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HomeMy WebLinkAboutMinutes_Regular_03/13/1979MINUTES OF THE MEETING OF THE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA MARCH 13, 1979 A meeting of the Council of the Village of Tequesta, Florida was held at 7:30 P.M., Tuesday, March 13, 1979 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Brown, napes, Cook, Ryan and Yoder. Also present were Robert Harp, Village Manager and John C. Randolph, Village Attorney. The meeting was opened with Prayer and the Pledge of Allegiance to the Flag by Vice-Mayor Mapes. Mayor Brown announced the workshop meeting of the Board of County Commissioners on March 15, 1979 at which time they will receive a report on the County Library System from their consultant; the Jupiter-Tequesta Lions Club 25th Anniversary Banquet March 24, 1979. The minutes of the February 27, 1979 Site Plan Review meeting and February 27, 1979 Council Meeting were approved as submitted. Yoder had a question concerning whether or not the out of pocket expenses for the Planning Consultant Agreement included secretarial services and it was agreed it would. The Village Manager's Report for the period February 25, 1979 to March 10, 1979 was accepted with questions being asked about items 18, 22, 39 and 55. • John P4cKune advised he has not as yet been able to obtain commitment letters for water from the South Florida Water Management District, Palm Beach County Health Department or Department of Environmental Regulation, but would continue to seek them. He stated it was hard to obtain such commitment letters. Yoder said there is not an urgent need for the commit- ments at the present time. Brown said it appeared that the South Florida Water Management District wants the Village to commit water but the District won't commit their help to the Village for additional withdrawals. McKune said the matter of permission for use of the three (3) TT. S.G.S. wells for testing purposes rests with U.S.G.S. officials in Miami and he hopes to get the permission. McKune said Jupiter has a two step capital charge: (1) water connection charge of $260. per single family unit and $200. per multi-family unit (2) major water transmission main $300. - $490. per single family unit and $260. - $328. per multi-family unit. The Village of Tequesta charge is $400. per unit. Yoder said additional increased water usage may require additional costs for treatment and that such costs should be borne by the new users creating the demand for additional treatment. Mapes said he feels the Village should start action to increase capital charges now and Yoder said the capital charge for new customers could be similar to Jupiters. Brown asked about the cost for treatment of water from the Village wells mentioning the increase in salinity in Village wells; need for Village to obtain additional raw water supplies and suggested McKune could equate costs for additional treatment on a per million gallon basis. Roger W. Fulling asked the following questions of McKune: 3-13-79 - 2 • (1) Is there an available water supply in Martin County in Jonathan Dickinson State Park? (2) If water is available in Jonathan Dickinson State Park, will the Village be permitted to withdraw additional water? (Fulling reviewed prior history of prior application to State) (3) If the Village gets additional water from Jonathan Dickin- son State Park, would it be necessary to treat it? (the Village has temporary permission to mix the water from Village wells with purchased water from Jupiter) (4) If the Village has to construct a water treatment plant, it will be expensive to serve a few more customers. How much will it cost and who will pay for it? McKune said that the water monitoring program that they are presently working on is to determine the answer to these questions. J. R. Dewey said he does not understand the concern about high chlorides because the Water Department Superintendent told him there has not been too much change in chlorides over the years as taken by the Department. Yoder referred to recent information and data from U.S.G.S. reports and the South Florida Water Management District's recent letter expressing their concern with the apparent increasing salinity in the deep test wells. • The Village Manager was asked to provide Dewey with a copy of the District's letter. McKune said that water consumption was relatively low up to about five (5) years ago and since that time, the greater demand for water had stressed the aquifer. Brown reiterated to McKune that the Village wants the letters of commitment. McKune introduced Gee & Jenson staff member Cotter Christian to discuss the capacity of the water main underneath the Intracoastal Waterway. Christian showed a map of the water system which showed a 10" main under the Intracoastal into an 8" main on Jupiter Island. He indicated total Island build-out, obtained from J. Giba, would be approximately 975 units. He explained that water main sizes are designed for domestic flow and fire protection flow. The existing main on the Island can serve domestic needs when the Island is built-out. He can provide a better determination after receipt of the report of the Village water system from the Insurance Services Office. The existing main has enough capacity for fire protection for single family houses. Mapes asked if a 50 HP auxiliary pump at a condominium could pump the main dry and was advised it could not. A. L. Hutchison disputed the fact of good pressure on the Island, advising of pressure problems on the fourth floor of his building. T1cKune said this was an internal piping problem and not the water supply pressure problem. Giba explained how the build-out figures were derived. Yoder asked if the Village needs new capital charge for new Island users to pay for additional capital improvements. Christian said fire service would require crossing of the loop to the Island. He showed a location just south of the County • 3-13-79 - 3 • line at a narrow spot to construct a 12" main under the Intracoastal east from U.S. No. 1 to the Island 8" main at an estimated cost of $250,000. complete. There was some discussion of the cost since it was considerably lower than that projected by W. B. Sydow. Yoder said use of fresh potable water for fire protection is expensive and suggested Gee & Jenson might look at other means to provide cheaper water for fire protection purposes. Mapes said the Village should review capital charges now and proceed with making necessary adjustments. McKune said the estimated $250,000. cost for construction is reasonable based upon present figures for similar construction, especially the main recently installed under the Loxahatchee River. Brown said if it is found that a need exists for additional capital charges, then they should be determined and set up. McKune said he would estimate it would take 2-2Z years for installation of the main under the Intracoastal due to various permitting requirements necessary to be met. John Wise reported on the status of drainage and street resurfacing projects. They have completed study of the drainage around the golf course area and are now ready to meet with representatives of Tequesta Country Club to discuss same, to see if their proposal meets with the approval of the Country Club. Brown said he would arrange the meeting as soon as possible. Wise said the Country Club area drainage system appears to be pretty good. Cook asked about the Point Circle, Golfview Drive problem areas and Wise said all known flooded areas had been picked up in their study. Wise showed the latest general drainage plan for the Country Club area. Brown said some questions had been raised about the outflow pipe . from the pond back of his house on Bunker Place and Wise said they had data on all existing structures and were going to design accordingly. Wise said he was pleased with the progress being made. Wise reviewed what was being done for the resurfacing program including some test coring of base material on some of the streets in order to give them information to use in determining the best and most economical way to provide resurfacing. Wise said they also want to make a thorough study of estimated costs to determine the phasing of the work and hopes to have this information available for the next Countil Meeting. The Village Building Official, A. W. Butterfield, discussed the State Energy Code to be effective for plans for all construction submitted on and after March 16, 1979. He said the municipalities are obligated to enforce the code whether or not it has been adopted. The Village Attorney has the documents for preparing an ordinance to adopt the code. Butterfield indicated that it would not be a great expense to the Village to see that compliance to the code is made. R. W. Fulling showed pictures and called Council's attention to builders storing building material and. portable toilets on right-of-way. The Building Official said this was not allowed and would advise the contractors that were doing this. Fulling asked about parking of vehicles in the right-of-way and was advised that "no parking" areas had to be so indicated with signs. R. Sattley, Tequesta Gardens, spoke about concern with the catchment area of Tequesta Pines and lack of lighting. • 3-13-79 - 4 • He was advised the subdivision had not been accepted as yet by the Village and that street lighting was planned. Brown asked the Village Attorney if he was familiar with HB 402 pertaining to municipal annexation and he advised he was not but would find out. The Village Attorney advised he would have some comments and suggestions ready for next meeting pertaining to Sign Ordinance revision and Community Appearance Board Ordinance revision to include signs. Alan D. Gordon, Attorney, representing Stanley J. Harte, appeared before the Village Council requesting approval for Wendy's Restaurant. He referred to the Village Attorney's March 8, 1979 letter in regard to the parking spaces for the restaurant and said he did not agree with his opinion that the parcel of land on which Wendy's is proposed for construction is not a part of Lighthouse Plaza. Gordon said the site was a part of the Plaza. He further stated the Village Attorney's opinion did not state any law in this regard. Gordon said he would like the opinion of the Council in this matter. The Village Attorney said the site plan had been reviewed with the legal question on the parking having been turned over to him. The Village Attorney reviewed the section of the Site Plan Review Ordinance dealing with review by Village Council. Yoder reminded that Harte had advised he would pay for a traffic study by a firm selected by the Village. He said parking does not conform to requirements according to the Village Attorney's • letter and that the Site Plan Review had been halted and the parking matter turned over to the Village Attorney. Yoder moved, seconded by Mapes that the Village Manager make a written finding on behalf of the Village Council to pass on to the appli- cant, that the Wendy's proposal does not meet the specific zoning require- ments governing the use of the property. Gordon questioned concerning what is considered as a lot for purposes of parking requirements and stated his clients would prefer to have the proposal approved. However, they have an alternate proposal, if the Council would like to consider same. The Village Attorney said the Council could listen to the alternate proposal. Gordon said he would like to have the original application approved as modified by the alternate plan. The Village Attorney said the alternate proposal would have to be reviewed first by the Building Official accord- ing to the Site Plan Review Ordinance before submission to the Village Council. Gordon asked that the motion be held in abeyance and the Village Attorney said there was no need for this and the review could continue after modifications are presented to and reviewed by the Building Official. Katz, representing Harte, said he would like to have the alternate proposal presented for Council consideration. Gordon again requested the motion be held in abeyance until presentation of the alternate proposal. The Village Attorney said it would be better for the Council_ to adopt the motion. Gordon said he wants a legal opinion on qualifications for parking and that there is no change in the application but to qualify zoning parking require- ments. r~ L 3-13-79 - 5 • The Mayor called for the vote on the motion, which was: Yoder For Mapes For Brown For Cook For Ryan For and the motion therefore passed. Ryan moved, seconded by Mapes, to deny the application for Wendy's Restaurant and direct the Village Building Official not to issue a building permit for same. The vote on the motion was: Ryan For Mapes For Yoder For Cook For Brown For and the motion therefore passed. Theodore E. Davis, Architect, displayed the alternate proposal for Wendy's stating he thought and assumed Wendy's would be considered as a part of Lighthouse Plaza the same as Fidelity Federal Savings and Loan new • building was. The Village Attorney and Council said they did not think this was a valid assumption. Davis said the alternate proposal considers Wendy's Restaurant on a single parcel of land with parking re-arranged to meet the requirements. He stated 24 parking spaces would be required since the restaurant is to have H3 seats and 9 employees. The entrance south of Tequesta Fashion Square will be removed and entrance will be made further to the west which would improve traffic flow and traffic pattern. Landscaping had previously been approved by the Community Appearance Board and would not be modified but continued. Brown said traffic flow for the Plaza and Fashion Square was of concern to the Village Council with new construction causing serious problems and aggravating traffic problems. Davis said if an area was zoned for retail and restaurants, they would have to be permitted and restaurants are often constructed on key corners of shopping centers, which are valuable corners. He said Wendy's was part of the overall development for the area. Yoder suggested the new proposal be submitted to the Building Official; perhaps have Community Appearance Board review again; have Site Plan Review for new proposal and have traffic flow analysis. The Village Attorney said it would be better to see if all items were taken care of in the proposed new plan before having the traffic study made. Tf the Village Attorney and Building Official agree that various items have been met, then have traffic study made. Katz said he wanted approval to proceed with the alternate proposal. Giba said the alternate proposal seems to resolve the matter of non-contiguous parking and legal zoning parking requirements have been met. • 3-13-79 - 6 • William Markham, President, Wendy's Southeast, said they were anxious and excited about the proposed building and believed it would be very attractive and an asset to the area. Giba voiced need for a traffic study not only for Wendy's but for the entire area that would be affected by the addition of the Wendy's Restaurant. Davis asked if all other appli- cants for commercial construction will be required to have traffic studies made and was advised they would. Mr. Edwin J. Nelson, owner of Tequesta Fashion Square, appeared before the Council with a request for approval of fixed ceiling mounted signs for individual establishments in the Square. He displayed an actual sign to be used, wood, size 11" x 24". A discussion ensued on the method of attachment to the ceiling for safety reasons. Nelson said he would like to have one mounted and work out any mounting problems with the Building Official. Mapes moved, seconded by Cook, that the ceiling mounted signs for the shops in Tequesta Fashion Square be approved as submitted. The vote on the motion was: Mapes For Cook For Yoder For Brown For Ryan For and the motion therefore passed. • A brief discussion was held on the facia signs for the Tequesta Fashion Square and Woodard's Warehouse and the Village Council determined they wanted the Community Appearance Board to review them prior to Council's consideration. Yoder asked some questions concerning the recent notice from the Federal Insurance Administration advising of changes in the Village's Flood Insurance Rate Map (FIRM). The Building Official discussed same and it was noted there is a 90 day period in which to oppose the changes. Giba reviewed the meeting at Treasure Coast Regional Planning Council on the Village's Comprehensive Plan and County Line Road improvements in Martin County to connect the extension of Country Club Drive and County Line Road. Yoder expressed his concern over the Town of Jupiter's desire to annex property south of the town and allow higher densities than the County allows. He said he believes the Village should oppose such actions and Jupiter should consider the entire area when reviewing such matters. Brown said Jupiter wants to grow the way they want to grow and that he would advise County Commissioner Evatt of the Village's feeling in this matter. A. L. Hutchison suggested that the Village contact developers, especially those on Jupiter Island, to see if they would annex prior to start of development so that development could be done according to Village zoning. The formation of an annexation committee was briefly discussed and Brown asked Hutchison if he would be on such a committee. Financial . Disclosure would be required. Hutchison did not give a definite answer. 3-13-79 - 7 • There being no further business, the meeting was adjourned at 10:55 P.M. Respectfully submitted, ~~~~ obert Harp Village Manager i RH:jf APPROVED BY COUNCIL: . T` 'Howard F. Brown .,~•/~ ~j W. Harvey Mapes, Jr. ~"'- Leslie A. Cook a ~.es H. Ryan = "~~ i~