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HomeMy WebLinkAboutDocumentation_Regular_Tab 04F_08/30/1994 �� • VILLAGE OF TEQUESTA ros� orr�� sox 32�3 • 3s� To��,aa nri�e � �; f Tequesta. Florida 33469-0273 •(40� 575-6200 > Fax: (407j 575-6�?A3 f o . •� � . �N t0 M VILI.�IGE O� TEQUESTA VII.LAGE COUNCIL � SPE�CIAL MEETING S JITLY 28, 1994 I. C�LL TO ORD$R AI�iD ROLL C1,LL The Tequesta Villaqe Council held a Special Meetinq at the Villaqe Aall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, July 28, 1994 Tlie meetinq was called to order at 7:00 P.K. by �ayor Ron T. Mackail. A roll call was taken by Betty Laur, the Recording Secretary. Council members present were: Mayor Ron T. Mackail, Elizabeth A. Schauer, Earl L. Collings, and Joseph N. Capretta. Also in attendance �ere: Villaqe Manager Thomas G. Bradford, Village Attorney John C. Randolph, Villaqe Clerk Joann Manganiello, and Department Heads. Absent was Vice Mayor William E. Burckart. II. APPRCfV�L OF �ffiTDl�i a Council�aember Collinqs requested addition of an item under Itea XI regardinq BRITT. o Villaqe Manager Bradford requested addition of an item under Item XI regarding update of the water issue. Council�eaber Collings Soved to approve the l,qenda as emended Caul�c� Schauer secoaded the �otion. The vote on the s�tion was: Ron T. 8,ac]�ail - for �lizabe#:h Schauer - for Earl L. Collinqs - for Joseph I+i. Capretta � - for . . The �otion � therefore passed and adopted and the �qenda . was approved as awtended. Recycled Papies . � villaqe Council special Meetinq lYtinutes July 28, 1994 Page 2 III. R1;SOLDTION NO. 20-93/94 -�G � Tffitt+t3 l�1ND OOIiDITION3 OF T� �G8l�iCY I�ICaL SBRVIC'S� (�S) �WaRD GR�li1'1' Ti�ITH THB PAL1�I BBaCB �R BO� OF CODNTY C0�lI33I0�3, Pl� SS�H CODNTY � P'I�ORIDPi, F08 1�11�Y � RBCSIVSD FRO� G�iT � I�iPPLICATIONS COl�ZBT� F'OR 1994, A�1�iNC8 aF NHICH WILL �AI�iD l,I�ID/OR II�`ROVB THB FIRB DEPAR�'1' • 3 �CY 1�DIC1�iL SSRVICES DIVISION A1�1D f�TILL NOT B$ IISI�D R�0 SOPPLi�il�Fr THB VILLAG$�3 EXISTING BIIDGBT �iI��O(',1�iTIONi AOTHORISING T� VIL.I.AGB !l� T+0 � IIi'PO 3� l�iN 1�GRS�I'1' F'OR 1�11�1Y GRANTS R�IVBD. (Staff Reco�ends i�ipproval) Villaqe Manaqer Bradford commented that this resolution needed to be passed each year for the Villaqe to be eliqible for this grant, r�hich he anticipated to be about $5, 000 this year, and that if the amount should be a larqe contribution that it could have the effect of reducinq future expenditures. Councilme�ber Schauer �oved to approve Resolution No. 20- 93/94. Councilneaber Collings seconded the motion. The vote on the motion was: Ron T. l�ackail - for I3lizabeth Schauer - for Sarl L. Collings - for Joseph N. Capretta - for The sotion was therefore passed and adopt�ed. IV . CONSIDBRriTIOA OF STAFF �R13PORT OAi TIIB R-3 ZO�G DISTRICT INVENTORY STODY. Village Manaqer Bradford stated as a result of Vice Kayor Burckart•s recommendation that chanqes be made to Section VII of the Zoninq Code for the R-3 Zoning District [wh3ch only applies to properties within the Villaqe of Tequesta on Beach Road and allows the hiqhest density of any zoning - district under the Village•s Zoninq Code] to make it more in keepinq with Palm Beach County•s similar zoning district, the Village Council had directed staff to prepar� an inventory study in order to determine how existinq properties relate to the existinq code in effect for that area and to Palm Beach County's zoninq code for the ad jacent area. Villaqe l�anaqer Bradford reviewed Vice l�iayor Burckart�s suqgestions in reqard to amending the R-3 Zoninq ' villaqe Council � Special Keetinq l�iinutes July 28, 1994 Paqe 3 ------------------------------- District by changinq Section VII of the Zoninq Code to allow: 4 Side setback of 40 feet plus 2 feet for each additional ten feet, and if an R-3 District abutted a sinqle family district that the setback should be doubled to provide a proper separation for the two land uses. o Front setback of two feet for a one-story qaraqe structure that is landscaped and covered with greenery on top. Other one-story qarages would have a front setback of ten feet from the front property line if there were no � landscapinq on top. The main structure front setback would remain at 60 feet. 4 Building heiqht of eleven living levels over one level of pa=king. (As described in the existinq code except for the addition of three additional levels.} Buildinq height would be changed fro� 85 feet to 115 feet to accommodate the extra three stories. In the absence of Scott D. Ladd, Buildinq Official, who had prepared the inventory study, villaqe Manager Bradford reviewed Mr. Ladd•s report which included the number of units, lot area in acres, units per acre, as-built from yard, side yard, and rear yard setbacks, height in stories and in feet, percentage of lot coveraqe, and "whether conforminq or non-conforminq to eurrent c�e. 2+1r. Ladd had also prepared a comparative analysis of various zoninq code ordinances for the Village and for the County and when they were adopted. The Palm Beach County code was showti to be more liberal than the Village code for front, side and rear yard setbacks, and allowed building heiqht to increase in relation to increased setbacks. The net result of l�ir. Ladd's findinqs was that of all the properties within the R- 3 Zoning District were non-confor�inq, and that the onlp property conforming under current code is Cliveden which �as approved by the Villaqe Council on June 14, 1994. Villaqe Manaqer Bradford clarified that "conforminqa �eant a property met all requfrenents undEr current code and that "non-con�orming meant a property did not comply with one or more of the current requirements. Implicit in Mr. Ladd•s report was that these properties became non-conforminq as more restrictive ordinances replaced previous ordinances over the years. In response to Councilmember Capretta, ' villaqe Council Special Reeting Kinutes July Z8, 1994 Pege 4 Villaqe Manaqer Bradford clarified that in January 1973 when Tequesta Towers was permitted that the code then in effect allowed buildinq beiqht of 100 feet, so that they were able to build an 11-story l�iilding. Village Manager Bradford responded ta Councilmember Schauer�s question of what would happen if the non- conforminq properties remained non-conforminq, that if there �ere a disaster where one of those structures were damaqed 50$ or more, it would have to be rebuilt under the existinq ' code, not the code that existed at the time it was built. Councilmember Capretta suqqested if Tequesta's code were more consistent with the Palm Beach County code that the buildinqs would be conforminq and could be rebuilt to their original plans, and also would make Tequesta competitive for people wishinq to annex into the Village. Mayor l�tackail questioned the dollar impact to the Village tax base in liqht of the present inventory and potential aru�exation. Village Manaqer Bradford responded if the Village had everything from Claridge to Seawatch that there would be a nice tax base. Councilmenber Collinqs informed the Council that over the years the Coastal Constructian Zone had been � moved back by the County, so tfiat many of these propertfes could not be rebuilt in their own footprint if they �ere destroyed. Villaqe Manaqer Bradford co�ented that the only undeveloped Beach Road property was the Cliveden development. alfred Coyle, 375 Beach Road, stated he was,confused by comments made in a letter he had received from Villaqe Manager Bradford, �rhich he planned to respond to next week. He quoted fro� the letter, `Vice lsayor Burckart and some members of the Council believe that the Cliveden condominius project as was originally proposed was a better project for all parties concerned in terms of desiqn and amenities......As to the proposed townhoaes on the northernmost parcel, there appears to be unanimity that these units should be avoided if possible.• 1�Ir. Goyle stated if the original proposal included the townho�es that these sta..tements appeared to be in direct contradiction, and wondered if the townho�es had ever been seriously considered and if they mi.ght be a red herrinq. Ae further quoted, "development riqhts of the developer, and can they be transferred thereby resolving the concernsa. Mr. Coyle asked what development rights were, whether they�guaranteed ' village Council Special t�eetinq Kinutes July 28, 1994 Paqe 5 • ---------------------------�� a profitable return for the developer, and why they were in the beat interest of the taxpayers. He stated the inventory report history did not justify chariqinq curren.t code to accommodate a developer. Mr. Coyle stated his belief that when a councilmember had a conflict of interest that councilmember should abstain from votinq; and that any realtor would stand to gain financially from these proposed zoninq chanqes. R. C. tieinken, 375 Beach Road, stated he had addressed the Board of Adjustment on January 17, and the Village Council on May 3. He had been suthorized to speak for Beach Road in its entirety at tonight's meetinq by Kenneth York, President of the Beach Road Association which represents 17 buildings on Beach Road containing 542 residents. On behalf of Beach Road 1�Ir. Meinken expressed the feelinq that any changes in the ordinances and in the codes that are in existence, whether they be setbacks or height requirements, are in total opposition to �hat Beach Road residents want the Villaqe to undertake, and that Beach Road residents did not support an ordinance change of any kind. He stated the Beach Road residents want the Cliveden project developed the way it was approved by Council on May 3 and would fiqht very hard to keep 3t that way, and that Tequesta was not in competition with other cities or Palm Beach County. Jack Downey, 325 Beach Road, stated as President of Island House Southwest he had taken a poll of their 30 units to determine the residents' position concerning the existinq limited heiqht and the open parkinq for the Cliveden project. He reported the first 15 people he called all preferred increasinq the heiqht of the buildinq and that the parking be in covered qarages with landscapi.nq. He stated he wanted the Council to know the result from one group of the four involved'. J.K.R. Graveney, 19750 Beach Road, stated he represented Passages as their President, and their rfext-door neighbor, Mrs. Sendzimir. He stated they had no wish to be annexed and would not discuss it; that since Mrs. Sendz3.�ir had turned down an offer from 1Kason Simpson to purchase her property that l�Ir. Burckart's comment about annexation was � confusinq, and suspicious people might think Tequesta had a trio consistinq of Mr. Burckart, Mr. Divosta and Mason Simpson. ` village council special Meeting Minutes July 28, 1994 Paqe 6 �Iason Simpson stated he had not made an offer for Mrs. Sendzimir's property. Mr. Sim�on stated that, �peakinq as a professional, the nortb�rn part of the island need�d ta be in Tequesta to be able to use Villaqe services and currently under County regulations buildinqs there cauld be of unlimited heiqht. He explained a Conditional Dae B g�nait was granted by the. County Commission to construct a buf ldinq with no heiqht restrictions except those determined by setbackB, which would mean the Sendzimir property could currently have a buildinq over 20 stories tall. Other comments by Mr. Simpson included a statement that if he were allowed to build townhomes at the Cliveden pro ject that they would be built. Ed Hallberg, 350 Heach ltoad, requested clarification as to how the heiqht was detenained on the Cliveden project. 1Kr. Iiallberg stated h3.s belief that the buildinq was 97 feet high and the code stated 85 feet. Villaqe Manaqer Bradford explained the first floor and the elevator tower were typically not counted in determininq height. Mr. Hallberq stated his belief that since the side yard setback was 40 feet with an additional 2 feet added for each additional ten, even using the 85-ft. heiqht that the requirement �ould be 52 feet and not 50 feet as was approved. Mr. Hallberq requested clarification froa the Building Department as to how Cliveden had been deter�i.ned to be a conforminq property. l�ierv Crockett, 400 Beach Road, stated he was a 20-year resident who had been on the Tequesta Towers Board for 18 years, and his comments were in their behalf. Mr. Crockett stated they were opposed to any chanqe in zoninq that would - �rmit the construction of five townhouses. Brenda Sispson, 25 Saddleback Road, questioned�when the meetinq was held that authorized l�ir.� Meinken as representative to sgeak for all Beach Road residents. Steve Kennedy, Deputy Buildinq Official, stated that Building officfal Ladd had d+etermined the Cliveden property to be conforminq; however, since the criteria in the inventory study seemed to be contradictory he suqqested this matter be revisited. Councilme�ber Collings commented the study was a general study, while the issue of how heiqht and . setback had been deter�ined for Cliveden was a precise � viiiaqe councii special Keetinq Kinutes July 28, 1994 Paqe 7 matter; and recommended revisiting this matter. Councilman Capretta spoke reqardinq the Clivedeen proiect and etated the Beach Road resfdente had never bad ths choice of no condominium beinq builts their�choi were only in regard to the open or covered parkinq and whether to increase the height of the buildinq. He informed the public that the laws reqarding conflict of interest were very specific, and that data 3�ad not been seen to ind3cate Mr. Burckart has any conflict or hae been unethical in any way. Villaqe Attorney Randolph stated any member of the Council who has an issue which would inure to his personal financial gain should recuse himself from votinq on any such issue and in the event of such a conflict he is to declare that conflict at the public meetinq and file a financial disclosure statement and conflict of interest stateaent t�ith the Village which would qo to the State. Mr. Capretta stated unless a member of the public had proof that Mr. Burckart had acted unethically, he would appreciate them not maligning him. 1llfred Coyle stated he did not imply that Mr. Burckart had done anything unethical, but had stated that a member of the Council who was in the real estate business probably has a potential financial gain from approving this type of chanqe in the zoning code. Kr. Graveney stated after listeninq to Kr. Gapretta that he would like to withdraw his final remark. Kr. Heinken addressed comments to Mr. Capretta that the people at Lamar, 375 Beach Road, the immediate abutter to Cliveden, desired a 9-story building with open sir parking rather than a buildinq higher than their existinq buildinq. He stated Mr. DiVosta had pl$nned to build a twin tower, and the original purchasers based their purchases on that premise. He stated there had been rumors that an 11 or 12- story buildinq would enhance the value of existinq properties, and stated that statement was untrue, and that they had been told by real estate people that their property values would qo down. I�r. Si�pson stated the twin tower could not be built since two parking spaces per unit are now required and the site is physically not large enough for two spaces per unit, and that if it could be built he would be pleased to build it. ' Villaqe Council special Meetinq lriinutes July 28, 1994 Paqe 8 It was the consensu� of the Village Cour�cil that staff be directed to qather further information on determin3nq th� heiqht and setbacks in the R-3 zoninq district. Councilmember Schauer dfrected Deputy Buildinq Official Steven Kennedy to inform Buildinq Official Saott D. Ladd to include in his report whether or not on there is a manaqer�e apartment on the main level of every existing condo on Beach Road, and where the electrical facilities are located. Villaqe Attorney Randolph recapped that direction to staff was to produce a�ore complete and precise background report relating to the R-3 Zoning District to inclu8e ho� setbacks and height are measured on a practical basis to qive the Council a better understanding of how the ordinances are applied. Mayor Mackail stated at the original meeting regard�nq Cliveden his impression was Beach Road residents were anly ,opposed to the amount of time they had available to study the project and make coimnents, not that tliey were opposed to the actual project. Mayor Mackail stated the Village is in a lawsuit and he did not see a win for either the Village or the people who are suing the Villaqe, and felt the real � concern was the five potential�townhomes. He infor�ed the public that when the Council had asked for a special meetinq to try to work things out in a neighborly fashion there was � no support, therefore, he felt it imperative that staff provide more infor�ation and asked that they include information as to what would happen in the event of a disaster to conforminq and non-conforminq properties,. and the potential tax base that would be available for the Villaqe. Councilmember Collinqs asked that the Beach Road pro�rties which might anneu in the future be listed in the report with.heights, etc., and that the future anriexation impact�for all of Beach Road be stated. � Councilme�ber Capretta informed the public that the Council could not interfere with or reverse the decision by the Zoninq Board of Ad justmertt. V. CONSIDffitATIOA OF BID �RD F"OR THB V1�RIOIIS S� OF TSS COUNTRY CI�JB DRIVE PROrTHCT, � 1994 BOND ISSIIS PRQ.TECT �iVING DBSIC�iAT� F'ROC�S OF $172 , 000. ( Staf f Recommends Approval) ' village Council Special Meetinq Kinutes July 28, 1994 Paqe 9 l�i) ROADii�Y PAVZNG �O CO�IIlOrTITY �SPH�LT, IRC. IN T8B 1�OU�T OF $75,828.90 B) RO�Y STZtIPIAG TO FINS-LIII� 3TRIPII�G, INC. IN T8S �OD� OF $11, 725. 30 C) SIGNI�G$ CONSTRUGTIOI�i TO i�TILLIAI�I H. �!t)RPHY GSNBR�L CONTRl�►C'i'OR, INC. IN TH8 At�ODI�1T OF $5, 381.71 Councilmember Schauer questioned whether the remaininq $34,016.84 would be sufficient to cover landscapinq, liqhts, irriqation and miscellaneaus expenses. Villaqe Snqineer W. Richard Staudinger replied $8,000 had been earmarked for landscapinq, lights and irriqation around the sign, and any remaining funds were planned for additional landscapinq alonq Country Club Drive. 8e reported the solar streetliqhts would cost $3,000 each and that two would be necessary. The other option, FPL, would require easements, which were beinq investiqated. Village Manaqer Bradford responded to Council�ember Capretta that sidewalks were not part of this project and would be done at another time. Village &�qineer Staudinger stated all phases of this ' project should be started within t�ra weeks. Vill.age Manager Bradford stated possible uses that were beinq considered for any e�:ra money were additional landscapinq, improvement of bike paths, or to set it aside to use for other projects. l�iiot�on was sade by Cowticil���- Co113.ngs to �ove sheed w3th this project. �otion was secondec� by Councilmember schauer. The vote on the aotian was: Ron T. 1Kackail - for Slizabeth Schauer - for Barl L. Collings - for Joseph N. Capretta - for � The �otion was therefore passed and adopted. VI. GOIISIDffi2A'1'ION OF BID AWARDS TO TSS BRANG (70MPAi�iY, I1�TC. OF BOC� RAT�, FLORID�, IN THS �T OF $271, 865.77 F+OR T� RI;�RF1iTI�H �SSOCI1�iTI� WI� R'AS T�QIIS.ST.l! PSRK ��RO�SCT, AI�ID T�O FLORIDA DSSIC�T IRRYGaTIOA OF I.�ii� PPiRK, FIARIDl�, Il�i TSB �ODiI'P OF $11,344 FOR P�iG LOrP IRRIGATION SYSTBK; 1, 1994 BOIiD ISSUS P'RO►T�(.'P IIAVIIifG prROCS�S IN T� Pii�IOUId'P OF $330, 000. ( Staf f Reco�nends Approval ) Councilmember Schauer questioned staff proposal to eliminate ' viliage Council Special �Ieetinq l�iinutes July 28, 1994 Paqe 10 playqround equipment to keep the cost within the amowit allocated for this project. Villaqe Manaqer Bradford offered an option of usinq $25,000 which had been borrot�ed from the water Department instead of paying it back. T'he City Engineer urged the Council to decide Qn any chanqes a�s soon as possible. Villaqe Manaqer Bradford responded to Councilmember Collings that the idea of cost-sharinq with Martin County for Tequesta park was dead. Councilmember Capretta voiced concern that the parks would not be fu11y utilized, and felt somethinq must be done to manage Constitution Park and orqanize activities there. �Mayor Mackail stated JTAA would utilize Tequesta Park if there were enouqh playing fields and JTAA had requested that the Village make a conmitment to improve the irrigation system and the park to meet their requirements. Further discusaion revealed the least ex�nsive course of action would be to find the funds now to maximize the project as it �as designed. l+totion was aade by Councilie�ber Scbauer to award the bid to Br� ��P�Y. Inc. for the Recseation Iaprove�ta associated with Tequesta Park I�ovement Project in the a�unt of $296,865.7?, with the additional $25,000 to ca�e from those proceeds that �ere oriqinally to be paid to the Water Depart�ent. Hotion was seconded by llayor �ackail, who had passed the gavel to Council�e�ber Capretta. The vote � the �otion was: Ron T. l�ackail - for $lizabeth Schauer - for $arl L. Collinqs - for Joreph N. Capretta - for The motion ras therefore passed and adogted. VII. CONSIDffitATION OF PROFffiSION�I. SffitVICffi P�tOPOSI,L WITS GRB � JENS�N IH TIIB �+i0UI�1T OF $27,900 FOI2 SODTS FIARID� i�lAT�t 1�AtTAGffi�IT DISTRICT COACSPTQEL �PPROV�I. OF DBSIC�i. l�RD DREDGB/FILL Pffii1�iIT FOB TSS DOVSR DI'1�CH PROrT�i', HriVII�G l�i FY 1994 CAPIT�iL II�'ROV�IT FUND BDDGST l�iLIAC�i�iTIOR n� � �ou�r oF $ioo,000. (staff �o�as �rova�) Village Manager Bradford stated the Dover Ditch project had been discussed for a couple of years, and the Finance and ' villaqe Council . Special Meetinq Minutes July 28, 1994 Page il Administra,tion Committee hac� recommended not novinq torward with the project at this time because of ttle number of unknoivn items aaeociated with it, but to move forward�with the concept desiqn and with a manqrove mitigation pes�it because of the length o� time it would take to obtain the permit. In response to Mayor Mackail, Villaqe Manaqer Bradford stated Jupiter had 3nquired this spring what Tequesta was doinq regarding Dover Ditch, and had indicat� that they would be in a better position to pay their fair share after their storm water utility wae underway, �o th�t • they 'could respond without using their General Fund. The City Engineer stated he had talked wfth Jupiter regardinq the culverts Tequesta was installinq and they appeared to be in favor of those; that Tequesta's share of the cost would be 76$ and Jupiter's share 24$, and that Tequesta had applied for a cost-sharinq grant from the South Florida Water Manaqement District. l�iotion was �ade by Counci? merA�*- Cbllinqs to approve the Prof�sional Services Proposal with Gee � Jenson in the aio�uit of $27, 900 as described above. l�otia� was sec�nd�ed by C01u1C�� ���*' Schauer. The vote on the aotion was: Ron T. l�fackail - fa►r Blizabeth Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for The �tion was therefore passed and adopted. *VIII. CONSIDLRATION OF DB�SIGNATION OF VILI.AGS PROPffiM'Y AS SORPLIIS, PDRSU�11'r �O SECTION 3. 02 ( 8) OF � VILL�GB C�R`Pffit. ( Staf f Recammends Approval) A) 1988 Crovn Victoria Police Car � lSileaqe: 96,216 VIN# 2FaBP72GXJX163318 B) 1989 C'hevtolet Celebrity Police Car gileaqe: 70,821 . VIN# : 3G�l�Tii51A4iQ�S523979 C) Yale Tt� ( 2) Ton Bl.ectric 120V Soi.st, l�odel 1�2-1OP72, Serisl Zio. K134993D D) Snapper Ridinq l�ower, 11 H.P.; godel No. 331145, Serial Iio. 33105330, VOT Property Control No. TT�T-109 $� (2so) usea water �ete�rs - Trade �a�.ne �3.as - $ia.00 � Village Council Special Keetinq Minutes July 28, 1994 Paqe 12 � �iotion wae made by Councila�ember Collinqs to approve Cansent Ites VIII. lfotion �ae s�nded by Council�e�ber Schauer. The vote on the aotioa �as: Ron T. liackail - for Blizab�th Schauer - for $arl L. Collinqs - for Joseph l�. Capretta - for The �otion was therefore passed and adopted. IX. ORDINANCE - S$tA1�D READII�G - A��NDING � 17 OF THS COD$ �F ORDINANC$3, TA]�S, 1,T S$GTIOB 17-16, INQtB,ri.SI1�G Tf,� o�rrt.i�r s�vic$ ma� �x �c�r p�r ( 8� ) To xn� p� ( 9$ ): PROVIDING FOR SSVffit�iBII.ITY; PI20VIDING F�R R$PBaL OF ORDIN�iNC83 IN COl+IFZICP: PROVIDING FOR �70DIFIC�TION; PROVIDING AN BFFSCTIVE D�TB. (Staff Recommends Approval) Village Attorney Randolph read the above ordinance by title only on second readinq. In response to Councilmember Collings' question as to what this increase would be in dollars to the average homeowner, Village Manaqer Bradford replied that he did not know the amount for an averaqe electric bill, however using his ovn as an example, it would increase by approximately $1.20 per month. He stated the Villaqe would receive approximately $57,000 per annum. Kotion was made by Councilmember Schauer to approve Ordinance A�endinq Chapter 17 of the Code of Oirdinances, Taxes, at Seation 17-16 as referenced above. l�otion was � seconded by Council,eaber Collings. The vote on the sotion was: Ron T. liackail - for Flizabeth Schauer - for Barl L. Collings - for Joseph N. Capretta - for The aotion was therefore passed a�d adopted. X. ORDIN2iNCE - THIRD RE�DING - t�tB�iTIIiG � VILT�AGS CODB CH�iPR'SR TO BE ENTITLSD II9P1�iC'P FESS: L$VYING I�ACT FB�S FOR FIRE- � RESCO$ SffitVICE.S ON l�l OONSTRII(.`PION AITS�N TSB VILI.�iGR; ST�TING THB l�iPPLICABILITY OF SIICH FBBS `1�0 1�LL � ` Village Council special Keetinq �inutes ` July 28, 1994 Paqe 13 CONSTRIICTION 3QBJSCT �0 CBR'P1�iIN EXCSPTIONS: PROVIDIMG FOR DST�TION l�ND RBVI� OF I�I�iCT FgS �UNTS �RY O� YBI�IR 1�ND FOR HaS� O�f WST IA� i �2'aBLISHZNG � SCBSDIILB F�t Il1PACT FSB3: PROVIDING Ft�R PAYl�N'P OF SQt� FEBS II�SS l�il�i IN KI1�iD t�ONTRIBtITION IS 1�CGBPTED BY TAE VII�iGS aCDNCIL': CRB1�iTING CaPITAL �PlilNSlOI� TRIIST FONDS FOR FIR$-RSSt�1S SffitVICE.S: RSQIIIRING DBPOSI'P OF II+�ACT F�R.S IN T�IS APPROPRI1�iTS TRII� FOND: LII�IITII�iG TH8 U9E OF �IODNTS IN SQQi TRIIST FO11Di RSQDIRING � PRBP�TION 1�il�D lrll�ill�ITEN�it�TCS OF TAE C�PIT�L ffiLPANSION PI.l�il�i F'�R TH8 TBIIST FUND; FSTABI.ISSIl+TG TI� FoOR PllYl�iT OF SOCB FSSS; PROffiBITIItG ISSU!►FCS OF BOILD� Pffit�iITS T�IITSODT P1,Yl�NT OF 1�iI�L F�S: PROVIDIZTG �'�R SBVBRABILITY: P�tOVIDING FOR RBPBiL OF ORDINANCBS I�T O�NFLICT: 1�ROVIDING F`OR t�DIFIC�TION; PROVIDING �i EFFBCTIVB Dl�TB. (Staff Recommends Approval) Village Attorney Randolph read the above ordinance by title only on third reading. Councilmember Collinqs stated he was in favor of the suggested minimum amount of impact fees; however, he questioned whether the Village•s Fire-Rescue department was operatinq for less than the Villaqe had paid under the County's program. Villaqe Manager Bradford assured Councilmember Collings that Fire-Rescue was operatinq for Iess, and that the proposed impact fee was to help offset future capital expansion; and he recommended at a minimum the Village charge what the (:ounty currently charqes, which was also the recommendation of the BOCC. Fire Chief Weinand commented the schedule was common from city to city and that he was trying to bring Tequesta up to what other cities were charging. Council�ember Collings clarified that if passed this Ordinance could be amended at any time, and if passed at the rates charged by the Courity Tequesta would have the mechanics in action and stated his reluctance at this point to dramatically increase impact fees to the three developers who are interested in the downtown redevelopment project. Councilman Capretta commented if the funds did not come from new construction that the current residents would have to provide them. Village Manaqer Bradford informed the Council that when the f igures were available for Polfce and Rec�reation impact fees that he expected the Recreation impact fees to be reduced, and that the Council could a�end Fire-Rescue impact fee amounts when all those fiqures became available. Further discussion included the points that additional fire and police services would be needed when the downtown project ` village Council Special Neeting Kinutes July 28, 1994 ' Paqe 14 ------ ----------------------- wa� completed, that annexation would come before the voter�s in March, 1995, and that new development needed an incentive to coIDe to Tequesta. Hal Hutchinson commented that a developer may pay initially but the person who purchases the property w311 really pay. 1rlotion was made by Councilmember Collinqs to approve cl�at�ges to the above referenc�d Ordinance to reflect that i�pact fees would be kept at the s�e amounts Pala Beach County is currently charginq (aa noted in l�ir. Bradford•s memo dated July 22, 1994j fraa Donald Ross Road Tequesta•s soath boundary. l�ation was second�l by Councilmember Capretta. Villaqe Attorney Randolgh advised that this iten could not be approved at tonight's seetinq since all of sect�.o� 4 would need to be rewritten, and that the ordinance could be voted on at the next Villaqe Council �etinq. The vote on the �otion Was: Ron T. Mackail - for Slizabeth Schauer - for Sarl L. Collinqs - for Joseph N. Capretta - for The motion �iras therefore passed and adopted. XI. RESOLDTIOH 1�T0. 21-93/94 - IN OPFOSITION �O CASINO TYPS GAI�BLING IN TE$ STATB OF FIARID�. ( Staf f Reca�ends Approval) Village Attorney Randolph read Resolution No. 21-93/94 by title only. l�totion was �ade by Counci].�ember Schauer to approve Resolution Ro. 21-93/94. l�otion was seconded by Councilme�ber Collinqs. The vote on the �tion was: Ron T. lsackail - for Slizabeth Schauer - for Earl L. Collinqs - for , Josep� 8. Capretta - for The notion was therefore passed and adogt�. _ " Village Council Special Keetinq Kinutes July 28, 1994 Peqe 15 ------------------------------- XII. FiNY OTAEtt Ml�TTSRS Councilmember Collinqs asked the Council, on behalf of BRI�, if the $5,000 donation budgeted for fiscal year 94-95 could be made to BRI� now, in this fiscal year, as it was needed for the new company cominq in for their next production session. It was the consensus of the Village Council to instruct Villaqe Manaqer Bradford to make chanqes to the budqet documents in order to contribute $5,000 to BRITT immediately fnstead of makinq a$5,000 contribution from next year�s budget. Village Manager Bradford discussed salt water intrusion problems experienced by the Hobe Sound Water Company, and explained that he had contacted them and offered Tequesta's help. A meetinq �ith their representatives that morninq had resulted in a possible short-term emergency interconnect on US 1 or on Beach Road to allow Hobe Sound to purchase � additional water that could come via interconnects of water systems from as far south as Seacoast IItility t�hich may currently have excess capacity. Also, Hobe Sound was very interested in pursuing all options for a joint venture with Tequesta to obtain a new reverse osnosis facility to serve both systems, and had been authorized by Villaqe Manaqer Bradford to begin talks with Tequesta�s engineers to see if this could be made feasible to the satis€action of both municipalities. xiii COl�II�iONICATIONS FROIi CITIZSNS Dottie Ca�pbell, 4 Tradewinds Circle, requested and received permission from the Council to have the artist, Osso, who had oriqinally created the paintinq t�hich hanqs on the t�rall behind the Council platform paint an overlay to chanqe the brown tones to blues and grays, and to change the brown frames of the other drawings to more appropriate colors to. blend with the colors not�t used in the Council chambers. Mrs. Campbell also requested and recei�ed permission from the Council to donate a 4'x 6' historically correct picture that had been delegated to a hallway in the Municipal Annex Complex to the Loxahatchee 8istorical Muse�. Mrs. Campbell responded favorably to Mayor Mackail's request that she look into some sort of rotating art exhibit for the Municipal Council Chambers. � r • Villaqe Council Special Meetinq Minutes July 28, 1994 � Paqe 16 ------------------------------- XIV . 2iDJOURNl�EIdT Councilae�ber Collinqs moved that the meetinq be adjourned. Council�ember Capretta seconded the �otion. The vote on the �otion was: Ron T. l�iackail - for Willia� B. Burckart - for Earl L. Collinqs - for Joseph N. Capretta. - for The motion �ras therefore passed and adopted and the�meetinq was adjourned at 9:26 P.l�i. Respectfully submitted, Betty Laur Recording Secretary A�EST : Joann Manganiello Village Clerk DATE APPROVED: e