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HomeMy WebLinkAboutDocumentation_Regular_Tab 5F_10/12/1995 f ,r\ t VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive �;; Tequesta,Florida 33469-0273 • (407)575-6200 ',,� ,,�� Fax:(407)575-6203 i.• 1 0 Off ; . $fk4 . :CM tOU"14 • VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a regular meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, September 14, 1995. The meeting was called to order at 7:04 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Elizabeth A. Schauer, Carl C. Hansen, and 'Joseph N. Capretta. Also in attendance were: Village Manager Thomas. G. Bradford, Village Clerk Joann Manganiello, Village Attorney John C. Randolph, and Department Heads. Vice Mayor William E. Burckart was absent from the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Joseph N-Capretta-gave 'the "Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. . III. APPROVAL OF AGENDA Councilmember Schauer requested that the Planning Forum meeting, be added under Any Other Matters. Councilmember Hansen requested an update on Ordinance 377 under Any Other • Recycled Paper VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 2 Matters. Village Manager Bradford requested the following additions under Any Other Matters: (1) Authorization to pay the Martin County Clerk of the Court for Well Site 26, and (2) Approval for an item relative to Jupiter' s proposed water rate increase. Councilmember Schauer moved that the Agenda be approved as amended. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen for Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. PUBLIC HEARINGS A) Review of Proposed Village General Fund, Special Revenue and Debt Service Fund, Capital Improvement Fund, Bond Construction Fund, Water Enterprise Fund, and Law Enforcement Trust Fund for Fiscal Year 1995/1996. 1) Announcement of Proposed Millage Rate (6.4698) and Percent (7.49%) by which the Proposed Millage Rate exceeds the Rolled-Back Millage Rate (6.-0187) . .. -. . . -- 2) General Fund 3) Improvement Bond Revenue Fund 4) Capital Improvement Fund 5) Bond Construction Fund 6) Water Department Enterprise Fund 7) Law Enforcement Trust Fund 8) Village Council Comments 9) Public Comments 10) Adoption of Tentative Village Budgets 11) Date, Time and Place of Final Budget Hearing V ' VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 3 Village Manager Bradford reviewed the General Fund, which he explained was the only fund using property taxes as a revenue source, and stated that the proposed ad valorem property taxes plus utility taxes totaled $2, 692,977. Other General Fund income reviewed by the Village Manager consisted of licenses, permits and fees, general government revenues, non-governmental revenues, and intra-governmental services, which resulted in total revenues and fund balance of $5, 016,608. Expenditures from the General Fund were reviewed, with total General Government expenditures of $875,252, total Law Enforcement expenditures of $1, 513, 130, total Building Department expenditures of $201, 860, total Civil Preparedness expenditures of $2,240, and total Fire Rescue expenditures of $978,920, making the total Public Safety expenditures $2, 696, 150 . Other General Fund expenditures reviewed were Public Works Department, $500, 550, Health Services, $4, 850, Culture and Recreation, $161,240, and Other Financial Uses $56, 660. The resulting General Fund Total Expenditures and Fund Balance was $5, 016, 608. Village Manager Bradford reviewed the Improvement Bond Revenue Fund, which totaled $485, 018, and which he explained was used to track revenues pledged to pay the 1994 bond issue debt service. The Village Manager highlighted the Capital Improvement Fund revenues and expenditures, which included several drainage projects, attorney fees for Tequesta Drive Improvement Project, and the Palm . Beach County Library project. Total fund balance was $613,272. Village Manager Bradford explained that the. Bond Construction Fund had provided funds for Country Club Drive and for Tequesta Park, and that the ' remaining balance of $426, 927 would be used for Constitution Park improvements after conclusion of the current lawsuit. Village Manager Bradford also reported that Palm Beach County had agreed to provide an additional $50, 000 for Constitution Park improvements, VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 4 and that the budget would be amended by that amount when it had been received. Village Manager Bradford reviewed the Water Enterprise Fund, which totaled $4, 605,250, and explained that Aid to Community Organizations would be increased from $10, 000 to $12,500 in order to include $2,500 to the Coastal Players. The Law Enforcement Trust Fund totaled $1, 366, which was obtained from drug bust seizures. The Village Manager commented that the proposed budget was believed to be adequate to address the needs of the Village. Mayor 'Mackail questioned the amount of anticipated 1996 increase in assessed value of the village, to which the Village Manager responded that tax forecast computations were in progress which consisted of 'three different tax base scenarios, and that he personally did not believe the tax base from Cliveden or from any DiVosta construction at the Lighthouse Plaza site would be available until fiscal year 1997. Mayor Mackail pointed out that the Fire Rescue budget was down 1.6% from the previous year; Fire Chief Weinand responded that the total was below the amount previously paid to the County. Councilmember Capretta commented that the Police Department budget reflected $414, 000 for employee salaries and that the Village actually paid an additional 60% of that figure in fringe benefits, one of which was the retirement program. Councilmember Capretta explained that the Village would be--taking-advantage.-of. a. one-time _ opportunity to get out of the expensive Florida Retirement System by December 15, 1995. Village Manager Bradford reported that he was working on options with the Florida League of Cities and with the ICMA Retirement Corporation and negotiating .with the Police Union. Councilmember Capretta explained that the Fire Rescue pension fund was a much better retirement program and cost the Village much less. There were no comments from the public. VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 5 Councilmember Hansen made a motion to adopt. the proposed millage rate of 6.4698 and percent 7.49%, by which the proposed millage rate exceeds the rolled-back millage rate (6.0187) . Motion was seconded by Councilmember Capretta. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. Councilmember Schauer made a motion to adopt the tentative Village budgets. Motion was seconded by Councilmember . Hansen. The vote on the motion was: Ron T. Mackail for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. Village Manager Bradford announced that the final Budget Hearing would be held on Thursday, September 28, 1995, at 7:00 P.M. at the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta, Florida. Mayor Mackail commended the staff for the good job they had done on the budget. B) PROPOSED ZONING ORDINANCE AMENDMENTS 1) Ordinance - First Reading - . AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE, AT SECTION VIII, VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 6 OFF-STREET PARKING AND LOADING REGULATIONS; BY AMENDING THE TITLE OF SECTION VIII BY ADDING ON- STREET TO THE TITLE; BY AMENDING SUBSECTION (A) , APPLICATION OF REGULATIONS AT PARAGRAPH (1) , BY REWRITING PARAGRAPH (1) TO ADD ON-STREET PARKING LANGUAGE, TO CHANGE THE MINIMUM PARKING SPACE SIZE DIMENSIONS, AND TO PROVIDE FOR AN ALLOWANCE OF A PERCENTAGE OF COMPACT SIZE PARKING SPACES; BY AMENDING SUB-SECTION (D) , MARKING, AT PARAGRAPH (1) , BY AMENDING THE REQUIREMENTS TO REQUIRE DOUBLE-PAINTED LINES AT ALL 9' X 18 ' AND 8' X 16' PARKING SPACES; BY AMENDING SUB-SECTION (H) , OFF- STREET PARKING SPACE REQUIREMENTS, BY ADDING ON- STREET TO THE TITLE AND BY FURTHER AMENDING SUB- SECTION (H) AT PARAGRAPH (24) AND (29) TO AMEND THE FORMULAS FROM (100) SQUARE FEET AND (175) SQUARE FEET TO READ (250) SQUARE FEET, RESPECTIVELY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion. to Adopt/Reject Ordinance on First Reading Village--Attorney--Randolph -read-t-he-above Ordinance by title only. Village Manager Bradford explained that several zoning ordinances were being presented at one time for the sole purpose of saving advertising monies, since each separate ad.would have cost $1, 000, and that some of the ordinances were presented because of housekeeping matters, some were related to changes in the development review process, and others were initiated by staff for consideration by VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 7 the Village Council . Building Official Scott D. Ladd reported that this Ordinance would help commercial properties meet Ordinance 377 by alleviating current parking regulations. Village Manager Bradford questioned whether a sign might be better than paint on the pavement to indicate compact parking spaces. It was decided to use the painted pavement only. Mike Meder, 114 Chapel Lane, questioned the part of this Ordinance dealing with on-street parking. Building Official Ladd explained that on-street parking was currently allowed only in Mixed-Use Districts and that this would allow other areas in the Village to adapt to on-street parking when curbing was provided, if approved by the Village Council. Mr. Meder commented .that on-street parking seemed to conflict with beautification of the Village, as discussed in the two recent Village Council workshops. Village Manager_ Bradford explained that urban design principles included on- street parking as part of the criteria to maintain the intended effect of a small-scale urban area. Councilmember Schauer made a motion to approve Ordinance One on First Reading by title only. Motion was seconded by Councilmember Hansen. The vote on the motion was: - Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 2) Ordinance - First Reading , - AMENDING ZONING ORDINANCE NO. 355, AS AIDED, BY AMENDING SECTION VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 8 X, SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS, BY ADDING A NEW SUB-SECTION (R) , MULTI-FAMILY RECYCLABLE MATERIAL FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only. Village Manager Bradford explained that the Palm Beach County Solid Waste Authority had contacted the Village urging them to require that future multifamily buildings contain facilities for recycling. Building Official Ladd explained that present multifamily buildings were encouraged to provide recycling facilities through the option of giving up one or. two parking spaces for such a structure without being required to obtain a variance. Building-Official -Ladd-suggested the addition of a new section: " (j) Exemptions: Multi-family developments that receive curbside recyclable materials collection service on at least a weekly basis shall be exempt from the standards of this section." After discussion of the intent of the new section, Village Attorney Randolph suggested that the language should be changed to state "Multifamily developments in existence as of the date of the adoption of this ordinance that receive curbside recyclable materials collection service on at least VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 9 a weekly basis shall be exempt from the standards of this section." Councilmember Schauer requested clarification regarding screening requirements. Councilmember Hansen commented that he was in favor of the exemption for existing multifamily structures since that would have been an added expense in addition to the expenses incurred to comply with Ordinance 377. Village Clerk Manganiello clarified that when multifamily recycling in the existing multifamily buildings had .been instituted that many of them had installed twenty gallon containers on wheels, usually housed in the condominium basements and wheeled out on . pickup day. Further discussion ensued regarding the proposed amendment. Councilmember Capretta suggested that since the intent was clear that new multifamily buildings over ten units would be required to provide recycling facilities and existing multifamily buildings could choose whether to participate that staff should formulate language to match the intent and should present that language at second reading. Both Mayor Mackail and Councilmember Schauer commented they did not like last minute changes. Councilmember Hansen made a motion to approve Ordinance Two on First Reading by title only with subsequent changes. Motion was seconded by•Councilmember -Capretta. - �- ----- Bill Clifton, 15 Leeward Drive, commented that the large condominiums contained sufficient building space to contain recycling facilities and that existing buildings should be checked to see what they already had available. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 10 Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 3) Ordinance - First Reading = AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS, BY AMENDING SUB- SECTION (A) , GENERAL PROVISIONS, PARAGRAPH (1) , MISCELLANEOUS STRUCTURES, SUB-PARAGRAPH TO INCLUDE LANGUAGE REGARDING EIGHTEEN INCH (18") OR LESS IN SIZE SATELLITE ANTENNA SYSTEMS; BY AMENDING SUB- SECTION (E) , SWIMMING POOL REGULATIONS, PARAGRAPH (5) BY REWRITING THE PARAGRAPH TO REFERENCE THE STANDARD SWIMMING POOL CODE, LATEST ADOPTED EDITION; BY AMENDING SUB-SECTION (M) , SITE PLAN; PREREQUISITE TO BUILDING PERMIT ISSUANCE, PARAGRAPH (1) , SITE PLAN REVIEW, SUB-PARAGRAPH (h) , BY ADDING REVISED LANGUAGE TO THE LEVEL OF SERVICE STANDARDS IN ITEM 1, TRAFFIC; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only. Building Official Ladd indicated that the reference to 18-inch or less diameter satellite dishes had been a result of several inquiries by residents who wished to purchase such a dish, and that reference VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 11 to the updated swimming pool code would be compatible with the 1994 Swimming Pool Code. Building Official Ladd provided an overview of the differences between the County swimming pool code and that of the Village. Mr. Ladd explained that the updated Tequesta code, if adopted, would accept outer barriers of either full screening or a minimum 4-foot high fence, with self closing, self latching gates or doors, and would include interior access barriers. The interior barriers would be required for new construction or properties remodeled over 50% of the value of the property. All new pools would be required to have both exterior and interior barriers. Arnold Blum, 410 Tequesta Drive, questioned whether older residents without children would be required to install interior barriers. Building Official Ladd explained the ordinance had nothing to do with whether the resident had children, but was based strictly on construction guidelines as previously. discussed. Fire Chief Weinand questioned whether the village Complex would be exempted from the antenna height restriction under Section 1. Discussion ensued regarding the present non-conforming antenna. Village Attorney- Randolph. suggested• that .language. •• • - could be added to Section 1(b) (2) exempting governmental agencies. Village Manager Bradford explained that it was the intent of the Village Council to provide a governmental exemption when approved by the Village Council. Councilmember Hansen made a motion to approve Ordinance Three on First Reading by title only with additional language to reflect the exemption for governmental agencies upon approval of the Village Council. Motion was seconded VILLAGE COUNCIL FETING MINUTES SEPTEMBER 14, 1995 PAGE 12 by Councilmember Capretta. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 4) Ordinance - First Reading - AMENDING ORDINANCE NUMBER 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF .THE VILLAGE, AT SECTION XII THEREOF RELATING TO SIGN REGULATIONS, AT PARAGRAPH 0, REGULATING THE DISPLAY OF POLITICAL SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of `Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only, and explained that this had resulted because of recent legislation which did not allow the Village to prohibit the signs. In response to Councilmember Schauer' s concern that the removal expense must be borne by the property owner, the Village Attorney responded that the Village might not be able to locate the person who had erected the sign, and responded to Councilmember Hansen that these regulations were in line with other municipalities. Councilmember Schauer made a motion to approve Ordinance Four on First Reading by title only. Motion was seconded by VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14 , 1995 PAGE 13 Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta -. , for The motion was therefore passed and adopted. 5) Ordinance - First Reading - AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION VII, SCHEDULE OF REGULATIONS AND APPLICATION OF REGULATIONS, SUB-SECTION (D) , SCHEDULE OF DISTRICT AND USE REGULATIONS, PARAGRAPH (9) , MU MIXED-USE DISTRICT SUB-PARAGRAPH (I) , SPECIAL EXCEPTION USES, BY ADDING A NEW SPECIAL EXCEPTION USE, PRIVATE SCHOOLS/SCHOOLS OF INSTRUCTION; BY AMENDING (m) , PROPERTY DEVELOPMENT STANDARDS; BY AMENDING THE PARKING REQUIREMENTS AND REFERENCING LANDSCAPING REQUIREMENTS AND SIGNAGE REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to -Adopt/Reject-- Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only. Building Official Scott D. Ladd reported that certain property owners had been approached regarding placing private schools on their property and that this type of use had not been provided for in the Mixed-Use District. Mr. Ladd also commented VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 14 that since BRITT was licensed as a school of instruction that it would not be able to locate within the Mixed Use District under current code. Building Official Ladd explained that this ordinance would require signage within the Mixed Use District to be approved by the Village Council. Councilmember Schauer made a motion to approve Ordinance Five on First Reading by title only. Motion was seconded by Councilmember Capretta. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 6) Ordinance - First Reading - AMENDING ORDINANCE NO. 355 OF THE VILLAGE, THE COMPREHENSIVE ZONING ORDINANCE, AS AMENDED, AT SECTION XIII, BOARD OF ADJUSTMENT, REPEALING SAID SECTION IN ITS ENTIRETY THEREBY DISSOLVING THE BOARD OF ADJUSTMENT; CREATING A NEW SECTION XIII, APPEALS AND VARIANCES; PROVIDING THAT THE VILLAGE COUNCIL SHALL HEAR APPEALS AND VARIANCES; ESTABLISHING PROCEDURES; PROVIDING FOR POWERS AND DUTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. _ a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 15 Village Attorney Randolph read the above Ordinance by title only. - Village Manager Bradford reported that this Ordinance had been reviewed by the Redevelopment Committee and was part of a package designed to help speed ,the development review process and to consolidate decision making with the Village Council as opposed to appeals and variances decided through the Board of Adjustment. Village Manager Bradford stated he had written to the members of the Board of Adjustment explaining that this change had nothing to do with their actions_ on previous variance requests but was done to speed the process. Kenneth Northamer, 16 Tradewinds Circle, commented he was a 26-year resident of the Village and had been a member of the Board of Adjustment for the past five years. Mr. Northamer stated his opinion that consolidating and speeding up procedures by placing Board of Adjustment functions under the Village Council was very questionable since the Council as an elected body could be subject to political pressure, whereas appointed Board of Adjustment members were free from such pressures. Mr. Northamer questioned whether the Village Councilmembers had-the time to research the details of each request by visiting each site. Mr. Northamer stated that if the Village Council had been dissatisfied with the performance of the Board of Adjustment that the members had not been so informed. Councilmember Capretta explained that legally the Councilmembers could not communicate ' - with Board of. Adjustment members. Councilmember Hansen suggested a compromise whereby the Board of Adjustment would handle variances requested for existing properties and the Village 'Council would • VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE . 16 handle variances requested for new construction. Councilmember Hansen also commented that he did not like to turn away volunteers for the Village Boards. Bill Clifton, 15 Leeward Circle, commented that if there was no other reason for dissolving the Board of Adjustment than to speed decision making, that he had found that decisions made in haste were not always the best decisions. Mr. Clifton stated that it was his understanding that Village officials and Councilmembers had complained about the lack of involvement by the citizens of the community, and that it did not make sense to him not to use volunteers who were not paid and to give that job to someone who was paid. Mr. Clifton further commented that he had attended Board of Adjustment meetings where Village employees had tried to impose their will upon the Board, about which he had not spoken up at the time, but was speaking up now. Mr. Clifton urged the Village Council to keep the Board of Adjustment. Village Manager Bradford responded to Councilmember Hansen' s suggestion that new construction or major redevelopment could be made a function of the village Council and all variance requests could be retained by-'the Board---of -Adjustment,-- -Building Official Ladd verified that under that program the Village Council would handle only 10% to 20% of all requests for variances. Village Attorney Randolph responded to Councilmember Hansen that he would need to research whether Board of Adjustment decisions could be appealed to the Village Council. Village Attorney Randolph suggested that another option might be for the Board of Adjustment to deal with single family residential districts as opposed to multifamily and commercial districts. After VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14 , 1995 PAGE 17 discussion, it was the consensus of the Village Council to support Attorney Randolph' s suggestion. Mr. Northamer agreed with the solution. Village Attorney Randolph advised that this Ordinance would need to be tabled until the next meeting in order to include language reflecting the solution which had been reached. Councilmember Hansen made a motion to table Ordinance Six until the next meeting. Motion was seconded by Councilmember Capretta. Councilmember Schauer questioned whether she could vote since her husband was a member of the Board of Adjustment, and was advised by the Village Attorney that she had nothing to gain and therefore did not need to abstain. In response to Mr. Clifton's question regarding the qualifications of the Village Councilmembers as compared to professionals who had served on the Board of Adjustment, Mayor Mackail explained that the Council relied on staff to obtain answers to technical questions. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 7) Ordinance - First Reading - AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS, APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS, SUBSECTION (M) SITE PLAN; PRE-REQUISITE TO BUILDING PERMIT ISSUANCE, BY AMENDING SUB-PARAGRAPH (4) , APPLICATION PROCESS, BY REQUIRING VILLAGE COUNCIL APPROVAL PRIOR TO COMMUNITY APPEARANCE BOARD REVIEW AND BY ADDING A PROVISION FOR AN EXPEDITED SITE • VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 18 PLAN REVIEW PROCESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION, PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only. Village Manager Bradford explained that this Ordinance had been designed to address concerns of the Village Council regarding Tequesta' s existing development approval process relating to site plan review, and would establish a number of days in which the Building Official must act upon receipt of site plans, would change the process so that the Village Council would review site plans and give conceptual approval before the Community Appearance Board review for aesthetics, and would establish an approval process time period of 60 days. The Ordinance would also offer an alternative expedited site plan review which would reduce the approval process to 30 days, which a developer could choose upon-payment-of -an additional- $1, 400•--fee,---and^would --- ----- -- be accomplished by review at a joint meeting of the Village Council andthe CommunityAppearance Board. The Village Manager explained that the Chamber of Commerce had suggested the expedited site plan process at an extra charge. Village Attorney Randolph expressed concern that Section 1 (d) did not allow an opportunity to defer, and suggested language that action may include approval, approval with conditions, denial, VILLAGE COUNCIL MEETING MINUTES • SEPTEMBER 14, 1995 PAGE 19 or deferral. Wade Griest, 494 South Dover Road, questioned how some requests now handled by the Community Appearance Board would be dealt with under the new system. Village Manager Bradford explained that the Village Council would approve things in the same way as previously; and the details associated with aesthetics under the purview of the Community Appearance Board would remain the same; however, if a developer felt he had been harmed by a decision made by the Community Appearance Board that he could appeal to the Village Council. Mr. Griest questioned why Board of Adjustment decisions could not be appealed to the Village Council also, and was reminded that the Village Attorney had stated that he would research that matter. Village Attorney Randolph stated that another distinction was that in this case the Village Council was considering the site plan review while the Community Appearance Board was considering the architectural and aesthetic features regarding development of the land; and the Board of Adjustment dealt with whether to vary from the Village Code. Councilmember Schauer made a motion to approve Ordinance Seven on First Reading by title only, with Section D and H amended to make it clear that action may include approval, approval with conditions, denial, or deferral. Building Official Ladd stated he wished to make it clear that he had the power to deem when an application would come before the Council and that he would not bring an application before the Council unless he felt it was complete. Discussion ensued regarding incomplete applications and the goal of shortening the approval process, and that Mr. Ladd should not accept $1,000 for an expedited process if •an application was not complete. The vote on the motion was: VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14 , 1995 PAGE 20 Ron T.. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph.N. Capretta - for It was realized that no second to the motion had been made, therefore, Councilmember Schauer restated her motion to appprove Ordinance Seven_ on First Reading by title only, with Section D and H amended to make it clear that action may include approval, approval with conditions, denial, or deferral. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 8) Ordinance - First Reading - AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS, APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS, BY ADDING A NEW SUBSECTION (S) , HOME OCCUPATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION, PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only. VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14 , 1995 PAGE 21 Village Manager Bradford inquired whether the list of home occupations under item 4 was beyond the scope of what the Village Council was willing to allow. The Councilmembers indicated that the list was beyond the scope of what they would allow, and suggested that this ordinance be tabled. Fire Chief Weinand commented that language should be included to allow fire inspections of residential properties. Councilmember Schauer expressed concern that the list was too long and that no provision had been made for police or fire inspections. Councilmember Hansen expressed concern regarding increased traffic. Mike Meder requested that the Village Council schedule a workshop meeting during evening hours on this subject. Mayor Mackail commented that this public hearing was intended for public participation. Village Manager Bradford explained that the newspaper advertisement was notice to come to the village Hall to obtain a copy of the ordinance if a resident was interested in the subject. Councilmember Schauer made a motion to table Ordinance Eight. The motion was seconded by Councilmember Capretta. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer --- for .- - - - Carl C. Hansen for Joseph N. Capretta - for The motion was therefore passed and adopted. 9) Ordinance - First Reading - AMENDING ORDINANCE NO. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF TEQUESTA, BY AMENDING SECTION VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 22 XVI, NON-CONFORMING USES, AT SUBSECTION (A) (7) RELATING TO DESTRUCTION BY FIRE OR OTHER ACT SO AS TO ALLOW STRUCTURES LOCATED IN THE R-3 ZONING DISTRICT LOCATED EAST OF THE INTRACOASTAL WATERWAY WHICH ARE DESTROYED BY MORE THAN FIFTY PERCENT OF THEIR ASSESSED VALUE TO BE RECONSTRUCTED; PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION, PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only. Village Attorney Randolph explained that the Village had made zoning amendments which made Beach Road properties non-conforming and the Village had indicated it would try to provide relief. The purpose of this Ordinance was to allow. nonconforming structures to be relocated to their nonconforming state in the event of over 5O destruction. Village Attorney Randolph explained that no changes could be made to any State, Federal, or County law, and used as an example the Coastal Construction setback line, and stated that a structure could not be rebuilt in violation of that setback but could be rebuilt to the same height and density. Councilmember Schauer mentioned that Helen Farrow, who was an alternate to the Coastal Committee, had resigned and the opening needed to be filled. Jack Downey, President of Beach Road Association, VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 23 ' stated that he and other Beach Road residents had believed this had already been done, and that he needed to let the people who were non-conforming know that no changes had been made but that a variance was being provided to the non-conforming items. Village Manager Bradford explained that an amendment had been passed approximately a year ago which had taken care of the majority of nonconformities at that time; and this amendment would take care of everything. Village Attorney Randolph explained that Building Official Ladd had put together a list of nonconforming properties and had paralleled the amendment to cover as many of those as possible, so that the majority were taken care of at that time. After discussion, Mayor Mackail requested that Mr. Ladd work with Mr. Downey to provide details so that he could write letters to concerned residents. Councilmember Schauer made a motion approve Ordinance Nine on First Reading by title only. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta _,__... __ . .. for- --- The motion was therefore passed and adopted. V. 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 VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 24 • removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. The following items were listed on the Consent Agenda: VI. APPROVAL OP MINUTES AND REPORTS *A) BOARD of Adjustment; July 17, 1995 *B) Code Enforcement Board; June 20, 1995 *C) Community Appearance Board; July 19, 1995 *D) Community Appearance Board; July 26, 1995 *E) Community Appearance Board; August 16, 1995 *F) Country Club Drive Task Force; July 25, 1995 *G) Village Council Meeting, August 10, 1995 *H) Village Council Workshop Meeting, August 29, 1995 *I) Village Council Workshop Meeting, August 30, 1995 *(7) Village Manager's Report; August 7 - September 8, 1995 VII. APPOINTMENTS A) Code Enforcement Board *1) Consideration of Reappointment of Paul Brienza as a Regular Member of the Code Enforcement Board for a Three-Year Term Expiring on September 28, 1998 (Staff recommends approval) *2) Consideration of Reappointment of Mark Hartman as a Regular Member of the Code Enforcement Board, with said Term Expiring on September 28, 1998. (Staff recommends approval) B) Firefighters Pension Board *1) Consideration of Reappointment of Mayor Ron T. VILLAGE COUNCIL MEETING MINUTES - SEPTEMBER 14, 1995 PAGE 25 Mackail as a Regular Member of the Board of Trustees of the Tequesta Municipal Firefighters Pension and Trust, with said Term Expiring on September 7, 1997. (Staff recommends approval) *2) Consideration of Reappointment . of Regular Member Thomas G. Bradford, Village Manager, to the Board of Trustees of the Tequesta Municipal Firefighters Pension and Trust, with said Term Expiring on September 7, 1997. (Staff recommends approval) Motion was made by Councilmember Hansen to approve the Consent Agenda as submitted. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VIII. DEVELOPMENT MATTERS A) Final Review of Village of Tequesta U.S. Highway One Median Landscape Project per Florida Department of Transportation Specifications; Kathleen Spane, Landscape Architect, Gee & Jenson. Landscape Architect Spane presented a representative drawing of one of the medians for the U.S. Highway One project for Village Council review. Ms. Spane explained that the seven medians were similar, and that under this joint project with DOT, the village VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 26 was required to follow stringent DOT requirements. The primary tree proposed was Savannah Holly, which would meet DOT requirements of an 8-1/2 foot clear trunk and trunk diameter at maturity no larger than eleven inches. One tree would be allowed every 40 lineal feet on center, with colorful ground covers, and had been approved by the Community Appearance Board. Ms. Spane explained that the next step would be submittal to DOT for their approval, and construction was expected to begin in early spring. Councilmember, Schauer made a motion to approve final review of the Village of Tequesta U.S. Highway One Median Landscape Project per Florida Department of Transportation Specifications. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Carriage House Condominium Association; Roy-Fisher Associates, Landscape Architect Building Official Scott D. Ladd reported he had received a telephone call late that day reporting that because of an emergency that no one from the Landscape Architect' s office would be able to attend tonight' s meeting, ' but hoped the village Council could consider ' their request. Mr. Ladd reported that most of the properties which VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 27 needed to comply with Ordinance 377 had submitted letters of intent. Councilmember Capretta requested that records be kept so that as time progressed that he could periodically ask for a status report and receive an answer of the number which had complied out • of the beginning number. Mr. Ladd estimated 5-6 years for-all properties to comply. Mr. Ladd discussed Mr. Feihaber' s refusal to pay the $25, 000 bond required under the Floors R Us application, which had caused Floors R Us to move another location within the Village. Fire Chief Weinand questioned whether there was room for a fire truck at the Carriage House Condominium. Discussion ensued in which Building Official Ladd stated that this project had been reviewed by the Fire Department previous to approval by the . Community Appearance Board. Councilmember Hansen made a motion approve the Landscape Waiver Request and Landscape Ordinance No. 377 Plan for Carriage House Condominium Association. The motion was seconded by Councilmember Capretta. 'The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl- C.- Hansen.. _ _ _ - ------for----- --- Joseph N. Capretta - for, The motion was therefore passed and adopted. IX. NEW BUSINESS Al ORDINANCE - FIRST READING - AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES .OF THE VILLAGE OF TEQUESTA BY AMENDING SECTION 16-2, ADMINISTRATIVE COSTS, SUB- VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 28 SECTION (a) , BASE APPLICATION FEES, PARAGRAPH (7) ; BY ADDING NEW SUB-PARAGRAPH 7, f; EXPEDITED SITE PLAN REVIEW; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (STAFF RECOMMENDS APPROVAL) Village Attorney Randolph read the above Ordinance on First Reading by title only. Village Manager Bradford explained that this Ordinance was an amendment which added the $1, 000 fee for expedited site plan review. Village Manager Bradford clarified that bulleted items in his memo did not apply to this Ordinance. Councilmember Schauer made a motion to approve this Ordinance 9 (A) on First Reading by title only. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) ORDINANCE - FIRST-READING - AMENDING CHAPTER-7--OFL-THE--- CODE OF ORDINANCES AT SECTION 7 OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA AT SECTION 7-4, RELATING TO MEETINGS; RECORDS; APPROVAL OF, PLANS; APPEALS FROM BOARD AND DECISIONS OF THE COMMUNITY APPEARANCE BOARD; PROVIDING FOR ' SEVERABILITY, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (STAFF RECOMMENDS APPROVAL) Village Attorney Randolph read the above Ordinance on VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 29 First Reading by title only. Village Manager Bradford explained that this Ordinance was an amendment to the administrative section of the Community Appearance Board statutes which provided for appointment of a Clerk of the Board rather than a secretary, shortened the time for action by the Community Appearance Board, and stated that the public could appeal Community Appearance Board decisions to the Village Council and in the case of an expedited review could appeal on the spot. Councilmember Schauer made a motion approve this Ordinance 9 (B) on First Reading by title only. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta for The motion was therefore passed and adopted. C) RESOLUTION NO. 31-94/95 - AUTHORIZING TEMPORARY WAIVERS FOR IMPACT FEES FOR RESIDENTIAL DEVELOPMENT WITHIN THE VILLAGE OF TEQUBSTA. (STAFF RECOmMENDS APPROVAL) Village Manager Bradford explained that this was brought forward to address the desire expressed by the Village Council to hold a "Fire Sale" to encourage development, and the Resolution had been constructed in a conservative fashion allowing 24 months grace period during which impact fees paid at the time of issuance of building permits would be refunded upon issuance of a C/O. Another option explained by the VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 30 Village Manager was to pay the impact at the time of issuance of the C/O. The final option was to waive the impact fee with no tracking of whether construction was completed. The Village Manager recommended option one, with which the Village Council agreed. It was the consensus of the Village Council to act upon Councilmember Capretta' s suggestion to invite developers to attend a meeting of the Redevelopment Committee to communicate the plan and see if they considered it a benefit, and after obtaining their feedback to then act upon Resolution No. 31-94/95. D) ORDINANCE - FIRST READING - AMENDING CHAPTER 11.5, MOTOR VEHICLES AND TRAFFIC, AT SECTION 11.5-20 SO AS TO INCREASE THE FINES FOR VIOLATIONS FROM $10.00 TO $20.00; FURTHER TO PROVIDE A FINE FOR UNLAWFUL PARKING IN A PROPERLY MARKED DESIGNATED HANDICAPPED PARKING SPACE WITHOUT A PROPER PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (STAFF RECOMMENDS APPROVAL) Village Attorney Randolph read the above Ordinance by title only on First Reading. Councilmember- -Schauer—commented she was glad there would be a $50 .00 fine for parking in a handicapped space. Councilmember Hansen stated he agreed with the increase but thought there should be some variation according to the seriousness of the offense rather than all offenses to carry a $20 . 00 fine. Councilmember Schauer made a motion approve this Ordinance 9 (D) on First Reading by title only. The motion was seconded by Councilmember Hansen. The vote on the motion was: VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 - PAGE 31 Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. XI. ANY OTHER MATTERS Councilmember Schauer announced that the Planning Forum meeting had been rescheduled because of a conflict which would not have allowed many planners to attend and would now be held on Monday, October 30 at the Marriott on PGA Boulevard, with municipal leaders requested to be present at 8 A.M. Councilmember Hansen commented that he had received the update he had requested on Ordinance 377, and questioned whether much negative feedback had been received regarding the Ordinance. Building Official Ladd stated that hardly any negative feedback had been received from the commercial areas--most had been from condominiums who felt it was an intrusion into their territory and an expensive nightmare; however, he had received calls from other residents in the same condominiums who believed the Ordinance was good and wanted to cooperate. Councilmember Capretta commented that the library was nearing completion and suggested that contact be made with the librarian and with interested residents so that the process of purchasing books and furnishings with the funds accumulated for that purpose could begin. Village Manager Bradford requested authorization to deposit $16,500 with the Court, equal to the appraised value of the Well site 26, as required by the judge' s ruling in favor of VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995. PAGE 32 the Village at the recent Order of Taking Hearing in Martin County. • Councilmember Schauer made a motion authorizing the deposit of $16,500 with - the Martin County Court. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. Village Attorney Randolph explained that the Village Council had previously formally approved moving ahead with litigation against Jupiter regarding the proposed water rate hike, on the basis that the Village believed the increase to be in violation of the contract, and other things. At the joint meeting with Jupiter, the Village had indicated they would negotiate prior to filing suit, and the process of negotiations was proceeding. Jupiter had indicated at the joint meeting that the first reading of their rate ordinance would be heard September 5. Village Attorney Randolph had attended that meeting and objected to the first reading at that meeting because negotiations in good faith were being conducted.. Jupiter had then_indicated--that -first- reading -of - - :--- their ordinance would be October 3. Village Attorney Randolph stated that he wanted to be sure that it was still the direction of the Council in the event that negotiations stalled and in the event that Jupiter insisted on proceeding with first reading of the ordinance on October 3 that the Village Attorney should file suit. It was the consensus of the Village Council to proceed. VII. COMMUNICATIONS FROM CITIZENS VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 33 Robert C. Bachman, 10818 SE Hobart Street, stated that he was a Martin County resident, and had been required by the Village when he had constructed his home four years ago to provide a water line to his property in order to receive water from Tequesta. Since that time the water department had tapped off of that line to provide water to his neighbors. Mr. Bachman sought reimbursement for, the cost of some of the water line. Water Department Manager Tom Hall verified Mr. Bachman' s comments, explaining that the line had been constructed specifically so that it would provide water to two residences with the intent that after installation it would revert to Village ownership and the Village would assume operation and maintenance, which had been done for , the past four years. Village Attorney Randolph indicated that the line did not belong to Mr. Bachman but was put in to service him, and the Village had received nothing to allow compensation to Mr. Bachman for the second tie-in. Peggy Virhoven, 18996 Point Drive, commented on the proposed Lantana Plan, and requested that no action be on it. by the Village Council until it had been better publicized, ' opened to further discussion, and better understood by more residents so that it might be merged with the present system and a double layer of government would not need to be created. Ms. Virhoven explained that many people did not understand the plan, and suggested an insert in the Village newsletter with a response card so that the Village could learn whether the majority of residents did or did not understand the proposed plan. Ms. Virhoven stated that she objected to the Lantana Plan in its present form. XV. ADJOURNMENT Councilmember Schauer moved that the meeting be adjourned. Councilmember Hansen seconded the motion. The vote on the motion was: VILLAGE . COUNCIL MEETING MINUTES SEPTEMBER 14, 1995 PAGE 34 Ron T. Mackail - for Elizabeth A. Schauer - for • Carl C. Hansen - for. Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 10:28 P.M. Respectfully submitted, • 4�� U Betty Laur Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: