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HomeMy WebLinkAboutDocumentation_Regular_Tab 7A_1/11/1996 z • A VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tcquesta Drive Tcquesta,Florida 33469-0273 • (407) 575-6200 Fax: (407)575-6203 /C4 cOUMI+ PUBLIC WORKS COMMITTEE MEETING MINUTES DECEMBER 5, 1995 I . CALL TO ORDER AND ROLL CALL The Village of Tequesta Public Works Committee held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Tuesday, December 5, 1995. The meeting was called to order at 4 : 38 P.M. by Chair Elizabeth Schauer. A roll call was taken by Betty Laur, the Recording Secretary. Committee members present were: Chair Elizabeth Schauer and Co-Chair Burckart William E. Burckart. Also in attendance were Village Manager Thomas G. Bradford, and Village Clerk Joann Manganiello. II . APPROVAL OF AGENDA Co-Chair Burckart moved that the Agenda be approved as submitted. Chair Schauer seconded the motion. The vote on the motion was: Elizabeth Schauer - for William E. Burckart - for The motion was therefore passed and adopted and the Agenda was approved as submitted. III. REVIEW DRAFT ORDINANCE AUTHORIZING THE CREATION OF SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS • Recycled Paper Public Works Committee Meeting Minutes December 5, . 1995 Page 2 Village Manager Bradford explained that the Country Club Drive Task Force had completed their work, which had resulted in 14 recommendations regarding traffic, focusing on Tequesta Drive and Country Club Drive. The Task Force recommended adoption of a Planning Ordinance allowing creation of Safe Neighborhood Districts no later than January, 1996. Subsequently, the Village Manager had put together a Planning Ordinance which had been approved by Village Attorney Randolph as to form and substance. This Planning Ordinance would lay the groundwork for creation of Safe Neighborhood Districts, but would not create them. The Village Manager explained that Section 2 of the Ordinance refers to Chapter 163 of Florida Statutes, and lists four subsections which contain methods for establishment. Subsection 506: Grants the Village Council power to create a Safe Neighborhood District by Ordinance. Subsection 508: Provides the option for creating a Safe Neighborhood District by creation of a new Property Owners Association or by piggybacking onto an existing POA. Subsection 511 : Provides for creation of a Safe Neighborhood District through adoption of an Ordinance subject to voter approval through referendum. Subsection 512 : Allows creation of Safe Neighborhood Districts through creation or piggybacking a Community Redevelopment Agency, which would not apply since Tequesta does not have a Community Redevelopment Agency. Village Manager Bradford advised the Committee that if they wished to move forward with the recommendation of the Task Force that the Village Council would need to adopt the Planning Ordinance on first reading at the December 14, 1995 Village Council meeting. Second reading could then occur at the January Village Council meeting, and the time frame recommended by the Task Force would be met. Co-Chair Burckart commented that the Task Force report was well done and that some type of formal action should be taken regarding the report; however, he felt the timing outline was aggressive. Co-Chair Burckart commented that the Village Council had directed the Public Works Committee to review the Task Force Report and make a decision regarding which items should be implemented, which he believed should be done rather than adopting an ordinance. Co-Chair Burckart commented that a decision should be made • Public Works Committee Meeting Minutes December 5, 1995 Page 3 regarding whether a Safe Neighborhood District would be used as a means to close Country Club Drive, and if so, what the boundaries would be and how it would be funded. Co-Chair Burckart expressed concern with the option of the Village Council establishing a Safe Neighborhood District since they might be forcing it on people who did not want it, and stated that the district possibly should be made up of only people whose property fronted on Country Club Drive or who were in the Country Club Community, etc. , and that it was important to identify who would be involved. Co-Chair Burckart favored the one-way traffic proposal for Country Club Drive, but did not believe it would work because he felt that Martin County would not cooperate. Village Manager Bradford explained that he had written the Ordinance so that it would allow the four options available, and that in each case, before an option could take place the Planning Ordinance must be adopted. After adoption of the Ordinance, then specifics such as district size, etc. could be determined. Village Manager Bradford also commented that within a Safe Neighborhood District that ad valorem taxes could be imposed up to 2 mills annually above the Village' s cap; and that a Planning Ordinance did not have to contain all four options, but could be limited, for example, to the option offered under subsection 511 : an approval of the voters through referendum called by the Village Council or by 40% of the electors of the proposed district petitioning for the referendum. This would ensure that the people wanted it. In response to questions by Dottie Campbell, Village Manager Bradford verified that the additional tax would be paid only by those within the district, and that if you lived in the district and were opposed to it that you would still have to pay the tax. Village Manager Bradford explained that the Village would still maintain the road for the benefit of all the people. Co-Chair Burckart stated that the district must be established with some kind of head count, such as a direct letter mailout. Gary Collins commented that formulation of any specific district or boundaries had been deliberately omitted from the Task Force report; that the only function of some Public Works Committee Meeting Minutes December 5, 1995 Page 4 districts had been to allow stop signs; and that a Safe Neighborhood District would provide latitude to act in numerous ways. Mr. Collins explained that with a Planning Ordinance in place that if a group of people decided they wanted to form their own district at a later date they could petition the Village Council to establish a Safe Neighborhood District for them. Mr. Collins commented that the Planning Ordinance would only establish an umbrella to make things easier down the line and would show that Tequesta was serious about making changes regarding traffic. Mr. Collins referred to traffic statistics which indicated rapid growth over the next few years, and stated that if those numbers were unacceptable, then the options offered by the Task Force must be considered. Mr. Collins reported that the Task Force had considered events going back as far as twenty years ago when the Connector Road had been closed, and pointed out that all area municipalities were taking action to lessen traffic in their communities except Tequesta, that they all took Tequesta for granted, and that they did not think Tequesta would do anything. Co-Chair Burckart stated that the Committee had made the decision that the level of traffic was unacceptable. Dottie Campbell questioned what would happen if a Safe Neighborhood District closed a road which all Village taxpayers had maintained for years. Village Manager Bradford explained that creation of a Safe Neighborhood District did not mean that a road would be closed and did not mean that the power would exist to close Country Club Drive, since there was still an unanswered question as to whether an urban collector road could be closed; however, under a Safe Neighborhood District there would be a greater likelihood that it could' be closed. Betty Nagy questioned whether Seabrook Road and Country Club Drive were in the same classification to remain two lanes. Village Manager Bradford explained that the two were classified the same in the Comprehensive Plan, but the restrictive easement only applied to Country Club Drive because changes were anticipated from JTJC to the intersection for drainage, and that Seabrook was still two lanes. Mr. Collins pointed out that when Country Club Drive Public Works Committee Meeting Minutes December 5, 1995 Page 5 had been closed that Seabrook traffic had been reduced. Village Manager Bradford explained that a Safe Neighborhood District possessed taxing and assessment power; and that it must have the money to pay for whatever it did. A Safe Neighborhood District would have the power to make that district safer, and traffic has been shown to be a deterrent to the quality of life in a neighborhood. The Board can be elected from people who reside in a district. If the Village Council wanted to be the Board then they would need to establish an advisory board of people within the district. The Village Manager explained that a Safe Neighborhood District is a separate entity with special powers to address traffic, and as an example mentioned the stop signs which had been placed along Poinsettia Avenue in West Palm Beach; and that the people within a district would decide what they wanted to do to address traffic, for example whether to close a road. Gary Collins pointed out that the Task Force had only recommended closing Country Club Drive as a last resort, if all of the other options to reduce traffic should fail; and that attempting to close that road would involve a long, drawn-out legal battle that might take 5 years or longer to resolve. Mr. Collins recommended going back to other suggested options, such as stop signs and speed humps; and stated that if the premise that the traffic was unacceptable had been accepted then options must be decided upon and traffic numbers should be the focus. Ms. Campbell favored not closing Country Club Drive. Mr. Treacy reminded her that she had previously been in favor of closing it. Village Manager Bradford commented that concerned citizens could try to do something to help maintain the character and integrity of the town. Peggy Virhoven asked whether Martin County Commissioner Janet Gettig had come to Tequesta to discuss the traffic problems. Chair Schauer responded that she had not contacted anyone. Village Manager Bradford commented that he had attended a meeting with Commissioner Gettig and Mayor Mackail had recommended that she come to this Committee meeting. She had said she would think about it and had Public Works Committee Meeting Minutes December 5, 1995 Page 6 asked if Tequesta would be interested in letting the Task Force members meet with her Task Force members; however, she had not called or written about it. Ms. Virhoven questioned whether there was any way to gain Martin County' s cooperation, to which Village Manager Bradford responded that adoption of a Planning Ordinance could be the hammer. Ms . Virhoven expressed concern that many people might not want to be under the umbrella of a Planning Ordinance. In response to Chair Schauer, Village Manager Bradford stated that the unincorporated areas would probably not be covered under the ordinance. Chair Schauer commented that wherever residents decided to establish a Safe Neighborhood District that the increased taxes would be within that district; and pointed out that if people along Country Club Drive decided to form a district and then to hire their own police officer then only the people within that district would be assessed to pay that police officer' s salary; or if they decided to build a wall on both sides of the road, only those people within that district would pay for and maintain the wall . Further discussion included comments that if there were lawsuits they would be the responsibility of the district; that if Martin County decided to cooperate they could contract with the district; and that only the residents within a district would be responsible for and would pay additional taxes and/or assessments to support actions of the district which might include hiring an additional police officer, berming, walls, stop signs, etc. Ms. Virhoven questioned why an existing Homeowners Association would want to allow piggybacking onto their association for a Safe Neighborhood District to be established. Village Manager Bradford explained that would apply if those associations wanted to be a part of a Safe Neighborhood District; however, the Village would probably not want that to be an option; and it was more likely that people within a small area would wish to form a district implemented through a referendum. Mr. Collins stated that he was President of Tequesta Country Club Association and that their board was not in favor of Public Works Committee Meeting Minutes December 5, 1995 Page 7 closing Country Club Drive and had no intention of becoming involved in a Safe Neighborhood District. Mr. Hall inquired what was the purpose of a district, to which Village Manager Bradford responded that it gave people affected by any situation additional powers to deal with that situation. Co-Chair Burckart requested research to determine whether establishment of a Safe Neighborhood District required a change to the Comprehensive Plan, and whether the Planning Ordinance could limit the number of property owners within a Safe Neighborhood District. Co-Chair Burckart stated assuming those answers were satisfactory that he recommended taking this before the Village Council . Chair Schauer pointed out that after the Village Council had met with the Task Force they had never sat down to look at all of the recommendations from the Task Force, and that this should be brought before the whole Village Council to hear the other Councilmembers' comments. Village Manager Bradford stated he would have to obtain the answers to the Co-Chair Burckart' s questions from the Village Attorney. Co-Chair Burckart suggested that this matter be brought up for discussion and the Village Council asked if they would like to go through the Task Force report and make recommendations to the Council at their next meeting. Wade Griest commented that the issue of Country Club Drive affected a very small percentage of the total population and had been under discussion for at least five years, and no matter what move was made it would be very expensive. Mr. Griest stated that most residents thought things should be left the way they were, and questioned whether this could be done without an Ordinance. Village Manager Bradford responded that neither the Village nor any group of people could do his without adoption of a Safe Neighborhood District Planning Ordinance. Mr. Griest stated it was another issue to divide the Village, and that businessmen would take a position against it because people would not go to their stores. Bill Treacy explained that this was not about Country Club Public Works Committee Meeting Minutes December 5, 1995 Page 8 Drive, but about the whole Village of Tequesta. Mr. Treacy stated that in ten years traffic would be so heavy on Tequesta Drive that a person would not be able to cross; and that Martin County would not cooperate and did not care what happened in Tequesta. Mr. Treacy stated that the value of homes on Tequesta Drive would drop in value, and the same thing would happen on Country Club Drive, and that the type of people would purchase those homes should be considered. Mr. Treacy stated that the question was the whole Village, and pointed out that traffic had nearly doubled this year over what it was the year before, and urged everyone to think about what was going to happen to the Village, stating that traffic would destroy it. Village Manager Bradford responded to Chair Schauer that he would discuss the answers to Co-Chair Burckart' s questions at the December 14 Village Council meeting. IV. REVIEW OF DRAFT ORDINANCE AMENDING SETBACK MEASUREMENTS ON COUNTRY CLUB DRIVE Village Manager Bradford stated that this was a continuation of action taken on Country Club Drive to restrict the right- of-way, and that the next step was to establish the measurement of setbacks from the pavement instead of the from the right-of-way. This would allow placement of accessory structures and provide an option to build closer to the road or to add additional landscaping closer to the roadway edge. Chair Schauer commented that this matter had been discussed by the Village Council and everyone had been in favor. Co-Chair Burckart questioned whether the Village possessed a survey of , Country Club Drive which showed where the pavement was located within the right-of-way. In other words, whether the center line of the pavement followed the center line of the right-of-way, or whether this would allow infringement on the sidewalk. Village Manager Bradford explained as an example that a resident who wanted to build an addition onto their home would have to bring a survey to the Building Official to show his property and the right-of- Public Works Committee Meeting Minutes December 5, 1995 Page 9 way to assure that the building would be properly placed; and that this would not allow anyone adjacent to the roadway to put anything in the 80-foot right-of-way. Co-Chair Burckart expressed concern that this ordinance might allow someone to build too close to the road, and suggested language to the effect that in no event can you get closer than "x" feet of the pavement before you can place a structure. Village Manager Bradford explained that Country Club Drive has an 80-foot right-of-way with 15 feet restrictive easement on each side, leaving 50 feet; that the two lanes took 22 feet, so that 28 feet was left for unpaved area. Co-Chair Burckart stated that the setback should be measured from the 50-foot line, not the pavement, in case the road did not exactly center on the right-of-way line. Village Manager Bradford stated that the check and balance was that the Village was protected since the Building Official must be shown that a proposed structure met setback requirements . Co-Chair Burckart requested research to determine the number of feet off the pavement, not off the right-of-way. Village Manager Bradford commented that walls would be allowed. Village Manager Bradford recommended that this Ordinance proceed forward as presented, and that he would confer with the Village Attorney regarding finding a way to address Co- Chair Burckart's concerns between first and second reading; and verified that in no case would Co-Chair Burckart want a structure to be less than 25 feet from the edge of the roadway pavement. Wade Griest questioned the purpose of the change in setback. Village Manager Bradford responded that this would give residents adjacent to Country Club Drive power to build accessory structures, add landscaping, or tear down and rebuild existing structures; and that now the front face of a building could be no closer than 25 feet from the edge of the right-of-way while this would allow it to be 10 feet from the edge of the right-of-way because there were 15 feet in the restrictive easement. Public Works Committee Meeting Minutes December 5, 1995 Page 10 • Village Manager Bradford addressed the question of walls and hedges, and explained that this ordinance would allow a wall to be placed at the property line not to exceed five feet in height; that a fence would be allowed only if associated with an accessory structure, and that the fence must be landscaped with a living hedge 6-10 feet in height. • V. ANY OTHER MATTERS There were no other matters to be brought before the Committee. VI. COMMUNICATIONS FROM CITIZENS • Peggy Virhoven questioned the .procedure for keeping the , Village Code books current, and it was explained that once each year changes to the prior code were sent to a Tallahassee company to be codified into a supplement which could then be incorporated into existing books to bring them up-to-date. After lengthy discussion, Ms . Virhoven was requested to consult the Village Manager' s office during office hours regarding this matter, since it did not fall under the purview of the Public Works Committee. VII. ADJOURNMENT Co-Chair Burckart moved that the meeting be adjourned. Chair Schauer seconded the motion. The vote on the motion was: Elizabeth Schauer - for William E. Burckart - for the motion was therefore passed and adopted and the meeting was adjourned at 6:04 P.M. Public Works Committee Meeting Minutes December 5, 1995 Page 11 Respectfully submitted, 41--Z5L, „;1E4.X.A._,// Betty Laur Recording Secretary ATTEST: • Jbann Mangan llo Village Clerk DATE APPROVED: A /ffS'