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HomeMy WebLinkAboutMinutes_Miscellaneous_12/05/1995_Public Works Committee c y' '�fA VILLAGE OF TEQUESTA ; , , Post Office Box 3273 • 357 Tequesta Drive �' Tequesta, Florida 33469-0273 • (407) 575-6200 J. t ' � � Fa1c: (407) 575-6203 ; o A 4 f ��H COUN PUBLIC WORKS COMMITTEE MEETING MINUTES DECEMBER 5, 1995 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Public Works Committee held a regularl� 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 Thoma.s 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 therefora passed and adopted and the Agenda was approved as submitted. III. REVIEW DRAFT ORDINANCE AUTHORIZING THE CREATION OF SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS Kr�n/clt�d Paper Public Works Committee Meeting Minutes Deaember 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 an Tequesta �rive and Country Club Drive. The Task Farce 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 sub�tan�e. This Planning Ordinance would lay the groundwork for creation of Safe Neighborhaod 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 �he Village Council power to create a Safe Neighborhood Dist�ict by Ordinance. Subsection 508: Provides the option for creating a Safe Neighborhood Dist�ict by creation of a new Property Ow�ers �ssociation or by piggybac�ing onto an existing PQA. 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 sin�e Tequesta does not have a Com�.unity Redevelopment Agency. Village Manager Bradford advised the Committee that if they wished to move forward with the recommendation of the Task Foxce 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 �elt the ti�ing outline was aggressive. Co-Chair Burckart comrnented 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 wou.ld be used as a means to close Country Club Drive, and if sa, what the boundaries would be and how it would be funded. Co-Chair Burckart expressed concern w.�th the option of the Village Council establishing a Safe N�ighborhood District since they might be forcing it on peaple who did not want it, and stated that the district possibly should be made up of only people whose property fronted on Country Club prive 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 C1ub Drive, but did not believe it wnuld work because he felt that Mar�in County would not cooperate. Village Manager Bradford explained th.at he had written the Ordinan�e sa 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 l�ist�ict that ad valorem taxes could be irnposed up to 2 mills annually above the Village's cap; and that a Planning Ordinance did not have to contain all four optians, but could be limited, for example, to the option offered un:der subsection 511; an approval of the voters through r�ferendum called by the Village Council or by 44� of the electors of the proposed distric� petitioning for the referendum. This would en.sure tha� the people wanted it. In response to questions by Dattie Camgbell, Village Manager Bradford verified that the additional tax would be paid only b� those within the d�strict, and that if you lived in the district and were opposed to it that you would sti11 have to �aay the tax. Village Manager Bradford explained tha� the 'Village wauld st�.11 maintain the road for the benefit of al1 the people. Co-Chair Burckart stated that the district must be estabiished with same kind of head count, such as a direct letter mailout. Gary Collins comm:ented that formulation of any specific district o.� bpundaries had been deliberately omitted from the Task Force report; tha� the or�ly function of some Public Works Committee Meeting 1�+l.i.nutes December 5, 1995 Page 4 districts had been to ailow stop signs; and that a Safe Neighborhood District would provids la`titude to act in numerous ways, Mr. Collins explained that with a Planning Ordinance in place tha� �.f a group of people decided �hey wanted to form their own district at a iater 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 easie�' down the line and would show that Tequesta was serious about making changes regardin,g 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 bptions offered by the Task Force mu�t 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 a].l area municipalities were taking action to lessen traffic in th�ir comm.unities except Tequesta, that they al1 took Tequesta for granted, and that they did not think Tequesta would do anything. Co-Chair Burckart stated that the Committee had made tne . decision that the level af 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 unan.swered 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 qu:estioned 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 Count�y 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 Pu�lic Works Cornmittee Meetinq Minutes December 5, 1995 Fage 5 had been closed that Seabrook traffic had been reduced. Village Manager Bradford explained that a Safe Neighborhaad District possessed taxing and assessment power; and that it must have the money to pay for whatever it did. A Safe Neighborhood District wauld have the power ta make that district safer, and traffic has been shown to be a de�errent to the quality of life in a neighborhood. The Board can be elected from people who reside in a district. If the Vill.age Council wanted to be the Board then they would need to establish an advisory board of people within the district. The Village Manager e�plained that a Safe Neighborhood District is a separate entity with special powers to address traffa.c, and as an example mentioned the stop signs whieh had been placed along Poinsettia Avenue in West Palm Beach; and that the peaple within a district would decide what they wanted to da 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 al1 of the other options to reduce traffic should faii; and that attempting ta close that road would invalve a long, drawn-out legal battle that might take 5 years or longer to �esalve. Mr. Collins recommended going back ta 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 nQt 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 �o do something to help maintain the character and integrity of the town. Peggy Virhoven asked whether Martin County Commissioner Janet Get�zg had come to T�questa to discuss the traffic problems. Chair Schauer responded that she had not contacted anyone. Village Manager Bradfard commented that he had attended a mEe'ting 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 Dece�ber 5, 1995 Paqe 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 hammex. Ms. Virhoven expressed concern that many people might not wa�t to be under the umbrella of a Planning Ordinance. In response to Chair Schauer, Village Manager Bradford stated that the unincorporated areas wouid probably not be covered under the ordinance. Chair Schauer commented that wherever re�idents 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 poli�e officer then only the people within that district wouid 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 di�trict 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 �hy an existing Homeowners Association would wan� to allow piggybacking bnto their associatian for a Safe Neighborhood District to be established. Viilage Manager Bradford explained that would apply if those associations wanted to be a part of a Safe Neighborhood District; howev�r, the Village would probably not want that to be an option; and it was more likely that people w�thin a small. area would wish to form a district implemented through a referendum. Mr. Collins stated that he w�.s President of Tequesta Country Club Association and that their board was not in favor of Public Works Committee Mee�ing Minutes December 5, 1995 Page 7 ---------------------- closing Country Club Drive and had no intention of becaming 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. Go-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 Forc� 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 Bu.rckart'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 F'orce report and make recommendations to the Council at their n��t meeting. Wade Griest commented that the issue of Country C1ub Drive affected a very small percentage of �he 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. Gries� 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 Plannin� Ordinance. Mr. Griest sta�ed 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 Warks Committee Meeting Minutes December 5, 1995 Page 8 ---------------------- Drive, but about the whole Village of Tequesta. Mx. Treacy stated that in ten years traffic would be so heavy on Tequesta Drive that a person wouid not be able to cross; and that Martin County would n�t cooperate and did not care what happened in Tequesta. Mr. Treacy s�ated that the value of homes on Tequesta Drive �ould drop in value, and the same thing would happen on Country Club Drive, and that the type of people would purchase thos� homes should be cons�dered. Mr. Treacy stated that the question was the whole Village, and pointed out that traf�ic had nearly doubled this year over what it was the year before, and �rged everyone to think about what was going to happen to the Village, stating that traffic wo�ld destroy i�. 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. N. REFTIEW OF DRAFT ORDINANCE AMENDTN� SETBACEt MEASt3REMENTS ON COUNTRY CLUB DRIVE Village Manager Bradford stated that this was a continuation of action taken an Country Club Drive to restrict the right- of 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 �a the road or to add additional landscaping closer ta the roadway edge. Chair Schauer commented tha� this matter had been discussed by �he Vil,lage Council and ever�rone had been in favor. Co-Chair Burckart questioned whether the Vil�age possessed a survey of Country C1ub Drive which showed where the pavement was located within the right-of-way. Ir� other wards, whether the center line of the pavement followed the center line of the right-of-way, or whether thi� would allow infringernent on the s�.dewalk. Village Manager Bradford explained as an exam.ple that a resident who wan.ted ta 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 �he 80-foot right-of-way. Co-Chair Burckart expressed concern that this ordinance might al1Qw someane 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-Chai� Burckart requested research to determine the number of f�et 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 p�esented, 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 �ess than 25 feet f�om 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 a�cessory structures, add landscaping, Qr 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-af-way because there were 15 feet in the restrictive easement. Public Works Committee Meeting Minutes D2Cember 5� 1995 Page 1� Village Manager Bradford addressed the question of wa11s and hedges, and explained that this ordinance would allow a wall to be placed at the property line nat 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 FRQM 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 leng�hy discussion, Ms. Virhoven was requested to consult the Village Manager's office during office hours regarding this matter, since it did n.ot fall under the purview of the Public Works Committee, VII. ADJOUI�NMENT Co-Chair Burekart 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 motian 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 ---------------------- ,�. , �a� :�4 , ., Respectfully submitted, . �: :��=� : � '"� � _. 4 --,— � / � r � � ., � �-� ; f CC�t� �_�'�.f 7 1�' ..�/ �, �� `, � r/ �� � �,-� l�F� � �' j � . -* , Betty Laur Recording Secretary ATTEST: C�-- ..� � ._..00_� oann Mangan l llo Village Clerk DATE APPROVED: o, n ���, i .��p y y,