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HomeMy WebLinkAboutMinutes_Regular_04/23/1985 MINUTES OF THE VILLAGE COUNCIL PUBLIC HEARING OF THE VILLAGE OF TEQUESTA, FLORIDA APRIL 23, 1985 A Public Hearing was held by the Village Council of the Village of Tequesta at 7:00 P.M., in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Howell, Mapes and Stoddard. Gemino was out of town and Murphy was ill and could not attend. Also present were: Robert Harp, Village Manager, Cyrese Colbert, Village Clerk and John C. Randolph, Village Attorney. This Public Hearing was for a Special Exception Application from the First United Presbyterian Church for the operation of a Pre-School Facility. Mr. John McGowan was present representing the Church.. Mr. McGowan explained to Council that this is a pre-school that will have around 24 stu- dents per session. The Church has decided to open the school. because the community would like to have their children in a Christian environment. When asked if the pre-school is just for Church members, Mr. McGowan responded no, that this was opened to outsider as well. Mapes asked how much of the time would be spent in the play area. Mr. McGowan told Council about three (3) hours a day, because the students would not be outside all day. The Village Attorney asked what grades and ages would the school be for. Mr. McGowan told Council this is for the three and four years old. Fran Kennedy spoke in favor of the Special Exception. Joan Wagner spoke in favor of the Special Exception. 'The Village Manager read into the records a letter from Darlene Brindell in favor of the Special Exception. Sherry Siegman, Carol Bechwick and Dick Myer spoke in favor of the Special Exception. Linda Weissman, Sue Howell and Carol Richard were also in favor of the school. The Village Attorney advised that if there is any comments for or against this item, it should be said now during the Public Hearing because when the item comes before Council during the Council Meeting it will only • be for Council to voice their opinions. The Village Manager told Council and the audience that legal notice had been published on April 7, 1985 and we had the "Proof of Publication". Minutes of the Village Council Public Hearing April 23, 1985 Page 2 - -------------------------------------------- Also that letters had been sent to people with 300 feet of the Church. The meeting was adjourned at 7:27 P.M. Submitted by: a _~ CYR~SE COLBERT Village Clerk CC:mk S _" ~, Date App oved -~li. /J W. HARVEY MAPES JR, ~~ ~ ~ ~~ EDWARD ~. HOWELL f ~ ~ CARLTON D, STODDARD ~ /~--~_ L GEMI /~ ~ ~- \ ~ • ~ _ ~,~ "ARTHUR R. MURPHY '~ MINUTES OF THE VILLAGE COUNCIL MEETING • OF THE VILLAGE OF TEQUESTA, FLORIDA APRIL 23, 1985 A meeting was held by the Village Council of the Village of Tequesta, Florida at 7:30 P.M., Tuesday, April 23, 1985 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Howell, Mapes and Stoddard. Gemino was out of town and Murphy was ill and could not attend. Also present were: Robert Harp, Village Manager, Cyrese Colbert, Village Clerk and John C. Randolph, Village Attorney. The Opening Prayer and Pledge of Allegiance to the Flag was given by Councilmember Howell. Changes made to the agenda was Item le. had been moved to the first item on the agenda. Mayor Stoddard made the following announcements: C.O.G. Meeting - May 1, 1985 at 7:30 P.M. Save the Children's Week April 28 - May 4, 1985 = • Soil Stewardship Week May 12 - 19, 1985 The first item on the agenda was the Approval/Denial of Special Exception for the First United Presbyterian Church for Operation of a Pre- school facility. On the advise of the Village Attorney, the Mayor opened the floor for comments from the audience who may not have been present during the Public Hearing. Mr. Tom Sawyer, 478 Tequesta Drive, told Council he was representing the owners in Whitehall Condominium and that the owners were against the Village giving the Church a Special Exception to operate a Pre-School facility. The Village Attorney advised the applicants that since there were only three (3) members of Council present any matter coming before the Council had to be a unanimous vote or a 2 to 1 vote would be considered a non- vote and the matter would have to be rescheduled. Howell moved, "to approve the Special Exception for the First United Presbyterian Church for operation of a Pre-School facility". Mapes seconded and vote on the motion was: • Minutes of the Council Meeting • April 23, 1985 Page 2 - ------------------------------------ Howell - for Mapes - for Stoddard - for and therefore the motion was passed and adopted. lb. The next item on the agenda was the Water Report from Mr. Bill Blischke, Gee & Jenson. Mr. Blishke read Gee ~ Jenson's letter of April 22, 1985 recommending to Council that the water use restriction program be modified for voluntary compliance. In the letter it also stated, "If current progress is maintained on recovery of water levels, we anticipate recommending elimination of all restrictions after both new wells are in service and a regular usage program is established". Council set up a Special Council Meeting for Thursday, April 25, 1985 at 5:00 P.M., to discuss the problem of excessive noise levels at the new • Well 7R. Mapes moved, "that we go from Mandatory to Voluntary Water Use Restrictions with the same day and hour that we had in the past for Mandatory Water Use Restrictions". Howell seconded and vote on the motion was: Howell - for Mapes - for Stoddard - for and therefore the motion was passed and adopted. Mr. Carl Miller, Gee u Jenson reviewed with Council the bids received for the Tequesta Drive ~ Seabrook Road paving and drainage improvements and minor pavement construction. The low bid received was $45,555,00 from Rosso Paving $ Drainage, Inc, with sixty (60) days time to complete after Notice to Proceed. The engineers figured an amount of $3,430 for contingencies and engineering fee of $8,461.00 which includes inspection service. Mapes said Gee ~ Jenson should reduce the engineering cost because he feels part of the problem was Gee ~ Jenson's fault for the inspection done on drainage improvement completed at this same location. When the Village Attorney was asked if the Village could be reim- bursed by the previous contractor if they were found liable for the cost of repairs, he told Council that that cost to be borne by the previous • Minutes of the Council Meeting April 23, 1985 Page 3 - ------------------------------------ contractor would have to be broken out of the bid and collected from them. The Village Manager pointed out that this intersection has been bad long before we had any work done and the work has to be done. Mapes moved, "for the approval of the bid from Rosso Paving ~ Drainage, Inc. in the amount of $45,555.00 and that we apply the contin- gencies in the amount of $3,430 and the engineering fee of $8,461 for a total project cost of $46,191, with the engineering cost to be negotiated with Gee ~ Jenson". Howell seconded and vote on the motion was: Howell - for Mapes - for Stoddard - for and therefore the motion was passed and adopted. • Mr. Edward D, Adams, III, Mr, Richard Whittermore and Dr. Joan Barice were present representing CARP (Comprehensive Alcoholism Rehabilitation Programs, Inc.). Mr. Adams showed slides and gave information on the C.A.R.P. system. Mr. Adams told Council that CARP has opened a new facility at 169 Tequesta Drive. He also told Council that the treatment services offered there is individual, group, marital, family and educational counseling. The next item on the agenda was the revised Site Plan Review for Tequesta Commerce Center, 208 ~ 212 U,S. Highway No. 1. The Village Attorney advised that since there are only three (3) members of Council present all three (3) votes have to be either in favor of, or all three (3) votes against the application. If this does not happen then the application automatically comes back to Council. Mr. William Murphy showed revised plans of the proposed building showing the north elevation of the north building and the south elevation of the south building with a mansard roof across the rear of each building, an alternate plan showing a mansard across both rear doors of each unit, overhead doors reduced from 10 feet to 8 feet colonial style in lieu of industrial type doors, small rear doors to be colonial style and six (6) feet high slatted fence around south, north and west sides of project. Also, the hedge is to be maintained at a six (6) feet height. Mr. Murphy told Council that these changes will cost between $25,000 and $30,000. • • Minutes of the Council Meeting April 23, 1985 Page 4 - --------------------------------------- Mr. Murphy also reviewed for Council the list of businesses that would be allowed and businesses that would be prohibited in the covenant. There was lengthy discussion that went on between Mr. Murphy's Attorney, the Village Attorney and Village Council, and in conformance with Robert's Rules of Order this writer will state only action taken. The following is a list of provisos agreed upon by Mr. Murphy and his attorneys for this project. 1. A mansard roof to be constructed across the rear of each building pursuant to revised plans submitted. 2. Overhead doors at rear of each building to be eight (8) feet high, colonial style. 3. Grade doors at rear of each building to be colonial style. • 4. Six (6) feet high, green vinyl coated chain link fence to be constructed along south, north and west sides of project. S. Hedge to be installed and maintained to six (6) feet in height with irrigation system provided for the hedge. 6. Hours for operation of trucks on the site to be 7:00 A.M. to 7:00 P.M, only. 7. No advertising signs to be on rear of buildings. Designation of units to be made with small letters and small numbers on grade doors only. 8. Landscaping to be provided along rear of each building between store units, next to building. 9. Rear doors to be kept closed. unless storage space is occupied by personnel. 10. Storage space shall not be rented separately from the primary use and that that storage space shall not be rented for storage of other people's goods and shall be used as an access to main use. • • Minutes of the Council Meeting April 23, 1985 Page 5 - ------------------------------------------ Stoddard asked the Village Attorney if this project is a permitted use. The Village Attorney advised that this is a Site Plan Review for the construction of a structure. Prior to the building being used or given an occupational license the Building Official has the jurisdiction to decide if this is a permitted use. The Village Attorney reviewed with Council the part Council is to have in the Site Plan Review process. Frank Sullivan asked if there would be repair work done and was ad- vised there would be no car repair work done at this project. There were several residents who addressed this item. Mapes moved, "approval of Site Plan Review for Tequesta Commerce Center with the following provisos: 1. A mansard roof to be constructed across the rear of • each building pursuant to revised plans submitted. 2. Overhead doors at rear of each building to be eight (8) feet high, colonial style. 3. Grade doors at rear of each building to be colonial style. 4. Six (6) feet high, green vinyl coated chain link fence to be constructed along south, north and west sides of project. 5. Hedge to be installed and maintained. to six (6) feet in height with irrigation system provided for the hedge. 6. Hours for operation of trucks on the site to be 7:00 A.M. to 7:00 P.M. only. 7. No advertising signs to be on rear of buildings. Desig- nation of units to be made with small letters and small numbers on grade doors only. 8. Landscaping to be provided along rear of each building between store units, next to building. • Minutes of the Council Meeting • April 23, 1985 Page 6 - 9. Rear doors to be kept closed unless storage space is occupied by personnel. 10. Storage space shall not be rented separately from the primary use and that that storage space shall not be rented for storage of other people's goods and shall be used- as an access to main use. Howell seconded and vote on the motion was: Howell - for Mapes - for Stoddard - for and therefore the motion was passed and adopted. There was a 5 minute recess at 10:15 p.m. • The next item on the agenda was the consideration of bids for re- sodding of Village Green. Mayor Stoddard commended Gary Preston, Recreation Director for the job well done on the work and supervising of the Village Green Park Improve- ments. The Recreation Director, Mr. Preston reviewed with Council the consideration of the removal of existing sod and re-sodding of the Village Green with No. 1 Floratam Sod. The Village Manager had sent Councilmembers a Memorandum on April 4, 1985 stating where the funding for this project could come from. The Village Manager sent another Memorandum on April 23, 1985 to Council after the bids had been received, stating the Village had received only one bid from Dix Landscape Company for a total amount of $9,906.97 which included the removal and disposal of existing sod and soil and ground preparation and the installation of No. 1 Floratam Sod. Mapes moved, "that the bid for removal and disposal of existing sod and installation of No. 1 Floratam sod from Dix Landscape Company in the amount of $9,906.97. with the funds coming from the Capital Expenditures for parks fund be approved but that the sodding not start until the South Florida Water Management District lifts its voluntary water use restrictions". Howell seconded and vote on the motion was: C~ Minutes of the Council Meeting • April 23, 1985 Page 7 - Howell - for Mapes - for Stoddard - for and therefore the motion was passed and adopted. The next item on the agenda was the consideration of authorization for resurfacing walkways at the Village Green. The Village Manager had sent a Memorandum to Council dated April 17, 1985 advising Council that the contractor for the project had advised his work crew. will not be in the area in the near future and that he could probably move onto the project with short notice but there would be an additional cost of $300,00 for mobilization of the crew and equipment. The contractor had also advised that the bricks that have been put in place to edge the walkways may be subject to being crushed by the con- tractor's roller and in order to prevent this from happening, a thicker asphalt base before rolling may be required. The extra asphalt would have to be paid for on a per ton basis. • The Council had previously approved an amount of up to $4,000 for resurfacing the walkways and providing Floratam sod around the fountain area, but additional money may need to be approved. Howell moved, "to approve the authorization to the contractor to proceed with the resurfacing of the walkways with the possibility of an additional asphalt cost". Mapes seconded and vote on the motion was: Howell - for Mapes - for Stoddard - for and therefore the motion was passed and adopted. The next item on the agenda was of Satellite Television Antenna Systems advised that he had met with the Villag Gene Caputo, Planning Consultant on the and the conclusion they all came to was with on a one to one basis. the report on screening and buffering Structures. The Village Attorney Manager, the Building Official and screening of satellite dish antenna that each applicant had to be dealt Modified Site Plan Review - Satellite Dish Antenna System for W. Parker at 135 Point Circle was the next item on the agenda. The Building Official showed pictures of what the antenna would look • like to Council. The company which will install the antenna, if approved, Minutes of the Council Meeting • April 23, 1985 Page 8 - at 135 Point Circle installed a temporary model to show the Village's rep- resentatives and neighbors what it would actually look like in the yard. The ap~lieant showed that the antenna could be effectively screened. Mapes moved, "that it be approved with the provided screening". Howell seconded and vote on the motion was: Howell - for Mapes - for Stoddard - for and therefore the motion was passed and adopted. The next Site Plan Review for a Satellite Dish Antenna System was for 285 Golfview Drive. The representatives for the owner of 285 Golfview Drive showed Council pictures of what the antenna would look like from adjoining neighbors. Owners of the house directly behind the resident also showed Council pictures and advised Council that the antenna could be seen from almost every room in the rear of their home. • Council was not shown that the antenna could be effectively screened from adjoining neighbors. Howell moved, "to deny this application on the basis that it can not be effectively screened". Mapes seconded and vote on the motion was: Howell - for Mapes - for Stoddard - for and therefore the motion was passed and adopted. The Council Meeting Minutes for March 26, 1985 were received, the Village Manager's Report and the Village. and Water Department Financial Statement for March 1985 were also received. The meeting was adjourned at 11:10 P.M. ~~ ~-1 CYRSE COLBERT Village Clerk • CC:mk • Minutes of the Council Meeting April 23, 1985 Page 9 - Date pproved l~•//- W. HARVEY MAPES JR. ~~~ ~ . /~ r • EDWARD C. HOWELL C.~~ -- /JILL GEMINO ~- CARLTON D. STODDARD _ ,, ARTHUR R. MURPHY ,• •