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HomeMy WebLinkAboutMinutes_Regular_03/06/1997 F Tf ~P ra ~ Gf~.~ VILLAGE OF TEQUESTA Posl Office I3ox 3273 35" Teque.5ta Drier ~~~ o "Crqursta, FloiicLi 33-+6~)-02,3 (.~<>ll ~^~-<~3OO 3 ~ c Fax: (~G1) ~7~-6203 AF, ~ ~.. 4 'Iph ~~ ty VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MARCH 6, 1997 • 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, March 6, 1997. The meeting was called to order at 7:03 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor Elizabeth A. Schauer, Joseph N. Capretta, and Carl C. Hansen. 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 Councilmember Capretta gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Hansen made a motion to approve the Agenda as submitted. Vice Mayor Schauer seconded the motion. The vote on the motion was: • Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Xrcpclcr! Prtpcv~ Village Council Meeting Minutes March 6, 1997 Page 2 The motion was therefore passed and adopted and the Agenda was approved as submitted. IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) Tom Little, 486 Dover Road, asked how each Councilmember felt regarding establishing wards or districts in the community. Cauncilmember Hansen responded that this matter recently had been addressed at a candidate forum, and that at the present time he was against it. Councilmember Capretta commented that the idea seemed good in theory, however, he was not sure there would be five people from different areas who would want to serve on the Village Council and he could not remember an election where at least one seat was unopposed when there were three candidates running for office. Vice Mayor Schauer commented on the • difficulty in replacing Mr. Meder's seat with someone who would want to run again, and that she had not really thought about this so was unable to respond at the present time. Mayor Mackail responded that he had not thought about this matter, but at the present time it did not interest him. Mr. Little commented that in years when there was a ward system there was never a ward that did not have a person who would run for office. Mr. Little thanked Chief of Police Allison for information regarding crazy Larry. V. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. The following items were listed on the Consent Agenda: • VI. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment Public Hearing Meeting; • Village Council Meeting Minutes March 6, 1997 Page 3 ------------------ November I8, 1996 *B) Village Council Meeting; February 13, 1997 *C) Special Village Council Meeting; February 19, 1997 *D) Village Manager's Report; February 10, 1997 - February 28, 1997 VIII. NEW BUSINESS *A) Consideration of Designation of Village Property (Water Department Vehicles) as Surplus pursuant to Section 3.02 (8) of the Village Charter (Staff Recommends Approval) 1) 1991 Isuzu Pick-Up Truck VIN #4SICL1IL&M4201721 • Mileage: 65,221 2) 1988 Ford Ranger XLT VIN #1FTBR10A1JUA78813 Mileage: 80,929 *B) Consideration of Purchase of One (1) 1997 Chevrolet 5-10 Pick-Up Truck on State Contract No. 070-500-140 from Maroone Auto Plaza of Pembroke Pines, FL in the amount of $13,202.00, with said Funding to be provided by Water Enterprise Fund, Renewal and Replacement Account, having an FY-97 Budget Allocation of $12,500, with an Intra-Fund Transfer of $1, 000.00. (Staff Recommends Approval ) *D) Consideration of Bid Awards to the Highest Bidder as follows: (Staff Recommends Approval) 1. 1990 Chevrolet a) $1,057.00; Winners Motor Corporation • • Village Council Meeting Minutes March 6, 1997 Page 4 ------------------ 2. 1993 Chevrolet a) $2,556.00; Winners Motor Corporation 3) 1994 Ford a) $3,357.00; Winners Motor Corporation 4) 1988 Ford Ranger a) $1,500.00; Stephen Cornwell Motion was made by Vice Mayor Schauer to approve the Consent Agenda as presented. The motion was seconded by Councilmember Hansen. The vote on the • motion was: - Ron T. Mackail for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for The motion was therefore passed and adopted and the Consent Agenda was approved as presented. VII. DEVELOPMENT MATTERS A) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Village Square Shopping Center, 221-289 U.S. Highway One South. Cotleur Hearing, Landscape Architect. Donaldson Hearing, Landscape Architect with the firm of Cotleur Hearing, represented the owner. Village Planner Damien Peduto advised that Section 10 (I)(1) of the official Zoning Ordinance addressed the requested waiver. Mr. Hearing reported that the applicant had worked with Village staff on this project for well over a year, and explained that the final plan included • quite a bit of landscaping as well as reorganization of vehicular circulation and buffering improvements, • Village Council Meeting Minutes March 6, 199? Page 5 ------------------ including a fence. Mr. Hearing explained that curbing would be installed to create entrances into the shopping center on the north and south ends, which would provide a great safety benefit by defining drive areas. Terminal islands with landscaping had been provided within the shopping center parking lot, which would help organize and identify parking areas. A chain link fence with slats would be installed along the rear, bordered with landscaping which would grow tc cover the fence, at which time the slats would be removed. All exotics on the property would be removed. Along U.S. One, a Eugenia hedge would be installed and irrigated. Councilmember Hansen questioned whether tenants in this center were concerned that adding landscaping would reduce the ability of passing motorists to see their establishments. Mr. Hearing responded that visibility was always a concern, and that he believed the plan presented satisfied the developer's need for visibility and the Village's need to provide beautification and enhancement to this center. Councilmember Hansen questioned the lack of irrigation in the terminal islands, to which Mr. Hearing responded that spider lily plants had been chosen which would not need irrigation so that asphalt would not have to be dug up and patched. Councilmember Capretta questioned that the landscaping percentage would increase only lo. Mr. Hearing commented that although he had not calculated the percentage, he believed it would be approximately 150. Councilmember Capretta questioned the cost of the proposed improvements. Mr. Hearing explained that the landscaping cost would be approximately $28,000 and the total project including the parking area would cost approximately $40,000 to $50,000, and that completion was expected by July 4. Mayor Mackail commented that during past annexation efforts to bring Waterway Village into the Village, it had been learned that there was a tremendous amount of water runaff from the building, and questioned whether that runoff was being directed to the landscape areas. Mr. Hearing responded • that would be looked at and a written response provided to the Village. Vice Mayor Schauer questioned whether • Village Council Meeting Minutes March 6, 1997 Page 6 ------------------ DOT had been contacted regarding the hedge along U.S. One. Mr. Hearing explained that he did not know, however, there was previously a hedge in that location of which remnants remained. Village Manager Bradford commented that Waterway Village had also had concerns regarding the noise from the rear of the shopping center, particularly when garbage trucks were picking up dumpsters; and questioned how the Community Appearance Board came to the conclusion that the best choice for the barrier would be a chain link fence with slats since the code called for a 6-foot opaque wall or fence. Mr. Hearing responded that the fence would be 6' in height, that no homes in Waterway Village abutted this property, and that the cost of a wall in this case would have infringed upon the reasonableness of the proposal. The Cocoplum hedge was discussed, resulting in consensus that the hedge material should be changed • to a plant which would grow more quickly to fence height and would make a fuller hedge to provide a buffer for Waterway Village residents. Vice Mayor questioned whether the fact that the Village Square Shopping Center tenants did not pay a common area maintenance charge was unusual. Mr. Hearing responded that he did not know the answer. Mr. Hearing explained that Eugenia had not been used for the rear hedge because it was not native, but explained that it would grow quickly and could be installed at 30". Native plant alternatives were discussed. Vice Mayor Schauer made a motion to approve the Ordinance 377 Landscape Plan and Waiver request for Village Square Shopping Center, 221-189 U.S. Highway One South, with the rear hedge material to be changed to Eugenia which will be installed at 30 inches in height; and with. a response to be provided in writing to the Village regarding the drainage of water runoff from the building. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer = for Joseph N. Capretta for • Village Council Meeting Minutes March 6, 1997 Page 7 Carl C. Hansen - for The motion was therefore passed and adopted. B) Special Exception Use Public Hearing, Pancho's and Pepe's Mexican Restaurant, 150 U.S. Highway One North, the Sale of Alcohol Beverages within a Mixed-Use District. Pancho's and Pepe's Mexican Restaurant, Applicant. (A QUASI-JUDICIAL HEARING) Village Clerk Manganiello conducted swearing-in of one witness, Lillian Torrez, daughter of the owner of Pancho's and Pepe's Mexican Restaurant. Village Planner Damien Peduto explained that this was a • Special Exception request where the applicant had an existing restaurant within a strip shopping mall, and had applied to sell alcoholic beverages, which was allowed by Village Code Section 10 (I) (1) within the mixed-use zoning district, and explained that the properties to the north, south, and east surrounding the subject parcel had existing commercial uses. The property to the west was vacant and scheduled to be developed with DiVosta's townhomes. Mr. Peduto explained that one other restaurant in the same strip plaza did currently serve alcoholic beverages, and that staff recommended approval of this application. Mr. Peduto reported that a letter had been received from the church located within 1,000 feet of the restaurant and that they had no objection to the applicant's request. Ms. Torrez explained that current hours of operation were 11 a.m. to 9 p.m. Vice Mayor Schauer requested that Mr. Peduto ask Building Official Scott D. Ladd why it had taken so long for Village Council to go over the landscape plans for Ordinance 3~7 for this center, since it had been • reviewed by Community Appearance Board on January 8, 1997, • Village Council Meeting Minutes March 6, 199? Page 8 Village Manager Bradford commented that in the last such application, which was made by Cobblestone Cafe, the Village Council had conditioned the approval on the current hours of operation so that in the event that the ownership changed and new hours were instituted then the owners would have to return to the Village Council for a new approval. Ms. Torrez explained that their license was for beer and wine only, and questioned whether a new approval would be needed if the owner decided to install a bar. Mr. Peduto commented that the special exception approval could be limited to the current square footage, so that if additional space was added a new approval would be needed to serve alcohol in that additional space. Village Manager Bradford commented that if a bar was added to the existing space that a license from another entity would be needed, and that the Village ordinance • only addressed alcohol and not the type of alcohol, so that another approval from the Village would not be needed unless operations would be outside the scope granted with this approval. Hours of operation were discussed, with the conclusion that the approval should be conditioned on operation being from 11 A.M. to 10 P.M, so that even though closing was at 9 P.M., if patrons were still in the restaurant at closing they could have alcohol with their dinners. Mr. Peduto suggested that a condition could be made that the special exception would expire if the use ceased for either six continuous months or 12 nonconsecutive months within a 24-month period. Village Attorney Randolph advised that another restaurant could come in and take the applicant's space and operate under the same conditions. Discussion of this matter ensued. Vice Mayor Schauer made a motion to approve the Special Exception Use for the sale of alcohol beverages within a mixed-use district at Pancho's and Pepe's Mexican Restaurant, 150 U.S. Highway One North, within the hours of 11 A.M. to 10 P.M. Monday through Sunday, with this Special Exception Use to expire upon six • continuous months lapse in operation. The motion was seconded by Councilmember Hansen. The vote on the motion was: • Village Council Meeting Minutes March 6, 1997 Page 9 ------------------ Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for The motion was therefore passed and adopted. VIII. NEW BUSINESS C) Resolution No. 10-96/97; Consideration of Authorization of Community Development Block Grant (CDBG) Supplemental Appropriation for Repairs and Expenses Related to Hurricane Opal and DR-1074 in the amount of $121,716.33 and authorizing the Mayor to Execute Letter of Support to the State of Florida, Department of • Community Affairs, for the Local Negotiation and Allocation Process on behalf of the Village Council. (Staff Recommends Approval) Village Manager Bradford explained that Resolution 10- 96/97 would authorize the Mayor to send a letter to receive $121,716.33 which Damien Peduto and Al Oslund had been successful in obtaining for the Village through their efforts in submitting grant applications. A total of seven communities in Palm Beach County had applied for this money, however, only Palm Beach County, Tequesta, and the City of West Palm Beach had been approved, all in an equal amount of $121,716.33. Village Manager Bradford thanked Mr. Peduto and Mr. Oslund for their efforts, and advised the Village Council that this money was equal to the salary and benefits of Mr. Peduto and Mr. Oslund for 1-1/2 years, and if staff were allowed to pursue these grants on a regular basis it could really pay off for the Village. Mayor Mackail commented that the Village had included a budgeted item in the budget for years in order to accommodate the State requirements for block grants. Councilmember Hansen stated that it was very impressive that a municipality as small as Tequesta had received • the same amount as Palm Beach County and West Palm Beach. Mayor Mackail extended congratulations to Mr. • Village Council Meeting Minutes March 6, 1997 Page 10 ------------------ Peduto. Vice Mayor Schauer made a motion to approve Resolution 10-96/07. Councilmember Hansen seconded the motion. Village Attorney Randolph read Resolution 10-96/97 by title only. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for The motion was therefore passed and adopted. E) Consideration of Procedures for Village Council Appointment for Vacated Village Council Seat 1. • Village Manager Bradford commented that at the last Village Council meeting Councilmember Meder had announced his resignation and Mayor Mackail had suggested that suggested procedures for appointment for the vacated seat be formulated by the Village Manager. Village Manager Bradford stated that this was a political decision, whether a formal or an informal process was used. The Village Manager stated that he saw no benefit to a strictly formalized process, because the person chosen must satisfy each individual Councilmember that he or she was capable of performing the job, and individual Councilmembers might each have different criteria. Village Manager Bradford recommended that if the Council was inclined to fill the seat that they do so at the April 10, 1997 Village Council Meeting and that each Councilmember be prepared to nominate a person for Village Council appointment from a list of suggested qualified people which they had had an opportunity to consider and research. Councilmember Hansen expressed concern that a nomination might not be seconded, which would be embarrassing for the party nominated. With only four • Councilmembers, if a nomination did receive a second, that would be 500 of the votes. Councilmember Hansen Village Council Meeting Minutes March 6, 1997 Page 11 ------------------ suggested an alternative method similar to that used to establish annual priorities, wherein the person who received the highest rating would receive a unanimous vote from the Council at their meeting. Village Attorney Randolph advised that a list could not be rated and then submitted to the Village Manager; however, the Village Manager could submit a list to the Village Councilmembers for consideration and at the meeting the persons on the list could be numerically rated. The Village Attorney explained that this procedure would also be public, so that there was really no way to avoid embarrassment by either method. Another problem with the weighting process was that it could be stacked by one person if they gave their preference a high number and a low number to a person they believed to be popular with everyone else. Councilmember Capretta agreed with Councilmember Hansen • that a nomination might not receive a second, but commented that the Council's policy was to be open, and that was in accordance with the Sunshine Law. Vice Mayor Schauer commented that she had not had many phone calls regarding this matter. Councilmember Capretta commented that a Jupiter Courier article had stated that the appointment would be made at the May Village Council meeting and had named the two most likely candidates. Vice Mayor Schauer questioned whether Councilmembers could talk to possible candidates outside of a Village Council meeting, and whether the seat would be filled at a regular or special Village Council meeting, to which Village Manager Bradford responded that the Council could follow whatever process they wanted. Tom Little, 486 Dover Road, commented: better thee than me. Peggy Virhoven, Point Drive, commented that she had had questions regarding the newspaper article, and asked whether the public would be left out of the informal process. Vice Mayor Schauer responded it was her understanding that the process would be done at a • public meeting with the candidates present, and she assumed that each candidate would be called upon to • Village Council Meeting Minutes March 6, 1997 Page 12 respond to questions. Village Attorney Randolph interjected that was what the Council must decide, and that was not necessarily how it would be done, but the vote on the candidate would be at a public meeting. Ms. Virhoven made comments to the effect that people would like to know the candidates' position on various matters. Further discussion ensued regarding the fact that the seat could be left vacant and when the Council should act on an appointment. It was the consensus of the Village Council to place the matter on the agenda for the next Village Council meeting for consideration. Councilmember Capretta commented that he had been talking to potential candidates and that each Councilmember should do the same so that nominations could be made. F) Consideration of Letter of Response to FPL Regarding Siting of Hills-Plumosos 138kV Transmission Line Village Manager Bradford reported that a letter had been received from FPL regarding the Hills-Plumosos transmission line, proposed by FPL to run up the east side of Old Dixie Highway to County Line Road and to the substation located due east of Tequesta Park. Village Manager Bradford explained that his memo to the Village Councilmembers contained suggested response paragraphs to FPL, and if agreed to by the Council, those paragraphs would be in a letter of response to Mr. Rod Macon of FPL. Village Manager Bradford reviewed the suggested responses, and explained that FPL cost estimates were suspect and that the Town of Jupiter had hired professional engineers to do an estimate for comparison purposes. The location of the line crossing the river was discussed. Village Manager Bradford reported that Jupiter wanted the line to cross on the west side of Alternate AlA bridge or under the riverbed to preserve the view of the river, while FPL wanted to cross the river to the east of the bridge with the lines 20' above the highest grade of the • bridge. Going through Tequesta, FPL was willing to put the line along the east side of U.S. One as requested Village Council Meeting Minutes March 6, 1997 Page 13 ------------------ by the Village Council; however, they would charge the Village $413,000. FPL would run the line for nothing along the east side of Old Dixie Highway. Councilmember Capretta reported he had recently met with Mr. Van Brock on this subject, who was concerned about the possibility of the line running along the east side of Old Dixie, and questioned why he had not been contacted as landowner of that whole area. Mayor Mackail favored sticking to the decision made by the Village Council and working with Jupiter on this matter. Councilmember Capretta reported that Mr. Van Brock had shown him an easement along the west side of the railroad tracks between the tracks and Cypress Ridge development, and that might be Mr. Van Brock's preference. Village Manager Bradford reported the gentleman who attends the FPL presentations with Mr. . Macon had stated at the Council of Governments meeting presentation that the poles between Hobe Sound and County Line Road were actually shorter than those intended from the bridge to County Line road because Jupiter Island residents and Nat Reed had complained to FPL that their western view would be disturbed by the original proposal--so that FPL then shortened the distance between the poles and made them shorter. Village Manager Bradford had questioned at that meeting whether Nat Reed and the Jupiter Island residents had paid for that extra cost, but did not receive an answer. The Village Manager concluded that FPL may have set a precedent in that situation if those kinds of changes had been made at the expense of FPL. Direction was given to Village Manager Bradford to research whether the answer could be found in any of the records of Jupiter Island public meetings. Councilmember Hansen made a motion to approve the letter of response to FPL as proposed by Village Manager Bradford with the deletion of item 4. Vice Mayor Schauer seconded the motion. The vote on the motion was: • Ron T. Mackail - for Elizabeth A. Schauer - for • Village Council Meeting Minutes March 6, 1997 Page 14 ------------------ Joseph N. Capretta Carl C. Hansen for for The motion was therefore passed and adopted. Vice Mayor Schauer made a motion authorizing Village Manager Bradford to secure professional cost estimates for the two route options at a maximum cost of $3,000. Councilmember Hansen seconded the motion. During discussion of the motion, Village Manager Bradford estimated the cost to be $500 to $1,000 per route. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for • Carl C. Hansen - for The motion was therefore passed and adopted. G} Announcement/Notice of Attorney-Client Session Concerning Litigation in Village of Tequesta v. Town of Jupiter (Water Rate) and threatened Town of Jupiter v. Village of Tequesta (RO Construction) at a Special Meeting to be Held on March 25, 1997, Commencing at 5:00 P.M., wherein a Closed Door Attorney-Client Session per F.S. 286.011(8) shall be held. John C. Randolph, Village Attorney. 1) Subject matter of meeting 2) Attorney-Client Session Attendees a) b) c) d) e) f) g) h) Joseph N. Capretta Carl R. Hansen Ron T. Mackail Elizabeth A. Schauer John C. Randolph, Esq. Scott G. Hawkins, Esq. Thomas G. Bradford Court Reporter (name to be determined) • Village Council Meeting Minutes March 6, 1997 Page 15 ------------------ Mayor Mackail made the above announcement. Village Attorney Randolph advised that the subject matter of the meeting should be: Village of Tequesta v. Town of Jupiter water rate dispute. Mayor Mackail clarified with Village Clerk Manganiello that this meeting would be held in the Village Hall at 357 Tequesta Drive, Tequesta, Florida. IX. ANY OTHER MATTERS There were no other matters to come before the Village Council. • XI. ADJOURNMENT Councilmember Hansen moved that the meeting be adjourned. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for the motion was therefore passed and adopted and the meeting was adjourned at 8:30 P.M. Respectfully submitted, ATTEST: J ann Manganie lo~ Village Clerk DATE APPROVED: Betty Laur Recording Secretary ~ io , ,r 9 9 7