Loading...
HomeMy WebLinkAboutMinutes_Regular_04/13/1995VILLAGE OF TEQUESTA ~,, Post Office Box 3273 357 Tequesta Drive f Tequesta, Fiorida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES APRIL 13, 1995 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, April 13, 1995. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Elizabeth A. Schauer, Carl C. Hansen, and Joseph N. Capretta. Vice Mayor William E. Burckart arrived at 7:08 P.M. Also in attendance were: Village Clerk Joann Manganiello sitting in for Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE. Councilmember Elizabeth A. Schauer gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Addition of the following agenda items was requested under Any Other Matters: Councilmember Schauer requested discussion of a meeting to be held at Jupiter High School regarding a School Board letter sent to Village Manager Bradford on March 31, 1995. Councilmember Hansen requested discussion of commercialization on the Loxahatchee River. Councilmember Capretta requested discussion with the Village Attorney regarding a legal position on Country Club Drive. Under New Business, Item 9A, Mayor Mackail requested discussion of a letter to the County Commissioners and an '~„ Ilecucled Paner Village Council Meeting Minutes April 13, 1995 Page 2 amicable way to resolve the problems of Country Club Drive. Councilmember Schauer moved that the Agenda be approved as amended. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was therefore approved as amended. IV. 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: V. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment; January 23, 1995 *B) Code Enforcement Board; October 4, 1994 *C) Community Appearance Board; February 22, 1995 *D) Community Appearance Board; March 1, 1995 *E) Firefighter's Pension Trust Fund; December 14, 1994 *F) Village Council Meeting; March 9, 1995 *G) Village Council Meeting; March 23, 1995 *H) Village Manager's Report; March 6 - April 7, 1995 XI. NEW BUSINESS *F) Consideration of Acceptance of FY 1993-1994 Comprehensive Annual Financial Report. Bill C. Kascavelis, Director of Finance. (Staff Village Council l~ieeting 1Kinutes April 13, 1995 Paqe 3 Recommends Approval) Councilmember Hansen moved that the Agenda be approved as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. l~iackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VI. COMl~IIITTEE REPORTS A) Public Works Committee; March 8, 1995 Village Clerk Manganiello reviewed the committee meeting the subject of which had been the Eastwinds Landing roadway repair and reported that residents of the Eastwinds Landing Subdivision had been in attendance. It was pointed out that the Village Council had approved temporary repairs using concrete patching, with photographs and videotaping of the surface and subterranean conditions to be made prior to the repair, and the Village Manager was given authority to proceed with temporary patching. Village Clerk Manganiello reported that photographing, videotaping, and repair of two of the three major repair areas had been accomplished; that the third major repair area should be finished by the end of the next week; and that discovery of evidence was still continuing. Options had been given to the residents: closing sections of the road and allowing access to driveways during the permanent repair, which would take 3-4 months; or in the alternative to repair half (one side) of the road at a time; or to close the road completely, which would require 2-3 months; and the Village was waiting for the residents' response. Residents in attendance had requested that the permanent repair take place in the summer when some residents would not be there. Management of Tequesta Country Club had been contacted to see if the Village Council Meeting Minutes April 13, 1995 Page 4 ------------------------------- residents could use their parking lot if the road were completely closed for repair; however, response had been that since materials and equipment for major repair of their golf course would be stored there at that time that residents could have ingress and egress, but no overnight parking. Mayor Mackail verified with Building Official Scott D. Ladd that as repairs were proceeding that the evidence was being kept track of for the lawsuit. Motion was made by Vice Mayor Burckart to approve the Public Works Committee Report for the March 8, 1995 meeting. Motion was seconded by Boardmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. VII. DEVELOPMENT MATTERS A) Consideration of Request for Waiver for Parking of Recreational/Travel Trailer Pursuant to Section X(L)(2); Appendix A, Zoning, Section X(L)(5); by Thomas and Mildred Little, 486 Dover Road. Building Official Scott D. Ladd explained he and Police Chief Roderick and Code Enforcement Officer Davis had met with Mr. Little at his site; subsequently, Building Official Ladd had prepared a drawing which was provided to Councilmembers, showing where on the property Mr. Little could park his recreational vehicle and meet the intent of the Ordinance. Building Official Ladd reported that since Mr. Little had expressed concerns regarding the fence which divided his property from his next-door neighbor, Mr. Vorpagel, he had verified by records retained by the Village and another site visit that the fence was 9 inches onto the Vorpagel property. Mr. Ladd pointed out that staff had recommended denial ,;~, of the request since they believed there was a Village Council ,,~„~ 1~Ieeting Minutes April 13, 1995 Page 5 reasonable place to park the motor home although modification to trees and plantings would be required. Mr. Little stated that he had lived at 486 Dover Road for thirty years; that in order to park where staff recommended he would .have to remove seven trees; and that remaining trees would create a blind spot so that traffic on Dover Road would not be able to see his motor home pulling out onto the road in time to avoid an accident. Mr. Little stated he was very reluctant to remove seven trees from the Village, designated as a Tree City. Mr. Little explained that the fence between his property and Mr. Vorpagel's property was three feet onto Mr. Little's property as evidenced by a concrete marker from the original survey of his lot, and that the fence no longer allowed parking a motor home in that space as he had done for twenty-five years prior to erection of the fence, however, he did not wish to upset his neighbor. Mr. Little stated he would be willing to plant a hedge to block the view of his driveway and home from Tequesta Drive. Mr. Little reminded the Council that Dr. Oenbrink had requested that the variance be granted because of medical disabilities in his home. Councilmember Schauer asked for clarification since Building Official Ladd had reported the fence nine inches onto Mr. Vorpagel's property and Mr. Little had reported that it was 3 feet onto his property. Building Official Ladd explained that he had measured from the survey submitted with Mr. Vorpagel's fence application, and any argument over a survey was a civil matter and not the purview of this Council. Mr. Ladd responded to Councilmember Hansen that there had been no changes since the staff visit. Councilmember Capretta expressed his opinion that if there were any way to make an exception as a temporary measure that the Village should accommodate Mr. and Mrs. Little. Vice Mayor Burckart read from the code regarding granting variances and stated he believed there was a real reason to grant a variance in this case. Village Attorney Randolph clarified for Mayor Mackail that a hardship related to granting of variances normally was ~. based on whether there was an unusual lay of the .:, land, rather than a medical hardship. Councilmember -. Village Council Meeting Minutes April 13, 1995 Page 6 Hansen expressed concern that little effort had been made by Mr. Little to comply with the Village Ordinance. Mayor Mackail expressed his opinion that staff had done a commendable job in trying to compromise between Mr. Little and the Village Ordinance, and since a mutual compromise had been met that he would vote against a waiver. Mr. Little stated he would not fight with a neighbor over a fence, but expressed concern of the danger of pulling out onto the street from the parking position recommended by staff. Motion was made by Councilmember Capretta to grant the waiver. Motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - against William E. Burckart - against Elizabeth A. Schauer - against Carl C. Hansen - against Joseph N. Capretta - for The motion therefore failed. Mr. Little asked what recourse was available and was advised by Village Attorney Randolph there was no other place to go beyond the Village Council. The Village Attorney advised the Council that they needed to make a positive motion; that a negative motion had failed; and that someone needed to make a motion to deny the waiver. Motion was made by Councilmember Hansen that the application for waiver be denied. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Josegh N. Capretta - against The motion was therefore passed and adopted. .. Hattie Siegel, 498 Dover Road, spoke in support of Mr. and ,, Mrs. Little's application by expressing her opinion that the x. Village Council Neetinq Minutes April 13, 1995 Page 7 ------------------------------- lay of the land was different than others, that various waivers had been granted to others in the past, and urged the Village Council to reconsider their decision. VIII. ADJOUIRNHBNT Councilmember Schauer wooed that the Village Council meeting be adjourned in order to enter into the workshop portion of the westing. Councilmewber Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Williaw E. Burckart - for 8lizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 7:37 P.K. VILLAGE OF TEQUESTA VILLAGE COUNCIL WORKSHOP MEETING MINUTES APRIL 13, 1995 IX. WORKSHOP NATTERS (Workshop itews are to enable the Village Council informal review of the same. No official action can be taken on such items) A) CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a special workshop meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, April 13, 1995, under agenda item IX of the regularly scheduled Village Council meeting. The meeting was called to order at 7:38 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 William E. Burckart, Elizabeth A. Schauer, Carl C. Hansen, and Joseph N. Capretta. Also in attendance were: ~~ Village Clerk Joann Manganiello sitting in for Village Manager Thomas G. Bradford, Village Attorney John C. Village Council Meeting Minutes April 13, 1995 Page 8 Randolph, and Department Heads. B) REVIEW OF WORKSHOP MATTERS 1) Review of Workshop Matters Review of Proposed Changes to Landscaping and Site Plan Parking Layout for R-Mart Expansion at County Line Plaza and County Line Plaza Landscaping to Meet Ordinance No. 377, 500-722 II. S. Highway One North, Tequesta. Anne Marie Eustace, Interplan Practice, Inc., the architectural consultant for K-Mart, recapped the situation to bring the Council up to date. Ms. Eustace explained that the Board of Adjustment had considered two issues, 1) to bring the existing County Line Plaza into compliance with the new landscape ordinance which required an upgrade from 15~ to 25$ open space, and explained that the timing of the K-Mart expansion was such that K-Mart was to help that upgrade as much as possible, considering site restraints. 2) Reduced parking was required in order to achieve the additional open space. A balance which increased landscaping of 18.3 vs. reduced parking to 905 spaces had been approved by the Board of Adjustment. The Community Appearance Board had approved the appearance and visual aesthetic views of the building as well as the appearance and upgrading of the landscaping, with detailed discussion of the positioning of plantings, which resulted in landscaping being moved from the rear to the front of the building. Potted plants had been approved for the arches in front of the building which K- Mart had decided to upgrade with fully irrigated planters. An on-site Village Council workshop meeting held on March 29, had brought up a number of concerns which had been reconsidered by K-Mart, Interplan ,f.-~ Practice, Inc., and Columbia Engineering and resulted in a revised plan which was hoped would Village Council Meeting Minutes April 13, 1995 Page 9 receive final approval on April 27, 1995. Ms. Eustace reviewed the revised plan, and explained that 132 live oaks would be removed in front of the shopping center and replaced with 199 sabal palms positioned in clusters of three ranging from 8 to 16 feet in height, clustered to be aesthetically pleasing. Islands on the north entrance just across the cross drive would be increased in size, which necessitated four parking spaces being moved to the rear of the site. The recycling dumpster would be relocated to the south side of the K-Mart building between the existing dumpsters. Repairs would be made to the existing dumpster and a substantial amount of landscaping added to screen the enclosure from future development to the west. Relocation of the recycling dumpster necessitated moving three parking spaces to the rear. The irrigation system would be repaired. Councilmember Schauer referred to the Community Appearance Board minutes of February 29, 1995, and questioned whether Mr. Miller had replaced all the dead trees behind Winn Dixie and improved the hedge, which he replied had not yet been done. Councilmember Schauer asked what decision was made regarding screening the shopping carts. Ms. Eustace explained that they were to be screened by large potted plants, however K-Mart would like to replace the potted plants with fully irrigated planters. Councilmember Schauer pointed out to Mr. Miller that all of the hedge on the south side of the County Line Plaza property was dead and needed to be replaced. Mr. Miller, with Tamwest Realty, owner of County Line Plaza, responded that it was not all dead, just not growing, and that he planned to use the live oaks to upgrade that area where they might grow better, as he had learned from George Gentile, Landscape Architect, that those trees were not salt tolerant and that the wind shear factor in their present location might have contributed to their not growing well, Mr. Miller reported that a code violation had been issued to ,,, Tamwest Realty regarding dead trees behind Winn Village Council ,,,,„, Meeting Minutes April 13, 1995 Page 10 ------------------------------- Dixie and they would like to use some of the oaks in that location. Mr. Miller stated he would like to get recommendations from Mr. Gentile and other landscape architects to find out what type of hedge would grow well. Councilmember Schauer cautioned not to use the type of hedge at St. Jude~s church which was also recommended by Mr. Gentile, since it was not doing well. Councilmember Schauer addressed the irrigation of County Line Plaza by presenting a plan to Mr. Miller to change from the present single water meter to four meters in order to increase the water available at a savings per month over the present monthly charge which could be realized after 32.7 months in which to recover the cost of the new installation. Councilmember Hanson stated his concern was the landscaping, and requested assurance that the new landscaping would be well maintained. Mr. Miller stated that the shopping center management would do everything possible as far as maintenance. Councilmember Hanson suggested that more irrigation was used in the rainy season and less in the dry season instead of the other way around, to which Mr. Miller responded that there had been problems with the system as well as unusual weather patterns, and that 36 zones had to be operated between 10 p.m. and 6 a.m. in order not to be operating when customers were in the center. Councilmember Capretta addressed the issue of requiring employees to park in the rear to leave plenty of parking for customers in the front. Ms. Eustace stated that it was her understanding that a provision in the leases allowed rear parking to be mandated for employees if that became an issue. Councilmember Capretta discussed the amount of landscaping, and Ms. Eustace stated that 223 new sabal palms at a cost of approximately $60,000 would be added--which included the 199 palms that would replace the oaks in the front of the center. Ms. Eustace responded to Councilmember Capretta that K-Mart was not proposing to widen the landscaping areas between parking rows but that palms required less growing area that the present Village Council Meeting Minutes April 13, 1995 Page 11 live oaks. Ms. Eustace explained that K-Mart was not interested in installing smaller parking spaces at this time since there was sufficient parking at 4 spaces per thousand square feet, and did not want to encounter the added expense of repaving and restriping, but wanted to keep the variance they had been granted for reduced parking. Ms. Eustace suggested that at the time of a possible future expansion by Winn Dixie that the shopping center and Winn Dixie might accomplish that change and that a revised parking ordinance to allow smaller parking spaces might be in place. Building Official Scott D. Ladd assured Councilmember Capretta that the number of plants installed would be counted for compliance with the plan before a certificate of occupancy was issued. Building Official Ladd pointed out that the property owner rather than K-Mart was responsible to comply with Ordinance 377, and that there were a ~' number of other areas that were out of compliance that had not been addressed. Mr. Miller informed the Village Council that other tenants of the shopping center had been notified of the K-Mart expansion. He stated that a parcel adjacent to Winn-Dixie was allocated for future expansion of Winn-Dixie, and requested that parcel be allowed to be a part of the landscaping open space requirement until either parking became saturated or Winn-Dixie decided to expand, when the parking lot would be repaved and restriped. Winn- Dixie had commented they did not want parking immediately in front of their store changed to 9'x18'. Ms. Eustace expressed concern that K-Mart's expansion was getting tied into an upgrade of the entire shopping center which she believe was unfair to K-Mart. Mayor Mackail agreed there was misunderstanding and confusion regarding what the Village Council wanted from K-Mart, and stated that there would be no discussion at this meeting regarding changes to other areas within the site. The Mayor expressed concern that landscaping had always been a problem, and commented that the >. Village Council Keetinq Kinutes April 13, 1995 Page 12 desire of the Council at the Iast meeting had been to enhance the landscaping to visually improve the percentage. Ms. Eustace responded that she believed this plan would increase the visual perception from 18.3 to 20$ or 21~ as the Village Council had requested, and that anything not reflected on the revised plan was a code enforcement issue with County Line Plaza, with which the Council concurred. Vice Mayor Burckart indicated that he felt the revised plan did not reflect the requests made at the on-site meeting, and asked several questions of both Ms. Eustace and Mr. Miller. The Vice Mayor determined from answers received and clarification from Building Official Ladd and the Village Attorney that the landscape variance applied to the entire property, not just to the K-Mart site, and stated he could not support this petition, because Ordinance 377 was being thrown out and earlier in the meeting compliance with another ordinance by another applicant had been required. Jason Hemming, with K-Mart, responded to a question by Councilwoman Schauer that K-Mart had not done a marketing study for this expansion to determine the impact of Wal-Mart competition, but that it was part of a national program for K-Mart stores. Village Attorney Randolph stated that the Council was dealing with landscaping for the entire property, that Ordinance 377 applied to the whole property, and that the Council should not be under any misconception that they could not require the whole property to come into compliance; however, that was not to say that they needed to require the whole property to come into compliance if they felt they were getting something good for the Village and something more than was there at the present time on the basis of this application. Village Clerk Joann Manganiello reminded the Council that this workshop had been scheduled to .:~ address any shortfalls or concerns prior to the April 27 special meeting for special exception and Village Council ,, Meeting I+Iinutes April 13, 1995 Page 13 ------------------------------- site plan review of the K-Mart expansion, and asked Building Official Ladd to clarify what K-Mart needed to do to be ready for that meeting. Building Official Ladd stated there were other areas on the plan that did not apply to K-Mart and that the property owner had ignored other areas to the point where they had been cited by the Code Enforcement officer for dead trees, and that it appeared the property owners were trying to ride the coat tails of K-Mart in this situation. Mr. Ladd stated that K-Mart was really making an effort, however, their purview only applied to the area they had leased, and the Village needed to deal with the total property. Councilmember Capretta commented that the Council must be careful not to confuse the K-Mart expansion with the landscaping for the whole center, that he believed the Council consensus was that they did want K-Mart to expand, and cautioned that care be taken that ~~ this matter was not handled in such a way that K- Mart did not receive a definite answer on April 27. Ray Royce, Attorney for K-Mart,. stated that K-Mart wanted to leave this meeting with proper direction, and although the Village might not get everything they wanted at that center, K-Mart's contribution would certainly be a start in the right direction, and there would be other opportunities to complete the job. Vic Strahan, Community Appearance Board Vice Chair, commented that K-Mart's proposal was in excess of the requirements made by the Community Appearance Board. Mr. Strahan stated he would like to discuss with them the use of a variety of palms rather than sole use of sabal palms, and also commented that the Community Appearance Board was very happy that the K-Mart application was in the process of being separated from the overall problem with the shopping center. Claudette Dalack, member of the Community Appearance Board, called for clarification of the irrigated planters which were to be the replacements for the large potted plants approved by the Community Appearance Board. Lewis Village Council meeting minutes April 13, 1995 Page 14 ------------------------------- Young of Columbia Engineering explained that the irrigation would hopefully keep the wining plants healthy and minimize maintenance. Kenneth Northamer, Chairman of the Board of Adjustment, commented that the Board of Adjustment's decision had been based on the premise that K-Mart was speaking for the whole project because percentages had been discussed for landscaping and for parking spaces. Sam McRoberts stated he represented the owner of the 3.77-acre property adjacent to K-Mart on the north and questioned the use of sabal Balms to provide a heavily landscaped buffer between the two parcels. He stated that he wanted K-Mart to expand, however, was concerned with the future expansion of Tequesta and the traffic that would ensue, and the reduced parking in the center. Mr. McRoberts explained that he had expended funds for a site plan for a hotel on the property adjacent to K-Mart, however, economic conditions had not been favorable until recently for such a project. Mr McRoberts stated that the variances granted for this project would create a hardship for his site and that he would need variances as a result. He stated his opinion that Tequesta would not be ready for the coming growth of the area. John Giba commented on the fact that K-Mart had not done a market study and asked whether this expansion was necessary, since Tequesta was 98~ built out and competition was coming into the area which was estimated to take 30$-40~ of K-Mart's customers. Mr. Giba expressed concern that if the expansion were really not needed that the K-Mart store could become a blight similar to the current downtown situation, and that was the real issue rather than sabal palms. Mayor Mackail questioned Building Official Ladd as to whether he was prepared for the next meeting. Mr. Ladd replied affirmatively, given that K-Mart was going to proceed with their expansion and that would be a separate issue from compliance with Village Council ,,, Meeting Minutes April 13, 1995 Page 15 ------------------------------- Ordinance 377 by the property owner. Village Clerk Manganiello pointed out it was one thing for the Council to require K-Mart to install a certain amount of landscaping and that it was quite another thing to assure that the management of the shopping center would adequately maintain that landscaping, and suggested that the attorney for Tamwest and Village Attorney Randolph could make a recommendation how Tamwest could assure the Village and the shopping center tenants that the landscaping would be properly maintained. Village Attorney Randolph advised that since the K-.Mart application was being allowed to stand on its own without involving the remaining portion of the shopping center that any guarantees regarding landscaping would need to come from the applicant in regard to irrigation, etc., and that he foresaw the Village entering into a Developer's Agreement with this applicant in regard to those things that they represented they would do, such as the number of trees to be installed and certain areas to be and to remain screened and buffered, and in order to do that that they would have to use irrigation. Attorney Randolph indicated he would like all those things to be spelled out in an agreement which would be binding upon the applicant.. Ms. Eustace asked whether he meant the applicant in that case to be Tamwest Realty. Attorney Randolph replied he did not yet know the source but that it would be either Tamwest Realty or K-Mart. Ms. Eustace stated that K-Mart could propose landscaping and could pay for all or a portion, but maintenance was a County Line Plaza issue and a code enforcement issue. Attorney Randolph asked whether she referred to the part of the property K-Mart was dealing with or the whole shopping center. Lewis Young stated that K-Mart was not in the property management business, which was why they leased. Village Attorney Randolph stated that K-Mart was proposing installation of certain landscaping in order to convince the Council to move forward with approval of their expansion. Ms. Eustace replied K-Mart was doing that as a requirement of the ,,,, Village. Mr. Lewis stated it was K-Mart's Village Council Meeting Minutes April 13, 1995 Page 16 responsibility at present to install the irrigation, landscaping, parking, building expansion within their leased area; negotiable in other areas, and somewhat negotiable in their area. However, once installed by a contractor hired by K- Mart, approved, and a C/O issued, that K-Mart did not maintain the property. Village Attorney Randolph stated that he would suggest that if the request for expansion and the variance were from K- Mart and ran to the benefit of K-Mart that K-Mart would need to assure the Village a guarantee that the landscaping would remain and be irrigated properly, whether done by K-Mart or by someone else. The Village Attorney stated the Village could not take two different positions, i.e., (1) that K-Mart was a stand-alone project not bound by what else happened in the shopping center, or (2) at the same time they were requesting an expansion say to the Village that they could not look to K- Mart to maintain the landscaping. Mr. Miller stated that Code Enforcement was the Village's way of enforcing that the landscaping would be maintained. Village Attorney Randolph stated he believed the Village should not have to rely on Code Enforcement when it now had the leverage to require code compliance from an applicant, which could come from K-Mart or from the property owner. Mr. Miller stated the landlord took responsibility for the entire project and would be happy to provide a letter that they would provide irrigation. Attorney Randolph advised that a letter would not be sufficient, that it would have to be a Developer's Agreement which would be recorded and would run with the land; and also possibly a bond to assure the improvements, with the ability of the Village to call down the bond and make the improvements in the event they were not made by the owner of the property. Mr. Miller stated the landlord would be happy to cooperate. Ms. Eustace requested the ability to contact Village Attorney Randolph over the next two weeks regarding any outstanding issues in anticipation of final approval on April 27 and issuance of a building permit and start of construction a week Village Gouncil ,, Meeting Minutes April 13, 1995 Page 17 later if at all possible. The Village Attorney indicated that would be permissible. Mayor Mackail stated that he believed Mr. Miller had indicated the property owner would provide and the Village Attorney had indicated that the Village would require the property owner to provide the protection required in order to satisfy the landscaping concern, and inquired if that could be accomplished by the next meeting. Village Attorney Randolph replied that the agreement or the bond might not be in final form by that time but certainly a recommendation could be made as to how the Village could be protected in regard to the conditions placed upon the approval. Mr. Hemming of K-Mart stated that would be no problem. Councilmember Capretta commented that it seemed that K-Mart would take much more interest in `..,,~„ maintenance of the landscaping since it would affect their business. Vice Mayor Burckart stated he was confused, and asked whether the whole issue was being divided into three separate issues, (1) K-Mart expansion, (2) Jo-Go expansion, and (3) the overall shopping center, which was verified by Building Official Ladd. Building Official Ladd also verified that the variance for parking and the variance for landscaping were for the landowner. Vice Mayor Burckart requested that be spelled out for the next Council meeting. Village Attorney Randolph clarified that the Vice Mayor wished staff to spell out the approvals that had been made, exactly where the situation stood, and what was considered here and what might be considered in regard to other applications. Vice Mayor Burckart also requested that if only K-Mart was being considered at the April 27 meeting that their lease area be shown, with the part of the parking lot that was theirs indicated so that the Council could concentrate on just that issue and not bring in everything that did not affect the K-Mart expansion. Councilmember Schauer verified with Building ~~ Village Council Meeting Minutes April 13, 1995 Page 18 Official Ladd that the Village Council could not override anything approved by the Board of Adjustment but could override approvals made by the Community Appearance Board. Councilmember Schauer requested a sheet of paper be provided to the Councilmembers stating exactly what variances were approved and to whom they were granted. John Giba commented that if the desire was that the County Line Shopping Plaza look like the Bluffs, then it needed to be looked at in its entirety. Mr. Giba stated there was no special reservation to any of the tenants for parking or landscaping, and that one entity, the property owner, must be looked to integrate the whole. c) ADJOURNMENT Vice Mayor Burckart moved that the workshop portion of - the meeting be adjourned. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 8:56 P.M. X. RECONVENE VILLAGE COUNCIL MEETING A) The Village Council Meeting was reconvened and called to order at 8:56 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 William E. Burckart, Elizabeth A. Schauer, Cari C. Hansen, and Joseph N. Capretta. Also in attendance were: Village Clerk Joann Manganiello sitting in for Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, and Department Heads. Village Council Meeting Minutes April 13, 1995 Page 19 XI. NEW BUSINESS A) Consideration of Authorization for Mayor Mackail to issue letter to Martin County Commissioners Relative to Settlement Negotiations in Section 28 Partnership v. Martin County. (Staff Recommends Approval) Mayor Mackail explained on April 3rd it had come to his and Village Manager Bradford's attention that Martin County was engaged in settlement negotiations with the Section 28 Partnership concerning proposed development of 600 homes and a possible 27-hole golf course within Section 28 of South Martin County, and since Martin County had nat yet adopted the westerly connection as a part of their thoroughfare plan, it was requested that Mayor Mackail be authorized to issue a letter objecting to settlement negotiations without addressing impacts to the adjacent communities and provision of concurrent infrastructure to mitigate all such impacts. Mayor Mackail commented that 3 or 4 meetings had been held with Jupiter, Martin County, Palm Beach County, and Tequesta which had .reached no resolution towards the problems of Country Club Drive, and that he considered it a regional issue, not a political matter, and believed that Tequesta should take the lead by creation of a task force or committee to meet for six months or a year and then sunset; to consist of people within the business community, and people living on County Club Drive, within the town of Jupiter, and in Martin County, since once Section 28 and Section 33 began to develop without adequate corridors for traffic coming from the west side of the Island Way Bridge he believed that Tequesta, Jupiter and Martin County would all experience problems. He suggested that the task force should not only consider short-term solutions but should view this as a project that would have an effect in Tequesta forever. Mayor Mackail stated he was proposing to write the letter of objection and in conjunction to request authorization of the Village Manager to create a resolution to create a task force to make recommendations and arrive at a solution for the Country Club Drive issue. Councilmember Schauer requested that the word "not" Village Council Meeting Minutes April 13, 1995 Page 20 underlined in the letter in the portion, ~~The Village Council of the Village of Tequesta urges you to ~ seek settlement of this case", also be made bold and ali capital letters. Councilmember Capretta commented that the Judge had basically said that Jupiter must furnish water, and might as well have included all of the infrastructure. Vice Mayor Burckart disagreed with sending only a letter but asked the Village Attorney to f ind out whether Tequesta could f i le a motion in Court against Martin County to become the basis of solving this, so that impact fees would be used to alleviate traffic in this area and not in some other area of Martin County to build roads. The Village Attorney advised that the lawsuit was between Martin County and the developer, and the parties were trying to make an out-of-court settlement, and the Village really had nothing to say in the matter. Village Attorney Randolph suggested a legal solution in regard to Tequesta's responsibilities vis-~-vis Martin County and Tequesta's need to take care of Martin County's development; but advised that there could be no legal action in regard to a settlement that they were attempting to reach between two individual parties in a case in which Tequesta was not involved, and agreed to get in touch with legal counsel for Jupiter and Palm Beach County and look into the matter. Councilmember Capretta requested that the Village Attorney provide a legal opinion on whether Country Club Drive could be closed. Vice Mayor Burckart left the meeting at 9:15 P.M. Motion was made by Councilmember Schauer that the letter of objection be sent to Martin County. Motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. Motion was made by Councilmember Schauer to give Village ,~,,,. Manager Bradford permission to come up with certain ideas on Village Council Meeting Plinutes April 13, 1995 Page 21 forming a task force dealing with the problems of Country Club Drive. 1-Iotion was seconded by Councilmember Hansen. The vote on the notion was: Ron T. l~isckail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. Mayor Mackail verified with Village Attorney Randolph that Attorney Randolph would look into the legal possibilities in regard to Vice Mayor Burckart's and Councilmember Capretta's requests so that the judge would be made aware of the concerns of the other municipalities. Councilmember Capretta suggested that the perfect legal position would be for Jupiter and Palm Beach County to sue Martin County for the money ,. to furnish water and infrastructure. Village Clerk Manganiello verified that a task force was to be created and therefore Village Manager Bradford was to propose a resolution to the Village Council which would address concerns of Country Club Drive, and meet with Councilmember Capretta to set goals and objectives for the task force which would be set up for a time certain, however if goals and objectives were not accomplished by that time that it could be extended. Mr. lsagnor commented that at a February meeting at Jupiter High School that a statement was made by Martin County Commissioner Gettig that they really could not justify building roads in south Martin County. Mr. Magnor recalled mid-70's articles in the Jupiter Courier suggesting the solution to Little Club would be the Girl Scout camp and verified with the Council that the Girl Scout camp was still off limits. Mr. Magnor stated he had not yet decided whether Country Club Drive should be closed, and requested that he be appointed a member of the task force. B) Resolution No. 17-94/95 - Approving a Format Relating to Public School Age Population Agreements to be Village Council Meeting Minutes April 13, 1995 Paqe 22 Utilized when the Village Council Approves a Residential Project. (Staff Recommends Approval) Village Clerk Manganiello explained that at the February 9, 1995 Village Council meeting Village Manager Bradford had been directed to provide a resolution requiring developers of new residential developments within the Village to undertake marketing of their properties to African-Americans in order to strengthen Tequesta's effort in compliance with its Interlocal Agreement with Palm Beach County School Board relative to Student Assignment, and that Tequesta was the only government entity in the Interlocal Agreement which had not approved a developer's agreement. The Village Clerk pointed out that the resolution gave the Village Council discretion and flexibility as to how to impose the developer's agreement. Village Attorney Randolph read Resolution No. 17-94/95 by title only. Councilmember Schauer inquired whether this developer's agreement could be imposed on projects already approved, to which Village Attorney Randolph responded that legislation could not be made retroactive. Councilmember Schauer commented that Tequesta would not be impacted with bussing during 1995-96 school year, but would be in 1996-97. Motion was made by Councilmember Hansen to approve Resolution No. 17-94/95. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. C) Resolution No. 18-94/95 - Providing for Amendments to the Village Budgets Adopted for the Fiscal Year ry Commencing October 1, 1994 (Staff Recommends Approval) Village Council Meeting Minutes }~ April 13, 1995 Paqe 23 Village Clerk Manganiello explained that this was a budget revision to the fiscal year 1994-95 budget required to appropriate expenditures previously approved this fiscal year by the Village Council to the General Fund; revisions to the Bond Construction Fund were required to allocate prior year appropriations that were not expended; and revisions were also made to increase additional interest income to be realized in this fiscal year. Village Attorney Randolph read Resolution No. 18-94/95 by title only. Motion was made by Councilmember Schauer to approve Resolution No. 18-94/95. Motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackaii - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. D) Resolution No. 19-94/95 - Approving an Interlocal Agreement with Palm Beach County for the Distribution of the 6 Cent Local Option Gas Tax Revenues. (Staff Recommends Approval) Village Clerk Manganiello explained that in Palm Beach County for every gallon of gas purchased there was a total of 12 cents in local option gas tax applied to the purchase price, divided between the County and the municipalities. This agreement, adopted in 1986, levied 6 cents with 2/3 distributed to the County and 1/3 to municipalities, would sunset on June 1, 1995 and was submitted for renewal with no changes. Village Attorney Randolph read Resolution No. 19-94/95 by title only. Motion was made by Councilmember Hansen to approve Resolution No. 19-94/95. Motion was seconded by ,. Councilmember Schauer. The vote on the motion was: Village Council Meeting minutes April 13, 1995 Page 24 ------------------------------- Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. E} Resolution No. 20-94/95 - Approving an Amendment to the 1993 Local Option Gas Tax Interlocal Agreement. (Staff Recommends Approval) Village Clerk Manganiello explained that this Resolution was an amendment to the Interlocal Agreement regarding the remaining 6 cent local option gas tax designated 1 cent to mass transportation, with the remaining 5 cents divided between Palm Beach County and the municipalities with the county receiving 79~ and the municipalities 21$. The amendment required the County and municipalities to .. meet every two years to review the method of distribution to make certain it was equitable. Village Attorney Randolph read Resolution No. 20-94/95 by title only. Motion .was made by Councilmember Schauer to approve Resolution No. 20-94/95. motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. G) Consideration of Response to Town of Jupiter Letter Requesting Information Concerning Tequesta Long-Range Contractual Plans for Water Service. Councilmember Capretta reported that discussion at a meeting held with Village engineers and technical people established that Tequesta's long-range intent ,,,~,..M, was to become independent of Jupiter if possible, and that in order to respond to Jupiter's letter, Village Council Meeting Minutes April 13, 1995 Page 25 engineering had to be completed, perhaps wells drilled, etc., to assure feasibility of an R/O plant, which might take six months. Councilmember Capretta summarized that the Village would like to become independent of Jupiter when the current contract expired or possibly sooner, and the timing depended to a large extent upon Jupiter's attitude towards the current agreement and also what their plans were in terms of the Jupiter customers currently serviced by Tequesta. Jupiter had been asked to cooperate for approximately six months while research was completed and had been requested to respond within the next three weeks. Councilmember Capretta suggested that plans also should be discussed with Hobe Sound, and that a regional approach would be most rational. Councilmember Capretta recommended that Village Manager Bradford's draft letter be approved to be sent to Jupiter for their response. Motion was made by Councilmember Hansen to send a letter to the Town of Jupiter in response to Mayor Golonka's letter. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. XII. UNFINISHED BUSINESS A) Ordinance - Second Reading - Amehdinq Section 18- 3(a)(3) Pertaining to Meters and Multi-Family Units; Amending Section 18-6 Pertaining to Metering of Multi- unit Buildings, Non-Residential; Amending Section 18- 3(ij Pertaining to Meter Sizing, Relocation of Meters, Fire Hydrants and Other Appurtenances; Providing for Severability, Providing far Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by ,,.~, Village Council Meeting Minutes April 13, 1995 Page 26 title only, on second reading. Village Clerk Manganiello explained that the major change that this Ordinance would accomplish was to change the system of metering non-residential multi- unit buildings so that it would no longer be necessary for the water department to monitor the number of units within a building since rates would be based only upon meter size. Councilmember Schauer verified with Tom Hall that the rates would remain the same as adopted earlier this year but would now also be applied to commercial use. Mr. Hall explained in response to Councilmember Hansen that this change would make administration easier and that the commercial customers were elated. Motion was made by Councilmember Schauer to approve the above Ordinance. Motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. XIII. ANY OTHER MATTERS Councilmember Schauer stated that she planned to attend the meeting at Jupiter High School on April 12 referenced in a letter to. Village Manager Bradford received on April 4 inviting members of the Council or the Village Manager to attend, Councilmember Schauer stated that she would attend as a SAC member but would also be happy to represent the Village if others could not attend. Mayor Mackail passed the gavel and made a motion that Councilmember be given approval to act on behalf of the Village at the meeting at Jupiter High School on April 12, 1995. Motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for 4 Village Council ,, Meeting Minutes April 13, 1995 Page 27 Carl C. Hansen - for Joseph N. Capretta - for The notion was therefore passed and adopted. Councilmember Hansen stated that he had attended the Loxahatchee Council of Governments as an alternate, where commercialization on the Loxahatchee River had been a topic of discussion. Palm Beach County, Jupiter, and Tequesta would need to make a decision, and Councilmember Hansen requested that the Village Clerk place this item on a future Village Council meeting agenda. Village Clerk Manganiello stated that she would ask Village Manager Bradford to look into obtaining the adopted ordinance from Jupiter and the draft ordinance from Palm Beach County on this matter. Mayor Mackail explained that the Municipal League had decided this matter was not a County issue but was between Jupiter and Tequesta, and therefore did not support the ordinance provided by the County Commission. The Mayor stated that to date he had received no complaints, however, since Jupiter strongly supported this, that the Village needed to find out their reasons and the problems in order to make a decision. Councilmember Hansen stated that the concern was the growth of commercialization and that his own feeling was that the one operator who had been granted a permit should be allowed to continue for a specified period of time but that no new permits should be granted. Councilmember Capretta stated that the library was 18~ complete but should have been 20$ complete by this time, and he understood that the Village had paid 20$ of the money. Councilmember Capretta requested that Village Manager Bradford provide periodic reports regarding the percentage of progress and the percentage of payments made against the funds allocated. Councilmember Capretta also requested a timeline be developed regarding what had to take place in order to make a decision regarding a reverse osmosis plant, and that Village Manager Bradford provide periodic reports on that matter. Councilmember Capretta also requested ~ Village Council Meeting Minutes April 13, 1995 Page 28 that Village Manager Bradford work with Tom Hall to establish the productivity of the wells and also report that information periodically. XIV. COMMUNICATIONS FROM CITIZENS Neal Vanderwaal spoke in regard to the newly adopted water meter ordinance and complimented Village Manager Bradford for his prompt response after he had discussed with him the revision of the water meter system for commercial customers. Mr. Vanderwalt stated that Mr. Bradford had done a wonderful job and that it was nice to live in a small village where when problems arose they were addressed and resolved. XV. ADJOURNMENT Councilmember Schauer moved that the meeting be adjourned. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 9:54 P.M. Respectfully submitted, ~ J Betty~aur Recording Secretary ATTEST: J ann Manganie o Village Clerk DATE APPROVED: