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HomeMy WebLinkAboutMinutes_Regular_11/17/1988VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 V= L L AGE O F T E QUE S TA V= L LAG E C OUNC.= L MEET = NG M= NUT E S NOVEMB E R 1 7~ 1 9 8 8 • I. The Tequesta Village Council held a regularly scheduled Village Council Meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida on Thursday, November 17, 1988. The meeting was called to order at 5:30 P.M. by Mayor Ron T. Mackail and a roll call was taken by the Village Clerk. Councilmembers present were William E. Burckart, Joseph N. Capretta, Earl L. Collings, Vice-Mayor Edward C. Howell, and Mayor Ron T. Mackail. Village officials present were: Thomas G. Bradford, Village Manager; Wendy K. Harrison, Administrative Assistant to the Village Manager; John C. Randolph Esq., Village Attorney; Department Heads, and Bill C. Kascavelis, Finance Director/Clerk. II. Councilmember Earl L. Collings gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA A) The Village Manager requested that the agenda be amended to include Item IV C "Notice of Appeal of Community Appearance Board decision relative to Perkins Restaurant." Councilmember Burckart advised Council that he would be addressing Council on behalf of Perkins Restaurant and that he had a conflict of interest in the matter, and in accordance with Florida Statutes he would file a Conflict of Interest Form with the Village Clerk denoting the conflict. B) Councilmember Earl L. Collings indicated his desire to discuss various aspects of the Tequesta Drive Improvement Project as Item VII A, ANY OTHER MATTERS. There being no other additions or deletions Vice-Mayor Howell moved, seconded by Collings, "to approve the Agenda as amended. the motion was: William E. Burckart _ for Joseph N. Capretta for Ron T. Mackail - for Earl L. Collings - for Edward C. Howell - for to the Agenda, Councilmember " The vote on Village Council Meeting • November 17, 1988 Page Two - the motion therefore passed, and the Agenda was approved as amended. IV. PUBLIC HEARING/DEVELOPMENT MATTERS A) Mr. J. Barry Curtin, Esq., attorney for Haisfield Enterprises, reviewed the details of an application for Special Exception Approval for a "PRD" Planned Residential Development for Intracoastal Villas within the R-2, Multiple Family District per Section IX, of the Village Zoning Ordinance. Mr. Curtin noted there were no variations in the configuration of the 29 units planned; however, because of utilities setback requirements and variations of the shoreline, consideration for a Planned Residential Development would be more appropriate for Intracoastal Villas. Councilmember Collings questioned Mr. Curtin concerning a proposed modification of the median dividing U.S. Highway 1 • for the proposed left-turn lane on U.S. Highway 1 into the north entrance to Tequesta Shoppes Shopping Center and Intracoastal Villas. Mr. Curtin indicated he had discussed realignment of the entrance to Saint Jude's Church with the alignment of the proposed left-turn lane to the Tequesta Shoppes and the Intracoastal Villas northerly entrance. Mr. Curtin indicated that Saint Jude's Pastor was not receptive to realigning the Church entrance. At the direction of Council, the Village Manager was instructed to communicate with the Department of Transportation stating the concerns of the Village with regards to the realignment of the two entrances. During the review, Council also established as a condition of the Site Plan Approval, that the mean high water line would establish the eastern property line of the development. Upon completion of the review of the Special Exception request, Councilmember Collings moved, seconded by Vice- Mayor Howell, "to approve the request of Intracoastal Villas for a "PRD" Planned Residential Development in accordance with the provisions of Section IX of the Tequesta Zoning Code, subject to the conditions specified." The vote on the motion was: • Village Council Meeting Minutes November 17, 1988 Page Three - -------------------------------- William E. Burckart - for Joseph N. Capretta - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion therefore passed and was adopted. • B) Upon completion of a review of the proposed Site Plan Application for "Intracoastal Villas," Councilmember Burckart moved, seconded by Councilmember Capretta, "to approve the Site Plan Application for Intracoastal Villas as presented." The vote on the motion was: Earl L. Collings Edward C. Howell Ron T. Mackail Joseph N. Capretta William E. Burkart - for - for - for - for - for the motion therefore passed and was adopted. A copy of Intracoastal Villas Applications for Special Exception and Site Plan Review is attached to and made a part of these minutes for informational purposes. C) The Village Attorney read by title the first reading of Ordinance No. 379, "AN ORDINANCE OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION IV, DEFINITION; SECTION 7, SCHEDULE OF USE OF REGULATIONS, BY ADDING AN ADDITIONAL SPECIAL EXCEPTION USE TO THE "C-2" COMMUNITY COMMERCIAL DISTRICT AND AN ADDITIONAL PERMITTED USE TO THE "C-3" ZONED COMMERCIAL DISTRICT; SECTION 8, OFF-STREET PARKING AND LOADING REGULATIONS, PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE." A lengthy discussion ensued concerning provisions of proposed Ordinance No. 379. Of specific concern to Council and the applicant were Section 2, Item f and Item m, and Section 3, Item f, Item m, and Item u. Numerous other questions and concerns were raised by the Village Building Village Council Meeting Minutes November 17, 1988 Page Four - -------------------------------- Official and Members of Council. Upon completion of the review of the Ordinance provisions it was the consensus of Council that its primary concern was to insure that development of the proposed property to be annexed to the Village would permit a new car dealership and not a used car dealership or storage area for ancillary use by a new car dealer. Attorney Randolph noted that the revisions proposed to the Ordinance were of a substantiative nature and he recommended that the first reading be postponed until the Ordinance was rewritten. Councilmember Collings suggested adopting the first reading of the Ordinance subject to revision prior to the second reading, which would enable coordination of the Ordinance to the companion legislation providing for annexing the parcel into the Village. Attorney Randolph indicated in light of the advertising expense associated with the two Ordinances Mr. Collings suggestion could be followed and if necessary a third reading of the Ordinances could be held at the Council Meeting scheduled for December 15, 1988. Upon completion of the review Counci • seconded by Councilmember Burckart, reading of Ordinance No. 379 subject to prior to the second reading scheduled The vote on the motion was: lmember Collings moved, "to adopt the first the required revisions for December 1, 1988." Edward C. Howell - for Ron T. Mackail - for William E. Burckart - for Earl L. Collings - for the motion therefore passed and was adopted. Immediately prior to the vote being taken on Item 4 b, Councilmember Capretta was excused from the meeting to attend a personal business meeting previously announced. D) Mr. Mark Pantlin, owner, County Line Plaza, reviewed an Appeal of a Decision made by the Community Appearance Board with regard to the design of the Perkins Restaurant at County Line Plaza, on behalf of Perkins Restaurants. Mr. Pantlin noted that it was his understanding that the reason the Community Appearance Board disapproved the design of the Perkins Restaurant as submitted resulted from the inability of the tenant to make design concessions, which included elimination of the yellow awning in front of the main entrance, green • Village Council Meeting Minutes November 17, 1988 Page Five - the just beneath the roof line, and a neon strip light used to illuminate the tenants identification surrounding the top of the building. Mr. Steve Schutz, applicant, stated that the design was a new prototype of buildings required for all newly constructed Perkins Restaurants, which requires the neon lighting to be affixed to their buildings. Councilmember Burckart addressed the issue on behalf of the applicant and suggested that the Village must provide flexibility to attract tenants to the vacant buildings at the older shopping centers within the Village. A lengthy discussion ensued involving members of the Village Community Appearance Board, Council, and the applicant. The Village Attorney advised Council that the Council must act on the Appeal from Perkins Restaurant by: 1) either affirming the decision of the Community Appearance Board, 2) affirming the decision of the Community Appearance Board with modifications, or 3) reversing the decision of the Community Appearance Board. Upon completion of the review Councilmember Collings moved, seconded by Vice-Mayor Howell, "to: 1) approve the colors submitted by Perkins Restaurant for the awning 2) eliminate the neon lighting around the top of the building 3) approve the green the band around the upper facade of the proposed building. 4) refer the applicant, Perkins Restaurant, back to the Community Appearance Board for review and approval of landscaping for the restaurant." The vote on the motion was: Ron T. Mackail - Edward C. Howell - Earl L. Collings - for for for the motion therefore passed and was adopted. During the discussion of the previous matter there was a consensus of Council that staff draft an Ordinance requiring all utilities to be placed underground. Council reiterated it was their intent, which was confirmed by the Village Attorney that all existing and proposed utilities for the shopping center be placed underground. Mr. Mark Pantlin, owner, County Line Village Council Meeting Minutes • November 17, 1988 Page Six - Plaza, was requested by Council to review the County Line Plaza construction project and assist Coachman Inn with the underground relocation of utility service north of County Line Plaza prior to Coachman Inn's application to the Village for site plan approval. Mr. Pantlin agreed to Council's request. V. APPROVAL OF MINUTES AND REPORTS Councilmember Collings moved, seconded by Vice-Mayor Howell, "to approve the Village Council Meeting Minutes of the November 3, 1988 meeting, the Village Manager's Report for the period covering October 24 through November 11, 1988, and the Tequesta Planning Commission Meeting Minutes of the October 10, 1988 meeting as submitted." The vote on the motion was: Ron T. Mackail - for Edward C. Howell - for . Earl L. Collings - for the Minutes and Report were therefore adopted as submitted. VI. COMMUNICATIONS FROM CITIZENS None VII. ANY OTHER MATTERS A) Councilmember Collings reviewed the need for constructing a temporary right hand turn lane from Tequesta Drive south onto Old Dixie Highway. Mr. Collings indicated the Village owned the land where the right hand turn lane would be constructed, and it was his opinion that construction of a temporary right hand turn lane would be beneficial to providing an orderly traffic flow within the Village prior, to the completion of the proposed Tequesta Drive Widening Project. The Village Manager was instructed to review matters associated therewith and report back to Council with his recommendation. B) Councilmember Burckart questioned the status of the proposed revision to the Village Sign Ordinance. Member Collings reported that he had met with the Community Village Council Meeting Minutes • November 17, 1988 Page Seven - Appearance Board, Business Community Leaders, and a tentative draft has been completed and is currently being reviewed by Village staff for preparation of proposed Legislation. There being no other business before the Council, the meeting was adjourned at 7:50 P.M. Respectfully submitted, ~ ~~~~'~~ / =~%~/~ Bill C. Kascav is Finance Director/Clerk BCK/ j mm Attachments DATE APPROVED: • December 1, 1988 • J , FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDULE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Burckart, William Edward, II Village of Tequesta, Council \1AIlING AUURES$ rHE B0.4RU, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 46 Chapel Court WHICH I SERVE IS A UNIT OF: X CITY COUNTY I OTHER LOCAL AGENCY CITY COUNTY' Tequesta Palm Beach NAME OF POLITICAL SUBDIVISION: U 4TE ON \\'HICH VOTE OCCURRED . MY' POSI"IION IS: November )_~, 1988 X ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies whe are presented with a voting conflict of interest under Section (12.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the lati~ when faced with a measure in which you have a contlict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and Vb'ITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the contlict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT Vl'HICH THE VOTE WILL BE TAKEN: tYou should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest (L I t~R\I MB ill-Nh t'AGE 1 - - _" -~ [F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST Willaim E. Burckart II hereby disclose that on (a) A measure came or will come before my agency which (check one) _~ inured to my special private gain; or int.rc:d to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: 19 by whom I am retained. As a real Estate Broker who will be paid a commission for the successful approval of the Applicant, County Line Plaza & Perkins Restaurants, I withdrew. 11-23-88 Date Filed ''r~ ~ l Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. November 17, 1988 CE FORM 8B -, 10-86 PAGE 2