Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 5B_6/10/1993 • VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive • �, Tequesta,Florida 33469-0273 • (407)575-6200 t'T..�� � t Fax: (407)575-6203 co COU' V I L LAG E OF TEQUESTA VILLAGE COUNCIL MEETING M I NUT E S M A Y 2 7 , 1 9 9 3 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, May 27, 1993 . The meeting was called to order at 7: 00 P.M. by Vice Mayor William E. Burckart. A roll call was taken by Fran Bitters, the Recording Secretary. Councilmembers present were: Vice Mayor William E. Burckart, Earl L. Collings, Joseph N. Capretta, and Liz Schauer. Mayor Ron T. Mackail was on vacation. Village Officials present were: Village Manager Thomas G. Bradford, and Village Clerk, Joann Manganiello. Department Heads and Village Attorney John C. Randolph were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Liz Schauer gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA o Councilmember Capretta asked to add two items under ANY OTHER MATTERS: 1) Discussion regarding the Siegel trial and its implications; and 2) discussion regarding the Jupiter water surtax. Councilmember Collings moved to approve the Agenda as amended. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings - for William E. • Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted and the Agenda was approved as amended. Recycled Paper Village Council Meeting Minutes May 27, 1993 Page 2 IV. PUBLIC HEARINGS A) Ordinance No. 450 - Second Reading - Amending Ordinance No. 377 which Amended ordinance No. 355, as amended, the Comprehensive Zoning Ordinance of the Village at Section X, "supplemental Regulations"; Amending Section X (H) (2) to Provide Requirements for Landscaping in Residential Areas; Amending Section X (H) (14) ; Providing for Prohibited Landscaping. Attorney Randolph read Ordinance No. 450 by Title 2) Overview of Ordinance: amends Subsection (H) Landscaping at paragraph (2) (c) 2 . , residential areas, by adding certain minimum requirements for single-family and duplex lots within the R-1, R-1A and R-2 zoning districts, i.e. : o Requires the xeriscape landscape concept, with a minimum of 60% native landscaping; o Requires a minimum of 30% open space to be landscaped with sod or grass; o Requires automatic irrigation facilities and moisture control devices for landscaped and planted areas. A change made from First Reading was that the Ordinance now contains a caveat which states that if an applicant can prove they do not need an automatic irrigation system by virtue of the type of landscaping which they have, that the control device can be waived. Councilmember Collings moved to approve Ordinance No. 450 on Second Reading as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted and Ordinance No. 450 was approved as amended on Second Reading. B) Ordinance No. 451 - Second Reading - Amending Zoning Ordinance No. 355, as amended, by amending Section XVI, Uniform Waterway Control, by adding New Subsections (C) , (D) , (E) and (F) and by changing Existing Subsection (C) to be Identified as Subsection (G) . Village Council Meeting Minutes May 27, 1993 Page 3 Attorney Randolph read Ordinance No. 451 by Title 2) Overview of Ordinance: to include sections which were previously, inadvertently deleted. Councilmember Collings moved to approve Ordinance No. 451 on Second Reading as submitted. Councilmember Schauer seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted and Ordinance No. 451 was approved as submitted on Second Reading. C) Ordinance No. 452 - Second Reading - Amending Zoning Ordinance No. 355, as amended, by amending Section X, Supplemental Regulations, Subsection (A) , General Provisions, Paragraph (1) , Miscellaneous Structures, by amending Sub-Paragraph (c) , Walls and Fences, etc. Attorney Randolph read Ordinance No. 452 by Title 2) Overview of Ordinance: Disallows walls or fences forward of the building front (exterior wall of a building) , as opposed to the front building line (minimum required setback) as the Ordinance currently reads, on any lot or parcel. Councilmember Schauer moved to approve Ordinance No. 452 on Second Reading as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Joseph N. Capretta for Liz Schauer - for the motion was therefore passed and adopted and Ordinance No. 452 was approved as submitted on Second Reading. village Council Meeting Minutes May 27, 1993 Page 4 D) Ordinance No. 453 - Second Reading - Amending Zoning Ordinance No. 355, as amended, by Amending Section VII, Schedule and Application of Regulations, Subsection (d) , Schedule of District and Use Regulations, by amending Sections (1) (d) , (2) (d) , (3) (d) and (4) (d) by Adding Day Care Facilities, Foster Care Facilities and Group Homes as Special Exception Uses in the R-1A and R-1, Single- Family Dwelling Districts and by Adding Foster Care Facilities and Group Homes as Special Exception Uses in the R-2 and R-3, Multiple-Family Dwelling District. Attorney Randolph read Ordinance No. 453 by Title 2) Overview of Ordinance: This ordinance is amended by adding three new special exception uses (day care facilities, foster care facilities and group homes) previously discussed in Section IV, Definitions, but have not been included with the residential districts per the Comprehensive Plan Housing Element Policy. One change was made after First Reading to include R-3 Zoning District. Councilmember Schauer moved to approve Ordinance No. 453 on Second Reading as amended. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted and Ordinance No. 453 was approved as amended on Second Reading. E) Ordinance No. 454 - Second Reading - Amending Zoning Ordinance No. 355, as amended, by Amending Section VII, Schedule and Application of Regulations, Subsection (D) , Schedule of District and Use Regulations, by Amending Paragraph (6) (d) 11. and (7) (d)4. ; Amending Section X, Supplemental Regulations Applying to a Specific, to Several or to all Districts Subsection (F) , Full-Service Fuel Stations or Gas Stations, by Deleting Paragraph (2) (a) through (1) , inclusive; Subsection (M) Site Plan; Pre-Requisite to Building Permit Issuance by Deleting Paragraph (4) , Application -Process, Requirements (a) Village Council Meeting Minutes May 27, 1993 Page 5 through (f) and by Adding New Requirements (a) through (i) Amending Section XII, Sign Regulations, Subsection (J) , General Requirements, Paragraph (2) by Adding a New Requirement (f) ; Amending Section XIV, Non-Conforming Uses, Subsection (A) , by amending Paragraph (8) , Swimming Pool Enclosures. Attorney Randolph read Ordinance No. 454 by Title 2) Overview of Ordinance: Sections VII, X, XII and XIV. Over the past several years, as changes and amendments have been made to the Zoning Code, certain omissions, inconsistencies, duplications and conflicts within the Code have evolved and are addressed as follows: Sections VII and X: The Code contained two sets of regulations with regard to full service fuel or gas stations. Many of the requirements were in conflict, creating confusion. Requirements are hereby set forth by deleting the requirements for full service fuel stations or gas stations from Section X. Section X: Subsection (M) is amended in order to provide a more efficient and usable process, and by adding language regarding developers agreements. Section XII: Subsection (J) , paragraph (2) , amended to add signage regulations for churches located within residential districts. Section XII, Subsection (K) , paragraph (2) is amended to provide for shopping center identification free-standing signs. Section XIV, Subsection (A) , paragraph (8) is amended in order to further clarify that variances from the Board of Adjustment are not required for replacement screen enclosures under certain circumstances. 3) Village Council and Public Comments: One change was made to Section 1.1. on page 2 of the Ordinance, stating that automotive repair work and/or servicing must be performed within an enclosed building or structure. Brian Hartwigger and Helen Hartwigger, owners of Apex Texaco, were in attendance to receive clarification of the above- referenced Ordinance. Scott Ladd explained the Ordinance to them. village council Meeting Minutes May 27, 1993 Page 6 Discussion took place regarding the danger of outdoor displayed merchandise becoming possible projectiles during high winds. Brian Hartwigger explained that there would be a dramatic drop in sales if Apex Texaco was restricted from displaying merchandise outside, explaining further that such merchandise is always brought inside the building at close of business day. Councilmember Collings moved to approve Ordinance No. 454 on Second Reading as amended, deleting Section 1.m and Section 2.1. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted and Ordinance No. 454 was approved as amended on Second Reading. F) Ordinance No. 455 - Second Reading - Amending Ordinance No. 355, as Amended, the Comprehensive Zoning Ordinance of the Village at Section XII (M) so as to Allow Temporary Development Signs to be Placed Off-Site Subject to Certain Conditions and Subject to Approval by the Village Council. Attorney Randolph read Ordinance No. 455 by Title 2) Overview of Ordinance: Amendment providing for. "off- site" temporary subdivision signs under certain conditions and subject to Community Appearance Board, Building Official and Village Council approval. Councilmember Schauer moved to approve Ordinance No. 455 on Second Reading as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - abstain • Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted and Ordinance No.455 was approved as submitted on Second Reading. • Village Council Meeting Minutes May 27, 1993 Page 7 O) Ordinance No. 456 - Second Reading - Amending Ordinance No. 355, as Amended, the Comprehensive Zoning Ordinance of the Village of Tequesta, at Section IX-A Relating to Planned Commercial Developments so as to Provide a Permitted Density of Eighteen (18) Dwelling Units Per Acre. Attorney Randolph read Ordinance No. 456 by Title 2) Overview of Ordinance: Amendment allows for a residential density of eighteen (18) dwelling units per acre, in lieu of twelve (12) . 3) Village Council and Public Comments: Because the Village Council felt the platting of commercial ought to • be optional rather than mandated, they felt Ordinance No. 456 should be deferred to the next Village Council meeting for further modification and Second Reading. Attorney Randolph proposed the following change to avoid deferring the Ordinance: "If a residential land area is planned as part of the PCD, it may be platted with or without a requirement of platting any proposed commercial land area within the PCD." Councilmember Collings moved to approve Ordinance No. 456 on Second Reading as amended, with the following wording: "If a residential land area is planned as part of the PCD, it may be platted with or without a requirement of platting any proposed commercial land area within the PCD.". Councilmember Schauer seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Joseph N. Capretta - against Liz Schauer - for the motion was therefore passed and adopted and Ordinance No.456 was approved as amended on Second Reading. H) Ordinance No. 457 - Second Reading - Amending Ordinance No. 355, As Amended, the Official Zoning Ordinance of the Village so as to Amend the Zoning Classification of Certain Private Real Property Described Herein from R- 1 to R-2; Providing that all Ordinances or Parts of Ordinances in Conflict Herewith are hereby Repealed. Attorney Randolph read Ordinance No. 457 by Title village Council Meeting Minutes May 27, 1993 Page 8 2) Overview of Ordinance: Amends the Official Zoning map of the Village of Tequesta changing a certain parcel from R-1, single family, to R-2, multiple family, in order to comply with Section V(E) & (F) of the adopted Comprehensive Zoning Ordinance. The Ordinance changes the zoning district category on the Armour property at Tequesta Drive and Pine Tree Drive so that the Armour's can seek approval for a proposed ten (10) unit townhouse complex. Councilmember Collings moved to approve Ordinance No. 457 on Second Reading as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted and Ordinance No. 457 was approved as submitted on Second Reading. I) Ordinance No. 458 - Second Reading - Amending Ordinance No. 355, as Amended, the Comprehensive Zoning Ordinance of the Village at Section XII thereof Relating to Sign Regulations so as to Permit One Open House Directional Sign During Daylight Hours. on Sunday Only for Properties within the R-1A, R-1, R-2 and R-3 Zoning Districts of the Village. Attorney Randolph read Ordinance No. 458 by Title 2) Overview of Ordinance: This amendment allows for the placement of realty open-house signs within the Village, allowing one sign per dwelling unit listed for sale, installed on the same block as the listed house, on Sundays only, and during daylight hours only. Open house signs shall be exempt from any Village permitting requirements and cannot exceed two (2) square feet in area. Village Council Meeting Minutes May 27, 1993 Page 9 Councilmember Schauer moved to approve Ordinance No. 458 on Second Reading as submitted. Councilmember Collings seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted and Ordinance No. 458 was approved as submitted on Second Reading. V. CONSENT AGENDA All Items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. VI. APPROVAL OF MINUTES *A) Board of Adjustment, April 19, 1993; *B) Tree Board, April 30, 1993; *C) Village Council Meeting, May 13, 1993; *D) Village Manager's .Report, May 10-May 21, 1993; Councilmember Collings moved to approve the Consent Agenda as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted and the Consent Agenda was approved as submitted. Village Council Meeting Minutes May ,27, 1993 Page 10 VII. COMMITTEE REPORTS A) Public Safety Committee: 1) Meeting of May 12, 1993; Village Manager Bradford reported that this meeting reviewed the details for _ the purchase of fire apparatus: 1) 1250 GPM Pumper; 2)Aerial Ladder Truck, both of which were approved at the last Village Council Meeting. The other item discussed at the meeting was Committee direction on paint color for fire trucks, with the recommendation for Village Council input on color. At the last Village Council meeting, the color chosen for the fire trucks was white with a blue stripe. An overview of the Jupiter Inlet Colony fire rescue contract was, discussed at this meeting, as well as salary changes, and review of the pert chart, and discussion regarding Station 11. Councilmember Capretta felt the selected paint color for the fire trucks was wrong and moved that the color be changed to two-tone lime yellow and white with a reflective white stripe. Councilmember Collings seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - against the motion was therefore passed and adopted and the fire truck color was changed to two-tone lime yellow and white with a reflective white stripe. Councilmember Collings moved to approve the Public Safety Committee Meeting Minutes of May 12, 1993 as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings - , for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted. VIII. NEW BUSINESS A) Resolution No. 9-92/93 - Amending the Organization of the Historical Commission of Tequesta Village by Creating an Executive Committee. (Staff Recommends Approval) . village Council Meeting Minutes May 27, 1993 Page 11 Village Manager Bradford explained that the Resolution is a result of Councilmember Shauer's concern regarding poor attendance at the Historical Committee meetings, oftentimes not having a full quorum. Councilmember Capretta suggested an Executive Committee be formed by the Chair of the Committee, who could meet as often as they saw fit, and would constitute an official meeting of the Historical Committee. The Village, Council was concerned that the Chair person of the Historical Committee had not yet been apprised of Resolution No. 9-92/93 and suggested that Councilmember Schauer speak to the Chair person of the Committee and report back at the next Village Council meeting. • *B) Consideration of Bid Award to the following persons/firms Submitting Sealed Bids for Village Surplus Rolling Stock: 1) 1991 Ford Ranger 4-Wheel Drive Pick-Up Truck, VIN # 1FTCR15X8MPA13056 to Ajax Auto Sales for $6,551. Approved under the Consent Agenda. 2) 1989 Ford Crown Victoria Police Car VIN #2FABP72G2KX176212 to Winners Motor Corporation for $1,926. Approved under the Consent Agenda. 3) 1988 Ford Ranger Pick-Up Truck DIN #1FTBR10C8JUA72914 to Severin Swensen for $2,890. Approved under the Consent Agenda. C) Consideration of Bid Award for the Garage Renovation Project Having an FY 93/94 Budget Allocation in the Amount of $39,450. (Staff Recommends Approval) . Four contractors bid on the above-referenced job. A bid tabulation sheet showing contractors and bid amounts was presented to Village Council. Van Kuren Construction was low bidder, at $36,820. A listing of projects which have been undertaken by Van Kuren contractors was also submitted to the Village Council. Councilmember Schauer suggested a penalty clause in the contract. Bob Van Kuren was in attendance, and stated there exists a penalty clause of $100/day in the contract if the project is not finished as scheduled. village Council Meeting Minutes May 27, 1993 Page 12 Councilmember Collings moved to approve the bid award for the garage renovation project to Van_ Ruren Construction in the amount of $36,820. Councilmember Schauer seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and, adopted. D) Consideration of Bid Award to Ten-8 Fire Equipment of Bradenton, Florida, in the Amount of $21,212 for Firefighter Individual Protective Clothing (Bunker Gear) , Having a FY 92/93 Budget Allocation in the Amount of $21,725. (Staff Recommends Approval) . Village Manager Bradford explained that low bidder for this project was Ten-8 Fire Equipment of Bradenton, Florida, with a bid price of $848.48 per bunker outfit. Twenty-five sets of bunker gear are needed. A bid tabulation sheet was submitted to the. Village Council. Councilmember Capretta moved to approve the bid award for the bunker gear to Ten-8 Equipment of Bradenton, Florida, in the amount of $21,212. Councilmember Collings seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted. IX. COMMUNICATIONS FROM CITIZENS Wade Griest reviewed for the Village Council the on-going case of 498 South Dover Road, property located next to his home, which has been in violation of Village Codes for over two years, with yet no resolution to the problems which exist there. Mr. Griest enumerated citations, fines and Police reports against the property in violation and asked of the Council to explain why the problem has gone on for so, long. Village Council Meeting Minutes May 27, 1993 Page 13 Councilmember Capretta stated that the Village has proceeded step by step, trying, without success, to get the owners of the property in violation to bring their property into compliance. In a recent court case, the Judge ruled there was no evidence showing that a public nuisance existed. Attorney Randolph reported that the Judge felt that the area in violation involved such a small area, it did not rise to the public nuisance level. The attorney stated further that a foreclosure case is still pending, concerning the property in question, and that the case did indeed show that the subject property is in violation of Tequesta's Codes. William Treacy of the Code Enforcement Board stated there would not be much use in Tequesta having Codes if fines and liens which are installed for violations are never collected. Vice Mayor Burckart and Councilmember Collings felt a written report on the Code Enforcement Board, number of fines given and collected for Code violations, etc. , in the Village be presented at the next Village Council meeting. Councilmember Capretta felt the same should be done for the whole Public Safety system in Tequesta in order to determine whether any hold-up is in the system or in the enforcement of the Codes. X. ANY OTHER MATTERS A) Councilmember Capretta asked if Jupiter, which recently won its case regarding imposing a water surtax to Martin County and unincorporated Palm Beach County, can now impose a water surtax on Tequesta, and if Tequesta would have the legal right to impose a water surtax on Martin County residents which are on the Tequesta water system. Attorney Randolph stated that the judgement awarded to Jupiter was not binding on Tequesta, since Tequesta was not named in the suit. It was his position that if Jupiter tried to impose a surcharge against Tequesta, it would not be legal, under Florida Statute Chapter 180.191, regarding imposing a surcharge on an adjacent municipality. Attorney Randolph stated that since the Court's finding was that Jupiter could impose a surcharge, it did set a precedent. Councilmember suggested that the Tequesta Water Department do a study showing how much revenue would be generated by imposing a 25% surcharge on Martin County. village Council Meeting Minutes May 27, 1993 Page 14 XI. ADJOURNMENT Councilmember Collings moved that the meeting be adjourned. Councilmember Schauer seconded the motion. The vote on the motion was: Liz Schauer - for Joseph N. Capretta - for William E. Burckart - for Earl L. Collings - for the motion was therefore passed and adopted and the meeting . was adjourned at 8:42 P.M. Respectfully submitted, IM4 Fran Bitters Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: