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HomeMy WebLinkAboutMinutes_Regular_09/22/1994VILLAGE 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 SEPTEMBER 22, 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, September 22, 1994. The meeting was called to order at 7:05 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Council members present were: Mayor Ron T. Mackail, Vice Mayor William E. Burckart, Elizabeth A. Schauer, and Joseph N. Capretta. Earl L. Collings was absent from the meeting. Also in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Village Attorney John C. Randolph, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor William E. Burckart gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Council Member Capretta requested to speak on the downtown issue under Agenda Item XI, Any Other Matters. Village Manager Bradford requested that Agenda Item IX (B) Consideration of Waiver Request for Commercial Vehicle Parking Standard of the Zoning Ordinance be removed from the agenda and rescheduled for the October 13, 1994 meeting since Mr. McLaughlin was unable to attend tonight's meeting. Vice l~iayor Burckart moved that the Agenda be approved as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T . 1rlackai 1 - for William E. Burckart _ for Elizabeth A. Schauer for Kecucled Paver Village Council Meeting Minutes September 22, 1994 Page 2 Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. PUBLIC HEARINGS A) Review of Proposed Village General Fund, Special Revenue and Debt Service Fund, Capital Improvement Fund, Bond Construction Fund, Water Enterprise Fund and Law Enforcement Trust Fund for Fiscal Year 1994/1995. 1) Announcement of Proposed Millage Rate (6.1280) and Percent (2.92$) by which the Proposed Millage Rate exceeds the Rolled-Back Millage Rate (5.9541) The Village Manager stated that this was the final public hearing on the proposed budget and millage rate for Fiscal Year 1994/1995. Village Manager Bradford publicly announced the proposed millage rate (6.1280) and the percent (2.92%) by which the °-~ proposed millage rate exceeded the rolled-back millage rate (5.9541). Village Manager Bradford explained that the rolled-back rate was the rate necessary to generate the same amount of tax revenues as were generated in the prior year. The specific reasons for the proposed tax increase were listed by Village Manager Bradford as: 1) to provide revenues necessary to address the 1994 bond issue to provide improvements to Country Club Drive, Tequesta Park and Constitution Park, 2) to provide a full-time code enforcement officer within the Police Department and 3) due to increases in personnel, operating and capital expenditures of the Village's general operations. 2) General Fund Village Manager Bradford reviewed the General Fund Budget for 1994-1995 from the official budget document which was provided to the Village Council members as an attachment to Resolution 25 - 93/94, and which is attached and made a part of these minutes. After review of the budget document, Village Manager Bradford recapped by stating that ~,~,. the budget provided for Total General Fund Expenditures of $3,960,900 with a fund balance on Village Council Meeting Minutes September 22, 1994 Page 3 3) 4) 5) 6) September 30, 1995 estimated to be $646,787. Improvement Bond Revenue Fund: Village Manager Bradford stated this fund (detailed at page IBRF-1 of the Budget Document) accounted for the revenues pledged to pay for the improvements to Country Club Drive, Tequesta Park, and Constitution Park, which were franchise fees estimated at $295,085 and occupational license fees of $90,620.00, or total revenues of $385,705. The expenditures from this fund would be two non- governmental inter-fund transfers: 1) excess over the revenue needed to pay the Village's obligation to Jupiter-Tequesta National Bank which would be transferred to the General Fund as a revenue source for that fund to help meet its expenses; and 2) the remainder which would be used to pay the debt on the bonds. Capital Improvement Fund Village Manager Bradford Improvement Fund (page Document) and stated this account for major capital reviewed the Capital CIF-1 of the Budget fund had been set up to improvements. Bond Construction Fund: Village Manager Bradford reviewed the Bond Construction Fund (page BCF-1 of the Budget Document), and stated this new fund had been set up to account for the revenues and expenditures for the 1994 bond issue. Water Department Enterprise Fund: Village Manager Bradford Department Enterprise Fund of the Budget Document). reviewed the Water (detailed at page WDR-1 7) Law Enforcement Trust Fund: Village Manager Bradford Enforcement Trust Fund was Florida and provided for confiscated materials and with law enforcement drug explained that the Law required by the State of tracking proceeds from expenditures associated cases. He observed that Village Council Meeting Minutes September 22, 1994 Page 4 the balance in the trust fund could only be spent by special request by the Police Chief to the Village Council. Director of Parks and Recreation Gary Preston responded to Councilmember Capretta's concern that Constitution Park might not be utilized by stating that he had talked with the YMCA and they were very interested in starting a full-time program there as soon as the park was built. Village Manager Bradford responded to Vice Mayor Burckart that budgeted line items could be changed and the money reallocated. Mayor Mackail pointed out the Village had paid off outstanding bonds during the past year at a significant savings to the Village. Mayor Mackail called for comments from the public regarding the proposed budget. Jerry V. Cox, 12 Eastwinds Circle, commented that the road at Eastwinds Circle had deteriorated and as a matter of pride he would like to see it brought up to standards of the other roads. Building Official Scott D. Ladd explained that the engineer's suggestion had been that the Village take core drillings of the road to find out what is beneath the road in order to determine why the road has deteriorated so that a decision could be made as to what type of replacement road should be installed. Mr. Ladd stated he had already obtained a proposal for this drilling. Mr. Ladd reported that the engineer had also advised that repairs be delayed until the concrete trucks and material delivery trucks were finished with building construction. Mr. Ladd stated that to his knowledge no determination had yet been made as to who was responsible for replacement. Councilmember Schauer stated she had driven on Eastwinds Circle and the road had deteriorated since the matter had been brought to the Council's attention. Vice Mayor Burckart stated the condition of Eastwinds Circle was exactly why he did not like the substandard road behind the Chevron station. ~~-~ Judy Panaia, 16 Eastwinds Circle, stated other residents would be addressing her concerns. Village Council .. Meeting Minutes September 22, 1994 Page 5 ------------------ Mary DeLisle, 7 Eastwinds Circle, stated she had submitted a letter on June 29, 1994 to the Village of Tequesta, which she read, as follows: "The small street, Eastwinds Circle, which is the sole street in our small community, is in dire need of repair. The safety and beauty of our development is paramount to those who live there. Our concern is that Eastwinds Circle has water and sewer lines beneath it which are in jeopardy by the continuation of its deterioration. We would strongly suggest and support the repairing of Eastwinds Circle and have it included in the upcoming Village budget. The cost of the repair will increase as the problem becomes more involved and the cracking and sinking which are already taking place. Third, the rupture of the under road lines or an injury producing a lawsuit due to the condition of the road would be expenses avoided by immediate action to repair this road. One consideration to be noted at this time is that there is only one way in and one way out of this development. If major problems are allowed to develop, the homeowners have no entrance to Eastwinds Landing and they need access to their homes. The residents of Eastwinds Landing do everything possible to make Tequesta a wonderful place to live and enjoy. We expect practical and prudent use of our tax dollars, and strongly urge the Budget Committee to recommend and plan road repair as soon as possible." Mike Rhodes, 11 Eastwinds Circle, whose letter to the Mayor and Council is attached to and made a part of these minutes, urged the Council to explore the possibility of muck beneath the roadway and the possibility of packing the pipes and stated that timing is important since the road is getting worse each day. John E. Blackert, 4 Eastwinds Circle, stated he wished to add to the other comments that the last home currently under construction was due to be occupied approximately October 1. His concern was visible water seepage and the pipes under the road being pressured. He requested that communication ~, lines be opened between the Village Council or whoever is responsible for the situation and the homeowners, so that something could be done to Village Council - Meeting Minutes September 22, 1994 Page 6 ------------------------ resolve the matter. Mayor Mackail stated that he felt it was important for the homeowners to realize that the Village Council had been aware of this problem for quite some time and that there is a litigation process to determine who is at fault and who is responsible for repairs which may not be proceeding fast enough, and directed Building Official Scott D. Ladd to move forward as quickly as possible to determine who is at fault and who should fix the road. Village Attorney Randolph stated he would speak to Mr. Trimper, the attorney handling the case, the next day and ask that the process be speeded up. Dottie Campbell, 4 Tradewinds Circle, stated she was a property owner on Eastwinds Circle and requested an inclusion in this year's budget for the road repairs. Village Manager Bradford explained that the budget could not include an unknown amount; therefore, when the totality of the problem was determined, when who was at fault had been determined, and when it had been determined whether the Village taking action would harm their legal position, then an amount could be budgeted. Mrs. Campbell stated the projected total tax valuation this year for the houses on Eastwind Circle was $3,281,790 and they were on the worst street in the Village. Mayor Mackail stated the Village fully recognized the problem but must follow the legal process and if a line item were allocated that would be an acknowledgment that the Village may be at fault. Mrs. Campbell expressed further concerns, and stated progress would be monitored to which Mayor Mackail responded that would be welcomed and that what had to be done would be done . Mr . Capretta stated he had walked along that road each day and watched the road deteriorate, and the Village must have an engineering determination what was wrong and what it would take to fix it, and that Village Attorney Randolph would advise if the Village could make repairs without jeopardizing their legal position. Carolyn Batem, 8 Eastwinds Circle, stated since all Village Council ~,e,, Meeting Minutes September 22, 1994 Page 7 ------------------ the lots in the development had been sold that the original Homeowners Association was no longer responsible, but the residents were fearful of taking over the homeowners association since they feared they might be considered responsible for the road, therefore she had been personally paying the bills for the homeowners, and asked for advice whether the residents should take over the homeowners association or not. Village Attorney stated he could not provide legal advice unless the Village instructed him to do so, and recommended the residents obtain legal advice from someone who could sort out all of their problems. Councilmember Capretta explained to Mrs. Batem that the scenario she had described was exactly the position the Village Council found themselves in regarding the road. Mr. Rhodes stated he found Village Manager Bradford's comment interesting that nothing could be in the budget unless it were approved or an exact amount was known, and felt that an estimated figure could budgeted. Councilmember Capretta stated the range could be anywhere between $48.00 and $1,000,000.00. Clay Batem, 8 Eastwinds Circle, observed that two prerequisites to repair of the roadway had been discussed--which were a core sampling of the road to establish its integrity and a legal disposition of the Village exposure; and requested a date for resolution of each. Village Attorney Randolph repeated his earlier statement that he would speak with Attorney Trimper the next day, and stated he would find out the current status of this case and request an anticipated end date. Mr. Batem stated that was not his question, and explained that the Council had stated they were unable to commit themselves to repairing the road because they were not sure what exposure that would produce for the Village as far as their ultimate responsibility to fund the rebuilding of Eastwinds Circle. Mr. Batem stated that if the Village found it would be exposing itself then the residents would not expect a commitment while the legal process took course. nom, Village Attorney Randolph stated it had already been indicated that the Village going forward and committing to fixing the road would give some risk Village Council Meeting Minutes September 22, 1994 Page 8 of exposure to the Village. In answer to Mr. Batem's question of when the core samples could be expected, Village Manager Bradford stated he could expect the core samples within 30 to 60 days. 8) Resolution No. 24-93/94 - a Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Providing for Levying a Millage Rate of $6.1280 per $1,000 of Taxable Valuation for the Fiscal Year 1994/1995 - was read in its entirety by Village Attorney Randolph. Motion was made by Councilmember Schauer to adopt Resolution No. 24-93/94 as read by Village Attorney Randolph. Motion was seconded by Councilmember Capretta. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. 9) Resolution No. 25-93/94 - a Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Providing for the Adoption of the Village Budqets for the Fiscal Year commencing October 1, 1994. Village Attorney Randolph read Resolution No. 25-9394 in its entirety. Motion was made by Councilmember Schauer to adopt Resolution No. 25-93/94. Motion was seconded by Councilmember Capretta. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. V. CONSENT AGENDA ~. ~. All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no Village Council _ Meeting Minutes September 22, 1994 Page 9 ------------------------ 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. VI. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board; August 17, 1994 *B) Village Council Meeting; August 30, 1994 *C) Village Council Meetinq; September 7, 1994 *D) Village Manager's Report; August 29-September 16, 1994 VII. APPOINTMENTS *A) Code Enforcement Board *1) Consideration of Reappointment of Bill Treacy as a Regular Member of the Code Enforcement Board for a Three-Year Term Expiring on September 28, 1997. (Staff Recommends Approval) IX. *D) Consideration of Authorizing Village Manager to Execute Installment Purchase Agreement for two (2) Xerox Photostatic Copier Machines Effective October 1, 1994, Replacing two (2) Existing Units whose Contracts have Expired in the Amount of $18,226.56 and $17,570.40 Respectively, and having an Annual Cost of $4,556.64 and $4,392.60 Respectively, Funding for Which has been Provided in the FY 1995 General Fund and Water Enterprise Fund Budgets. (Staff Recommends Approval) Mayor Mackail read Consent Agenda items to be approved: Item VI (A), (B), (C), (D), Item VII (A)(1), Item IX (D). Vice Mayor Burckart moved that the Consent Agenda be approved as read by Mayor Mackail. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for ,r~-.> The motion was therefore passed and adopted and the Consent ,,, Agenda was approved as read. Village Council Meeting Minutes September 22, 1994 Page 10 VIII. DEVELOPMENT MATTERS A) Special Exception Public Hearing for Proposed Use Restaurant (Sports Bar & Grill), 190 Tequesta Drive (Tequesta Plaza). Steven and Barbara Mead, Applicants. (Staff Recommends Approval). Steven Mead addressed the Village Council and explained that his proposed sports bar would be family oriented with a very clean upbeat atmosphere and would have billiards, darts, board games, and satellite coverage for sports events. Building Official Scott D. Ladd stated the reason this was before the Village Council was that the new mixed-use district established that this type of facility must have a special exception. Village Manager Bradford inquired of Mr. Ladd what the shopping center owner had done to comply with landscaping Ordinance 377. Mr. Ladd replied that conversations thus far had only included replacing marble with stucco, wrapping columns, and accent lighting, and that the deadline for compliance with Ordinance 377 was March, 1995. Councilmember Schauer moved approval of the Special Exception Public Hearing for Proposed Sports Bar & Grill at 190 Tequesta Drive. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Consideration of Finalizing Location of Tequesta Branch Library. Village Manager Bradford explained that the Village Council had set September 22, 1994 as its deadline to finalize the location of the Tequesta Branch Library; and the Redevelopment Committee had meet on September 19 to discuss this issue, and had heard a presentation by Gary Van Brock as representative of the Dorner Trust in which two offers were made to the Village: 1. Purchase of 9-3/4 acres north of Tequesta Drive and ,,, south of the post office wherein the Dorner Trust would donate one acre to the Village to donate or Village Council s. Meeting Minutes September 22, 1994 Page it ------------------------ lease to the library. 2. The purchase of 7 acres whereby Dorner Trust would donate one acre to the Village to donate or lease to the library and the balance of the land to be used for a municipal and cultural center, which would include facilities for BRITT and Lighthouse Gallery, and would meet the needs for municipal facilities as found in a study done by Gee and Jenson. Village Manager Bradford stated that the Redevelopment Committee's recommendation to the Village Council was to explore the viability of the Dorner Trust Offer by having the land appraised; immediately go to the Lighthouse Gallery directors or boardmembers to seek a commitment for their new facilities; immediately go to BRITT directors or boardmembers to seek a commitment for their new facilities; upon receipt of those items to return to the Redevelopment Committee for determination as to whether this should be pursed. If so, to immediately move forward with Palm Beach County and the process of acquiring the land. If not, to immediately move to revise the lease for the land next door to the present Municipal Complex and begin the process of bidding and constructing the library on that site. Councilmember Capretta explained that there were currently three different proposals. (1) Joseph Benjamin had presented a plan to redevelop the downtown area around a cultural university and wanted the Village to lead the way by forming a CRA, taking over the land, borrowing $12,000,000 interest free for 3 years to buy bonds. Mr. Benjamin had announced today that he had obtained funding from the Keating organization who would guarantee the bonds. (2) Mr. DiVosta, who had purchased Lighthouse Plaza, had taken the position that the Village should not do anything and he would eventually build downtown. (3) The Dorner Trust proposals described above, which carried a price of $2,000,000 for the 9-3/4 acre site. Councilmember Capretta stated he had discussed all of these proposals to let the residents who opposed the library location next to the present Municipal Complex know how complicated this matter was and why it might be impossible to resolve all of these issues in the next 60 days in order to meet the County deadline of December 1 to decide on a location or lose the $506,000 allocated by Village Council ~. Meeting Minutes September 22, 1994 Page 12 the County for the Tequesta Branch Library. Councilmember Capretta stated that the library will be built, and he would not risk losing the money. Mayor Mackail stated development is market driven, and he felt Tequesta should work with what it has and not what it would like to have. He commented that the real issue is the cost to the Village to undertake this kind of a process, so that commitments from Lighthouse Gallery and BRITT must be obtained to make the cultural center a reality. Discussion ensued regarding whether to inform the County of Tequesta's progress to see if they might be willing to delay the December 1 deadline. Councilmember Capretta made a motion to put the library next door since there is not time to resolve the other plans . Vice Mayor Burckart seconded the motion. Discussion ensued: John Giba, stated there were two problems, the library and the development of the downtown. The immediate problem is the library and the County would love to withdraw the half million dollars if no decision is made. Every plan for downtown redevelopment presented to the Village Council had included the library buried in it. The location next to the present Municipal building has many problems. Mr. Giba urged the Village Council to put the library next to the post office, which was the original location, to create an anchor for a governmental community and then build the downtown development around it. The decision could be made tonight and then the Village could move forward. Georgia Jessup, 86 Golfview Drive, stated she was amazed that people were so interested in filling the empty land next to the Municipal Complex when the K-Mart shopping center was such an eyesore. Mayor Mackail explained that Mr. DiVosta had recently purchased that land and that Mr. Van Brock had proposed a development nearby. Mary Ann Quigley, 79 Holly Circle, commented she did not want the library in her back yard and explained how close the parking lot would be to her home and that the cars would face into her home and her neighbors' homes from only a few feet away. She suggested placing the library next to the post office where there would be more room for a larger library. Hal Hutchinson, Camila Circle, stated 425 signatures had Village Council Meeting Minutes September 22, 1994 Page 13 been obtained on a petition to put the library next door to the Municipal Complex . Some of the money spent by the County had been used to obtain soil samples from the land next door. No children live east of the railroad tracks and a safety hazard would result if the library were placed next to the post office. Mayor Mackail called for a vote. The vote on the motion was: Ron T. Mackail - against William E. Burckart - for Elizabeth A. Schauer - against Joseph N. Capretta - for The motion therefore failed. Vice Mayor Burckart made a motion that the library be located downtown on one acre of donated land that has no caveats with it; it is a flat-out donation to go next to the post office; if not I continue that the site would go next door and that we need to have that decision in writing from the Dorner Trust by October 1. Councilmember Schauer seconded the motion. Discussion ensued: Councilmember Capretta commented the reason the Redevelopment Committee did not finalize their recommendation for a library location was to wait to see if one of the other proposals came true then the library could go downtown. He stated Vice Mayor Burckart's proposal was good to find out if the Dorner Trust 1-acre donation would really be uninhibited. Mayor Mackail stated the library was not an issue but there are other factors involved, and to place it into a cultural center the other players must make commitments and he would work very hard to get their commitments by December 1. Mr. Capretta stated he was trying to disconnect the library from the rest of the downtown redevelopment because of timing. Betty Nagy, Shay Place, reported a recent newspaper article implied the Village might have to purchase a large parcel to get the one acre donated for the library. Mayor Mackail explained that was not true, and that the Dorner Trust had offered to donate one acre to the Village. Al DeMott stated the Village was losing a part of the money allocated by the County every single day and he believed the library should be separated from any downtown development Village Council Meeting Minutes September 22, 1994 Page 14 ------------------------ because details could not be worked out in urged the Village Council to concentrate on issue and work to resolve it and then to downtown redevelopment proposals. 60 days. He the library consider the Vice Mayor Burckart re-read his motion that the library be located downtown next to the post office on one acre of donated land that has no caveats with it, with that decision to be in writing from the Dorner Trust by October 1,1994, and if not, the decision to place the library next door was already made. After discussion and rereading of the original motion, Councilmember Schauer stated she had not understood that the intent of the motion was that the motion carried the condition that the decision to place the library next door to the present Municipal Complex would already be made, and therefore withdrew her second to the motion. Village Attorney Randolph clarified that this was not an offer and acceptance and no one should rely on this offer and accept it and think that it was irrevocable, but that it is only an indication by the Village that is where the library will be located if one acre is donated without conditions. Vice Mayor Burckart made the motion again as follows: to put the library downtown if one acre of land were donated with no caveats; to place the library next to the post office and to have the Dorner Trust commit to the donated land by October 1, 1994. Mike Meter, 114 Chapel Lane, stated the motion said "next to" and requested clarification if that meant property adjacent to the post office. Vice Mayor Burckart clarified that his intent was "in the vicinity". Village Manager Bradford advised the Village Council not to vote for the motion since he believed this matter could be better handled by Village Manager Bradford contacting Mr. Van Brock and explaining it would be better for all parties concerned if the Village could lock in a site for the library that has no strings attached in order to get the downtown emphasis desired and ask for a written document by October 13 or 14. Village Manager Bradford stated because of the structure of the motion if Mr. Van Brock did reply that he would donate one acre with no caveats there could be many other reasons the Village might not want the particular site he donated and they seemed to be making a decision ahead of knowing all the facts. Mr. Capretta recapped the Village Council Meeting Minutes September 22, 1994 Page 15 ------------------------ situation, stating that Mr. Van Brock had made a written offer in the past that he would build the library for $516,000 since that was the amount of money available from the County at that time, however, now the money was down to $506,000; and that Mr. Van Brock had shown if the County's design were modified to change the expensive roof and foyer that he could save $100,000, however that would mean spending more money on a design and starting over, which would use up more of the funds allocated by the County so that the original County design must be built. Mayor Mackail stated that a motion had been made by Vice Mayor Burckart and asked Councilmember Schauer whether she was seconding the motion. Councilmember Schauer stated she wished to withdraw her motion. Hearing no other second to the motion Mayor Mackail stated that the motion was dead. Village Manager Bradford was instructed by the Village Council to contact Mr. Van Brock to report that the Village Council would like assurance from Dorner Trust in writing that one acre would be donated with no strings attached. Village Manager Bradford stated he would also begin the process of securing an appraisal. IX. NEW BUSINESS A) Review of Draft Ordinance Amending the Schedule of Site Requirements as they pertain to the R-3 Zoning District in order to Address Non-Conformities of Existing Properties within this Zoning District. Building Official Scott D. Ladd explained that all twelve of the condominiums on Beach Road were all non-conforming in one way or another to the current R-3 District regulations. Although the draft ordinance would bring approximately 95~ of the properties into conformance, some of the non-conformities were too severe to be removed by simply increasing or decreasing site requirements to be in line with worst-case existing conditions, and must be dealt with separately. Building Official Ladd explained that Sections 1 and 2 of the draft ordinance concerned housekeeping matters. Section 3 concerned the changes necessary to bring the bulk of the condominiums into compliance with the zoning code. The draft ordinance recommended deletion of single family homes, density to be a maximum of 24 dwelling units per ~_ acre, front yard setback to be 20 feet, side yard setback to be 20 feet, rear yard setback to be 20 feet, height 11 Village Council Meeting Minutes September 22, 1994 Page 16 stories 105 feet. These recommendations would bring all of the condominiums into compliance except for Ocean Towers North and Ocean Villas because of density; Ocean Towers South and Tequesta Towers because of side yard setbacks, both relating to accessory structures; and Blowing Rocks Condo because of its zero rear yard setback. Building Official Ladd explained that in addition Ocean Towers North would still be non-conforming because of their front yard setback. He explained Ocean Towers has zero setback and the building at zero setback is their parking structure. Building Official Ladd suggested a statement be added which would allow them to comply by adding landscaping instead of tearing down their parking structure or requesting a variance, as follows: "For an accessory structure not exceeding one story/10 feet in height, used for the parking of vehicles only (covered parking), and provided that the design of the front of the covered parking structure includes fully landscaped grade and/or raised planters that provide a minimum of 10 foot of landscape width along the full frontage of the covered parking structure." Building Official Scott D. Ladd was directed by the Village Council to proceed with the draft ordinance as presented and to add his suggested statement concerning accessory structures for front yard setbacks, with first reading to be at the October 13 meeting of the Village Council if there were sufficient time to comply with advertising requirements. Village Manager Bradford stated he would send a copy of the draft ordinance to each president of every condo in the Beach Association in Tequesta, which would be in addition to notification required under the zoning ordinance, which Mr. Ladd would accomplish. B) This Agenda item was rescheduled to October 13, 1994. C) Consideration of Foreclosure Action on Properties Associates with outstanding Code Bnforcement Cases. Building Official Ladd reported to the Village Council that sufficient time had elapsed so that they could instruct the Village Attorney to begin foreclosure proceedings in the cases of Joseph Laduca for property at 50 Golfview Drive, and Rita G. Walters for property - located at 370 Maple Avenue. Village Attorney Randolph clarified that the Code Enforcement Ordinance indicates ~"~ that the direction should come from the Code Enforcement Village Council Meeting Minutes September 22, 1994 Page 17 Board which they did, however since Village monies would be involved in going forward, authority was requested from the Village Council to go forward with foreclosure proceedings. Mayor Mackail expressed concern over the way these cases had been handled and stated a positive code enforcement program was needed. Building Official Ladd reported these cases were left from the old system, that the new code enforcement program was doing very well and that problems were being taken care of. Village Manager Bradford commented that the possibility of assessments instead of liens against property was being studied, whereby those amounts would appear on the annual real estate tax bill and would have to be paid. Mayor Mackail requested the status of progress regarding the Lantana Plan. Village Manager Bradford reported their plan allowed a Code Enforcement Officer to fine on the spot, and instead of using a Code Enforcement Board, attorneys were hired to hear cases just as a judge would do and the decisions of the attorneys were final. Mayor Mackail requested that minimum standards be upgraded and also requested that Lantana's Mayor be invited for a meeting, and if necessary to create a workshop to review zoning. Councilmember Schauer moved to foreclose on the Laduca and Waters properties as referenced in the Agenda. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. Fred Millen commented the Walters property was a real mess. Director of Parks and Recreation Gary Preston responded to Mayor Mackail's question whether there was any danger to a child who might enter the pool area that it had been enclosed with plywood but a child who wanted to get in could get in. Mayor Mackail instructed Mr. Preston to take care of making the pool safe, possibly by placing plywood over the top. IX. ANY OTHER MATTERS Village Council Meeting Minutes September 22, 1994 Page 18 ------------------------ Mayor Mackail stated that Councilmember Capretta had withdrawn his request to speak regarding the downtown plan which was discussed earlier in the meeting. X. COMMUNICATION FROM CITIZENS Wade Griest, 494 S. Dover, stated he fully supported Mayor Mackail's comments regarding Code Enforcement, that he felt the cases discussed earlier had cost the residents thousands of unnecessary dollars, and recommended a workshop be held to have a full discussion explaining the new plan. Alec Cameron, President of Tequesta Gardens Condominium, asked for an explanation of a newspaper article which mentioned demolition of storm-damaged condos that were not in conformance. Village Manager Bradford explained that referred to the changes to the R-3 Zoning Code which was discussed earlier in the meeting. Mr. Cameron stated he believed there was a problem with the Tequesta Gardens parking lot and he would consult Building Official Ladd on that matter. XI. ADJOURNMENT Vice Mayor Burckart moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 9:36 P.M. Respectfully sub~titted, ~Be~aur Y Recording Secretary ATTEST: oann Manga ello ...., Village Clerk DATE APPROVED: i3 , i99f~ TO: Village of Tequesta Mayor and Council. Members FROM; Michael and Doris Rhodes 11 Eastwinds Circle East Winds Landings DATE: September 22, 1994 We want to take this opportunity to make sure that the Village of Tequesta 1995 Budget include adequate monies to repair the Eastwinds Circle street. A few points from our perspective include: o We have been the "Pioneers of Eastwinds" being the first resident and knowing the condition of the street from the beginning of all construction activity . o Street condition was just fine until signs of problems started to occur in June-July 1992 timeframe. o Problem escalated as construction traffic increased . o Major problems in around area of man hole covers + another area down at end of cod-a-sac. o Engineer describe situation/problem either due to 1. Muck that wasn't properly cleaned out at time of construction, or 2. Inadequate packing of pipes and overall system at time of construction , or finally , 3. Pipe leak that has occurred since construction ...highly unlikely due to consistency of problem around all of the man hole covers . Common denominator of all three is "at time of construction" . How can this occur if properly inspected? Council and City of Tequesta issue....needs to therefore be a budget item far 1995 as problem will only get worse as well as representing a safety issue. ~ ~~ o~~