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HomeMy WebLinkAboutMinutes_Regular_04/28/1994VILLAGE 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 APRIL 28, 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, April 29, 1994. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, the Recording Secretary. Council members present were: Mayor Ron T. Mackail, Elizabeth A. Schauer, and Earl L. Collings. Joseph N. Capretta was absent from the meeting. Vice Mayor William E. Burckart arrived at 7:03 P.M. Also in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Department Heads, and Village Attorney John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Ron T. Mackail gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Collings roved that the Agenda be approved as submitted. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Nackail - 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 submitted. IV. CONSENT AGENDA ,. All items listed with an asterisk (*) are considered to be ~,,,,, routine and will be enacted by one motion. Kecucled Parer Village Council Meeting Minutes April 28, 1994 Page 2 V. APPROVAL OF MINUTES AND REPORTS *A) Tequesta Municipal Firefighters Pension Trust Fund - December 8, 1993; *B) Board of Adjustment - January 17, 1994; *C) Community Appearance Board - February 23, 1994; *D) Community Appearance Board - March 2, 1994; *E) Special Village Council Meeting - February 24, 1994; *F) Special Village Council Meeting - March 1, 1994; *G) Village Council Meeting - March 10, 1994; *H) Village Council Workshop Meeting - March 15, 1994; *I) Village Manager's Report - March 7 - April 8, 1994. Councilmember Schauer moved that the Consent Agenda be approved as submitted. 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 and the Consent Agenda was approved as submitted. VI. COMMITTEE REPORTS A) Redevelopment Committee - April 6, 1994 V it 1 a g e Manager Bradford reported that at the meeting on April 6, 1994, the Committee reviewed the Tequesta Branch Library project and the impact to it in response to the Christopher Village Foundation development proposal. The Committee recommended that the library be delayed indefinitely until further notice, that program schedule be obtained for Christopher Village from Mr. Benjamin, and an economic feasibility study of the Christopher Foundation proposal be obtained, which was done at the last Council meeting. The status of interviews being conducted in regard to the financial feasibility study was reviewed and the Committee recommended that the financial feasibility study be placed on the agenda for the Village Council Meeting of April 14, 1994, which was done and approved by the Council. Village Council Meeting Minutes April 28, 1994 Page 3 Councilmember Burckart moved to approve the Redevelopment Committee Meeting Minutes of April 6, 1994, as submitted. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - Abstain Earl L. Collings - for The motion was therefore passed and adopted. B) Finance & Administration Committee - April 15, 1994 Councilmember Collings reported the Finance & Administration Committee had reviewed the cost of the Dover Ditch improvements, which is a substantial and lingering problem, at this meeting. Solutions considered were riprap or a closed culvert of two 54-inch sections. The committee recommended the closed culvert, but did not recommend including the cost for this culvert on the bond issue. Councilmember Collings stated the total bond issue is $1,435,000, which includes Tequesta Park improvements $286,000, Constitution Park improvements $408,000, and Tequesta Drive Pathways $94,000, which do not add up to $1,435,000. Village Manager Bradford explained the refinancing of the outstanding bonds would have to be added. The committee recommended that Dover Ditch improvements be paid for by a separate bond issue or by out-of-pocket funds on a short-term basis. The Committee recommended the Council vote for the bond in the amount of $1,435,000 which would be an increase of 2.12% over the current millage rate. Village Manager Bradford stated Public Works had determined a project list for Country Club Drive which would be included in the bond issue, and the entire bond issue would be brought before the Council for consideration. Mayor Mackail questioned whether some of the funds needed for Dover Ditch improvements could be obtained from Jupiter, and suggested some agreement be reached at this time rather in the future. Village Manager Bradford responded that Jupiter had been contacted, but because of a tax increase felt they could not contribute any funds to Dover Ditch until their next fiscal year; however, The Finance and __ Administration Committee had taken the first step in a series of steps by suggesting going forward with the Village Council =~,~ Meeting Minutes April 28, 1994 Page 4 mangrove permit application, since by the time the permit would be obtained Jupiter should be in a position with their storm water utility to give solid answers regarding how much they could contribute towards Dover Ditch. Mayor Mackail questioned why the culvert was recommended over riprap and was told riprap had a 20-year life and higher maintenance, while the culvert would have a 50-year life. Village Manager Bradford responded to a question by Councilmember Schauer regarding the developers agreement that the committee recommended consideration of amending the ordinance so that it would be perfectly clear that the Village Council has the power to invoke the use of the developers agreement for any project, and not to mandate it for every project, therefore looking at it on a case to case basis as projects come forward. Councilmember Schauer asked whether the Palm Beach County School Board would consider the ordinance part of the agreement to reach racial balance -- in neighborhood schools. Village Manager Bradford responded the ordinance itself would have no effect; however, the School Board would consider the results of each case. Mayor Mackail questioned what Mr. Bennett's concerns were in regard to the bond issue. Councilmember Collings responded that Mr. Bennett was quite optimistic since he now had three banks who had agreed to submit a bid for the bond at 20 years, and he would come back shortly with a recommendation which should be favorable. Councilmember Schauer moved to approve the Finance and Administration Committee Meeting Minutes of April 15, 1994, as submitted. 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. IV. DEVELOPMENT MATTERS Consideration of Application for Site Plan Review from Jupiter Island Corporation for the Construction of an Eight Village Council _, Meeting Minutes April 28, 1994 Page 5 ------------------------------- Story Multi-Family Residential Building (Phase I) To be Known as Cliveden, 425 Beach load. (R. Mason Simpson, Agent). Philipe Jeck, Attorney with Jeck, Harris, Jones and Kaufman, representing Jupiter Island Corporation and R. Mason Simpson, Agent for the Divosta family, owners of the property at 425 Beach Road, presented the Site Plan Review before the Village Council and requested approval for Phase I. To orient the Council to the location of the property, Attorney Jeck presented a color rendering of the site plan which showed the property for this project, consisting of two separate parcels, with the existing LaMar condominium building on the South parcel. Attorney Jeck stated taxes had been paid on both parcels for many years; the north parcel had a total assessed value of $350,000; the south parcel had a total assessed value of $284,000. Attorney Jeck gave a summary of recent events regarding the project, stating on January 17, 1994, The Board of Adjustment had approved variances for this project changing the setback along the front from 60 feet to 18 feet to allow construction of five 3-story townhomes; and variances to allow covered parking. Even though the variances had been approved, since there were several complaints at that meeting from neighbors, Mr. Simpson met with the neighbors the next day to find out their objections and to hopefully work with them to arrive at solutions. A settlement proposal emerged as to the best way to develop the property from the neighbors' viewpoint, which completely eliminated the townhomes and incorporated that space into the proposed 8-story building making it an it-story building, a notch was cut out of the parking area to give a more open space feeling to people using the pool, the parking garage was enlarged, a tennis court was added, and the concrete wall was terraced with planters between sections. Density was then 23 units for the entire project, which is zoned for 32 units. The day before the last day to appeal the Board of Adjustment's approval of the variances, Mr. Simpson was notified by one of the representatives of the neighbors that they had decided not to accept the settlement plan. The next day the Village was sued to overturn the Board of Adjustment's decision on the theory that the variances Village Council w~,, Meeting Minutes April 28, 1994 Page 6 should not have been granted. The Developer had been unsuccessful in trying to find out why the neighbors did not accept the settlement proposal, and therefore assumed that the residents of the various neighboring condominiums could not decide among themselves what they would like to see on the property. Because the developer felt he could not wait to begin construction until the outcome of the lawsuit was determined, a new Site Plan was being presented at this meeting which did not require variances. This plan, Phase I, had open parking spaces, an 8-story condominium building, and a 6-foot wall along the property line. The townhomes still existed on the plan under Phase II which was not presented for the Council's consideration at this time, since a variance would be required, and therefore Phase II would have to wait until the conclusion of the lawsuit. It was the opinion of the owner and developer that this site plan was not the best they could do but what they were forced to do. Attorney Jeck stated that Community Appearance Board suggestions for additional landscaping were immediately accepted by the developer, the site plan was in full compliance with the code, and staff recommended approval of Phase I. Attorney Jeck asked the Council to consider an amendment to the Zoning Code R3 which would make this project consistent with densities and setbacks existing in the area and would allow approval of the site plan that was approved initially in the settlement. Mr. Simpson, the developer, addressed the Council, restating Mr. Jeck's comments and asked the Council for questions. Village Attorney Randolph advised the Council they did not have a zoning application before them at this meeting, therefore, it would not be appropriate to discuss a zoning amendment. He also advised the Council that Phase I should be considered as a stand alone project without tying it into what might happen in the future, and no consideration should be given to the relationship between Phase I and Phase II, or to Phase II. Councilmember Collings stated he felt if the Council approved Phase I they would be giving tacit approval to Village Council ,,,,~ Meeting Minutes April 28, 1994 Page 7 something happening down the road which might or might not please the neighbors. Mayor Mackail called for comments from citizens. Dottie Campbell, 4 Tradewinds Circle, stated she had driven by the site; that she believed Mr. DiVosta to be reliable and to always improve properties with well-planned and well- completed projects, and she encouraged the Council to approve Mr. Divosta's plan. Mr. Ken C. Meinken, Jr., President of the LaMar Condominium Association located at 375 Beach Road, stated he also represented 400, 350 and 325 Beach Road. On 1/17/94 he told the Board of Adjustment they [the four buildings] had received only 5 days notice of that meeting and that they only found out today at approximately 12:30 this afternoon that a hearing would be held tonight on Mason Simpson site plan approval on the present project. He stated they believe something is radically amiss when four buildings are not notified via letter that there will be a Village meeting regarding construction approval of a 9-story tower that has a great bearing on their public and private lives. Mr. Meinken requested this comment be written into the minutes so that they would be reviewed by the Council at some future date so that this would not occur again. Mr. Meinken then proceeded to state there were errors in statements made earlier in the meeting by Attorney Jeck and Developer Simpson in regard to why the disapproval of the various plans were agreed upon by the four buildings and there was no disagreement in the end in regard to that nature; that this was a Phase I approval session by the Village of the building requiring no variances, and that they had no comment to make regarding their acceptance of the plan. Their lawsuit goes forward with court date set for May 4 and a decision 20 days later. Mr. Meinken stated since their lawsuit in no way deals with Phase I, if Mr. Simpson wants to build Phase I that is fine with them. He also stated the price of the proposed project was $450,000 to $500,000, and the "degraded" project carries the same price per unit. Mayor Mackail questioned Mr. Meinken as to where the communication breakdown exists between the neighbors and the developer. Mr. Meinken stated the neighbors would not accept the terraced wall because of its height, and the ~~~~ additional stories added to the condominium building to Village Council Meeting Minutes April 28, 1994 Page 8 ------------------------------- replace the townhouses were unacceptable to the residents in the LaMar Building. Clerk of the Board Scott D. Ladd verified for Vice Mayor Burckart that the plan as presented was in compliance with codes and no variances were required. Village Attorney Randolph advised the Council they were not required to approve the plan just because it was in compliance with the Code, but still needed to determine whether to approve based on information they have. Vice Mayor Burckart stated he would be supportive of approving Phase I but would also be supportive of a compromise between the developer and the residents so that problems with Phase II would not have to be faced in the future. Mr. Collings questioned why the four buildings had not been notified of the Site Plan Review. Village Manager Bradford responded he did not believe there was any requirement to notify, however he did notify a number of them regarding the Community Appearance Board Hearing, and assumed they knew this matter was moving forward from that meeting. Mayor Mackail stated he did not like the fact that the Village is involved in a lawsuit, that the project still moved forward in spite of concerns and comments by neighbors, that there seems to be a small missing link that could be solved very quickly, that Phase I would need to be approved while trying to remove from his mind what would have to be faced in another Phase of this project based on comments that the party of suit feels the suit could prevail in their best interest and the developer feels that way also. Mayor felt all parties were very close to a compromise, and proposed to defer this matter to a workshop meeting. The Mayor stated he wants the best, and wants everyone to feel comfortable with the project as it proceeds. It was the consensus of the Village Council, Attorney Jack, Mason Simpson, and Mr. Meinken as representative for the condominiums to defer this application to a Special Meeting at 4:00 P.M. on Monday, May 2, 1994. Village Attorney Randolph recommended notice of the meeting be mailed to concerned parties. Motion was made by Councilmember Collings to defer the consideration of Application for Site Plan Review from Jupiter Island Corporation for the Constructipn of an Eight Village Council ~._ti.. Meeting Minutes April 28, 1994 Page 9 Story Multi-Family Residential Building (Phase I) To be Known as Cliveden, 425 Beach Road (R. Mason Simpson, Agent) to a Special Meeting to be held at 4:00 P.M. on Monday, May 2, 1994. 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. VIII. NEW BUSINESS A) Consideration of Acceptance of Palm Beach County's "' Delegated Authority to Restore Jurisdiction Under the County's Coastal Protection Ordinance. (Staff recommended approval). Scott D. Ladd, Building Official, stated a letter dated April 12, 1994, had been sent to Village Manager Bradford from Bill Griffin, Representative for the Village on the Palm Beach Countywide Beaches and Shores Council, requesting that the Village Council accept Palm Beach County's delegated authority to restore jurisdiction under the County's "Coastal Protection Ordinance", thereby reestablishing permitting authority by Palm Beach County's Department of Environmental Resources Management (DERM) over matters concerning landscaping activities and landscape maintenance. Village Attorney Randolph clarified that there had been litigation over who had authority in these matters which found that the authority rested with the State and neither the County or the municipalities could control; and the County now seeks the ability to act on behalf of the State in that area east of the coastal construction control line. Attorney Randolph stated other municipalities have not been willing to give up their authority to regulate to Palm Beach County. If the County does get this authority from the y~, State, this provision would allow municipalities to opt in if they wish but they will not automatically be included Village Council ~~,,- Meeting Minutes April 28, 1994 Page 10 within the County's jurisdiction. He advised the Council that they did not have to go along with control by the County. The recommendation by staff for approval was strictly in the areas of landscaping and landscaping maintenance requirements. Councilmember Schauer stated she supported Mr. Griffin's recommendation. Mr. Collings questioned whether approval would subject the Village to unexpected costs, to which Scott D. Ladd replied the County would operate the program at their expense . Vice Mayor Burckart voiced his concern of having the County in charge because of the County level of bureauracy. Mayor Mackail stated he had received an ordinance that the County is trying to adopt, which is a countywide ordinance, and would like Attorney Randolph to review this ordinance which seems to relate to the Coastal Protection Ordinance. °` Bill Griffin spoke to the Council and recommended they accept Palm Beach County's authority in this matter. Village Manager Bradford stated he could foresee problems when residents want to trim their seagrapes. Attorney Randolph related that the litigation that caused this matter to surface occurred when condominium residents in Palm Beach found they did not have the authority to trim seagrape which had grown up and obstructed their view of the ocean. Vice Mayor Burckart stated he would like to table this matter to give Beach Road property owners notice that the Council is going to consider whether to accept Palm Beach County's delegated authority over landscaping and maintenance of landscaping which would affect their property. Boardmember Collings moved to approve Acceptance of Palm Beach County's Delegated Authority to Restore Jurisdiction Under the County's Coastal Protection Ordinance. There being no second to the motion, it was the consensus of the Council to postpone this matter. Vice Mayor Burckart made a motion to table this matter. 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 Village Council ~~, Meeting Minutes April 28, 1994 Page 11 ------------------------------- The motion was therefore passed and adopted. Mayor Mackail thanked Mr. Griffin for his participation on the Palm Beach Countywide Beaches and Shores Council and asked if he would attend the meeting between the Village and the Beach Road property owners. Mr. Griffin stated he would be happy to attend that meeting, and that DERM had studied the means of trimming seagrapes and developed a 3-year gradual trimming program. IX. UNFINISHED BUSINESS A) Ordinance - Second Reading - Amending Chapter 11.5 Relating to Motor Vehicles and Traffic at Article Ii, Operation of Heavy Trucks, Section 11-5 - 13.1(b)(6), So as to Increase the Permit Fee (Staff Recommends Approval). Village Attorney Randolph gave the Second Reading of Ordinance No. 470 by Title Only: "AMENDING CHAPTER 11.5 RELATING TO MOTOR VEHICLES AND TRAFFIC AT ARTICLE II, OPERATION OF HEAVY TRUCKS, SECTION 11-5 - 13.1(B)(6), SO AS TO INCREASE THE PERMIT FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Councilmember Collings stated the communication problem with fees pertained to what is a "through truck", and that suppliers believe the Village is trying to restrict trucks. Village Manager Bradford explained the purpose of the ordinance was not to penalize trucks in any way, but to increase the permit fees. Attorney Randolph informed the Council that their ordinance, in order to be valid and to stand up in Court, needed to include a provision that would allow trucks to use Country Club Drive which have no other way of getting to their destination and would grant them a permit. The Police Chief responded to the Mayor's question regarding how trucks reach their destination when a bridge is rated below the trucks tonnage that a trucker can get a permit to travel over that bridge no matter what the weight of his truck as long as he posts a bond. Mayor Mackail was concerned that using police patrols for traffic on Country Club Drive leave other areas unpatroled. Councilmember y~ Schauer suggested the use of signs that let a motorist know the speed at which they are traveling. Village Council ~,_., Meeting Minutes April 28, 1994 Page 12 Bill Treacy, of 215 Country Club Drive, requested "No Through Trucks" signs be placed along Country Club Drive and requested pressure be continued to reduce the heavy morning and evening traffic by using the 25 m.p.h speed limit and police patrols. Mr. Treacy stated he planned to attend a meeting of a group of citizens and attorneys who want to close the road. Councilmember Collings moved to approve the above-referenced 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) Ordinance - Second Reading - Amending Chapter 10 of the Code of Ordinances Relating to Health and Sanitation, By Creating a New Article VIII Relating to Composting. (Staff Recommends Approval). Village Attorney Randolph gave the Second Reading of the above-referenced Ordinance: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES RELATING TO HEALTH AND SANITATION, BY CREATING A NEW ARTICLE VIII RELATING TO COMPOSTING; PROVIDING FOR THE REGULATION OF COMPOSTING; PROVIDING FOR PENALTIES; PROVIDING FOR ADMINISTRATIVE FINES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Hattie Siegel, of 498 Dover Road, asked the Council to change Ordinance 471 to include the use of vegetable matter in compost, which falls under the language 'products used for human consumption shall be prohibited'. Village Manager Bradford explained this was done so there would be no confusion among residents who might use meat or meat by- products in composting, and that by use of this language in the ordinance the Village could better enforce the ordinance Village Council ~,~.,.,. Meeting Minutes April 28, 1994 Page 13 ------------------------------- if that happened. Councilmember Schauer moved to approve the above-referenced Ordinance. 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 - against The motion was therefore passed and adopted. X. ANY OTHER MATTERS There were no other matters to come before the Village Council. XI. COMMUNICATION FROM CITIZENS Dottie Campbell, 4 commendation she had landscaping work she stating she had reques the commendation was stamped signature. Tradewinds Circle, returned the received from the Village for the had done in Gallery Square North, ted she be present at the meeting when made and that the document bore a Wade Griest, 494 S. Dover Road, stated he had understood from the last Council meeting that at each Council meeting there would be a discussion of action on the part of the Code Enforcement Board. He had learned today that the discussion would be postponed until the Public Safety Committee Meeting had been held. Since he would not be able to attend the Public Safety Committee Meeting, he passed out papers to the Council regarding Code Violations on the property next door to his, which he had prepared for Code Enforcement discussion tonight. Hattie Siegel, 498 Dover Road, had been cited by Code Enforcement Officer for weeds growing in her yard and protested the "weeds" were wild flowers she had planted. ~. Village Council Meeting Minutes April 28, 1994 Page 14 ------------------------------- VII. ADJOURNMENT Councilmember Schauer moved that the meeting be adjourned. 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 meeting was adjourned at 9:17 P.M. Respectfully submitted, ~~~~~ -~ ~, Betty Laur Recording Secretary ATTEST: J ann Manganie o Village Clerk DATE APPROVED: ~ 9~