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HomeMy WebLinkAboutDocumentation_Regular_Tab 5D_11/21/1991 / / /et r ftt, .. VILLAGE OF TEQUESTA 01. Post Office Box 3273 • 357.Tequesta Drive • t Tequesta, Honda 33469-0273 • (407) 575-6200 ti% 0 FAX: (407) 575-6203 ch e VILLAGE OP TEQUESTA VILLAGE COUNCIL MEETING MINUTES OCTOBER 1 7 , 1 9 9 1 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, October 17, 1991. The meeting was called to order at 7: 00 P.M. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary, Fran .Bitters. Councilmembers present were: Mayor Joseph N. Capretta, Vice- Mayor Ron T. Mackail, Edward C. Howell, and William E. Burckart. Earl L. Collings was not out of town. Village Officials present were: Village Manager Thomas G. Bradford, Joann Manganiello, Village Clerk and Assistant to Village Manager, and Bill Kascavelis, Finance Director. Department Heads and John C. Randolph, Village Attorney, were also in attendance. II. INVOCATION AND PLEDGE. OF ALLEGIANCE Vice Mayor Ron T. Mackail gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Burckart announced he would be abstaining from voting on Item VI (B) and (C) because of a Conflict of Interest. Attorney Randolph asked to give an update under ANY OTHER MATTERS regarding Shay Place. Councilmember Howell asked to bring up under ANY OTHER MATTERS the matter of the Christmas Parade. Recycled Paper Village Council Meeting Minutes October 17, 1991 Page 2 Village Manager Bradford asked: 1) to seek direction from Council under ANY OTHER MATTERS, regarding the Cypress Drive Drainage Project, and the Northern Palm Beach County Water Control District; 2) also under ANY OTHER MATTERS, that Tom Hall, Water System Manager, give a brief update on the water system service; and 3) that an update on the proposed Tequesta Branch Library be given. Vice Mayor Mackail moved to approve the Agenda as amended. Councilmember Howell seconded the motion. The vote on the motion was: Edward C. Howell - for William E. Burckart - for Ron T. Mackail - for Joseph N. Capretta - for the motion was therefore passed and adopted and the Agenda was approved as amended. IV. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. V. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board - August 14, 1991 *B) Board of Adjustment - August 19, 1991 *C) Village Council Meeting - September 19, 1991 *D) Village Manager's Report - September 16 - October 11, 1991 Village Council Meeting Minutes October 17, 1991 Page 3 Councilmember Burckart moved to approve the Consent Agenda as submitted. Councilmember Howell seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for the motion was therefore passed and adopted and the Consent Agenda was approved as submitted. Mayor Capretta asked the Village Manager Bradford regarding Item VII (B) to do a tonnage study regarding the Tequesta Drive Bridge after its repair. VI. DEVELOPMENT MATTERS A) Special Exception Public Hearing, Site Plan Review for St. Jude's Church, 204 U.S. Highway #1, Tequesta. Rev. Thomas Vengayil, Administrator. William Shannon, representative for St. Jude's Church, James Howell, architect, and Ruth Perry, affiliated with the Landscape Architects, and Wayne Blythe, consultants to the Landscape Architects, were in attendance in representation of this subject matter. Mayor Capretta reminded Mr. Shannon that the Site Plan of proposed St. Jude's Church was in an area which is presently under Zoning In Progress, and that the Plan violates many of the items covered by the Master Plan. Mayor Capretta stated Council should be considering three alternatives: 1) Find the Site Plan in compliance; 2) Allow special exceptions; or 3) ask the Church to make changes to their Site Plan.. Mr. Shannon expressed to the Council that the standards for the Master Plan were suggested standards only, and not mandatory for implementation or construction, but that other guidelines would be acceptable, and further explained that the Site Plan meets all present Village requirements. Mr. Shannon proceeded to give an overview of the project with displayed color renderings and projected overhead displays of the Site Plan. Mr. Shannon gave a detailed description of the demolition of the present St. Jude's Church and the construction of a new Church at the same site. Village Council Meeting Minutes October 17, 1991 Page Councilmembers and the Village Manager asked several questions regarding: the type of glass used and whether it was reflective; the five-acre tract of land owned by St. Jude's Church; drainage; flow of traffic; the removal of trees; parking lot landscaping; gutters and drainspouts; retention pond; berms; ingress and egress; height of the cross; and schedule for construction. Regarding the proposed driveway serving the property from Village Boulevard to the north, Mr. Shannon stated that upon construction of the proposed Main Street of the Master Plan, the church would have no problem in granting the driveway property to the Village for the necessary roadway, as it would be a benefit to the church and the Village. As to drainage, Mr. Shannon stated that St. Jude's would tie their site drainage into the drainage for Main Street during Main Street construction. As an explanation, and not ,an impediment, Attorney Randolph pointed out the fact that Zoning In Progress has been declared for the area in which this construction will take place and further that the purpose of Zoning In Progress is to provide that nothing shall be done in the Master Plan area which is in contravention of the zoning as it emerges. That does not mean that waivers cannot be given, if Council deems it appropriate. Waivers, in this case, will be needed, if there are portions of this Site Plan which are not in compliance with what is considered to be the emerging zoning. If Council takes the position that this Plan meets all Village Ordinances to date and therefore should be passed on that basis, then a precedent takes place and there would be no need for the Village to maintain Zoning In Progress. It was Attorney Randolph's suggestion that Council consider, in addition to approving the Special Exception and Site Plan Review, waiving Zoning In Progress for any of those items which may be in contravention of the Village's emerging zoning. Councilmember Burckart moved to waive Zoning In Progress for the ten items which were pointed out by the Building Official to be in contravention to the Master Plan. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Village Council Meeting Minutes October 17, 1991 Page 5 Councilmember Burckart moved to approve the Special Exceptions as submitted. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Councilmember Burckart moved to approve the Site Plan as submitted. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Councilmember Burckart moved to approve the Land Development Permit as submitted. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. B) Special Exception Public Hearing, Site Plan Review for the Construction of Free-Standing Oil Company Station with Car Wash, 764 U.S. Highway One, North, Tequesta. Alan Ciklin, Agent for the Estate of Edmund J. McCormick/Tequesta Bay Partnership. Alan Ciklin, spoke as representative. Also in attendance was Mark Faulk, of Gee & Jenson. Mr. Ciklin gave the Council background regarding the proposal before them. L_ Village Council Meeting Minutes October 17, 1991 Page 6 Mr. Ciklin explained that this proposal meets all Village Code requirements, except for one minor one. The Community Appearance Board (CAB) recommended that landscaping be improved and that has been done. He further explained that this would be a 24-hour station. Vice Mayor Mackail commented on a letter written by the CAB Chairman opposing the grey barrel tile roof proposed by Exxon Corporation when, in fact, the CAB approved a terra cotta barrel tile roof and coordinated signage. It was Mr. Mackail ' s suggestion that this application be re-evaluated by the CAB for a resolution of this conflict. Mayor Capretta stated that it was definitely his concern that the station be coordinated and asked Mr. Ciklin if Exxon would be willing to change their red signage. Mr. Ciklin answered "No" . Paul Coben, Vice Chairman of the Community Appearance Board, stated that the CAB did not expect to see what the color rendering was displaying, since the CAB approval was opposite of what was presented. Scott Ladd explained that the Landscape Plan being presented to Council was also all new and was never presented to the CAB. Village Manager Bradford pointed out that the facade colors were also new and not yet seen by the CAB. He stated he felt the grey barrel tile was cold in appearance, and preferred the terra cotta, since it was warmer and would blend better, with County Line Plaza, to be displayed with the facade colors presently shown. He felt the terra cotta would not be too objectionable with the red signage. Vice Mayor Mackail approved the Special Exception for the construction of the free-standing gas station. Councilmember Howell seconded the motion. The vote on the motion was:. Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Village Counoil Meeting Minutes October 17, 1991 Page 7 Vice Mayor Mackail moved to approve the Site Plan Review for the Exxon station contingent upon applicant returning to the Community Appearance Board for review of the color scheme. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Fred Northrop, resident at Broadview Condominiums, objected to the Exxon gas station being placed at County Line Road and U.S. Highway One. He felt Tequesta did not need it. C) Consideration of Landscape Waiver for County Line Plaza. Duane Stiller, Vice President, Woolbright Corporation and Cindy Masterson, Terranova Corporation. Duane Stiller, Gene Brooks, Landscaper and Cindy Masterson were in attendance. Mr. Stiller gave a history of the County Line Plaza area and its ongoing problems with landscaping. The request is for a waiver for the extensive landscaping required for the back of K-Mart to be placed elsewhere in the Plaza where it would be more appreciated. There was extensive discussion regarding the suit filed by the Village to the Bonding Company for the Bond monies to cover the defaulted landscape agreement with the previous owner. Attorney Randolph explained that unfortunately the Bonding Company does not agree that the conditions of the Bond required them to pay out the $75,000 as stated in the Agreement. Mayor Capretta was concerned whether an approval of the present application from Woolbright Corporation would jeopardize the lawsuit regarding the Bond money. Attorney Randolph answered that potentially it could jeopardize the lawsuit, but pointed out that these are two separate issues, since the landscaping Bond refers to the landscaping as it was promised to be put in under Pantlin Associates. Mr. Randolph suggested that the motion state that approval of the present application would not preclude the Village from going forward village Council Meeting Minutes October 17, 1991 Page 8 on the Bond lawsuit, and if the Village is successful in the lawsuit, the monies should go toward assisting with the new landscaping. It was Mr. Bradford's suggestion that whatever monies are recouped from the Bond lawsuit be used for plantings in the Waiver area. Vice Mayor Mackail moved to approve the application for Waiver as submitted, contingent upon the fact that if the Bond becomes liquid, the monies will be retained to add the landscaping for the Waivered area as well as Village Boulevard. After much discussion between the Council and the Village Manager and Village Attorney, the motion was re-stated as follows: Vice Mayor Mackail moved that the Landscape Waiver be approved, conditioned upon applicant agreeing to accept and maintain any additional landscaping deemed by Village Council, which concurs with the landscape plan, should Tequesta be successful in calling the Bond. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - abstained Edward Howell - for the motion was therefore passed and adopted. VII. NEW BUSINESS *A) Consideration of Bid Award to Tuttle's Design Build, Inc. , of Lake Worth, Florida for the U.S. Highway One Medians Landscape Improvements Project. (Staff Recommends Approval) . *B) Consideration of Bid Award to Sieg & Sons, Inc. , of Deland, Florida, for the Structural Repairs to Bridge #930227 Project. (Staff Recommends Approval) . Village Council Meeting Minutes October 16, 1991 Page 9 VIII. COMMUNICATIONS FROM CITIZENS Wade Griest stated that since Council will be asked to make an important decision soon regarding the situation with Mr. Griest's neighbor, he would like soon to have an opportunity to meet with Council to discuss all that has happened to date. Village Manager Bradford encouraged Mr. Griest to attend the Finance & Administration Committee Meeting of Monday, October 21, 1991. Dorothy Campbell once again encouraged the Village to go forward on resolving the Connector Road issue; to announce all meetings which are scheduled; and to look into the repair of signs on Tequesta Drive which are in disrepair. Cheryl Onorato gave an update on the Jupiter High School roofing situation, and encouraged everyone to help promote the idea of an accountability law which would track the spending of funds which have been allotted for school repairs, etc. IS. ANY OTHER MATTERS A) Attorney Randolph gave an update regarding Shay Place, stating that releases from some of the mortgagees have still not been received, and when those are received, -Shay Place will be resolved quickly and the improvements will take place. B) Councilmember Howell asked if there were any problems with the Christmas Parade using Old Dixie. Mr. Bradford stated that the High School Homecoming Parade was approved this week. C) Village Manager Bradford stated that, regarding the Cypress Drive Drainage Project, it was his suggestion that it would be best to allow the Northern Palm Beach County Water Control District to annex the involved lands which would give them the opportunity to do the improvements as needed, and that Council's approval was needed. Village Council Meeting Minutes October 16, 1991 Page 10 Vice Mayor Mackail moved to approve the annexation process to allow Northern Palm Beach County Water Control District to do the Cypress Drive Drainage Project and to authorize Village Manager Bradford to write a letter concerning such. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. D) Mr. Bradford gave an update on the Tequesta Branch Library by reporting that on October 1, Palm Beach County selected the Civil Engineer for this Branch and the schedule is as follows: 1/01/92 Completion of Construction Drawings 4/01/92 Permits Pulled 5/06/92 Bid Opening 7/01/92 Bid Award By County Commissioners 7/30/92 Construction Commencing 3/27/93 Construction Estimated To End 7/11/93 Occupancy Goal Village Council Meeting Minutes October 16, 1991 Page 11 XIV. ADJOURNMENT Vice Mayor Mackail moved to adjourn the meeting. Councilmember Burckart seconded the motion. The vote on the motion was: Edward C. Howell - for William Burckart - for Ron T. Mackail - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 9:55 P.M. Respectfully submitted, . -----;4t61,4_ 0q..0 Fran Bitters Recording Secretary ATTEST / Bill .-'-Kascavelis Finance irecthr/\Village Clerk DATE 'PPROVED: \