Loading...
1985.12.20_TC_Minutes_Special•. - , TOWN OF HIGHLAND BEACH, FLORIDA TOWN COMMISSION Recessed Special Meeting of 12/18/85 Friday, December 20, 1985 l~J: Q14! A.M. The Recessed Special Meeting of December 18, 1985 of the Town Commission was called to order at 10:0 a.m. by Mayor Edward J. Sullivan in the Town Commission Chambers at Town Hall. ~~. The roll was called. Present were: Mayor Edward J. Sullivan, Vice "' ,., Mayor Mary Louise G. Blosser, and Commissioners John J. Basso, William '~~`~ A. Grier, and Betty Jean Stewart. Also present were: Town Attorney Thomas E. Sliney, Building Official Bruce Sutherland, Town Manager Hugh D. Williams, Lorenz Schmidt (Vice President of Teron International, Inc.), Deputy Town Clerk Elizabeth L. Kolek, and members of the general public. Mayor Sullivan announced that the purpose of todays Recessed Special Meeting was to discuss only the three items on the agenda: (1) The continuation of the discussion with Teron International. (2) The discussion of the Coopers and Lybrand audit. (3) A discussion of the proposed Tuesday afternoon closing of Town Hall. Regarding Teron International, Mayor Sullivan referred to Attorney Sliney's Agreement Stipulation to which the Town Commission is expected to make their comments, additions, and deletions and asked Attorney Sliney for his comments. Attorney Sliney stated that he was trying to arrange a meeting with Mr. Moss (Attorney for Teron International) for next week to see if there is any further progress, from a legal point of view, prior to the December 3P1 Town Commission Workshop Meeting. The Building Official is to verify some building dimensions in the Stipulation. He explained that Paragraph 15, Page 10, of Mr. Schmidt's Stipulation was deleted because he felt the legal language was a little heavy handed and also felt an alternative could be arrived at which would still protect Teron without using all that language in regards to if Teron should get into any trouble should anyone try to come in, i.e., a third party, and upset the Stipulation---they would have the option to go back and build the 156 units (as in the Original Court Stipulation). He noted that no one has challenged the original Stipulation after five years. Teron is afraid if someone comes in and challenges this as either being "contract zoning" or something like that that they might lose the 132 and have to a go back to 80 units (present day zoning). Town Commission Recessed Special Meeting December 20, 1985 Page 2 of 8 • Commissioner Basso felt that the paragraph (15 on Page 10) should be completely eliminated. He felt this is a developer trying to tell the Town Commission what to do and that the Town Could not worry about third party problems. Commissioner Basso wanted to make sure that the Town did not extend this another five years. Commissioner Stewart stated that since Teron has owned this property many years, they have had time to solve any problems and the Town should not have to be so benevolent. Mayor Sullivan stated that this paragraph sounds like they never want to be subject to present day zoning. Attorney Sliney wanted the Commissioners ideas and thoughts on this and determined that the Commission would want a clause that if Teron can prove they were impeded, to the satisfaction of the Town Commission, Teron could then come and apply for some sort of relief. Attorney Sliney felt that Mr. Schmidt knows all the requirements of the Federal and State agencies. He felt that anything the Town negotiates prevails and if this is never built, there is~no obligation to give a refund. How to treat fees is a matter of negotiation. Teron can ask for things and so can the Town. Commissioner Basso felt that fees, as to what they should be and if any should be forfeited, should be made clear in this Stipulation. He also • felt that the old contract was voided when fees were paid in 1980. There should be a time limit to build in this Stipulation. Town Manager Hugh Williams stated that permit costs have gone up from about $200 to $800 per unit and that Teron should be given credit for what has already been paid to the. Town previously but also acknowledged that Teron will still owe the Town more money under the new figures. Original fees were not defined on the original payment. He stated he could get this new figure from the Finance Director when it is needed. It was agreed that the Settlement Stipulation date should be specific and the legal will change by 15 feet. Mayor Sullivan wanted to know the correct language for paragraph 6 (the last paragraph), "The Town Planning Board shall further review the clarified site plan to obtain information, make suggestions, or review further approvals, as required by the Planning Board." After some discussion, Attorney Sliney stated that he viewed this as a non-binding situation. Town Manager Williams reviewed what was discussed at the Planning Board Meeting he attended recently. The Planning Board said that what the Commission has, they agreed to, they signed it off, it is good,---how- ever, there may be some changes in the final design. What the Planning • Board's intent he felt was that when everything was resolved, they wanted to look at the design and be able to make suggestions, to which Teron could say whether or not they would incorporate the suggestions. Town Commission Recessed Special Meeting • December 20, 1985 Page 3 of 8 Commissioner Stewart reminded the Town Commission that the Planning Board did not approve the plan they are now working on and that if the plan should change even more, technically it should go back to the Planning Board for their approval, which would be done if it were any other project. Attorney Sliney stated that if there is a sentence that will not move it along, that it would be deleted and would be left in the Town Commission's hands and the Community Appearance Board's hands. Commissioner Basso suggested that before this Stipulation is signed, since this will have to be approved by the Court as per the Settlement Stipulation, that their architect and their Board come up with specific plans--exact plans--which they are going to build and then incorporate them in this Stipulation. Once it is approved by the Court, the Town will have to abide by it. Attorney Sliney stated that this Stipulation calls for two exhibits, A & B, one of which is a site plan. Mr. Schmidt will give the Town an updated site plan so we can then have fewer changes referred to. Commissioner Stewart offered a suggestion that the Planning Board meet at an earlier date than scheduled, on January 2 or 3, so they could make • recommendations to the Town Commission and that the Community Appearance Board meet on January 6 so they could do the same thing. Mr. Schmidt should be prepared and the plans brought before both boards to approve. She felt they should not be held in abeyance any longer, since the Town Commission meets again on January 7, 1986. At this time, Mayor Sullivan told Lowell Blum (Chairman of the Police Advisory Board) who arrived at the meeting that the Town Commission will only discuss today the three items listed on the Agends for today and--~~~ the subjects were all lengthy. Mr. Blum agreed that he would come to another Town Commission meeting to be heard. Commissioner Stewart reiterated that any changes in plans have to go back to the Boards for approvals and that it is important to follow the normal procedures, as set by the Town Commission. Commissioner Stewart stated that they should either approve or disapprove the changes in any plans. She felt both boards should hold meetings before the Town Commission meets to make recommendations and not drag the matter out any longer. Commissioner Basso was in agreement with Commissioner Stewart to avoid further delays. He would also like to know the boards reasons for any approvals and disapprovals, since they are supposed to be the experts on these things. • Commissioner Grier said that the only change made the other day was to move the building by 15 feet and wanted to know why the garage opening Town Commission Recessed Special Meeting . December 20, 1985 Page 4 of 8 changes had not yet been done. The Planning Board had sent the plans to the Town Commission after they approved them and then they subsequently rescinded their approval on some things. Vice Mayor Blosser stated that the Community Appearance Board has not approved the plans at all and that they should see these plans. When asked by Mayor Sullivan if the plans should go back to the Planning Board for either approval or only for recommendations, Attorney Sliney stated that he would like the Town Commission to see the new site plan and assumes Mr. Schmidt's company can put one out. Even if the Planning Board should dissaprove it, the Town Commission is the last to get it and has the final word. Garage openings are a C.A.B. function and each board should pass on its suggestions to the Town Commission. Attorney Sliney also stated that any delay was no fault of the Town, in reply to Lorenz Schmidts statement that he couldn't be sure they could market any plans presented in 1986. The consensus of the Town Commission was to have the revised site plan (because the 15 foot change is significant enough) reviewed by the Planning Board and the Community Appearance Board, including the hip- roof factor and with more accurate measurements, as soon as possible. • Mr. Lorenz Schmidt had three comments: (1) He had no problem with providing a revised site plan because it is on a computer. Their offices close on December 24 and are scheduled to reopen after January 1, 1986; (2) The total landscape and texture was not possible to complete. (Garage openings, which must be in relationship to the rest of the plan, will be provided but may not present the best they can do.); and (3) They are waiting for some approval by the Town Commission (before spending another $15,00 on plans) because he felt that the Town Commission and the boards come up with new changes at each meeting. Commissioner Stewart reiterated that since last spring and summer, Teron had been given suggestions and requests. She has seen many plans by developers prior to approval that were complete and with scale models (which included samples of all materials used in the plans) in the past and decisions were made with nothing left hanging or in question. All of this was not required of Teron. Commissioner Basso stated that at this point there is no hurry to approve these plans and the Town Commission must have the exact details before any approval is given and felt this could be discussed at a Commission Meeting later in January. Vice Mayor Blosser agreed that the Commission should not act in haste. The Town Commission discussed when to meet again. Mr. Schmidt was • advised by the Town Commission that the quicker the plans reach them, Town Commission Recessed Special Meeting December 20, 1985 Page 5 of 8 the sooner the Planning Board and Community Appearance Board can go over them and then be reviewed by the Town Commission at their Workshop Meeting scheduled for January 28, 1986. The Town Manager was directed to advise the Planning Board and Community Appearance Board of this. The Planning Board will beet on January 8 and the C.A.B. may wish to move their January 28 meeting to January 23. Attorney Sliney stated that the date will have to be moved up on the trial calendar. In the Stipulation Agreement, there was a question of whether the center building is a 2 or 3 story building, as on page 3. The Building Official approves the plans, according to the Town Code (to which the plans must adhere) after the plans are acted upon by the boards and the Town Commission. This wording should be included in the Stipulation, Commissioner Basso and Vice Mayor Blosser agreed. Attorney Sliney stated that the Building Official should be able to define if the building (structure) is 2 or 3 stories and also stated that the intent is to state who had to approve what. On page 3, should read that if any changes are made to the plans, plans must go back to the Planning Board and the C.A.B. In addition, except as pszovided below Town represents to Teron that no governmental or qua i-governmental bodies, other than the Town Building Official, shall be required to review or approve the building plans in order for Teron to receive all requisite Town approvals and Building Permits after this document has been agreed to and signed by the Town Commission Discussion ensued as to whether the word "building" or "structure" was correct and/or important. It was determined that "structure" was correct but "residential building" also describes the structure correctly. Commissioner Grier stated that since this was referred to as two buildings in recent discussions, the wording should be corrected. Commissioner Basso added that the since the 2 residential buildings were connected, it was all one structure. He added that on Page 4, paragraph 7-G, North and South residential buildings are specified. Mayor Sullivan stated that paragraph 7-A, 141 feet (referring to height) will have to be changed. Town Manager Williams stated that how high is up should be defined in this Stipulation. Final height was determined to be, zero mean sea parapets and hip roofs not to exceed 131 feet. Attorney Sliney stated that Paragraph 10 provides Official has to review the actual filed plans for For paragraphs A through G, the Building Official ambiguity. Thus far, he has received no negative Level to 138 feet, that the Town Building permitting purposes. will check for any feedback from him. Town Commission Recessed Special Meeting December 20, 1985 Page 6 of 8 The consensus was to put in---residential building not to exceed a certain height and parapets not to exceed a certain height, as well as any other structures in the plan, since what we are expecting to get is a clarified site-plan. If the building is being moved, new setbacks should be named, including side setbacks. In Paragraph D, aperture will be cut down, which will change the amount of parking spaces. Lorenz Schmidt stated there are now 258 spaces, but moving 15 feet to South will cost 8 spaces, leaving 250 total. After all changes are made, it will leave less than 2 parking spaces per unit. (The new Code requires 2 spaces, but this is under the old Code.) According to Town Code, one fourth (25%) of parking spaces must be guest spaces and the Town Commission would like to make sure it stays this way. Each unit is entitled to a minimum of one space. Town Manager Williams added that the Zoning Code defines parking spaces. The consensus of the Town Commission was to use the 10 feet by 20 feet size in the Code, for the parking space size. • Commissioner Stewart pointed out that the Agreement takes precedence over the Code. Setbacks were further discussed. Front yard setback will be 20 feet, as per Code. All other setbacks will be according to Code and side yard setbacks shall be specified as they will exist at the North and South ends. Town Manager Williams stated that the narrative of the Stipulation shall follow the plan. The plan calls for a maximum width of the structure excluding the entrance lobby pavillion projection to be 72 feet. This is shown in the plan. There will be no projections and no indentations. Commissioner Stewart stated that a projection or a canopy cannot be built on a setback. This subject will be put on hold and discussed later for further clarification. Commissioner Grier questioned a blank space on Page 4, Paragraph F, "excluding the entrance lobby pavillion, projections at the first and second stories may not exceed feet." He felt this figure should be filled in. Commissioner Stewart stated that this matter was discussed with the Town Attorney earlier and that it should show on the basic site plan. • Town Commission Recessed Special Meeting December 20, 1985 Page 8 of 8 Commissioner Basso wanted to building plans, submitted to any other provisions of this why he wants completed plans will be final. include the following: "Final permitted and approved by the Town shall control over clarified Settlement Stipulation" which is submitted to the Town Commission since they Attorney Sliney added that these planns will be submitted in due process and it will be up to the Building Department to make sure they are right. When the permit is issued, that will be it. Commissioner Stewart explained that these clarified plans will include many details we have not yet seen here which is what Attorney Sliney is referring to. Town Manager Williams said that the word "working" should be added to permitted plans. The Teron Internation ended with the above paragraph and Mayor Sullivan stated that it would be further discussed at the December 30, 1985 Workshop Meeting. Item No.2 (on today's Agenda), the Preliminary Audit Report was tabled and will be discussed at another meeting of the Town Commission. Item No. 3 (on today's Agenda), Discussion re December 24 (Christmas ~r~';r.~, Eve), 1985 holiday was discussed. The consensus of the Town Commission '' -j ~A~ was to let Town Mannager Williams make the final decision and his ~ -` decision was that Town Hall would not be closed and that all employees ~, t would work until 4:30 p.m. as usual. ~ There being no further business to discuss at this Recessed Special Meeting'of the Town Commission, MOTION was made by Commissioner Basso/ Commissioner Grier to adjourn the meeti~ at 12: 10~p-,gyn. All voted AYE. APPROVED: Edwa`rc~ Jy/'~.~ Sul /T~ ian, Mayor Mary L'buAse~.G: Blosser,Vice Mayor J~hn/,~/._ Basso, Coityxjl.ssioner ~. ~ William A. Grier ommissioner Beth Jean Stewart, Commissioner • EST: T CL R DATE: