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Home My WebLink AboutDocumentation_Regular_Tab 06B_09/22/1994 � , ,� , VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Toquesta Dnive '; , Tequesta. Florida 33469-0273 • (407) 575-6200 ; � Fax: (40'n 575-6203 0 � t� C + � M VILLAGE OF TEQUESTA � IACAL P G AGENCY PUBLIC � G MINUTES AUGUST 30, 1994 I. C1iiLL TO ORDER PiI�ID ROLL CALL The Tequesta Village Council sittinq as the Local Planninq agency held a Public 8earinq at the Villaqe 8a11, 357 Tequesta Drive, Tequesta, Florida, on Tuesday, Auqust 30, 1994. The meeting was called to order at 7:00 P.M. by l�ayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Council members present were: 1rlayor Ron T. Mackail, Vice Mayor William E . Burckart, Elizabeth !,. Schauer, Earl L. Collings, and Joseph N. Capretta. Also in attendance were: Villaqe Manager Thomas G. Bradford, Village Clerk Joann Manqaniello, Department Heads, and Village Attorney John C. Randolph. II. I1�IV0�'.�i'PIOH �iI1D PLEDG$ OF �I.LI�GIl�iIiCS �+tayor Ron T. Mackail qave the Invocation and led those in attendance in the Pledqe of l�lZeqiance to the Pi�erican Flaq. III. PIIB,LIC HBaRI1�iG ' A) Consideration of Proposed Comprehensive Plan Amend�ent (Text and l�ap Changes) Pursuant to Chapter 163.3161, Et. Seq., Florida Statutes, and Transmittal to the State of Florida Department of Co�munity l,ffairs 1) Review and Discussion of Proposed Comprehensive Plan �endment: � . Scott D. Ladd, Buildinq Official, acting in his capacity as Comprehensive Planninq Coordinator, explained that the proposed Co�prehensive Plan l�mendments were the resnit of the villaqe Council's • request to chanqe the roadway classificatian for Country Club Drive and Se�brook Road froa nrban collectors to alimited neiqhborhood access" streets Itecycled Payrr . Local Planninq Agency Meeting �inutes Auqust 30, 1994 . Paqe 2 ------------------------------- in order to give the Village local control. The proposed amendmenta required chanqe� to the Tragfic Circulation el�ment, Interqovernmental Coordinati� eleaent, and the Capital Improvesents element of the Comprehensive Development Plan; changes and updates to the Traffic Circulation element of the Support Documentation; and chanqes to the Existinq Traffic Circulation Map and the Future Traffic Circulation Map. The proposed amendments were distributed to Palm Beach County, Town of Jupiter, Northern Palm Beach Cour�ty Water Control District, South Florida Water 1Kanaqe�ent District, , Loxahatchee River District (SNCON) and the Palm Beach County School Board in accordance with the Palm Beach Countywide Intergovernmental Coordination Program, all of which had submitted letters of pno objection• to the proposed amendments. �t this Public Hearinq, the IACal Planninq Aqency was required to review the amendments and, if approved, recommend to Villaqe Council transmittal of the proposed amended Comprehensive Plan to Tallahassee to the Department ' of Community Affairs. In response to Councilmember Schauer, Mr. Ladd explained that all chanqes to the elements were identified by hiqhliqhts and underlines. Councilaember Collings questioned the change in the width of Old Dixie from the existinq to the futwre traffic cireulation �aps. l�ir. Ladd explained. those changes had been nade in the past when plans to change Old Dixie had been considered; � however, the only chatiges made in the maps �or the current amendments were to add the designation of "Limited Neiqhborhood Access Street� to� Country Clnb prive aad. � to Seabrook . R�d, an+d the identification sy�bols. Cotu�cf3`��t+a* Cgp�-gtta eerif ied that the p�urpose of the c�anqes was to provide local control of speed limits, and local traffic flows. Jack Horni�an, Villaqe Planninq Consultant, clarified that the proposed a�end�nts wauld remove Country Club Drive and Seabrook Road from the State review process, and qive the villaqe local control. 1Kr. Horniman verified that the road would remain two paved lanes with 15 feet on either side for landscapinq and utilities. 1Kr. Horniman's response to Mayor Mackail's concern of how future qrowth or Local Planning Agency Meeting Minutes Auqust 30, 1994 Paqe 3 ------------------------------- annexation which would affect level of service would be handled was that the proposed change to the fntergovernmental coordina#ion element Btated � that subject to any develop�aents that could have a potential impact on these roads that the Villaqe would have to secure interlocal aqreement�s that would spell out what the impacts would be and who would bear the expense of those impacts. Therefore, if Martin County were to approve a development that would put a traffic load onto Country Club Drive that would exceed the adopted level of service, the Village would have adopted standards in their Comprehensive Plan that would allo� them to object. Vice Mayor Burckart questioned whether the Village would have any real power to force cooperation by Martin County to which Mr. Horniman replied the proposed amendments would qive the Village standirig in their Comprehensive Plan to object or if necessary to gursue leqal action. vice Mayor Burckart also questioned whether the Village would have to utprove the roads if traffic increased above the adopted level of service �ithout a new development by Martin County, to which Mr. Horniman responded that traffic projections showed the Villaqe would be well within the level of service. Villaqe l�ianaqer Bradford responded to Mr. Collinqs that there would be no chanqe in the maintenance . responsibilities for these roads. 2) Review of Proposed Resolution No. 22-93/94: Villaqe Attorney Randolph explained that the Resolntion would be considered at the next �eetinq� and that aqenda item 3) Local Plannir� Aqency aad P�lic Comments had been co�leted. 4) Local Planninq Aqency Reconm�endation to the � Villaqe Council Regarding Resolution No. 22-93/94 and the Proposed Comprehensive Plan Amendnent: Eounci ��►*' Co113.nqs zoved ttlat the =odif icat3.o� t�o the Compreri,easive Plan be agpza�ved and reco�ed that the Villaqe �il adopt those cha�ges and also �ved to set the date for the next Public Hearinq as Sep�te�ber Z2, 1994 � at 7 P.H. Counci��r Schaner seconded the motion. T�e vote on the aotion was: Local Planning Aqency Meeting Minutes Auqust 30, 1994 Paqe 4 . � ------------------------------- R,�n T. Mackail - for iiilliaa S. H�rekart - for Blizabeth 1�. Schauer - for $arl L. Collings - for Joseph Zi. Capretta - for � The motion was therefore passed and adopted. IV . 1�iDJODRNlSENT vice lYiayor Burckart aoved that the aeetinq be adjourned. Counci��r Collinqs seconded the sotion. The vote on the �otion was: Ron T. l�ackail - for f�lillia� B. Burckart - for $lizabeth �. Schauer - for Sarl L. Colli.ngs - for Joseph N. Capretta - for the �tion was therefore passed and adopted and the seetinq was adjourned at 7:Z? P.H. Respectfully submitted, � . Betty Laur Recording Secretary ATTEST: � Joann Manqaniello V311aqe Clerk , � DATE APPROVED: � , � , VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive ' '• Tcqucsta. Florida 33469-0273 • (40n 575-6200 �' f � o � Fax: (407) 575-b203 ��`" ` "`� v VILI.AGE OF TEQUESTA VILLAGE COUNCIL � MEETING , S AUGUST 30,1994 I. C�IS. �O ORDER PitiD ROLL GIS. � The Tequesta Villaqe Council held a reqularly scheduled meetinq at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Tuesday, August 30, �1994. The meetinq was called to order at 7:28 P.lri. by Mayor Ron T. t+taackail. A � roll call �as taken by Betty Laur, Recordinq Secretary. Council members present were: Mayor Ron T. Mackail, Vice Mayor William E. Burckart, Elizabeth A. Schauer, Earl L. Collings, and Joseph N. Capretta. Also in attendance were: Villaqe Manager Thomas G. Hradford, Villaqe Clerk Joann Manqaniello, Department Heads, and Villaqe Attorney John C. Randolph. II. APPROVAL OF �Gffi�DA Counci��r Collinqs soved that the l,qenda be approved as . sub�itted. Coimci� ��r Schauer seconded the a�tion. The vote on the zotion w�ss: � Roa T. �ackail - for i�illias B. �art - for Elizabeth �. Schauer - �or $arl L. Colling� - for � Joseph R. Capretta - for The �otion was therefore passed and adopted and the �genda was approv�d as su�itted. Mayor ldi�ckail inquired whether any of the Cotincil �eabers would like to discuss items under Agenda Ite� I8, Any Other Matters. The followinq ite�s were submitted: Councilmember Schauer: • Constitution Park • Interlocal Agreement with School Board • Memo dated 7/28/94 froa Villaqe Manaqer Bradford to tlie Village Council Councilmember Capretta: Kecycled Pnpe� Village Council Keetinq Kinutes �uqust 30, 1994 Paqe 2 ------------------------------- • Use of Auxiliary Police Mayor Mackail: • Juvenile Service Proqram • Meetinq with ENCON � Councilmember Collinqs moved that the above iteas be added to the Agenda under Itea IX, Any Other lriatters. Counci��m�r Schauer seconded the �tion. The vote on the sotion was: Ron T. 1rlackail - for Williai E. Burckart - for Elizabeth A. Schauer - for Earl L. Collinqs - for Joseph N . Capretta - for � The �otion was therefore passed and adopted. III. CONSBNT 1�iG$NDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one �otion. IV. APPROVaL OF lYiIIIUTBS AND RBPOlt'1'S *A) Code Enforcement Board; June 7, 1994; *B) Community Appearance Board; June.29, 1994; *C) Community Appesrance Board; Ju1Y 6, 1994; *D) Tree Board; April 7, 1994; *E) Village Council Meetinq; July 14, 1994; *F) Special Village Council l�ieetinq; July 28, 1994; *G) Villaqe Kanaqer's Report; Ju1y 11 - August 26, 1994 �ayor �ackail re�d Consent rugenda iteas to be approved: Itea IV: Il, B, C, D, $, F, G, Ites VII: B, C a�d $. Council�e�ber Schauer �ved that the Consent �genda be approved as read by �ayor l�ackail . �i� �_� Colli.nqs seco�ed the iotion. The vote on the �o�tion was: Ron T. I�ackail - for wiiiias $. Burckart - fOr $lizabeth a. Schauer - for. Earl L. Collinqs - for Joseph N. Capretta - for Villaqe Council Keetinq Minutes August 30, 1994 • Paqe 3 ------------------------------- The mot,ion was therefore passed and adopted and the Consent Aqenda was approved as read. V . COI�IIKI'1'i'SE RSPOItTS - A) Public Works Co�mittee; July 11, 1994: Village Manager Bradford reported the Public Works Committee members, Mr. Collinqs and Ms. Schauer, reviewed tentative design proposals for the Country Club Drive landscapinq median and entrance signs at the Martin County border, curb radius chanqes at the intersection of Tequesta Drive and Country Club Drive, and made changes based on input from residents, which were subsequently approved by Village Council. Villaqe Engineer Richard Staudinger reported that the asphalt overlay work on Country Club Drive was scheduled for September 15 and 16, and liqhtinq, landscaping, and striping were anticipated to be completed mid October. B) Redevelop�ent Co�ittee; July 22, 1994: Village Manaqer Bradford reported l�ir. �enjamin as representative of the Christopher's Village Foundation urqed the committee to recom�end to the Council the institution of a Community Redevelopment Aqency. Discussion included pros and cons of tax increment ' financinq and feasibility of cost estimates of the CVF • proposal. Mr. Capretta summarized the alternatives-- to accept Mr. Benjamin's plan, to qo with another developer like Mr, DiVosta who wants to be left alone to build downtown, or to qo wft1� Mr. Van Brock who would build a more traditional develogment. The committee recommended to the Council that September 22 � � the deadline for determininq the location of the North County Branch Library. No recommendation was given on the establishment of a CRA. Mr. Capretta commented that since many decisions needed to be made that were interactive, the first step should be to collect all the data to be considered by the Redevelopment Committee at a meeting later in September in order to make a recommendation to the Village Council. Mr. Bradford observed that Villaqe Council Meetinq Kinutes . �uqust 30, 1994 Paqe 4 --------------------- ------- De�ember 1 waa the deadline date set by the County !or a decision on the 13brary location, and the septe�ber 22 deadline should qive a�ple time for requirements to be met. Public Safety Co�ittee; July 27, 1994: Village Manaqer Bradford reported the committee recommended that the Villaqe help Jupiter in explorinq their Fire-Rescue option�, possibly to form a 3oint service with Palm Beach Gardens, or ideally a North County regional service. Villaqe l�ianaqer Bradford connnented that at the committee's direction he had �et with Jupiter Hospital and with North County Ambulance Service and they had stated they would loan ambulances to the Villaqe until they could secaire their c�m, which l�r. Bradford would seek to qet in �ritinq. l�r. Bradford stated upon approval by the Council he would carry out the committee's direction that he write a letter to Mr. Brice requestinq that he vacate Station 11 and seek to_ obtain a date of release in writinq. Vice Mayor Burckart observed since Jupiter Hospital had picked up North County for nothing that Tequesta miqht do the same. Also discussed were the ramifications of Pal� Heach County assumption of 1�iIS transport, one of which was the necessity that Tequesta apply for a� license to protect the Villaqe in the event that the County wonld assume transport and that North County l�mbulance would qo out of business. Fire Chief Weinand reported he could file that application upon Council approval of thi6 rBj�Ort. �� - - `�'.�� . ? � ,_3 , � .3�,�`� :;�;-,+ . . � - - --�<>� �;;:�;�;:= The com�ittee had discussed the Park �a�.k end �alk proqram and had directed Police Chief Roderick tbat officers were to have sore contact with Tequesta residents by qetting out of their vehicles to talk with the resid�nts. The com�ittee had also requested that Chief Roderick look into an �rplorer prograa to co-minqle with a Care prograa ae i�plemented in Lantana. The committee reviewed the reserve officer progra� implemented by the Police Chief; decided �t to obtain stationary radar for Country Club Drive; recommended the Tequesta thru truck ordinance be modified to make more specific where delivery of qoods Villaqe Council Keetinq Minutes �uqust 30, 1994 Paqe 5 ��N �M�� can qccur whereby truck driver� can continue to usa Country Ciub Drive; rejected the smart Trailer Speed Indicator; recommended purchase of traffic counter cards to collect traffic data; rejected an offer ftrnn a cellular telephone comp�ny to construct a 160� to 220' hiqh tower on Tequesta property on which the Villaqe would be able to place their antenna; and looked at the three-tier approach to a Hartin County request for mutual aid relative to police services atith the recommendation that a proposal be subsitted to Martin County coverinq 24 hours per day service to Turtle Creek and another proposal coverinq 2 shifts per day for Turtle Creek and calculate wliether Martin County's Turtle Creek tax base would be able to cover four extra people for 24-hour police coveraqe in • Turtle Creek. ' Councilmember Capretta requested that the Police Chief form and implement plans to utilize the auxiliary police in assiqnments such as traffic control on Country Club Drive rather than only as a backup to the reqular police force, and to report on those plans at the next Public Safety Com�ittee �eetinq. Counai� ��r Coll].nqs �oved that ttle t� Co�ittee reports referenc:ed abave be approved. Douncilaeaber Schauer second�ed the �otion. The vote on the aotioa ras: R+�n T. l�ac�sil - for. Ti�illias S. Burckart - for $lizabeth �. Schauer - for Barl L. Cbllings - for Jo�eph �. Capretta :_ - for �e a�tion �as therefore pa�sed and adoptred. VI. DSVSIAP�T !l�TTffit3 � !�) SketGh PlaII Review fo=' �� COV@� � a PropoBed 13- Lat 8esidential Sobdivision S�ast of c�tevron and south of Waterway Villaqe. �licant Gordon Rip�a� � President, Florida Trend Develop�ent Corporation. Scott D. Ladd, Building Official, stated the applicant, l�ir. Ripma, had proposed a new 13-lot Villaqe Council Meetinq Minutes � �iuqust 30, 1994 � Paqe 6 � -----------��______ --- residential subdivision to be called Coconut Cave lccated within Tequeeta east of Chevron and south of Watesway villaqe, and bordered by the Coast Guard property on the south; and was present for the 3ketch Plan Review, which was the first step in the subdivision review process. t�tr. Ladd explained that waivers under the subdivision requlations to the standard 60-foot road riqht-of-way and to cul-de-sac lenqth were requested which would require Council � approval, and that the applicant did have a deeded access from Chevron allowinq for a modified openinq. � Mr. Ripma's intent was to dedicate the road to the Village. Mr. Ladd explained that there were stated variances on the plans that would fall under the jurisdictian of the Board of Adjustment if Mr. Ripma chose to use different setbacks or buildinq heiqhts. The applicant had also provided an 11-lot layout for discussion purposes. At the request of Mayor Mackail, Building Official Ladd explained the taro requested �aivers. The first waiver was to allow a total 35-foot road riqht-of-way, of which 20 feet would be paved and 15 feet would accom�ociate utilities and a 5-foot �ide eidewalk. The second waiver requested was that the cul-de-sac be 850 feet in length, rather than the 400 feet allowed by code. Because of this, review by service providers had been requested earlier than normal in the approval process to be sure that emerqency and service vehicles would have no problems with the requested footages. 1Kr. Ripma addressed the Council and explained he had., presented two different sketch �lans s�.nce he did�� yet know the sarket for the lots. The 13-lot plan�� would have 11 dry lots � and tt�' 75-foot wide lots on the vater, and the 11-lot plan would have 9 dry lots and two stagqered lots on the water. 1Kr. Ripma hoped to gain approval for both plans knowing he could plat only one, and to be able to deter�ine the market and decide which plan to use after sketch plan approval by the Village Cauncil. In respo�e to l�c. Collinqs, �c. Ripma� explained that althouqh he hoped to be the builder for ho�es on these lots that purchasers would be free to choose any bnilder, and anticigated the value of the finished prodnct to be $250,000+. Councilmember.Schauer commented she liked the concept village Council Keetinq Kinutea �ugust 30, 1994 Paqe 7 ---------------------- ------ of quarterly asaessments and the fact that an architecturai control committee would be in plaae after the development was finished. Ir► response to Mr. Collinq•s question reqardinq drainaqe, l�tir. Ripma responded that all of the run-off from the road and the roofs of the houses must be contained and that a preliminary study had been done showing that this was possible. Villaqe Attorney Randolph received clarification from Buildinq Official Ladd that variances that aiiqht be requested from the B�rd of Adjustment �ere not subject to this sketch plan approval. Vice Mayor Burckart stated his opposition to the road riqht-of-way beinq less than 50 feet, and suggested 80' x 100' lots to accomplish a 50-foot riqht-of-way with 24 feet paved; and voiced concern over the drainaqe and environmental impact. Buildinq Official Ladd responded that an environmerital study would be done as well as a complete review by the Village Enqineer of the infrastructure gaving, drainaqe, and on-site retention since these were required for the Preliminary Plat Revfew. Villaqe 1rlanager Bradford voiced concern that 20 feet of paved area miqht not meet FDO'P requirenents. 1�Ir. Ripma clarified that t8e paved area would be maintained by the Village and the additional portions of the riqht- of-way would be maintained by the association. l�r. Ripma explained to 1Kr. Brad�ord that the ingress/eqress easement fro� Chevron was needed since the existinq 32.80-foot opening onto Cove Road was too small, therefore Chevron would dedicate a 35-foot radius off of their property•s northeast corner which would allow a 67.80-foot riqht-of-�ay qoinq into the property. Rather th�ta: �;; have the gaved rfqht-o�.;� :-�l < that was d�dicated to� _the viliaqe �ossinq over _��tfi . easement, Villaqe I�Eanaqer Bradford, qu�3tion�d vhether there would be a way to have all of the paved area on . land owned by the applicant so that this, at a minimum, could be dedicated to the Villaqe in order to avoid any future problens, and �tr. Ripma aqreed that conld be done. Councilmember Schauer verified with Fire Chief Weinand that the 13-lot plan would provide rooa for emerqency - vehicles however the 11-lot plan miqht not. In response to �Iayor 1Kackail's concern that the paved riqhtrof-way should be more than 20 feet, Building Official Ladd responded that the benefit to the Villaqe of granting a 35-foot riqht-of- villaqe council Meetinq Minutes �uqust 30, 1994 Paqe 8 , way with the applicant maintaininq both sides 3neludinq the wall and landscapinq, the unique.entry feature, the landscapinq in the cul-de-sac, and the Village maintain3nq only the paved area, would be, a tremendous tax base on the larqer lots, and requiring more footaqe for road would decrease that tax base. Mayor Mackail stated it was his understandinq that only way for a homeowners association to work within the law �ae to have the owners of the property siqn the covenants when they purchase the property, which l�ir. Ripma agreed to do. Buildinq Official Ladd stated all concerns expressed would be addressed in the Developer's Aqreement. Councilmember Capretta reminded the Council that small pockets of land within the Villaqe have been sittinq idle for many years and producinq no income, and expressed his position that cooperation with a developer with a unique application should be encouraqed rather than trying to standardize the project which miqht make a project econonically unfeasible for the developer. Villaqe Manaqer Bradford informed Mr. Ripma that the City Enqineer had stated his organization wauld not approve the use of pervious concrete, to which l�r. Ripma replied that drainaqe could be accomplished with� its use. Vice � 1Kayor Burckart stated he still felt strongly that a 50-ft. riqht-of-way was needed and that the entrance should be dedicated with the right-of-way. ' Cow�lai Collirtqs �Sde a aot3on to 8p�rov�e the CoconIIt Cove �Ch Plan �e�ri�t for ..the 13-lat p�a�t. l�o�ti,arn � sec�nded �- by cbun�cil� caproe�tta. ~.1lfilage att� Ret�iph aske� for clarificati� wl�tl�er ths aotfon t�ooac care of t�e entrance to �l�e sure that there is e�gh road�ay dedicated t�o the Villaqe at tt�e entranve. Coiuicil�be= Collinqs stated he wonld incl�de tbat in his =otion. �ou�ila�eaber Capretta stat�d bis s�a►nd still � stood. 'The gayor called for the vote. , Cou�f � t��*' Schaner asked for clarif ication of the �otia�. villaqe attorney Randolph stated, *Yon are votinq on only one of the proposals and tt�at is the 13-lot propo�al, a�d there was a concern expressed by the Villaqe I�Ianaqer over the villaqe acceptinq a plat the entrance over which the Villaqe Council I+ieetinq l�inutes �uqust 30, 1994 Paqa 9 Villaqe doesn�t hava control because it �as qoinq to De an easeae� tr� C�e�vron. so, it is �inq to be approved, subject ao�ever, to tnat entranceway beingraedicatea to tbe Villaqe, to the publfc." � � In response to Buildinq Official Ladd's request for clarification for I�lr. Ripma, Villaqe Manager Bradford stated that the minimum requirement at the entrance would be that the land upon which the pavement sits would be owned by the applicant and dedicated to the Villaqe of Teguesta. Dottie Campbell asked what the current minimum roadway requirement was to which Building Official Ladd responded that it was now 60 feet, however the amended Comprehensive Plan would change it to 40 feet. Village Manaqer Bradford clarified that the paved surface would be asphalt. The vote on the aotion was: Ron T. �ackail ° - for Willia� S. Burckart - for $lizabeth �. Schauer - for garl L. Collinqs - for Josep� H. Capretta - for The motion was therefare passed and adopted. B) Final Plst Review and �pproval for �so�r lsan�or, a 10- lot �niti-Fa�tly Tvwnha�e Proiect, 479 Teqaesta nrive. Applicants Eddie and IYionica l�lrsour, �our Builder�. Buildinq Official Ladd explained the applicants had elect�d to plan ten . ,f� B le lots upo�t ;�tch =�;ten townho�es would sit, w3.th var ous parc�ls around tho�e lots which t�ould be �on areas o�wned by all ten owners such as the pool area, landscaped areas, sign areas, d�ter areas, driveways, etc. Because more than tbree lots were being created per v3.11aqe regulations, the Village requested they plat ten fee simple lots. Councilmember Schauer co�ented the last time Kr. l�irmour appeared before the Cou»cil she had requested he approach his neighbors.across the street to hook up to Villaqe sewer and water which he had done, and therefore extended her comgliments. 1�Iation was �ade by Councilme��r Schaner to approve viiiaqe councii � lteetinq Kinutes August 30, 1994 Paqe 10 --------------- ---- ------ the Finsl Plat Review !or �rsour l�anor. l�otion vas seconded by Co�uicilae�ber Coliinqs. Tba vate on the aotion was: Ron T. Mackail - for Willia� B. Burckart - for Slizabeth �. Schauer - for Earl L. Collinqs - for Josep� K. Capretta - for •The sotion was therefore passed and adopted. VII. NEW BIISINffiS A) Resolution No. 22-93/94 - Proposinq to Transmit to the State of Florida Depart�ent of C�o�trunity l,ffairs, an �en�ent to the Co�prehensive Plan �dopted October 12, 1989, as i�iiended, i�iutboriziaq the villaqe lianaqer to Tr$n��; t the Plan Amendsent to the Depart�ent of Conounity �ffairs for Review Pursua� to Chapter 163, Florida Statutes. (Staff reco�ends approval). Villaqe Attorney Randolph explained that since action on this resolution was not appropriate until after the second Pablic Hearinq, his recomm�endation was that at this meetinq a motion be made to approve the recom�endation made by the Local Planninq i,qency. I�IO�OL Y8S �8d@ � C�D11DC�. �s�t�r (;�pl]„�g tp a�IpOe t�B rec:o�endation made by the 7�ocal Planninq �qency to t�*±�; t and to set the next Public Hearinq for Septeaber 22, 994. Counci��T Cap�retta seconded the �+ati�, T�a vote on the �otton vas: - = � : Ro�n ?. �ar.�a3.1. - for fiilliai $. Burcicart - for $li$abeth 1,. Schauer - for Earl L. Collinqs - for Joseph H. Capretta - for T1� =otion was t�erefore passed ar�d a�Opted. *B) Consideratian of Bid award to the Follaowinq Persons/Firas Sub�ittinq Sealed Bids for villaqe Snrplus Rollinq Stock: Villaqe Council Meetinq �inutes august 30, 1994 Paqe ll ---------------------- ------ i) 1988 Ford Cra� Victoria 4-door, VI1� f 2F�BP7ZG7�T8163318, to Fredriic�[ Hatu�, "1laq l�iuto Corpotatlou� fo=' $850. 2) 1988 Ford Crown Victorfa 4-door, VIN#2F1�iBP72G8JX163317, to Gwbert Oliveira, *Garra Ttadi�, InC.• for $751. 3) 1991 Ford Grown Victoria 4-d�r, VIN#2F�iCP72G5M7C175630, to Msrvi�l Crook fo=' $1500. (Staff Reco�s approval) (�PProved under Conseat aqead,a) *C) Consideration of �pproval for Pantropic P�o�w�er of West Pal� Beach, Florida, to liske l�ecessa.ry Regairs to the Water Treatment Plant �erqency Generator in the Pisount of $8,472.94, with Fundinq to be Provided fra� the Water Brrterprise Fsmd S'yste� I�a3nt�snce Fund, , 8aving an FY 1994 Budqet �llocation of $11,146. ( Staf f Reco�ends l�ipproval ) (�PProved under Consent �qenda) D) Review of Landscapinq Pl� and �ideration of Proposal �ward for the Country Club Drive l�edian Island Landscapiug Project to l,eratree Landscape Contractors, Boynton Beach, Florida, in the A�oimt of $5,748. 8rett Rein, �Si.�l, Gee i� Je�. (Staff Recom�enda ap�roval ) City Enqineer Richarci Staudinger presented qraphics depictinq the landscapinq and valls, and recommended award to Aerotree Landscape Contractors. Hotion was aade boy Co�i1�t�* Collinqs to approve lan+�sc:apinq avar+d for t�e Coumfi�y Clnb D�iitre '�an Is ,2a�d to l,erotree Landscape t�ntractors in the �auo�t of $5,?�8. �ounci7�'t�r Sc�atter sec�ded the �tf�i. The vote on the aotion wes: � Ron T. l�ackail - for Tiiillia� B. Hurckart - for Blizabeth a. Schaner - fa� Esrl L. Collings - for Joseph N. capretta - for The �aotion was therefore pnssed and adopted. *E) Consideration of �uthorization for Staff to Purchase village Council � Keetinq Kinutes Auqust 30, 1994 P�ge 12 8 61� Scaq Super 8� �odel �SSS-22CV-61� Ridi�iq � froa Lav�o�er Headquarters o! Jtipiter, Inc. , Jtipiter, Florida, for the Recreation Depar�t�ent in the biount of $6080 vith Fundiaq f� the FY 93/94 Recreation Departaent Budqet. (Staff Recoaends l�ip�ro�val) ( �,pproved under Consent Piqenda ) � F) Resolution No. 23-93/94 - Approvinq an Interlocal Aqreement for Municipal Recycling and Grantllaanagement Between the Solid Waste Authority of Pala Beach County and the Villaqe of Tequesta. (Staff Reconmaends Approval) Village Attorney read by title only the above referenced Resolution No. 23-93/94. In response to Villaqe Manaqer Bradford, Villaqe Clerk Joann Manqaniello responded that SW1�i wanted the recyclinq program revised in order to combine the q�'rant manaqement aqreement which was due to expire and the agreement to assure that recyclables would continue to be sent to them. Villaqe Clerk � Manganiello explained that this year the Villaqe still � received money from SW�i, however, in 1996-97 that money will go to the County only. ltotion was aade by Co�mcilae�ber Scbaner to apprwe the above refereaced Hesolutio� 23-93/94. Conncil�e�ber Caparetta sec�ouded the a�otion. Villaqe �aqer Bra�clfa�d � stated for the rec�rd that the Re.solution wanld be a� and .referred to as Resolution 22-93/94. � vote on the s�tion was: _ �;�.;. R+oa T. gacJicail - for liillia� B. Bnrck,art . - for - $if$at�eth a. Schauer - far Earl L. Collinqs - for Josep�t R. Capretta - for The aotion was therefore paased and adop�ted. G) Consideration of �uthorizinq the viliaqe l�naqer to $xecute a Chanqe Order to Jobnson-Davis, I�. for the Well 25 i Pipeline Project for the T*��lation of 700 • of 8" iister �Iain in the �onnt of $11, 350. Fundinq to be Provided fro= the Water Departaent villaqe Council Meeting Minutes �uqust 30, 1994 - Paqe 13 capital iaproveaent �und, �eii as i p��.�e proiect, 8avinq a Fund Balance o! $80,853. �Sta�! R�aco�enda �PP�� ) Water Department Director Tom Hall responded to Councilmember Collinqs that this chanqe order would eliminate a dead end. vice l�iayor Burckart m�ade a aotion to approv�e the abova referenc�i Chanqe Order in the aawu�t of $11, 350. COUIIC�� '�*' Schauer seconded the aotion. The vote on the �tion was: Ron T. 1Kackail - for i�illia� B. Burckart - for Blizabeth �. Schauer - for Sarl L. Collinqs - for Josegh N. Capretta - for The aotion was therefore passed an+d a�pted. VIII. iJI�IFII�iIS� BiJSINBSS �) Ordinance - Fourth Readinq - Creatinq a Villaqe Code C�apter to be �titled Iapact Fees; I.evyinq I�pact Fees for Fire-R�e Services on 8ev Constru�tion within the villaqe;�Stating the �pplicability of Snch Fees to �11 8e� Co�tr�cti�t Subject to Certain Sxceptions; Providinq for Deter�ination and Review of I�pact Fee �ounts Bvery Other Year a� for �just�+ents Hased on t'o�t In�teases; Bstablisb3nq a sche�Inle for �t F�eat� Prwidinq �►ic p�t_�t. of s�ch Fees IIaless an In 1Cind att is;;��''� b,� t� VilZaqe C�mci].: t�eatfncl CaPital r� Traet Fo�s for F S�rvices; Dep�it of Iapact Fees in t�e �ppiropriate Trust Fuad; Li�it.inq the IIse of �ta in Sn+� Truwst �tmd; R�; �,� the IIse of i�i�ounts ia � Tr�st Fand; . - Requf�rinq the Pteparat3oa and �Iaintenance of the Capital expansion . Plan for tt� �svst Fund; Bstablishing Tiae for Paysez►t of Snch Fe�; Prohibitinq Issusncc� of Bnildinq Per�its without Paysent of �].l Fees; Providinq for severabili ; Providinq for Repeal of Ordinances in Conflic�t; Providinq for Codification; Provid3nq an Effec:tive Villaqe Council Keetinq Minutes Auqust 30, 1994 Paqe 14 -------- -------------- Date . ( Staf f R�nds l�i�proval ) Villaqe Attorne� Randolph read by title only on fourth readinq the above referenced Ordinance. Fire Chief Weinand explained since Tequesta's data did not list separately attached and detatched sinqle family residences that an averaqe had been arrived at for the two, and the same was true for commercial space--office and retail, and that all fees were comparabl� to fees charqed by the County. COUIIC��*' Collinqs aade a motion to approve the above referenced Ordinance on fourth readinq. Councilnember Schauer seconded the �otion. The vote on the motion was: Ron T. �+tacicail - for Willia� 8. B�ckart - for � Blizabeth �. Scbauer - for Bsrl L. Collings - for Joseph N. Capretta - for The motion was therefore gassed and adopted. I]C. 1�iNNY 09.'�t �S . Councilmember Schauer questioned when the land could be cleared at Constitution Park. Village l�ittorney Randol� stated when the Summary Judqement was signed that the Village could qo forward, however, suqqested that the Villaqe wait 30 days which was the time period during which an appeal could be filed. . � �-�-�.� In responae to Co�cilmember Schauer's concern thAt the ordinance in reqard to the interlocal agreement with the Palm Beach County School Board r�as not acahered to and her � reference to Jupiter•s specific requirements pertaining to inteqration within new developments, Villaqe 1�Ianaqer Hradford explained that Tequesta had ch�en to not mandate by ordinance fora�a Developer's Agree�ent that �ould �andate racial quotas within a development, but to consider each on a case-by-case basis. P,� an example, he explained that when the Developer's Agreement comes forward for toniqht•s applicant, Cocornit Cove, that Would be the time to make a case that quotas be established for that project, if desired. Villaqe lsanager Bradford stated the ordinance Villaqe Council Keetinq Minutes Auqust 30, 1994 Page 15 amended a previous ordinance pertaininq to Developer'e �,qreementa, givinq the Council the right to nandate a Developer's Aqreement. Councilmember Schsuer questioned �bo would enforce the Developer's Aqreement. Villaqe Manager BradPord explained that Building Official Ladd would sugqest minimum parameters and when the matter came before the Council that Councilmembers could make changes, and that the Buildinq Official might be the person to monitor whether the � Developer's Agreement was followed. Villaqe Clerk Manqaniello commented she had received a phone call from a staff inember of Palm Beach County Planning and Zoning who stated that Palm Beach County was reluctant to qo into an agreement as comprehensive as Jupiter's agreenent. . Councilmember Schauer requested a copy of Chapter 163 and 189 of the Florida Statutes from Village Manager Bradford as referenced in his �ae�o to the Villaqe Council. Villaqe Manaqer Bradford explained his statement in the memo that a CRA would rob Tequesta's General Fund of badly needed future revenues that the CRA would receive tax revenues above the current tax revenue generated within the boundaries of the CRA, which he believed was the number one pitfall of a CRA. Another pitfall would be overextendinq in bondinq and debt to pay for the improvements within the CR� master plan. A special improvement district could be a Neiqhborhood Special District which would have the power of eninent do�ain as long as their charter specified this power, and would have the power to impose two additional mf lls of taxation for the area defined which would have to be approved by the property owners within the district. Both types of districts have the power to purchase land. Mayor Mackail observed that the Council needed to clearly understand and define �the mechanisms and pitfalls of a C.�tA and to identify the options available to develop the downtown land. � l�iayor Mackail reported on Jul.y 28 the Council had instructed hin to write a letter to I�. Thompson of SNC:ON statinq that the Villaqe would participate in their septic tank study under certain conditions. Mr. Thompson's reply stated �iCON could not accept Tequesta's conditions. Mayor �ackail stated he attended the next meeting of ENCON and requested postponement of two items on their meetinq agenda, which since they did not postpone Tequesta would not participate in the study. Mayor Mackail recalled that several months aqo the Council Village Council Meetinq Kinutes �uqust 30, 1994 Paqe 16 had votsd in favor of a Juvenile Service Proqram. � letter had been received from the Community Counselor requestinq space to hold a weekly meetinq for an adolescent qroup. It was the consensus of the Villaqe Council to donate the Villaqe Hall for one session per week. � %. (��tIC�iTION FROI�I CITIZffi�iS 2,lfred DelYtott, 189 Golfview Drive, he had also attended the ENCON meetinq and felt the ffi�iCON board had insulted Tequesta's Mayor in denyinq the requested two�eek postponement. The committee that had been studying the matter under the leadership of Village Hanaqer Bradford would not contir�ue work until the Village Manager returned from his vacation, which the ENCON board could not understand, and the media had reported that Tequesta was uncooperative. Mr. DeMott stated the co�ittee �as very anxious to beqin work and r�uested direction from the Council. Wade Griest, 494 S. Dover Road, comaended Fire Chief Weinand for an excellent demonstration last Saturday. 1�iaayor Mackail announced that Chief Weinand is this year's President of the NAMAC orqanization and thanked him for his qood work. Bill Shannon, 46 Chestnut, on behalf of the President of the Civic Association, co�ended the Council on placinq the library as a number one priority, and urqed the Council to adhere to their September 22 deadline. �r. Shannon also urged the Council to prepare for the eventuality that there would be no appeal to the summary judqe�ent for Constitution Park by gettinq ready for the permittinq process since environmental regulations are canstantly c�anqinq and land that can be b�ilt on one day cannot be developed the next, and perr�iits in place_could help. Councilme�be�c Capretta stated one acre had been donated by the Doerner Trust and the Gouncil needed to see that deed. Joe Benjaaia stated the land was only beinq donated if lsr. Van Broclt was allowed to bu31d the library. Stanley Iregner, 123 Co�ry Clnb Drive, connnented he had verified with the Police Chief and with the Traffic Division at the North County Courthouse that Tequesta receives money from fines, therefore more tickets should be issued. Villaqe Council Meeting Minutes August 30, 1994 Paqe 17 � . XI. AD�70DRrIIffi�IT Councilae�ber Collinqs �oved that the �eeeting be adjourned. Villaqe l�anaqer Burckart seconded the motion. The vote on the motion was: Ron T. I�Iackail - for 8lizabeth 2i. Schauer - for Farl L. Collinqs - for the �otion was therefore passed and adopted and the meetinq was adjourned at 9:07 P.H. Respectfully submitted, � Betty Laur Recordinq Secretary " ATTEST: Joann Manganieilo Village Clerk DPiTE APPROVED: