approve/Deny Site Plan Review No motion: was necessary because the variance request bad been denied. X. NEW BUSINESS A) Resolution. No. 36-97/98 - Awarding a Bid for a Two (2) Year Contract (October 1, 1998 through September 30, 2000) for Area "A" Lawn and Landscape Maintenance to Rood Landscape Co., Inc., of Tequesta, Florida, in the Amount of $93,708,, Subject to Funds Being Appropriated for Each Successive Fiscal Year, Having a Total Proposed FY 1999 and FY 2000 Budget Allocation of $98,804. (Staff Recommends Approval) 09/17/1998 07:40 4076941591 PAGE 15 VILLAGE COUNCIL =STING MINUTES August 27, 1998 PAGE 10 Village Manager Bradford explained that Rood Landscape Co. had been doing all the Village landscape maintenance and recently won the bid award for landscape services on Water Department property; however, it was decided to re- bid landscaping work off of Water Department property in order to save money plus expand the area covered. The Village was divided into two sections, "A" and "B", using Old Dixie. Highway as the dividing line. Advantages to having two areas were that if one company was unable to perform work the other could move in without delay and also to stimulate competition in the bidding process. Bids were opened July 21, 1998. Staff recommended awarding the bid for area "A" to Rood Landscape Co. , and the bid for area "B" to Terracon Services, Inc. The contracts would cover two fiscal years. Vice Mayor Hansen questioned whether the bids were subject to adjustment,' to which Director of Public Works and Recreation Gary Preston responded affirmatively, and explained that the amount could change in the third year based on cost of living if both parties agreed. ) . Preston explained that the new annual amount was less than the Village was paying today plus the areas had been expanded. Village Attorney Randolph read Resolution No. 36-97/98 by title only. Councilmember Rackaii made a motion to approve Resolution No. 36-97/98 - Awarding a Bid for a Two (2) Year Contract (October 1, 1998 through September 30, 2000) far Area "A" Lawn and Landscape Maintenance to Rood Landscape Co., Inc., of Tequesta, Florida, in the Amount of $93,708, Subject to Funds Being Appropriated for Mach Successive Fiscal Year, Having a Total Proposed FY 1999 and FY 2000 Budget Allocation of $98,804. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elisabeth A. Schauer - for Carl C. Hansen - for • 09/17/1998 07:40 4076941591 PAGE 16 VILLAGB COUNCIL MITI= MINUTES August 27, 1998 PAGB 11 Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. B) Resolution No. 37-97/98 - Awarding a Bid for a Two (2) Year Contract (October 1, 1998 through September 30, 2000) for Area "B" Lawn and Landscape Maintenance to Terracon Services, Inc., of Jupiter, Florida, in the Amount of $85,800, Subject to Funds Being Appropriated for Bach Successive Fiscal Year, Having a Total Proposed FY 1999 and FY 2O00 Budget Allocation of $107,030. (Staff Recommends Approval) Mr. Preston explained the Village had not done business with this company but their reputation was excellent. Specifications for the work were once a week for eight months and then every other week during winter. The landscape companies also provided the Village with a contract every month showing when the work would be done. Village Attorney Randolph read Resolution No. 37-97/98 by title only. Councilmamber Mackail made a motion to approve Resolution No. 37-97/98 - Awarding a Bid for a Two (2) Year Contract (October 1, 1998 through September 30, 2000) for Area "B" Lawn and Landscape Maintenance to Terracon Services,'' inc., of Jupiter, Florida, in the Amount of 885, 800, Subject to Funds Being Appropriated for Bach Successive Fiscal Year, Having a Total Proposed FY 1999 and FY 2000 Budget Allocation of $107,030. Vice Mayor Mennen seconded the motion. The vote on the motion was: Elisabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for . 09/17/1998 07:40 4076941591 PAGE 17 VILLAGE COUNCIL MEETING MINUTES August 27, 1998 PAGE 12 The motion was therefore passed and adopted. C) Consideration of Acceptance of the Local Planning Agency's Recommendation to Transmit the E.A.R. Based Amendments to the Comprehensive Plan. Consultant Jack Horniman explained that the Village Council acting as the Local Planning Agency bad recommended this transmittal. Councilmember Mackail made a motion to accept the Local Planning Agency's recommendation to transmit the E.A.R. Based Amendment to the Comprehensive Plan. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mnckail - for The motion was therefore passed and adopted. D) Consideration of Approval by the Village Council to Transmit E.A.R. Based Amendments to the Department of Community Affairs, State of Florida. Consultant Jack Horniman explained this was a part of the process of making amendments to the Comprehensive Plan. Councilmember Capretta made a motion to approve Transmittal of E.A.R. Based Amendments to the Department of Community Affairs, State of Florida_ Councilmember Nackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for 09/17/1998 07:40 4076941591 PAGE 18 VILLAGE COUNCIL MEETING MINUTES August 27, 199E PAGE 13 The motion was therefore passed and adopted. E) Ordinance - First Reading - Adopting 1996 E.A.E. Based Comprehensive Plan Amendment. Village Manager Bradford explained that this Ordinance formally accomplished what had just been done informally. The Village Attorney explained that if a clean ORC report was received then Second Reading of this Ordinance would take place. Village Attorney Randolph read the above Ordinance on First Reading by title only. Vice Mayor Hansen made a motion to approve the above Ordinance on First Reading by Title Only. Councilmember Mackail seconded the motion. The vote on the motion was: Elisabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. XII. UNFINISHED BUSINESS A) Ordinance - Final Reading - Amending Chapter 11.5 of the Code of Ordinances Relating to Notor Vehicles and Traffic at Article II, Parking, Stopping or Standing, By Including Therein a New Section 11.5-22 Restricting Parking .of Vehicles, Boats, Trailers or Machinery on Tequesta Oaks Drive; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codifications Providing an Effective Date. (Staff Recommends Approval) Village Manager Bradford reported First Reading had been in July which came to the . Village Council via the 09/17/1998 08:28 4076941591 PAGE 01 VILLAGE COUNCIL NERVING MINUTES August 27, 1998 PAGE 14 residents and homeowners association of Tequesta Oaks asking that parking on Tequesta Oaks Drive be restricted between the hours of 1 a.m. and 6 a.m. No concerns were expressed at the last meeting. Director of Community Development Scott D. Ladd suggested an article be placed in the Village Newsletter to make Tequesta Oaks residents aware of the new restriction. Mayor Schauer requested that Mr. Ladd notify Mr. Sama of Tequesta Oaks. Police - Chief Allison indicated that signs would be posted. Village Attorney Randolph read the above Ordinance on Second and Final reading by title only. • Vice Mayor Hansen made a motion to approve on Second and Final reading by title only an Ordinance Amending Chapter 11.5 of the Code of Ordinances Relating to Motor Vehicles and Traffic at Article II, Parking, Stopping or Standing, By Including Therein a New Section 11.5-22 Restricting Parking of Vehicles, Boats, Trailers or Machinery on Tequesta Oaks Drive; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. Councilmember Mackail seconded the motion. The vote on the motion was: Elisabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. EIII. ANY OTHER MATTERS Vice Mayor Hansen spoke regarding Growing Tequesta. Vice Mayor Hansen reported the Village had three projects in progress to make the Village better: the stormwater project, the RO plant, and the discharge line; and had . 09/17/1998 07:58 4076941591 PAGE 01 VILLAGE COUNCIL MEETING MINUTES SS August 27, 1998 PA08 15 almost eliminated the eyesores in the downtown area. Recently completed projects were the recreation center and Constitution Park. With construction of a facility for the elderly, Tequesta had facilities for both the young and old. The YMCA planned to send information to residents regarding the recreation programs for the winter season. Looking back only a few years, Tequesta had grown and provided more for their residents. Vice Mayor Hansen concluded that he believed Tequesta was becoming a better and better community and that he was happy and proud to be on the Village Council. Mayor Schauer questioned whether the furniture donated by Donald Trump for the recreation center had been delivered, to which Mr. Preston responded it had not been delivered but was coming. Village Attorney Randolph reported Tequesta had won the water case against Jupiter on Circuit Court level and again on appeal, and Jupiter had filed a petition for re- hearing and Tequesta had filed a response indicating a re-hearing was inappropriate. A response from the Court was expected very soon. Attorney Randolph explained that after a petition for re-hearing the order would be final and at that time the appeal period would run, with a potential to file an appeal with the Supreme Court. Attorney Randolph expressed his opinion that there were not grounds to be able to take the appeal to the Supreme Court, who could refuse to hear the appeal. Rd Resnik, 342 Country Club Drive, commented that he found it very hard to understand why the requests for variance made earlier in this meeting by K-Mart for signage and by Dr. Stashick regarding the swale issue had been denied. Mr. Resnik explained that Dr. Stashick had been asking to delay installation of his swale, not to cancel it, and to have one property with a hole in front of it for possibly five years did not make sense to him as an individual. On the signage, Mr. Resnik commented . 09/17/1998 07:58 4076941591 PAGE 02 VILLAGE COUNCIL MEETING MINUTES August 27, 1998 PAGE 16 that 60 square feet for a store the size of K-Mart and also for .a store the size of the little video store in the same shopping center did not make sense to him. Mr. Resnik expressed his opinion that if square footage was to be assigned then it should be a percentage of the frontage. Mr. Resnik questioned whether the width of Country Club Drive on the County's plan had been reduced, to which Village Manager Bradford responded it had not been reduced but would be considered by the County as part of their Comprehensive Plan changes in the first round of 1999 amendments. This was the proposal to reduce the width to 501 . Mr. Bradford explained the village's Comprehensive Plan showed the width at 50, and the Village was trying to get the County's plan to match that. vice Mayor Hansen expressed his appreciation to Police Chief Allison for an outstanding police report. XIV. ADJOURNMENT Vice Mayor Hansen moved that the meeting be adjourned. councilmember Capretta seconded the motion. The. vote on the motion was: Elisabeth A. Schauer - for Carl C. Nausea - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the meeting was adjourned at 8:50 P.M. 09/17/1998 07:58 4076941591 PAGE 03 VILLA= COUNCIL MEETING MINUT= August 27, 1998 PAGE 17 Respectfully submitted, AEZZ-If �""v" J Betty Laur Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: