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HomeMy WebLinkAboutMinutes_Regular_08/10/1995VILLAGE 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 AUGUST 10, 1995 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a regular meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, August 10, 1995. The meeting was called to order at 7:02 P.M. by Vice Mayor William E. Burckart. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Vice Mayor William E. Burckart, Elizabeth A. Schauer, Carl C. Hansen, and Joseph N. Capretta. Also in attendance were: Village Clerk Joann Manganiello, Attorney Tracey Biagiotti sitting in for Village Attorney John C. Randolph, and Department Heads. Mayor Ron T. Mackail and Village Manager Thomas G. Bradford were absent from the meeting. 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 Councilmember Schauer requested that the following item be pulled from the consent agenda: The village Council Meeting ~l~~~h~ ~a~e. Village Council Meeting Minutes August 10, 1995 Page 2 ------------------------------- Minutes of July 27, 1995. Councilmember Schauer also requested addition under Any ether Matters of three items for discussion (1) conversation with Commissioner Karen Marcus regarding parks; {2) concurrency; and {3) September 29, 1995 meeting at the Palm Beach Gardens Marriott. Couacilmember Hansen moved that the Agenda be approved as amended. Couacilmember Schauer seconded the motion. The vote oa the motion was: William 8. Bux'ckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion eras therefore passed and adopted and the Agenda aras approved as amended. V. COW3ENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. The following items arere listed on the amended Coaseat Agenda: Y. APPROVAL OF ~ltZlVilTE3 AND REPORTS *.zl) Coltllliunity Appearance Board; July 12, 1995 *B) Country Club Drive Task Force; June 27, 1995 *D) village Council workshop Meeting; July 18, 1995 village Council Meetiag Minutes August 10, 1995 Page 3 ------------------------------- *E) Special village Council Meeting; July 25, 1995 *F) Village Managers Report; July 24 - August 4, 2995 Motion was made by Couacilmember Schauer to approve the Consent Agenda as amended. The motion was seconded by Couacilmember 8aasen. The vote oa the motion was: William 8. Burckart - for $lizabeth A. Schauer - for Carl C. 8aasen - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Consent Agenda was approved as amended. Councilmember Schauer referred to the Village Council Meeting Minutes for July 27, 1995, and pointed out that on page 31 the meeting date at the Palm Beach Gardens Marriott should have been September 29, and on the same page the spelling of the name Onorato should be corrected to Onorato. Motion was made by Couaciimember 8aasen to approve the minutes of the Village Council Meetiag of July 27, 1995 as amended. The motion was seconded by Couacilmember Capretta. The vote oa the motion was: William $. Burckart - for 811zabeth A. Schauer - for Carl C. 8aasen - for Joseph N. Capretta - for The motion was therefore passed and adopted. village Council Meeting Minutes August 10, 1995 Page 4 ------------------------------- vI. DEVBLOPMBNT MATT]3RS A) Special gxceptioa Public Hearing for Floors R-IIs , for Large Scale Sales & Service is the MQ-Mixed IIse District, 200 Tequesta Drive. Scott Lloyd, Applicant, Agent for Fehlhaber Corporation. Building Official Scott D. Ladd reported receipt that evening of all applications and fees from Tequesta Plaza for compliance with Ordinance 377, a new facade, and new signage. Building Official Ladd commented that Floors R Us was a single store operation and not a chain, and that they were applying for a special exception from a 3500 square foot store to a 6000 square foot store. Mr. Ladd reported that the option was available to deny the request since special criteria number E regarding landscaping had not been met. The other option was to grant approval with conditions. Mr. Scott Lloyd, CSC Cypress Real Estate Services of Ft. Lauderdale, Florida, explained that his company managed and leased approximately 700,000 square feet of property in southeast Florida, and had been hired by the Fehlhabers--not to manage Tequesta Plaza, but to assist in the leasing and the redevelopment of the shopping center if and when it would take place, since he was also a licensed building contractor. Mr. Lloyd reported he had been told that the intent was to first move forward with landscaping and renovation of the parking lot, however, according to a tenant (Goodner~s) it was preferred that the renovation begin after the first of the year after the season. The engineering firm of Knight, McGuire & Associates of Vero Beach had been hired to do the parking lot plan village Council Meeting Miautes August 10, 1995 Page 5 ------------------------------- and landscaping plan; and an architectural firm, Rodney Northgreen Architects, had provided the elevations for the facade renovation. Councilmember Capretta did not agree with the season being over in January, and stated that the Village Council had no problem with Floors R Us, but did have a problem with Mr. Fehlhaber, who had ignored letters reminding him that he needed to come into compliance with various Village Ordinances, and who periodically hired firms to produce plans but then fired them, and the Village had no assurance that this would not be done this time as well. Councilmember Capretta questioned whether Mr. Fehlhaber could be required to place a bond, to which Building Official Ladd responded affirmatively. Mr. Ladd stated that within 4 to 6 weeks the submitted applications could complete the development review process, and suggested that leverage needed at that point to assure that the job would be started and completed could be in the form of a bond, a developers agreement, etc., which could be done at the site plan review. Councilmember Capretta stated if the Village Council approved the special exception to go from a 3500 square foot store to a 6000 square foot store with the condition that compliance must be met with Ordinance 377 and the sign ordinance in a limited number of days, that the tenant would be lost; and if the tenant was allowed to move in then the village would have no leverage. Attorney Biagiotti agreed that the problem was timing and if there was nothing the Village could do to expedite the process with the owner then there were no other options, and the tenant would be lost. Building Official Ladd reported that many developments never happened after approval. Councilmember Capretta commented that if a tenant did not require a special exception that no village Council approval would be necessary. Village Council Meeting Minutes August 10, 1995 Page 6 ------------------------------- Building Official Ladd reminded the village Council they were only dealing with the use. Councilmember Hansen commented that the fact that the applications had been received only an hour ago seemed suspect, and possibly a promise could be made to the tenant for approval after a time period when some action had begun. Building Official Ladd said that the special exception could be postponed. village Clerk Manganiello stated that the issue at hand should be considered; that is, the criteria--Council can decide to either deny because of inadequate landscaping or to approve with conditions such as approval being contingent on the issuance of a building permit or the certificate of occupancy once the property is in compliance with Ordinance 377. Councilmember Capretta suggested approval with conditions and a $25,000 bond required to show good faith, which could be returned when the shopping center was in compliance with Ordinance 377 and with the sign ordinance within a specific time frame. Building Official Ladd stated that the Ordinance called out the options of a cash bond to be placed in escrow, a surety bond, or an irrevocable letter of credit from a bank. After discussion, the Village Council reached consensus that the surety would be a bank irrevocable letter of credit with a time certain of six months from today for compliance with both Ordinance 377 and the sign ordinance. Mr. Mike Meder questioned what would happen in six months if the work were not finished and was told that the village would then cash the letter of credit. Motion was made by Couacilmember Haasea to approve the special exception with conditions use for Floors R IIs for large scale sales aa8 service is the MtT-Mixed-IIse District, Village Council Meeting Minutes August 10, 1995 Page 7 ------------------------------- 200 Tequesta Drive, that a $25,000 Bank Irrevocable Letter of Credit be provided for six months from today and that the shopping center must costa into compliance with Ordinance 377 and with the sign ordinance by the expiration of the six- moath period. Motion was seconded by Couacilm~ber Schauer. The vote on the motion was: ~Pilliam $. Burekart - for $lizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Application for Naiver of Certain Landscape Requirements of Ordinance No. 377. Tequesta Country Club. Mr. Randy Hansen, Interplan, Inc., requested review of the landscaping of the parking area as well as site plan review of a parking area across the street from the Country Club. Mr. Hansen clarified that waiver of Ordinance 377 requirements for the parking area on the west side of the road was requested in exchange for meeting Ordinance 377 requirements in the east parking lot where Ordinance 377 compliance was not required since that was residential property. Mr. Hansen explained that the west parking lot was very tight and addition of any landscaping within the lot would create a dangerous traffic situation. Mr. Hansen explained that the 40-foot entrance had not been reduced to the required 24 feet because of the area needed for delivery trucks to enter, exit, and negotiate the turn; and that the clusters of sabal palms and additional ground cover had been added to soften the entrance at the suggestion of the Community Village Couacil Meeting Minutes August 10, 1995 Page 8 Appearance Board. Councilmember Schauer verified with Director of Public Works and Recreation Gary Preston that the Eastwinds Landing drainage problems would have no effect on this project. Vice Mayor Burckart suggested on the east side that trees be moved closer to the sidewalks and on the west side that the trees be moved out ten feet from the property line in order to scale down the roadway. Councilmember Capretta commented that he had encouraged residents along Country Club Drive to move into the right of way or closer to their property lines with landscaping, however, the Village Boards did not understand the Village Council's intent to slow traffic and reduce the right of way, and refused such requests, one of which was from Tequesta Country Club who had requested moving landscaping closer to their property line in order to accommodate a new tennis court. Building Official Ladd responded that the Boards were acting according to the village Code, however, since the village did have a streetscape program which they were actively following all the way down Tequesta Drive from U.S. One which could be continued onto Country Club Drive to the Martin County line, that the Village could start a policy to waive the Ordinance 377 requirements for any property along the streetscape if offset by an arrangement with property owners that they would pay for any landscaping within the right of way. Building Official Ladd commented that the only other concerns would be DOT requirements as to how close to the roadway trees could be planted and the size and caliper required. Councilmember Capretta commented that he had been encouraging movement only to the edge of the property line, not even into the right of way. Building Official Ladd commented it would save the village Council Meeting Minutes August 10, 1995 Page 9 ------------------------------- village the money they would have spent on the streetscape if residents were allowed to plant within the right of way, and the trees planted by the residents should be consistent with the live oaks desired by the Village. Vice Mayor Burckart suggested continuing the landscaping out to the property line in front of the tennis courts. Mr. Hansen stated the Board of Adjustment had suggested reconfiguring the pond in order to keep the 25 foot setback, and the Country Club's request had been a waiver to a 10-foot setback in order to accommodate the proposed additional tennis court. Councilmember Capretta stated that the goals were to make sure the road never became four lanes by reducing the right of way and to plant trees so that someday it would look like a tree tunnel which would slow traffic, and that consistency between the Boards and the Council was needed. Building Official Ladd commented that the message had not been given to the Boards to which Councilmember Capretta requested that the Boards be informed. Village Clerk Manganiello questioned whether irrigation would be required within the right of way for plants to which Building Official Ladd responded affirmatively and stated that all requirements that applied to the owners' properties would also apply within the right of way. evade (3riest, 494 South Dover Road, stated at the Board of Adjustment public hearing on July 17 when the Tequesta Country Club variance for tennis courts was presented that there had been a 30-day postponement. Mr. Griest questioned whether at the August 21 meeting the Board of Adjustment could make a ruling which would overule tonight's decision by the Village Council regarding requirements of Ordinance 377. Village Council Meeting Minutes August 10, 1995 Page 10 ------------------------------- Building Official Ladd responded that the Board of Adjustment had not been looking at landscaping in this instance, but was ruling on three variance requests, (i ) the tennis court at 10 -foot setback which was a 15-foot variance to the 25-foot setback requirement (2) the fence forward of the front building line of the club, and (3) the fence height at 12 feet rather than 6 feet. The decision on the tennis courts would not affect the landscaping other than it would be tight against it or it could be moved forward into the right of way, and either way it would meet the intent of a buffer for the fence. Building Official Ladd assured Mr. Griest that approval of the variance for the tennis courts would not interfere with the landscaping. Vice Mayor Burckart stated that the Village Council wanted to do things to improve the village that in turn would raise the tax base which would make Tequesta a more desirable place to live, which would raise progerty values. Examples of improvements would be slowing traffic on Country Club Drive, or upgrading tennis courts, or any project that would upgrade the Village, and cooperation was needed from the Board of Adjustment to work towards those goals. Mr. 8d Nelson, who spoke as a member of the Board of Adjustment, stated he believed there had been a lack of communication, and requested a letter from the Village Council of their intent on various items so that the Board of Adjustment could cooperate. Motion was made by Couacilmember Schauer to move the trees from the east side of the hedge to the west side of the hedge into the right of way, between the bike path and the hedge to make both sides consistent. Motion was seconded by Village Council Meeting Minutes August 10, 1995 Page 11 ------------------------------- Couacilmember Hansen. It was clarified by Building Official Ladd that when the tennis court variance request was made that if landscaping were shown as described is the motion that it would be accepted; and suggested to Mr. Hansen that plans presented on August 21 show the landscaping moved forward. ~. Hansen stated that at that time two alternatives would be presented. The vote on the motion was: Nilliam E. Surckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. VII. NEB BIISINESS A) Resolution No. 30-94/95 - Accepting the COPS FAST Qrant Award from the II. S. Department of Justice in the Total Amount of $75,000 and Authorizing the Mayor to Execute the Same oa Behalf of the village of Tequesta. (Staff Recommends Approval) Chief of Police Roderick provided an overview of the grant award, whereby the government would provide a share of the cost of a new police officer for three years, after which the Village would assume full responsibility for the cost; and explained that this officer would take the place of a senior officer who would administer all of the Police Department programs. Village Clerk Manganiello explained that village Council Meeting Minutes August 10, 1995 Page 12 ------------------------------- the FY 95-96 budget contained $10,000 as the Village share for this new officer. Attorney Biagiotti read Resolution 30-94/95 by title only . Motioa was made by Couacilmember Schauer to accept Resolution 30-94/95. Motioa was seconded by Couacilmember Hansen. The vote oa the motion was: 9Pilliam $. Burckart - for Elizabeth A. Schauer - for Carl C. Haasea - for Joseph N. Capretta - for The motion was therefore passed and adopted. VIII. tTNFINISHLD BIISINBSS A) Ordinance - Second Reading - Amending the Code of Ordinances of the village at Chapter 18, Section 18- 28, Relating to Solid Naste and Recycling Collection Service Charges; Providing Amendments to IIser Charges and Fees for Residential Curbside Solid Naste and Recycling Collection Services; Providing for Severability; Providing for Repeal of Ordinances is Conflict; Providing for Codification; Providing as 8ffective Date. (Staff Recomomeads Approval) village Clerk Manganiello explained that the village had already begun the process of placing refuse and recycling charges on property tax bills instead of on water bills, and that this Ordinance would provide the power to bill those residents who had been left off of the property tax rolls either through error or because a certificate of occupancy had not been issued prior Village Council Meeting Minutes August 10, 1995 Page 13 ------------------------------- to compiling tax rolls. Attorney Biagiotti read the above Ordinance by title only on second reading. Motion was made by Councilmember Schauer to approve the above referenced Ordinance on second reading. Motion was seconded by Couacilmember Hansen. The vote oa the motion was: ~iilliam 8. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Ordinance - Second Reading - Amending Article IV, General Requirements and Design Standards, Section 1, Conformity to a Comprehensive Plaa and Other General Requirements, Paragraph (6), Sub-Paragraph 1 by Providing a Revised List of Roadway-Type Level-of- Service Standards and Article IV, Section 3, Streets, Paragraph (15) by Providing a Revised List of Street Types and Right-of-Pay Nidths; Providing for Severability; Providing for Repeal of All Ordinances or Parts of Ordinances is Conflict; Providing for Codification; Providing as Effective Date. (Staff Recommends Approval) Village Clerk Manganiello explained that the changes were part of the village program intended to protect Country Club Drive and Seabrook Drive as urban collectors. The Village Clerk explained that the roadway width would be reduced to provide a 15-foot easement on each side with restricted uses as recorded village Council Meeting Minutes August 10, 1995 Page 14 in a declaration of restrictive covenants, so that the easements could not revert to roadway use in the future, thus limiting the streets to two lanes. Village Clerk Manganiello pointed out that the restrictions would be automatically extended by 10- year periods after thirty years unless the Village Council should approve a change. Attorney Biagiotti read the above Ordinance by title only on second reading. Motion was made by Couacilmember Hansen to approve the above referenced Ordinance oa second reading. Motion was seconded by Couacilmember Schauer. The vote oa the motion was: William 8. Burckart - for Hlizabeth A. Schauer - for Carl C. Hansen - for Joseph N'. Capretta - for The motion was therefore passed and adopted. XI. ANY OTHSR MATTERS Councilmember Schauer reported that County Commissioner Karen Marcus had offered to give the Village $50,000 from her Park & Recreation Allocation, which could be used for Tequesta Park, and the only condition was that the Village must sign an Interlocal agreement with the County stating what the money would be used for. Councilmember Schauer suggested that $38,000 could be used for the pavilion and the remainder for park maintenance. Vice Mayor Burckart suggested that some of the funds be used to plant large trees in the tot playground area. The consensus of the Village Council was that staff should proceed, and look into the offer. village Council Meeting Minutes August 10, 1995 Page 15 ------------------------------- Councilmember Schauer commented that Commissioner Marcus had mentioned a Palm Beach County plan for a bond issue in the future for parks and ballfield lighting in the north part of the county, which would help JTAA. Councilmember Schauer requested direction from the Village Council regarding extending an invitation to either Commissioner Marcus or Jody Gleason of the School Board to provide a presentation on concurrency. It was the consensus of the Village Council to extend the invitation for a presentation at the October 12 Village Council Meeting. Councilmember Schauer announced that all Village Council members and Village Manager Bradford were invited to attend a meeting and luncheon at the PGA Marriott on September 29, 1995. VII. COM~QNICATIOWS FROM CITIZ]3DiS Alec Cameros, 1 Garden Street, recommended that the Village not support the School Board proposal for a 1~ addition to the existing sales tax since they had not demonstrated that they could handle their money. Councilmember Capretta commented that since the School Board only needed approval from the seven largest cities in the county, they would not need to consult Tequesta. XV. ADJO'URNMRNT Councilmember Schauer moved that the meeting be adjouraed. Councilmember Saasea seconded the motioa. The vote oa the motion was: ~Pilliam B. Burekart - for 8lizabeth A. Schauer - for Carl C. Hansen - for Village Couacil Meetiag Miautes August 10, 1995 Page 16 ------------------------------- Joseph N. Capretta - for the motioa aras therefore passed sad adopted aad the meeting Village Council ,Meeting Minutes August 10, 1995 Page 17 ------------------------------- aras adjourned at 8:14 P.M. Respectfully submitted, Betty L ur Recording Secretary ATTEST: J ann Manganie o Village Clerk DATE APPROVED: