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HomeMy WebLinkAboutMinutes_Regular_05/14/1998 v *e rP ~ G~sa ` ° ~ VILLAGE OF TEQUESTA Post Office I3o~ 3273 3~? "Tequesta Lri~ e i ~ o` Tequest~~, Florid~i 33469-0273 • (3C1) ~T-6200 0 ~3 ~ Fax: (~C>1) ~?~-6203 B - 4 ~~cN co r VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MAY 14, 1998 :: I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, May 14, 1998. The meeting was called to order at 7:00 P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, Vice Mayor Carl C. Hansen, Alexander W. Cameron, Joseph N. Capretta, and Ron T. Mackail. Also in attendance were: village Manager Thomas G. Bradford, village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Elizabeth A. Schauer gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA The following items were requested under ANY OTHER MATTERS: vice Mayor Hansen requested addition of the Bike Rally at Tequesta Park the previous Sunday. Mayor Schauer requested addition of consideration of authorization of a letter in favor of the Anti Drug Abuse Act Grant. village Manager Bradford requested Item IX (B} be pulled from the agenda. XecPCled Paper VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 2 vice Mayor Hansen made a motion to approve the Agenda as amended. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander w. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMiJNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) Peggy Verhoeven, Point Drive, reported that the prescribed burn done that day by the County and federal government had gone very well, and she had received phone calls from the federal government to tell her there were no problems. Mrs. Verhoeven asked the group working on Country Club Drive landscaping to take into serious consideration that plantings should not be done in areas which might possibly be sewered by ENCON, and requested they wait until the outcome of the litigation was known. V. PRESENTATIONS AND PROCLAMATIONS A) Presentation by the YMCA of the Palm Beaches Regarding Recreational Programming and Services at the Tequesta Recreation Center. Mr. Robert Giese, President and CEO, YMCA of the Palm Beaches. Mr. Giese expressed appreciation on behalf of the YMCA for the opportunity given them by the Village to provide • programming at the recreation center. Mr. Giese introduced Andrew Sloan, Branch Director, a graduate of • VILLAGE COUNCIL NSETING NINOTES Nay 14, 1998 PAGE 3 --------------- Palm Beach Atlantic College who had been a professional volley ball player for four years and who was going to be in the Pan American games in July. Mr. Sloan addressed the Village Council. Mr. Sloan thanked the Village Council for this opportunity, expressed his excitement regarding plans for the future for the YMCA, expressed receipt of positive feedback, and stated he was proud to represent the YMCA. Mr. Sloan announced that programming would begin in June, and requested that the Village Councilmembers and anyone else contact him with any suggestions they might have. Mr. Giese announced Open House for the new facility would be held Saturday, June 13 from it a.m. to 3 p.m. with live entertainment to include professional basketball players, and that the camp would start on Monday, June 15. B) Proclamation Declaring the Week of Nay 17-23, 1998, as National Emergency Nedical Services Week in the village of Tequesta. Mayor Schauer read the above proclamation aloud. Motion was made by Councilmember Mackail to approve the Proclamation Declaring the Week of Nay 17-23, 1998, as National Emergency Medical Services Week in the village of Tequesta. The motion was seconded by vice Nayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Mayor Schauer announced that there would be a Fire Rescue • Open House on May 17 from 10 a.m. to 2 p.m. • vILr~AGE coUNCIz MEETING MINUTES May 14, 1998 PAGE 4 --------------- VI. 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 removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. Mayor Schauer read aloud the following Consent Agenda items: VII. APPROVAL OF MINUTES AND REPORTS *A) *B) * C) *D) *E) *F) *G) *H) * I) *J) Community Appearance Board; February 11, 1998 Community Appearance Board (Tree Board; February 11, 1998 Community Appearance Board; April 15, 1998 Community Appearance Board (Tree Board; April 15, 1998 Employees' Pension Trust Fund; January 28, 1998 Special Master Hearing; February 26, 1998 Special Village Council Meeting; April 20, 1998 Village Council Meeting; March 26, 1998 Village Council Meeting; April 9, 1998 Vi 11 age Manager's Report - Apri 1 6, 199 8 - May 8, 1998 IX . APPOINTMENTS *A) Consideration of Appointment of David Owens as an Alternate Member to the Board of Adjustment with Said Two-Year Term Expiring on May 14, 2000. XI. NEW BUSINESS A) Consideration of Contract with TLC Diversified, Inc. of West Palm Beach, Florida, in the Amount of • $11,188 for the Replacement of Gravel Bed and Filter Repairs at the Water Treatment Plant, with • VILLAGE COIINCIL MEETING MINIITFS May 14, 1998 PAGE 5 --------------- Funding Provided from the water Enterprise Fund, Pumping and Storage Division, Having a Fund Balance of $20,594. (Contract Executed by Village Manager on April 24, 1998) (Staff Recommends Approval) B) Consideration of Approval of Professional Services (Accounting) Proposal from Nowlen, Holt & Miner to Assist Finance Department with Accounting Functions and Training New Personnel Approved by Village Manager on April 27, 1998. (Staff Recommends val) Motioa alas made by Councilmember Cameron to approve the Consent Agenda as presented. The motion was seconded by Vice Mayor Hansen. The vote oa the motion was: . Elizabeth A. Schauer = for Carl C. Haasea for Alexander w. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Consent Agenda was approved as presented. VIII. COMMITTEE REPORTS A) Public works Committee, April 21, 1998 Village Manager Bradford reported that the purpose of the April 21, 1998 meeting of the Public works Committee was to allow Landscape Architect Steve Parker to present his preliminary plan for Country Club Drive. The Committee had made suggestions for changes, including setting the Live Oaks back equidistant from edge of pavement, requiring hedge material to be native as required by • Ordinance 377 to set a proper example, to only landscape areas not intended to be sewered by ENCON so that swales • VILLAGE COUNCIL MEETING MINiJTES May 14, 1998 PAGE 6 --------------- could be constructed within the rights-of-ways. It was requested that the landscaping of the lift station be deleted at this time due to concerns regarding setting precedent in dealings with ENCON. The Committee recommended approval of this plan at present with those conditions. Vice Mayor Hansen added there had been discussion regarding possible grants for this project and requested a status report. village Manager Bradford responded that the village had received an application for a Beautiful Palm Beaches Grant, on which it was currently working. Motion was made by Councilmember Mackail to approve the report of the Public Works Committee as presented. The motion was secoaded by Vice Mayor Hansen. The vote on the motion was: • Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. B) Public Safety Committee; April 27, 1998 Village Manager Bradford reported that at the April 27, 1998 meeting of the Public Safety Committee, Fire Chief Weinand had provided an update on the local mitigation strategy concept being proposed across the State of Florida. The Village Manager explained that Palm Beach County and the village of Tequesta had received an allocation for the funds and there were at least three alternative procedures to complete the preparation of a local mitigation strategy. The recommended course of action was for Tequesta to work in conjunction with Palm • Beach County, who had signed a contract for the plan preparation with Treasure Coast Regional Planning • VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 7 --------------- Council, and Tequesta would receive approximately $15,000 for compiling the necessary data and transmitting the data to Palm Beach County for the strategy plan. Village Manager Bradford explained that the benefit of having the strategy plan was that in the event of a disaster, FEMA would fund 90~k and the Village would only pay 10~, instead of the current 50~/50~ ratio. The Village Manager commented that Agenda Item 11 (C} on tonight's agenda reflected the Committee's recommendation that the Village pursue the local mitigation strategy in partnership with Palm Beach County. Village Manager Bradford reported that another item heard by the Committee had been a review by Lt. Garlo of the Police Department's periodic traffic counts throughout the Village. The Country Club Drive counts showed a . slight decrease in traffic volume in both directions on Country Club Drive. Counters were placed in the 100 and 300 blocks of Country Club Drive monthly, and the information was charted onto a graph, which indicated a slight decline. Golfview Drive, Riverside Drive, and Fairway North traffic counts were also reported and showed nothing abnormal. Mayor Schauer had announced a NAMAC workshop meeting which was held at Juno Beach. Also discussed at the meeting was Palm Beach County's offer to reduce the right-of-way on Country Club Drive from 80~ to 60' in their thoroughfare identification map. The Committee requested that the Village Manager advise Commissioner Marcus' office that they preferred the right-of-way to be 50', which he had done. Other issues discussed had been regarding the growing volume of traffic on Village Boulevard between Old Dixie Highway and U.S. Highway One, as well as the beautification that the Country Club Community Association requested on the property owned by Tequesta Country Club, which had been verbally approved with a letter to follow. In response to a question from vice Mayor Hansen, Village Manager • Bradford explained that Palm Beach County had only offered a 60' right-of-way on Country Club Drive and had VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 8 --------------- never actually offered 50'; however, it had been the Committee's desire to request 50'. Motion was made by vice Mayor Hansen to approve the report of the Public works Committee as presented. The motion was seconded by Couacilmember Mackail. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander w. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. IX. DEVELOPMENT MATTERS A) Consideration of Petition for the Abandonment of a 30~ Right-of-way (Alley) Located South of Tequesta Drive and west of Cypress Drive. Neal Vander weal, Applicant. 