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HomeMy WebLinkAboutMinutes_Regular_10/13/1994VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407)575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES OCTOBER 13, 1994 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, October 13, 1994. The meeting was called to order at 7:29 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, and Earl L. Collings. Also in attendance were: Village Manager Thomas G. Bradford, Department Heads, and Attorney Scott Hawkins sitting in for Village Attorney John C. Randolph. Council- member Joseph N. Capretta was absent from the meeting. II. APPROVAL OF AGENDA Under Agenda Item VIII, Any Other Matters, Councilmember Schauer requested the addition of the Interlocal Agreement with Palm Beach County School Board. Councilmember Collings stated his position that Item III (A) which would amend R-3 District zoning was to have been delayed until the majority of Beach road residents were in residence, and that he intended to move to table this item. Councilmember Collings also requested to speak under Agenda Item VIII, Any Other Matters, on the garage. Councilmember Collings moved that the Agenda be approved as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. 1rlackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted and the Agenda was approved as amended. .. III. PUBLIC HEARINGS Renicled Pn»er Village Council Meeting Minutes October 13, 1994 Page 2 ---------------- A) Ordinance - First Reading - Amending Zoning Ordinance No. 355, as Amended, by Amending Section IV, Definitions, by Adding a definition for Townhouses and Revising the Definition for Multiple-Family Dwelling; by Amending Section VII, Schedule of Regulations and Application of Regulations, Sub-Section (C), Schedule of Site Requirements, by Amending the R-lA, R-1 and R-2 District Site Requirements by Adding Requirements for Minimum Landscaped Open Space and by Amending the R-3 District Schedule of Site Requirements in its Entirety; By Amending Section VII (D), Schedule of District and Use Regulations, Sub-Section (4), R-3 Multiple-Family Dwelling District, Paragraph (a), Purpose of District, by Changing the Maximum Density from Twelve (12) Dwelling Units per Gross Acre to Twenty-Four (24) Dwelling Units per Gross Acre and by Amending Paragraph (b) Permitted Uses by Deleting Single Family Dwellings; Providing for Severability; Providing for Codification; Providing an Effective Date. Attorney Scott Hawkins read the above ordinance by title only, on first reading. Councilmember Collings restated his position on this item and moved to table this matter until the preponderance of Beach Road residents return. Councilmember Schauer asked Village Manager Bradford if proper notification had been sent to all Beach Road residents, to which Village Manager Bradford replied yes; Councilmember Schauer asked Village Manager Bradford if the Village would have to pay another $1,000 in advertisement fees by delaying this item and scheduling first reading for October 27 and second reading in November to which the Village Manager responded that it would cost $750. Councilmember Schauer then stated she would second the motion only because of the number of residents who had contacted her. Mayor Mackail commented he, too, had received several phone calls from Beach Road residents and that his own position was that through an inventory of Beach Road properties it was learned that all of the condominiums on Beach Road were nonconforming and that he felt it was his responsibility to the people on Beach Road so that in the event of a catastrophic event that they have a conforming structure since if nonconforming they could not be built to a previous configuration. Mayor Mackail also commented there had been a problem with FEMA and the Village Council Meeting Minutes October 13, 1994 Page 3 ---------------- State of Florida in regards to the coastal control line. He also stated he had no problem with the motion, however since many people had come to this meeting and requested to speak on this issue he requested the motion be deferred until public comments had been heard. Village Manager Bradford inquired whether the motion was intended to include the date of October 27 for first reading with the second reading in November and received confirmation from Councilmember Collings and Councilmember Schauer. Councilmember Collings asked that action be taken on the motion and then public comments heard. Attorney Ron Kollins stated he represented Mr. and Mrs. Coyle and Lamar Condominium and that since he was present at the meeting to discuss the point of the subject of the motion, the deferral issue, he requested permission to speak before Council voted, to which the Council agreed. Attorney Kollins urged the Village Council to defer the matter beyond the dates mentioned, since a great number of the residents impacted would still not be here in October and November, and stated his belief that the possibility of a catastrophic event within the next few months was so remote that there was no risk. He advised that it was his understanding that if this hearing were continued to a date certain that re-advertisement was not necessary, therefore there would be no cost incurred in extending the date. Mayor Mackail asked Attorney Kollins what his clients' specific concerns were, which he stated he would answer at the appropriate time. Attorney Kollins stated one concern was that with larger buildings would come more traffic and more impacts of all sorts and wanted to know what studies had been done to determine those impacts; and that a particular project next door to his clients' building was waiting to go forward and would be eleven stories towering over his clients' building imposing on the view, the light, the air; therefore, he felt that all the people impacted needed to be present to give their views. Vice Mayor Burckart stated Mr. Coyle had stated he felt Vice Mayor Burckart had a conflict of interest and asked Attorney Kollins if he also felt Vice Mayor Burckart had a conflict of interest. Attorney Kollins stated he had read in the newspapers that Vice Mayor Burckart was in the real estate business and that he had introduced this zoning change and that only Vice Mayor Burckart would know whether he had a conflict of interest. Councilmember Collings questioned the Village Council ~.. Meeting Minutes October 13, 1994 Page 4 Executive Director of the Beach Road Association who was in the audience as to when Beach Road residents would return; she replied approximately 80% would be here in December. Councilmember Schauer stated that since many would travel North for the Holidays she would prefer to wait until after the holidays, when approximately 95~ would be in residence on the island. Councilmember Collings stated he wished to amend his motion to reflect Councilmember Schauer's proposed date. Mayor Mackail stated no one could tell him what they were opposing with this non-conforming issue, and that he had considered the proposed zoning change in light of potential annexation, conforming, potential tax base for the village; and that by asking for a delay the residents were asking the Council not to run the Village in a prudent manner or to make proper decisions. Attorney Kollins restated his position that a catastrophe in the next few months was very remote and pointed out that even if the proposed zoning changes were made to bring the bulk of the non- conforming buildings into conformity that the Coastal Construction Control Line would not allow the buildings to be rebuilt, and that the people wanted an opportunity to participate in this matter. Attorney Kollins stated since he had been retained so recently by his clients he had not had time to prepare a presentation on the substance of the issue, but if the matter were deferred to January he would promise the Council they would have such a presentation. Both Mr. and Mrs. Coyle stated they deferred their comments to Attorney Kollins' comments. Merv Crockett stated he was a member of the Board of Tequesta Towers and requested delay until October and November, not January, since in the event of disaster the Village could not then change the code, and proposed that height be changed to 11 floors with a height of 101 feet instead of the proposed 105 feet. He asked Beach Road residents to consider that there would be a sharp decline in property values for all the buildings on the road if just one building could not be rebuilt. Mr. Crockett stated Tequesta Towers supported the proposed zoning amendment because it would bring a majority of buildings on Beach Road into conformity and because it would eliminate the possibility of townhouses on Beach Road. Village Council Meeting Minutes October 13, 1994 Page 5 ------------------------------- Jack Downey, President of Island House Southwest asked Building Official Scott D. Ladd what percentage of the buildings would be brought into conformity to which Mr. Ladd responded approximately 90$. Mr. Downey stated his people supported the proposed zoning amendment since if one building burned tomorrow they would sit for months boarded up and in lawsuits. Jim McEntegart, 400 Beach Road, stated Mr. Crockett had expressed some of his views and questioned where on the island the proposed density change from 12 to 24 could be done and how it would impact traffic. Building Official Ladd replied that could be done on only one lot, the Sansimier property, which the County was currently considering for approval of a 15-story building 135 feet in height. Mr. McEntegart commented it seemed to be a trend in certain towns that zoning changes were made periodically to accommodate certain parcels; Mayor Mackail stated this issue was conforming and non- conforming and had nothing to do with accommodating a developer. Mr. Ken Yorke, 19850 Beach Road, stated he was the President of Beach Road Association and at an attempted meeting of the executive committee which did not attain a quorum, he had heard so many opposing views that he could not report a unified position among their residents, however, he stated that hurried action could result in mistakes and recommended that action be delayed until more people were in residence. Bob Shank, 250 Beach Road, stated he was President of the Association and Chairman of the Board and stated he had spent time with Village personnel and felt this was an opportunity to correct something that had needed correction for a long time. Mr. Shank stated he was also a director of the Beach Road Association so at this time he must side with them and at their next meeting this would be a topic of discussion. He thanked Village staff for the time they spent with him. Building Official matter was before with Cliveden, or it was the result showed that the 15 Ladd commented the reason that this the Village Council had nothing to do a developer, or with Mr. Simpson--that of researching Beach Road zoning which condominiums were non-conforming, and Village Council Meeting Minutes October 13, 1994 Page 6 ------------------------------- the Village felt duty-bound to bring them into compliance so they would not be helping FEMA or some other agency who would not allow rebuilding. Mr. Ladd corrected his earlier statement in regard to County consideration of approving zoning for the Sansmier parcel that they were considering an 180-story, 185-ft. high building with 17 stories above the dune line with density of 12 units per acre. He commented that traffic is an automatic factor of the density, not height. Mr. Ladd stated this proposed amendment would help residents on Beach Road to be conforming and that the draft ordinance was similar to what the code was when the bulk of the condominiums were built. Mayor Mackail explained that presently there is on the books an 8-story proposed approved building with a one- level parking garage, Cliveden, plus a variance which has been filed ~`egarding potential townhomes which the developer would like to build, and theoretically a developer could alter his plans to come into existing code, as changed by the proposed amendment. Building Official Scott D. Ladd agreed, however, he stated that this proposed zoning amendment would prohibit townhomes on Beach Road property. Mayor Mackail asked how the Village could protect the Beach Road residents on both sides of the issue--those who oppose townhomes and those who oppose additional height. Village Manager Bradford clarified this by inquiring whether there was any language that could be added to the draft ordinance to require Mason Simpson to adhere to the promises he had made, to which Building Official Ladd responded a minimum lot depth requirement could be worded to exclude anything except an accessory structure limited to 10 feet in height on the northern parcel of the proposed Cliveden site. Mr. Ladd explained that the Cliveden parcel consisted of a great deal of submerged land which could not be built on, but which was used in computing parcel size. Mayor Mackail then proposed to delay this item for two weeks to allow staff time to work on the additional language. Attorney Kollins again urged the Council to delay longer. Councilmember Collings stated that in light of all the information that had been brought forward at this meeting, he moved to table this matter for two weeks until October 27, 1994 and subsequently to see what Village Council Meeting Minutes October 13, 1994 Page 7 happens then. Vice Mayor Burckart seconded the motion. Councilmember Schauer stated that most of the people who had called her regarding this matter were not present at the meeting; that this was not done for Cliveden but that when that project was approved it was brought to the Council's attention by Building Official Ladd the number of Beach Road units that were non-conforming; that the Council was not doing anything behind anyone's back and were trying to do things in the right way; and verified with Building Official Ladd that if this amendment were approved that all would then be conforming except three condominiums which would still be non-conforming for density. Mayor Mackail requested the 105-ft. height be changed to 101 feet, and clarified with Building Official Ladd that the height was measured 8.5 feet from the water level, finish floor elevation, and all buildings had used the same formula. Village Manager Bradford recapped as follows: First reading would be postponed until October 27; all changes that were discussed at this meeting would be made; staff would readvertise and start from scratch. Village Manager Bradford stated he had a procedural concern as to the density which he would study and advise Council on at the next meeting. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. B) Resolution No. 1-94/95 - Pursuant to Chapter 163.3161, Et. Seq. F.S., Proposing to Transmit to the State of Florida Department of Community Affairs, an Amendment to the Comprehensive Plan Adopted October 12, 1989, as Amended, Authorizing the Village Manger to Transmit the Plan Amendment to the Department of Community Affairs for Review Pursuant to Chapter 163, Florida Statutes. 1) Resolution Read by Title: Attorney Scott Hawkins read Resolution No. 1-94/95 Village Council ~. Meeting Minutes October 13, 1994 Page 8 ------------------------- by title only. 2) Overview of Resolution and Consideration of Recommendation by Local Planning Agency. 3) Village Council and Public Comments: None. 4) Motion to Adopt/Reject Resolution No. 1-94/95: Vice Mayor Burckart moved approval of Resolution No. 1-94/95, transmitting the change to the Comprehensive Plan to the DCA. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. 5) Mayor Mackail read aloud: Announcement of Intent of Village Council to Hold and Advertise a Second Public Hearing Upon Receipt of Notice of Intent to Find the Comprehensive Plan Amendment transmitted in Compliance by the Department of Community Affairs . Village Manager Bradford clarified that upon receipt of the DCA finding that the Village proposal is in compliance, that the Village will commence the process to hold a second public hearing where the changes will be adopted. 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. V. APPROVAL OF MINUTES AND REPORTS Village Council Meeting Minutes October 13, 1994 Page 10 Dottie Campbell, 4 Tradewinds Circle, stated her objection to the proposed design because she felt the columns were suggestive of giant phallic symbols, and did not want Tequesta to get the reputation for having suggestive signs. She urged the Village Council to reconsider the design. Discussion ensued as to what the owner's intentions might be to improve the property. Building Official Ladd stated that in one year the entire parking area and landscaping would have to be addressed. Councilmember Collings made a motion to deny approval of the sign for the moment and to schedule the Fehlhaber Corporation at an upcoming Redevelopment Committee Meeting to address all issues. Councilmember Schauer seconded the motion. During discussion, Attorney Hawkins advised that this action would preclude the Village from any action by the Code Enforcement Board on this matter. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. VII. NEW BUSINESS A) Ordinance - First Reading - Amending the Local Law Retirement Plan and Trust for the Firefighters of the Village of Tequesta, by Amending a Provision of the Firefighters Pension trust Fund, Exhibit °A° to Ordinance No. 460, at Section 7 Relating to Pre- retirement Death so as to Specifically Provide that In-Line-of-Duty Death Benefits Shall Not Terminate Upon Remarriage; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Attorney Scott Hawkins read the above ordinance by title only, on first reading. Village Council Meeting Minutes October 13, 1994 Page 9 *A) Board of Adjustment; June 20, 1994 *B) Municipal Firefighter's Pension Trust Fund Board of Trustees Meeting; May 23, 1994 *C) Village Council Meeting; September 22, 1994 *D) Village Manager's Report; September 19 - October 7, 1994 VII. *C) Consideration of Purchase of Two (2) Marquette Electronics D1500-SLP Full-Featured Defibrillator/Monitors with Non-Invasive Pacer, 12 Lead Analysis Program, Nicad Battery Packs and Integral Direct Digital Writer and Associated Accessories, From Marquette Electronics, Jupiter, Florida, for $24,183.30 with Funding from the Department of Fire-Rescue, EMS Division, and Having a Budget Allocation of $24,185. (Staff Recommends Approval) Mayor Mackail read Consent Agenda items to be approved: Item V: A, B, C, D, Item VII: C. ~~ Councilmember Schauer moved that the Consent Agenda be approved as read by Mayor Mackail. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted and the Consent Agenda was approved as read. VI. DEVELOPMENT MATTERS A) Site Plan Review for a Free-Standing Sign at Tequesta Plaza, Tequesta Drive. Ferrin Signs, Applicant, on behalf of Fehlhaber Corporation. Building Official Ladd explained this was the last of the non-conforming large free-standing signs to be brought into compliance under the amortization of the sign code, and had been approved by the Community Appearance Board, and if approved by Village Council they would have one year to pull a permit. Attorney Hawkins recommended against placing a lesser time to pull the permit. Village Council •:~;<~ Meeting Minutes October 13, 1994 Page it -------------------------- Village Manager Bradford required to comply with Florida. explained that this ordinance was the Statutes of the State of Councilmember Collings moved approval of the above ordinance. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. B) Consideration of Waiver Request for Commercial Vehicle Parking Standard of the Zoning Ordinance by Denis B. McLaughlin, 11 Pine Tree Circle. #~~ Mr McLaughlin addressed the Village Council and explained that he was an employee of AT&T and drove a company vehicle. His only violation was that he did not own the vehicle. He stated that he parks at the side of his house out of view of the neighbors and the street. After discussion, it was determined that people who rent or lease vehicles would also be in violation. Councilmember Collings moved the Council grant approval in this case, but also reexamine the present ordinance so that it would not impact another situation like this. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. IX. ANY OTHER MATTERS Councilmember Schauer discussed the Interlocal agreement with the Palm Beach County School Board and suggested that the Village Attorney, a representative from the Village Village Council Meeting Minutes October 13, 1994 Page 12 Council, Jupiter's Town Attorney, a representative from the unincorporated areas of Palm Beach County, and a representative from each community meet with the School Board to make sure the School Board would honor the agreement and extend the agreement until 1995, so that Tequesta children would not be bussed this coming August and allow time to look at different avenues of action. Village Manager Bradford stated that OCR guidelines for integration were more liberal than those in the Interlocal agreement. Village Manager Bradford was instructed to call the meeting as suggested by Councilmember Schauer. Councilmember Collings referred to a memo from Village Manager Bradford that the cost of the proposed centralized garage might need to be increased by $50,000 to provide an above-ground storage tank for fuel since Step Saver had changed hands and now closed at midnight and therefore could not provide fuel. Village Manager Bradford responded to Councilmember Collings that one trip could empty a fire truck's gas tank, necessitating a fill-up between the hours of midnight and 6 A.M., but that other avenues could be explored such as the possibility of making an arrangement with another fuel supplier. Councilmember Collings informed the Council he had visited a completely insulated, air conditioned Butler building 5 times the size of Tequesta's centralized garage, which had been built for $1,000,000. Councilmember Collings questioned the need for a designer at a cost of $25,000 when the Village knows what it wants. Water Department Director Tom Hall explained that Florida Statutes now allow municipalities to participate in design- built projects. Other possibilities were discussed, and the consensus was that alternatives would be explored. Councilmember Collings left the meeting at 8:55 P.M. X. COMMUNICATION FROM CITIZENS Gary Van Brock made a second proposal for a library site in which he offered a build-to-suit proposal and presented the proposal and site plan to the Village Council. He stated the site would be conveyed to the Village of Tequesta as part of the package, and that soil investigation reports, environmental study reports and surveys were attached. The total package price was $730,000 if accepted within 30 days. Excluded from the package price were FPL fees, permit fees, Village Council ~, Meeting Minutes October 13, 1994 Page 13 ------------------------------- utility impact or connection fees, road, and county and village impact fees. During discussion, Mr. Van Brock stated that his previous offer still stood also, and that the offer to donate an acre had been tied in with the previous offers, and if there was urgency in determining a library site, this new offer was ready to go. Dr. Stan Jacobs, 43 River Drive, urged the Village Council to act as quickly as possible before the County pulls the grant for the library, to make a decision within the next two weeks whether to accept Mr. Van Brock's offer, and to consider enough land for expansion since the 4,000 sq. ft. proposed would not be large enough. Dr. Jacobs described a library he had seen in the Cleveland area, which had been built for $75 sq. ft. Joan Marshall asked when the striping and landscaping would be completed on Country Club Drive. Village Manager Bradford explained the rain had delayed completion, and that the asphalt needed to cure for 30 days before striping could be applied. Ms. Marshall stated the need for a 25 mph sign, and questioned why the signs read no thru trucks over 5000 pounds, and was told that the ordinance read that way. George Marshall stated a lot of big trucks were still speeding on Country Club Drive, and asked that the ordinance be enforced. Bill Treacy spoke in support of the Fire Department and the wonderful job that was done by EMS when his wife was taken ill with a stroke. Mr. Treacy also mentioned the speeders on Country Club Drive. Carolyn Baynham requested an update on the road problems on Eastwind Drive. Village Manager Bradford reported the engineering firm hired by the village was working to obtain soil samples from under the roadway, and the Village should have a report in 60 days; and that there was no word on responsibility. Dottie Campbell asked if election signs could be placed in yards and was informed by the Council that signs were not allowed, and that administrative questions should be asked during the week between the hours of 8:30 a.m. to 5 p.m. Wade Griest, Dover Road, commented regarding the action by Village Council Meeting Minutes October 13, 1994 Page 14 ------------------------------- the Village Council earlier in the meeting waiving the commercial vehicle parking, stating what good were the ordinances if there were constant waivers. IX. ADJOURNMENT Councilmember Schauer moved that the meeting be adjourned. Village Manager Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William Burckart - for Elizabeth A. Schauer - for the motion was therefore passed and adopted and the meeting was adjourned at 9:50 P.M. Respectfully submi ted, Betty ~aur Recording Secretary ATTEST: J ann Mangan' llo Village Clerk DATE APPROVED: