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HomeMy WebLinkAboutDocumentation_Regular_Tab 8C_7/25/1996 • VILLAGE OF TEQUESTA SPECIAL VILLAGE COUNCIL MEETING MINUTES JUNE 27, 1996 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a special meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, June 27, 1996. The meeting was called to order at 5:31 P.M. by Mayor Ron T. Mackail . A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor Elizabeth A. Schauer, Joseph N. Capretta, Carl C. Hansen, and Michael R. Meder. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. APPROVAL OF AGENDA The following additions to the agenda were requested: Councilmember. Meder requested the following additions under ANY OTHER MATTERS: Comments regarding the Concurrency Management Annual Report and the Municipal League Education proposal . Councilmember Hansen made a motion to approve the Agenda as amended. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for • • Special Village Council Meeting Minutes June 27, 1996 Page 2' Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted and the Agenda was approved as amended. III . COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) • • There were no communications from citizens. IV. PUBLIC HEARING • A) Ordinance - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Ordinance No. 355 of the Village, the Comprehensive Zoning Ordinance, as Amended, at Section VII (D)., Schedule of District and Use Regulations, Sub-Section (6) C-2, Community Commercial District, Paragraph d, Special Exceptions, By Amending. No. 13, Motor Vehicle Dealers at Conditions a. , b.. , f. , g. (3) , h. , and I. , and Adding a New Special Exception Use, No. 17, Restaurants, Fast-Food; Amending Sub-Section (9) , MU Mixed-Use District, Paragraph (I) Special Exception Uses, by Adding a New Special Exception Use No. 15, Restaurants, Fast- Food; Providing for Severability; Providing for Repeal of All Ordinances or Parts of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. 1) Ordinance Read by Title Village Attorney Randolph read the above referenced Ordinance on Second Reading by title only. 2) Overview of Ordinance Building Official Scott D. Ladd provided an overview of the Ordinance and explained that this amendment would add two new Special Exception uses: pre-owned Special Village Council Meeting Minutes June 27, 1996 Page 3 • vehicle sales as a stand-alone use in C-2 and MU Districts along U.S. Highway One, and fast food restaurants in both districts along U.S. Highway One. Mr. Ladd commented that William Burckart was the applicant who had brought these requests forward, and that staff supported the Ordinance since it had been modified. Village Manager Bradford questioned Section 1, Item 13(F) of the Ordinance as to whether it would legalize parking vehicles for display outdoors by the existing brokerage at Tequesta Shoppes . During ensuing discussion, Mr. Ladd responded that the Ordinance would give the brokerage credibility as a seller of pre-owned vehicles, however, since the Ordinance specified other criteria which that brokerage could not meet, that business was still subject to the conditions imposed for , that particular site. Village Attorney Randolph verified that it appeared the change applied only to dealers on sites of between two to eight acres, and the existing brokerage did not fit that criteria and could not take advantage of the language in Item F because it did not meet the other criteria. 3) Village Council and Public Comments. Councilmember Hansen questioned whether a problem would be created by a lot of traffic generated from fast food restaurants coming out into a 45 M. P.H. speed limit on U.S. Highway One. Mr. Ladd responded that the speed limit was the same as that in Jupiter and North Palm Beach where fast food restaurants already existed along U. S. Highway One, and he did not believe that DOT considered adjacent lands when establishing turn lanes, etc. , but only actual traffic trips on the roadway itself. Mr. Hansen stated he had wanted to raise the question, and perhaps Mr. Burckart would investigate. There were no further comments from the Village Council or from the public. • Special Village Council Meeting Minutes June 27, 1996 Page 4 • • 4) Motion to Adopt/Reject Ordinance on Second Reading Councilmember Meder made a motion to adopt the above referenced Ordinance on Second Reading by title only. Council Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. . B) Consideration of Variance Application for Sales of Alcoholic Beverages at Cobblestone Cafe, 383-C Tequesta Drive, Within a 1000 ft. Radius of a Church, School or Youth Center. Bob Nesiba, Applicant. (A Quasi-Judicial Hearing) 1) Swearing-In of Witnesses Village Clerk Joann Manganiello conducted the swearing-in of all those who were interested in speaking on this matter. 2) Disclosure of Ex-Parte Communications. A poll of the Village Councilmembers revealed there had been no ex-parte communications. 3) . Testimony of Witnesses and Cross-Examination, if Any • • Building Official Scott D. Ladd explained that in . the past, similar applications had been considered • by the Board of Adjustment whenever a food service facility wished to add beer and wine or alcoholic beverages to their menu, and that a variance must be Special Village Council Meeting Minutes June 27, 1996 Page 5 received if the business was located within a 1000- foot radius of a church, school, or youth center. Mr. Ladd reported that the applicant had discussed this matter with the affected adjacent property owners, Church of the Good Shepherd, the First Baptist Church, and the Tequesta Recreation Center. Chris Nesiba, son of Bob Nesiba, explained that he was the applicant for this petition and that he and his parents were partners in the new ownership of The Cobblestone Cafe, where he had been the chef for the past two years. Mr. Nesiba requested that operation of the restaurant be allowed to continue as it had been for the past sixteen years. Mr. Ladd explained that any change in ownership required the new owner to receive a variance for sale of alcoholic beverages, and that in the past when variance requests of this nature had been presented before the Board of Adjustment, the approvals had been granted subject to the following provisos: 1 . The approval is for the current owner. 2 . The consumption of intoxicating liquors, wines and beverages on the premises is only permitted when served with a meal. 3. The variance is non-transferable. 4 . No sale of intoxicating liquors, wines and beverages after a.m./p.m. 5. Continued disturbances resulting in police action will be cause for review by the Village Council. After discussion involving Sunday sales, and Mr. Nesiba's comments that at special occasion Sunday brunches champagne was served, the following motion was made: Councilmember Meder made a motion to grant the variance subject to: • • Special Village Council Meeting Minutes June 27, 1996 Page 6 1. The approval is for the current owner. 2. The consumption of intoxicating liquors, wines and beverages on the premises is only permitted when served with a meal. 3. The variance is non-transferable. 4. No sale of intoxicating liquors, wines and beverages except during the period 10 a.m. to • • 10 p.m. 5. Continued disturbances resulting in police action will be cause for review by the Village Council. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. • Mr. Nesiba explained that the $1,000 variance fee had been a big surprise and that he had used most of his start-up capital for this new business, and requested the Village Council's consideration in a possible refund of a part of this fee. Mayor Mackail advised that the Village Council would take Mr. Nesiba's request under consideration. V. NEW BUSINESS A) Discussion of Upcoming Workshop Meeting with ENCON Governing Board. • Councilmember Hansen commented that some had attended a meeting with Village Manager Bradford on Tuesday where strategy had been discussed. Councilmember Capretta expressed his opinion that neither side would want to talk at the meeting, but the first item which should be Special Village Council Meeting Minutes June 27, 1996 Page 7 brought up by the Village Council would be the study which did not convince residents that septic tanks were a major cause of pollution. Secondly, Councilmember Capretta expressed his opinion that ENCON was only talking to the Village Council in order to gain their cooperation so that legal delays would not be a problem. Third, financial impacts should be discussed and ENCON requested to pay all costs above a certain cap amount and to provide financing for Village residents; and should be asked to spend some money to solve the larger pollutant problems such as Dover Ditch, C-18 Canal, etc. Vice Mayor Schauer explained that there would be no comments from the public at the ENCON meeting. The Vice Mayor commented that she would like ENCON to readdress the Harbor Branch study and that she would like to bring up that Harbor Branch had also conducted studies in the Keys for this purpose, and that sewers had not yet been successfully installed there. Councilmember Hansen pointed out that another point to bring up was whether it was technically possible to install sewers in the proposed location. Councilmember Capretta commented that it was not known whether gravity sewers would work all over the Village. Councilmember Capretta cautioned that once it was accepted that septic tanks were polluting the river, it was just a matter of when and how sewers would be installed. Vice Mayor Schauer commented that discussion of a task force should come before item 5 on the ENCON agenda which was presentation of a program to eliminate septic tanks past, present, and future. Councilmember Capretta commented that the Village should agree to cooperate in return for certain things such as work on the stormwater drainage and stopping the sale of IQ water to the golf courses, and expressed his opinion that ENCON was going to do whatever would make money. Councilmember Meder questioned the meeting with the Village Manager • which had been mentioned by Councilmember Hansen, of which he had not been aware. • • Special Village Council Meeting Minutes June 27, 1996 Page 8 Councilmember Hansen explained that a few citizens had been interested in meeting with the Village Manager and that he had attended the meeting as Village Council representative. After further comments by Councilmember Meder, Mayor Mackail stated that he took offense to Councilmember -Meder thinking something was going on behind the scenes. Gary Collins explained that he had returned to the Village after a long absence and requested the meeting, and that under the Sunshine Law only one Councilmember could be present. Councilmember Meder stated that Councilmember Hansen's statement about a meeting had opened questions, which had now been answered, and questioned whether a written strategy had been made. The response was that there was no written strategy. Councilmember Capretta requested advice from the Village Attorney regarding what should be done at the ENCON meeting to improve the legal position of the Village. Village Attorney Randolph responded that the Village's position had been set forth in Village Manager Bradford's letter of May 13, and that those issues should be the launching pad for discussion at the ENCON meeting. The Village Attorney explained that no decision regarding whether the Village would conduct another study should be made prior to the ENCON meeting. Village Manager Bradford pointed out that he had written the letter on May 13, and on May 16 ENCON had held a meeting and decided to hold the joint workshop scheduled for later this evening. Village Manager Bradford explained that ENCON's intent regarding their agenda for tonight's meeting was that each item referred to an item in the May 13 letter. Mayor Mackail commented there were two issues, that of the municipality and that of the residents; and that the residents would not support sewering until it had been proven that septic tanks were polluting the river, which had not been proven by the Harbor Branch study. Mayor Mackail questioned how ENCON could support sewering the Special Village Council Meeting Minutes June 27, 19'96 Page 9 entire peninsula when the whole peninsula had not been included in the study. In response to Councilmember Capretta's question regarding proper legal action, Village Attorney Randolph explained that the first legal action to be taken by the Village would be to file for a 120 hearing when ENCON applied for permits, and that the Village would present an expert to testify that the study was not valid. The Village Attorney advised that the engineer who had studied this matter on behalf of the Village would do further studies and revise his report accordingly if any further studies were conducted by ENCON. Bill Verhoven, Point Drive resident, commented that he was willing to pay for sewers if it were proven that septic tanks were polluting the river, which might be a way to approach the matter with ENCON. Councilmember Capretta suggested combining sewers and stormwater drainage to which Councilmember Meder objected that taking care of stormwater through ENCON would cost more and that the Village could do a better job on their own. Councilmember Capretta left the meeting at 6:25 P.M. VI. ANY OTHER MATTERS Councilmember Meder thanked Building Official Ladd for the excellent Concurrency Management Annual Report which he had provided. Councilmember Meder commented that the report showed that Jupiter Inlet Colony would never be sewered according to ENCON plans. Councilmember Meder questioned when the education concurrency plan would be brought up at a meeting, to which Village Manager Bradford responded that it would be presented at the July 25 meeting. XII. ADJOURNMENT Vice Mayor Schauer moved that the meeting be adjourned. Special Village Council • Meeting Minutes June 27, 1996 Page 10 motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Michael R. Meder - for the motion was therefore passed and adopted and the meeting was adjourned at 6:30 P.M. • • Respectfully submitted, Betty Laur Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: •