1) Resolution No. 24-97/98 - vacating and Abandoning a Portion of the Thirty Foot Alley Lying west of Lots 1, 2, and 3, Block 2, Jupiter in the Pines, Section C, as Recorded in Plat Book 26, Page 19, Public Records of Palm Beach County, Florida. Director of Community Development Scott D. Ladd explained that applicant Neal Vander Waal was one of the abutting property owners, and had a real estate business at 309 Cypress Drive. Nir. Ladd commented that the Village had no plans to connect the alley to Tequesta Drive, and the land was not in use except for several utility easements. Mr. Ladd explained that the village had received a • letter from William Shannon, General Counsel, on behalf of Mr. Otto Divosta and the villager VILLAGE COiTNCIL MEETING MINOTES May 14, 1998 PAGE 9 --------------- Apartments, objecting to the abandonment, which would be placed into the record. Mr. Ladd introduced Planner Michelle Falasz, who had been working with the property owners and the Village Attorney on this issue. Applicant Neal Vander Waal explained that when he purchased his property from the previous owner, that owner had told him the Village could not use the property and desired to abandon a 30' strip which would be useful for parking for Mr. Vander Waal~s business. Mr. Vander Waal stated he had approached staff, who confirmed the Village could not do anything with the property and it probably ultimately would be abandoned. Mr. Vander Waal explained that if the village were to abandon the alley he could use it as an access to his property and to enhance parking, and that in complying with Ordinance 377 for his property, he would also assume responsibility for landscaping the alley, which would make both Tequesta Drive and his property look better. After he had applied for an abandonment, Mr. Vander Waal had learned that abandonment would create a problem for Douglas Girvin, one of the adjacent property owners, in that he would lose part of his already small lot because of an FPL easement. Mr. wander Waal commented that the villager apartments did not appreciate the idea of abandonment either; therefore he was left in limbo, and he did not want to create a hardship for his neighbors, but wanted to work with them and with the Village to resolve this situation. Mr. Vander Waal suggested a possible lease of the property or some type of parking or landscape easement, with the Village retaining ownership and allowing the utilities to remain. Mr. Vander Waal explained he would be interested in the presently unpaved portion, and the villager could continue to use the paved portion on the north end. Mr. Vander Waal stated he would provide a hedge along Tequesta Drive. Mr. . VILLAG$ COUNCIL MELTING MINUTES bray 14, 1998 PAGL 10 --------------- Vander Waal explained that he was anxious to move ahead to comply with Ordinance 377, however, had been delayed due to Village plans for a stormwater drain on Cypress Drive, which would require him to reconfigure the current parking of 26 spaces for 26 offices, and he was concerned that he might lose one or two spaces. By accessing the property from the alley it would be possible to add a couple of parking spaces and also provide landscaping to enhance the Village. Councilmember Mackail explained that all past waivers for parking under Ordinance 377 had been granted. Planner Michelle Falasz noted that a corner of Mr. Vander waal's building encroached upon the alley, which posed a setback problem, and adding the alley would fix that problem. Ms. Falasz suggested that the adjacent property owners come to some type of agreement, since this was not something that the village could solve. Robert Cromwell stated he was Mr. Divosta's partner in the villager Apartments, and expressed their opposition to vacating the alley, because the apartment residents would not have access to their dumpster or to their parking spaces in the alley. Douglas Girvin stated he was the owner of lot 22, adjacent to the alley, and he had met with Mr. Dragon of FPL to determine the cost of moving the existing FPL utility line which posed a problem. The line was down the center of the alleyway, and there would be no problem to create an easement 5' on either side if the alley were abandoned. The problem was that FPL had a line just barely inside or on the lot line as a result of dedication of plat under Florida statute, and their position was • in case of abandonment that they would need a written instrument to accommodate their existing • VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 11 --------------- line. FPL had requested a 5' easement on each side of the pole, which would require Mr. Girvin and his partner to give up 5' of their lot. Mr. Girvin had consulted N1r. Dragon to learn the cost of relocating the overhead power line by making a 90 degree angle, then extending along the length of the abandoned portion, then making another 90 degree angle back to the current location. Because this was a high voltage line, any 90-degree angles had to be accompanied by anchor easements in every direction which would be aesthetically unacceptable. The anchor easement problem could be avoided by installation of self-supporting poles, however, the cost would be prohibitive. Mr. Girvin stated he was not opposed to the concept of abandonment; however, he would have to give up too • much in this case. Mr. Girvin explained that he purchased the lot 12 or 13 years ago and subsequently DOT had condemned Tequesta Drive and taken a portion of the lot, making an already small lot smaller. Because of that, Mr. Girvin and his partner agreed at that time not to press severance damages in consideration of which they had been able to bring a site plan to the Village for approval. The site plan proposed contained a zero- lot-line building, which was still pending, and he would have no objection if the Village wished to proceed with the site plan approval process. Mr. Ladd reported no other objections had been received. Planner Falasz offered a possible solution of making the whole alley a village easement which would accommodate all the utility easements. Ms. Falasz noted there was parking behind the Villager Apartments in the right-of-way currently, and they could still park and have their dumpster on the • easement; paving and grass where now existing could remain; however, Mr. Girvin would still have to • VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 12 --------------- give up 5' of his property. Planner Falasz stated there was also the possibility of leasing the land to Mr. Vander Waal. Councilmember Capretta suggested letting Mr. Vander wall just move into the area in exchange for landscaping, which would not affect the other property owners. Village Attorney Randolph stated that Mr. Capretta's idea would be one alternative, and that there were others which should be examined. Village Manager Bradford commented that in July the Village Council had approved the right-of-way agreement concept which could be applied to the alley to allow Mr. Vander Waal to use it, but the Village needed to make sure the use of the alley was limited to 50~, not touching 15 feet to allow Mr. Girvin to use it in the event that he wished to build in the future. • Mr . Vander wall agreed he was not looking to use the full 30' width. Councilmember Cameron and Councilmember Mackail agreed with the solution proposed by Councilmember Capretta. Vice Mayor Hansen stated he was opposed to abandonment at this time and hoped something could be worked out, such as possibly a lease agreement. Planner Falasz questioned whether Mr. Girvin would have to get approval from FPL to build whether or not the easement was there, to which Mr. Ladd responded that was true and Mr. Girvin could not currently build up to the property line because of the overhead FPL line. Ms. Falasz suggested another solution could be abandonment just where Mr. Girvin~s property abutted. Mr. Girvin stated that Mr. Dragon had indicated a building must be at least an 8' radius from the power line. Mr. Ladd agreed that the 8" measurement could be vertical to the top of the building. Village Manager Bradford stated the question was • whether or not to abandon, that Councilmember Capretta had suggested a way Mr. Vander Waal could • VILLAGE COUNCIL MEETING MINUSES May 14, 1998 PAGE 13 --------------- proceed, and that the village Council only needed to vote on the abandonment at tonight's meeting. Couacilmember Mackail made a motion not to abandon a Portion of the Thirty Foot Alley Lying west of Lots 1, 2, and 3, Block 2, Jupiter in the Pines, Section C, as Recorded in Plat Book 26, Page 19, Public Records of Palm Beach County, Florida. The motion was seconded by vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander w. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for • The motion was therefore passed and adopted. Councilmember Mackail expressed disappointment to Mr. Ladd that there was so much controversy and the Village Council was asked to make a decision based on facts and items that must be identified by Mr. Ladd as the Building Official in order that a transaction of this type could take place. Councilmember Mackail stated the Village Council looked to Mr. Ladd and his department to provide the best resolution to accommodate the needs of the people involved in this issue, and the village Council must protect the integrity of the Village. B) Site Plan Review for a Monument Style sign, (6~ x 7'-4"; 31.82 sq. ft. sign area) for Wachovia Baak, (Replacement of Existing First United Bank Signage), 250 Tequesta Drive. Cotleur & Hearing, Agent for Applicant. Donaldson Hearing, Cotleur & Hearing, representing • Wachovia Bank, explained that Wachovia Bank had purchased all the First United Bank branches within the State of • VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 14 --------------- Florida, and the change over would take place officially on July 1, 1998. Wachovia was replacing all signs at the branches with signs to reflect their new name and identity. Mr. Hearing explained that Wachovia had a complete family of signs they had developed for their Florida branches which were consistent in color and style. Mr. Hearing stated the sign of most concern to the village was the pylon sign which at present was a monument sign located at the corner of Old Dixie Highway and Tequesta Drive. The original application for a pylon sign had been changed to a 6~ tall by 7' wide monument style, which the village preferred. Mr. Hearing described the signage package for which approval was requested. vice Mayor Hansen questioned whether there was room to • make the island wider where the ATM would be located. Mr. Hearing responded there was room. Councilmember Cameron expressed a desire for a time and temperature sign. Councilmember Capretta suggested bank signs be painted in watercolors since they were changing so often. Councilmember Mackail made a motion to approve the Site Plaa for a Monument Style sign, (6' x 7'-4"; 31.82 sq. ft. sign area) for Wachovia Bank, (Replacement of Existiag First United Bank Sigaage), 250 Tequesta Drive. The motion was seconded by Couacilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansea - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motioa was therefore passed aad adopted. • C) Site Plan Review for the Addition of ATM Unit (Automatic Teller Machine) within the Existiag Drive-Thru at • VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 15 --------------- Wachovia Bank, 250 Tequesta Drive. Cotleur & Hearing, Applicant. Donaldson Hearing, Cotleur & Hearing, representing Wachovia Bank, explained that Wachovia Bank planned to install ATM machines at all their facilities, and that the one proposed for the Tequesta branch would be an ATM kiosk located on an existing island under the existing building. The island would be extended by 10' in length and the width increased to 4', and that there was plenty of room to increase the size. The existing pneumatic tube on the island would remain. The ATM would be color coordinated with the signs. Councilmember Cameron commented that a drive-up ATM seemed like a good idea because too many people got into trouble at walk-up ATMs. Councilmember Mackail made a motion to approve the Site Plan for the Addition of ATM Unit (Automatic Teller Machine) within the Existing Drive-Thru at Wachovia Bask, 250 Tequesta Drive. The motion was seconded by vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. D) Landscape Ordinance No. 377 Plan Review; Magyar Properties, 390 Tequesta Drive. George G. Gentile & Associates, Landscape Architects. Director of Community Development Scott D. Ladd explained that staff felt strongly about one of the requested waivers for the former Claire Malone property now owned by Mr. Magyar, which was the width of the access drive off Tequesta Drive, to be a one-way in. Mr. Ladd stated • VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 16 --------------- that currently there was 28 feet of asphalt existing, and the code allowed a maximum of 24~, which staff believed would not be a hardship for the applicant. The only other problem was a hedge that the applicant would prefer not to install. Jason Litterick, George G. Gentile & Associates, explained that a total of six waivers were requested, and two landscape materials had been changed to accommodate comments made by the Community Appearance Board. vice Mayor xansen questioned why a large access into the property was needed. Mr. Litterick explained that because the drive aisle right inside the property was only 16', there might not be enough room for a large truck to enter and turn. Councilmember Cameron stated he agreed with staff on all the waivers except number one • regarding the access. Mr. Litterick explained that the property included all of the former rear alley which was abandoned. Mr. Ladd reviewed the waivers requested. Room for access into the property was discussed. Mr. Ladd explained that when a moving van was anticipated that cars could be moved, and that other applicants on Tequesta Drive had been required to reduce their entrances. Mr. Ladd explained that the applicant wanted two live oaks and staff had requested three more; and code required that any parking area be buffered with a 24° high hedge, which the applicant did not want to install. Mr. Litterick explained that his client's justification for not installing the hedge was for security purposes to provide an unrestricted view to the rear of the property since there had been attempted break-ins. Mr. Litterick explained that the applicant was cutting out 10' of asphalt to satisfy front buffer widths, and a hedge would be installed within the buffer. The reason for placing only two live oaks in the front buffer was that they would attain such a large canopy that in several years they would encroach into the palms. . Mayor Schauer expressed concern that not requiring a hedge would set a precedent since others had been • VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 17 --------------- required to install hedges. Since the new proposed building was not planned immediately, Mayor Schauer preferred that the hedge be installed, and explained that it did not need to be tall enough to restrict view. Mayor Schauer stated her preference for additional live oaks in front. Village Manager Bradford agreed that the hedge should be installed. Mr. Litterick explained there was an existing palmetto hedge which would provide a partial buffer. Mayor Schauer pointed out other businesses which had been required to install hedges. Vice Strahan, Vice Chair of the Community Appearance Board, explained he had reviewed most of the plans for Ordinance 377 compliance and did not remember anyone who had not required some kind of variance. Mr. Strahan explained that the Community Appearance Board had • considered the large amount of asphalt that the applicant was removing along the front would make the interior drive narrower so that a larger access was needed. Mr. Strahan explained that the trees had been strategically placed to tie in with the existing village trees. Mr. Strahan commented that the area where the hedge was proposed was barely visible from Tequesta Drive, visible from only one spot on Seabrook Drive, and because a future building was planned, the Community Appearance Board had waived the hedge requirement. Mr. Strahan stated the Community Appearance Board had felt the waivers requested were not unreasonable, and had taken into consideration the amount of asphalt the applicant was removing to provide more right-of-way for the village. Mr. Strahan expressed his opinion that a precedent would not be set because several other properties had been granted a lot more waivers than those requested by this applicant. Discussion ensued regarding other properties which had been required to reduce the size of their entrances. Mayor Schauer suggested placing the hedge along the Seabrook Road property line instead • of right at the parking area. Vice Mayor Hansen addressed comments to Mr. Strahan that the Village • VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 18 --------------- appreciated and needed the Community Appearance Board, however, the Vice Mayor thought they had been too lenient in this case, and all other waivers granted had been to accommodate parking. Vice Mayor Hansen stated parking was not a problem on this property. Councilmember Mackail made a motion to approve the Landscape Ordinance No. 377 Plan for Magyar Properties, 390 Tequesta Drive with the following conditions: reduce the 28' entrance width to 24'; add three additional trees in the front as requested by staff; add a hedge along the east property lice. The motion was seconded by Councilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for • Alexander YP. Cameron = for Joseph N. Capretta agaiast Ron T. Mackail - for The motion was therefore passed and adopted. E) Site Plan Review for Proposed Lighthouse Cove Apartments, a Proposed Planned Mixed-Use Development (PMUD) aPithin the Mixed-Use District Consisting of 252 Units oa 13.69 Acres of Land. Joe Capra, P.E., Captec Engineering, Agent for Applicant. Director of Community Development Scott D. Ladd explained that this proposed development was to be located at the southeast corner of Old Dixie Highway and Village Boulevard and would have a Mediterranean theme and that the project would wrap around the existing post office and existing library and would abut Tequesta Oaks. To the east the property would abut St. Jude's drive. The main entrance would be located approximately midway on the property from Village Boulevard. Mr. Ladd stated • that the project met all of the Village's technical criteria. VILLAGE COUNCIL NESTING MINUTES Nay 14, 1998 PAGE 19 --------------- Joe Capra, Captec Engineering, engineers for Daco Holding Company, presented the project, which he commented had many quality features and fit the objectives of the Village's mixed-use district. Mr. Capra introduced members of the development team, Louis Lamar, Development Manager and Vice President of Daco, a family owned private business; Carol Stone, Property Manager; Louis DiAugstino, Chief Financial Officer of Daco; Eddie Francis, Architect, and Troy Holloway, Landscape Architect with George G. Gentile & Associates. Mr. Capra described the site plan, including the clubhouse and typical apartment floor plans, green retention areas, and separate garages. Mr. Capra explained that a one-bedroom unit started at 800 square feet, two-bedroom units at 1,100 square feet, and three-bedroom units were approximately 1,300 square feet. Tenants would be • required to take their trash to the dumpster area. Pedestrian access would be provided to St. Jude's church and to the post office, and a sidewalk was proposed for the south side of Village Boulevard. Mr. Capra commented that all permits should be obtained within the next 30 days. Mr. Capra explained that a turn lane had been requested from Palm Beach County for the Village Boulevard and Old Dixie Highway intersection as staff had requested, and the project would like to receive impact fee credit for that. Mr. Capra expressed the hope that approvals could be received so that construction could start in 30 days. The entrance, clubhouse, and buildings along Village Boulevard would be constructed first, with construction of other buildings to proceed in a clockwise direction. Director of Community Development Scott D. Ladd reported receipt of a letter from Attorney Shannon representing St. Jude's Church, requesting the pedestrian access to the church be moved from its current location to farther north by garage number two. The church felt this might • alleviate a problem such as they experienced with Tequesta Oaks residents who used the church property to VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 20 --------------- walk their dogs. Mr. Ladd expressed his opinion that should really be a Code Enforcement rather than a development issue, and pointed out both developments had sufficient green area for residents to walk their dogs. Mayor Schauer questioned whether there were elevators to accommodate a handicapped person who wanted a one-bedroom apartment, to which the response was there were no elevators but there were one-bedroom units located on the ground floor. The barrel file roof material was described as different tones of terra cotta. Mayor Schauer commended the project and expressed her opinion that it would enhance the village. vice Mayor Hansen questioned why apartments rather than condos, to which Mr. Capra responded a market study done by the owners had revealed a need for apartments in this area. Mr. Lamont • explained that apartment living had changed in the past few years and they would be very well maintained and many services would be provided. Many people new to the area preferred to live in apartments for a year or so before purchasing a permanent residence. Mr. Lamont stated apartment living was becoming more and more popular. The age group of tenants was described as mixed. It was explained that renters were carefully screened and must meet qualifications in order to rent, and occupancy was very stable. Rents started at $780 for a one-bedroom unit, $980 for a two-bedroom unit, and $1,080 for a three-bedroom unit. Additional amenities such as a location next to a tennis court or a vaulted ceiling would increase the rent by approximately $25. Carol Stone commented that rules were strictly enforced to maintain a nice facility. Councilman Cameron commented the landscape density was similar to that of Tequesta Gardens, which he liked, but questioned whether the one swimming pool was large enough to support the development. Ms. Stone explained that only approximately 15~ of the tenants actually used the pool on a consistent • basis. The length of time to build the project was estimated at 12 months. Recycling was set up as part of VILLAGE COUNCIL N~ETING MINUTES May 14, 1998 PAGE 21 --------------- the garbage program, and 60~ of the total trees and shrubs were native. No problems were anticipated with scrub jay habitat. Councilmember Cameron stated he was in favor of the project. Councilmember Capretta questioned where Daco's other projects were located, to which the response was there was one in Broward and three in Dade County. Mr. Lamont commented renting would start in the tenth month and the project would be filled ten months after that. Mr. Lamont stated the total cost of this project was $19.3 million. Councilmember Capretta expressed concern with traffic in and out of the project, and described traffic flow in that area. Mr. Capra explained that the entrance circle had been checked for sufficient radius for emergency vehicles and bus traffic, and that based on December 1997 traffic information the project met a level C level of service, which they would maintain on an average basis including their traffic. Mr. Capra indicated that the left turn out of the project onto village Boulevard would be a problem with north- bound traffic, however, most residents would be going south. Mr. Capra described the existing traffic problem at the intersection, which could be signalized. Councilmember Mackail questioned drainage, to which Mr. Capra responded all drainage was on-site retention and nothing was discharged off site. It was pointed out that berms were located on the north and west sides. A garage space was available for each building, but not for every apartment, garage spaces added to the rent, and there were parking spaces in front of the apartments. Ms. Stone reported that there were restrictions which were well-enforced, and if a tenant did not abide by the rules they could be evicted. Councilmember Capretta suggested that the berms near the railroad be as high as possible with trees and shrubs planted on top to serve as a noise screen. Village Manager Bradford questioned whether when the post office was abandoned that property would be incorporated into this project. Gary Van Brock responded • that the post office was not scheduled to move for over a year, which did not fit in with this project's • VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 22 --------------- schedule. Mr. Lamont commented if that property became available that Daco would like to look at it. Couacilmember Mackail made a motion to approve the Site Plan for Proposed Lighthouse Cove Apartments, a Proposed Planned Mixed-Use Development (PMITD) within the Mixed-Use District Consisting of 252 Units on 13.69 Acres of Land as submitted. The motion was seconded by vice Mayor Haasea. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander w. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for • The motion was therefore passed and adopted. XI. NEw BUSINESS C) Resolution No. 25-97/98 - Approving as Iaterlocal Agreement Between the Board of County Commiissioaers, Palm Beach County, Florida, and the village of Tequesta as Partners is the Development of the Local Mitigation Strategy. (Staff Recommends Approval) Fire Chief James weinand explained that village Manager Bradford had updated the Village Council on the local mitigation strategy earlier in the meeting. Councilmember Mackail made a motion to approve Resolution No. 25-97/98 - Approving as Iaterlocal Agreement Between the Board of County Commissioners, Palm Beach County, Florida, sad the village of Tequesta as Partners in the Development of the Local Mitigation Strategy. The motion was seconded by Couacilmember Cameros. The vote oa the • motion was: VILLAGE COUNCIL • MEETING MINUTES May 14, 1998 PAGE 23 --------------- Elizabeth A. Schauer - for Carl C. Haasen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Village Attorney Randolph read Resolution 25-97/98 by title only. D) Ordinance - First Readiag - Amending Chapter 2 of the Code of Ordinances, at Article IV, Division 2, Section 2- 93, Jurisdiction, to Include Chapter 19, Stormwater Utility, under the Jurisdiction of the Special Master, Providing for Severability, Providing for Repeal of . Ordinances is Conflict; Providing for Codification; Providing an Effective Date. (Staff Reconmeads Approval) Mayor Schauer read the above Ordinance on First Reading by title only. Village Attorney Randolph explained this was a housekeeping item to assure that this chapter was included under Code Enforcement so it could be enforced through Code Enforcement. vice Mayor Haasen made a motion to approve the above Ordinance oa First Readiag Amending Chapter 2 of the Code of Ordinances, at Article Iv, Division 2, Section 2-93, Jurisdiction, to Include Chapter 19, Storniwater Utility, under the Jurisdiction of the Special Master, Providing for Severability, Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. The motion was seconded by Couacilmember Cameron. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Haasen - for • Alexander N. Cameron = for Joseph N. Capretta for VILLAGE COUNCIL • DIETING MINUTES Diay 14, 1998 PAGE 24 --------------- Ron T. Mackail - for The motion was therefore passed and adopted. E) Discussion of Village Council Per Diem Allowance modification. Village Manager Bradford explained that at the last Village Council meeting the Village Council had requested this item be included on this agenda for discussion. Village Manager Bradford commented that the current monthly per diem was $200 for serving on the Village Council, established in 1988, and prior to that the rate had been $88. A survey reflected that the average compensation for Councils in Palm Beach County was $338.57 per month with sometimes a higher pay • differential for the Mayor and Vice Mayor. Village Manager Bradford indicated that based on the survey he felt that $300 per month would be justified. After discussion, in which the concept of rotating positions was reviewed and it was brought out that the Vice Mayor and Mayor did not want their pay higher than the others, the following motion was made: Couacilmember Mackail made a motion to approve as increase in per diem allowance to $250 per month for each member of the Village Council effective June 1, 1998. The motion was seconded by Councilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander ~P. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. • F) Ordinance - First Reading - Approving Amendments to the VILLAGE COUNCIL MEETING MINOTES May 14, 1998 PAGE 25 --------------- village Budgets Adopted for the Fiscal Year Commencing October 1, 1997. (Staff Recommends Approval) village Manager Bradford explained this Ordinance would clarify the FY 1997 encumbrances to the budget for contributions the village Council had approved since the beginning of the fiscal year, and specify the exact amount of the bond sale proceeds and the grant monies to be received. Finance Director Kascavelis answered questions pertaining to the report. Vice Mayor Hansen made a motion to approve the above Ordinance on First Reading - Approving Amendments to the Village Budgets Adopted for the Fiscal Year Commencing October 1, 1997. The motion was seconded by Councilmember Capretta. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Village Attorney Randolph read the above Ordinance by title only on first reading. G) Resolution No. 26-97/98 - Approving an Engineering Services Proposal frown Reese, Macon & Associates of Lake North, Florida, for Nater System Rate Analysis, is the Amount of $24,500, with Funding to be Provided by the Nater Enterprise Fund, Reserves Balance. (Staff Recommends Approval) village Manager Bradford explained that the village had adjusted commodity and base rates in anticipation of the • bond issue for the RO plant. Other items needed to be addressed, such as amending the capital connection charge • VILLAGE COUNCIL MEETING MIN[JTES May 14, 1998 PAGE 26 --------------- to reflect the true costs of service with the higher debt service, and updating various miscellaneous service charges. An evaluation of the legitimacy of the existing step rates which were instituted approximately ten years ago to conserve water and to postpone reverse osmosis was desired to possibly be modified to provide relief to the consumer. Village Manager Bradford explained this work would be provided by Mr. Ori via the umbrella of the Reese Macon contract. Vice Mayor Hansen agreed that the study was needed and commented that it would probably need to be done again in a year. Councilmember Cameron commented the step rates had driven residents to drill their own wells so that he believed water had not really been conserved. Councilmember Capretta stated he believed a study should be made. • Couacilmember Mackail made a motion to approve Resolution No. 26-97/98 - Approving an Engineering Services Proposal from Reese, Macon & Associates of Lake Worth, Florida, for Water System Rate Analysis, in the Amount of $24,500, with Funding to be Provided by the Water Enterprise Fund, Reserves Balance. The motion was seconded by Couacilmember Cameron. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Village Attorney Randolph read Resolution 26-97/98 by title only. XII. UNFINISHED BUSINESS • A) Ordinance - Second Reading - Amending Chapter 19 of the Village Code of Ordinances Relating to Stormwater Utility • VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 27 --------------- so as to Provide a New Article Relating to Stormwater Control; Providing for Definitions; Providing for Prohibitions; Providing for Exemptions; Providing for Inspections and Monitoring; Providing for Enforcement; Providing for Severability; Providing for Repeal of Ordinances is Conflict; Providing for Codification; Providing for an Effective Date. (Staff Recommends Approval) village Attorney Randolph read the above Ordinance by title only on second reading. Councilmember Mackail made a motion to approve as Ordinance on Second Reading Amending Chapter 19 of the Village Code of Ordinances Relating to Stormwater Utility so as to Provide a New Article Relating to Stormwater • Control; Providing for Definitions; Providing for Prohibitions; Providing for Exemptions; Providing for Inspections and Monitoring; Providing for Enforcement; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing for an Effective Date. The motion was seconded by vice Mayor Hansen. During discussion of the motion, vice Mayor Hansen questioned whether this ordinance should also cover installation, and protection of swales. Village Attorney Randolph responded that could be covered in another ordinance, and that this ordinance was primarily to meet NPDES requirements sad used language specifically targeted for that. village Manager Bradford reported that Director of Commnuaity Development Scott D. Ladd had forwarded an outline to the village Attorney of items to be included in the comprehensive right-of-way ordinance which would include swales. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for • Alexander W. Cameron = for Joseph N. Capretta for . VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 28 --------------- Ron T. Mackail - for The motion was therefore passed aad adopted. XIII. ANY OTHER MATTERS Vice Mayor xansen reported he had attended the Police Department's Bike Rally held in Tequesta Park which had been a really nice affair with the Traumahawk helicopter present, and had been very well organized. Mayor Schauer reported receipt of a letter requesting that the village provide a letter in support of the Anti Drug Abuse Act Grant. • Councilmember Mackail made a motion granting the Mayor authority to execute a letter in support of the Anti Drug Abuse Act Grant. The motion was seconded by vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed aad adopted. XII. ADJOLTRN~iT vice Mayor 8aasen moved that the meeting be adjourned. Councilmember Mackail seconded the motioa. The vote on the motioa was: Elizabeth A. Schauer - for Carl C. 8ansea - for Alexander W. Cameron - for VILLAGE COUNCIL MEETING MINUTES May 14, 1998 PAGE 29 --------------- Joseph N. Capretta - for Roa T. Mackail - for the motion was therefore passed and adopted and the meeting was adjourned at 9:37 P.M. Respectfully submitted, ~~~~~ ~~c~,z. L,~~ Betty Laur Recording Secretary ATTEST: Joann Manganiell Village Clerk DATE APPROVED: