HomeMy WebLinkAbout03171982REGULAR COUNCIL MEETING - MARCH 17, 1982
REGULAR COUNCIL MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR. AT 7:00 P.M.
PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD
VOTAPKA, COUNCILMAN GEORGE SCHUM, CITY ATTORNEY DANIEL KILBRIDE AND MAYOR PAT FLOOD, JR.
VICE MAYOR GASS REPORTED THAT THE NEW STYLE STREET LIGHT HAD BEEN INSTALLED AT
KILDARE DRIVE AND AFTER HE CHECKS THE AMOUNT OF I~ ILLUMINATION, HE WILL GO AHEAD
AND HAVE THE OTHERS INSTALLED.
COUNCILMAN OBERBECK REPORTED THAT THE 4TH OF JULY COMMITTEE WOULD LIKE PERMISSION
TO GO AHEAD AND PURCHASE A $25.00 BOND TO BE GIVEN AS A GIFT TO THE PERSON WHO
RE-NAMES THE CURRENT BURR PARK PROPERTY. THE COMMITTEE WILL DEDICATE THE
PROPERTY AT THE 4TH OF JULY CEREMONY. HE ALSO REPORTED THAT THE RESPONSE FROM
THE PUBLIC HAS BEEN EXCELLENT IN PREPARING THE 4TH OF JULY FESTIVAL.
AFTER A VERY LENGTHY DISCUSSION REGARDING ROSELAND ACRES SUBDIVISION, ATTORNEY
KILBRI~E STATED THAT HE NEEDED ADDITIONAL TIME TO REVIEW THE REVISED FINAL PLAT,
SINCE HE HAD JUST RECEIVED IT. AFTER GLANCING OVER IT QUICKLY HE DID FEEL THAT
THE CERTIFICATE OF DEDICATION DID NOT MEET LEGAL REQUIREMENTS AND THE HOMEOWNER'S
ASSOCIATION MENTIONED NEEDED TO BE OFFICIALLY NAMED BE~RE THE PLAT COULD BE
RECORDED.
MAYOR FLOOD RECOMMENDED THAT THE ATTORNEYS AND ENGINEERS GET TOGETHER TO PREPARE
ALL OF THE PROPER LANGUAGE ON THE PLAT AND THAT A SPECIAL MEETING WOULD BE HELD
ON MARCH 24, 1982, AT CITY HAL~ 7~..O~PL~,~EVIEW THE CORRECTIONS.
AFTER A BRIEF DISCUSSION REGARQING THE PR~VATE\AC/SESS ROAD IN ROSELAND ACRES
SUBDIVISION, ATTORNEY KILBRIDE ~.X~A_NED TEAT T~ NATURE OF THE SIX LOTS AND
~ FDA WAIVER FROM THE CITY'S
THE PROXIMITY TO FELLSMERE ROA LD QUALIFY
SUBDIVISION ORDINANCE. -- --
MOTION BY COUNCILMAN VOTAPKA, THaT W/E~-~V~ ACCESS ROAD IN ROSELAND ACRES
SUBDIVISION SERVING LOTS 1 TO 6 WIT~ ~¥~ IN~ OF ASPHALT, 6 INCHES OF LIME
ROCK WITH A SUB-GRADE IN ACCORDANCE WiTH TH~CITY'S SUBDIVISION ORDINANCE.
[" MOTION DIED FOR LACK OF SECOND.
MOTION BY VICE MAYOR GASS, SECONDED~_~OU~ILMAN SCHUM, THAT WE ACCEPT THE ROAD
ROLL CALL VOTE:
AYES:
VICE MAYOR GASS
COUNCILMAN OBERBECK
COUNCILMAN SCHUM
MAYOR FLOOD
NAYS:
COUNCILMAN VOTAPKA
CARRIED.
MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, TO BRING TO THE FLOOR
A DISCUSSION REGARDING AN ABANDONMENT OF EASEMENT PRESENTED BY MR. COLLINS.
MR. GEORGE COLLINS, ATTORNEY, EXPLAINED THAT HIS CLIENT, MR. SCHLITT, REAL ESTATE
BROKER, REQUESTED THAT THE RIGHT-OF-WAY BETWEEN LOTS 53 AND 54 IN THE WAUREGAN
SUBDIVISION BE VACATED.
ATTORNEY KILBRIDE REMARKED THAT SINCE THIS WAS AN ABANDONMENT OF A RIGHT-OF-WAY,
THAT HE PREPARED AN ORDINANCE FOR THIS PARTICULAR PIECE OF PROPERTY.
ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE VACATING,
ABOLISHING AND ABANDONING THE RIGHT-OF-WAY LOCATED BETWEEN LOTS 53 AND 54, WAUREGAN
SUBDIVISION, LYING BETWEEN WAUREGAN ~VENUE AND THE FLORIDA EAST COAST RIGHT-OF-WAY;
PROVIDING AN EFFECTIVE DATE.
MOTION BY ViCE MAYOR GASS, SECONDED BY COUNCILMAN SCHUM, TO ACCEPT THE FIRST READING
BY TITLE ONLY OF AN ORDINANCE VACATING, ABOLISHING, ABANDONING THE RIGHT-OF-WAY
LOCATED BETWEEN LOTS 53 AND 54, WAUREGAN SUBDIVISION, LYING BETWEEN WAUREGAN
AVENUE AND THE FLORIDA EAST COAST RIGHT-OF-WAY; PROVIDING AN EFFECTIVE DATE.
ROLL CALL VOTE:
AYES:
NAYS:
VICE MAYOR GASS
COUNCILMAN OBERBECK
COUNCILMAN VOTAPKA
COUNCILMAN SCHUM
MAYOR FLOOD
NONE CARRIED,
REGULAR COUNCIL MEETING - MARCH 17, 1982
MAYOR FLOOD ANNOUNCED THAT A PUBLIC HEARING WOULD BE SCHEDULED FOR APRIL 7, 1982,
PRIOR TO THE WORKSHOP MEETING.
MAYOR FLOOD ANNOUNCED THAT THE SURVEY FOR THE SATELLITE FIRE STATION WOULD BE PRE-
SENTED AT THE WORKSHOP MEETING, APRIL 7, 1982, AND PLACED ON THE AGENDA FOR THE
REGULAR COUNCIL MEETING, APRIL 12, 1982.
MAYOR FLOOD REPORTED THAT AFTER MEETING WITH GENERAL DEVELOPMENT CORPORATION RE-
GARDING THE BICYCLE PATH, THEIR PROPOSAL WAS TO USE 6 INCHES OF SOIL~CEMENT,
3/4 INCH OF ASPHALT AND TO START THE BICYELE PATH AT BEACH LANE, ON THE EAST
SIDE OF SCHUMANN DRIVE, DOWN TO THE SEBASTIAN ELEMENTARY SCHOOL.
MOTION BY COUNCILMAN SCHUM, SECONDED BY COUNCILMAN OBERBECK, THAT WE APPROVE THE
BICYCLE PATH AS PUT FORTH.
COUNCILMAN OBERBECK WITHDREW HIS SECOND, MOTION WITHDRAWN BY COUNCILMAN SCHUM.
MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, THAT WE ACCEPT GENERAL
DEVELOPMENTS OFFER TO PAVE THE BICYCLE PATH FROM BEACH LANE ON THE EAST SIDE OF
SCHUMANN DRIVE DOWN TO THE SEBASTIAN ELEMENTARY SCHOOL WITH A 6 INCH SOIL~CEMENT
BASE COURSE, TO BE A MINIMUM OF 6 FEET 8 INCHES WIDE, HAVING A .WEARING SURFAC'E
OF 1" ASPHALT TO BE A MINIMUM OF 6 FEET WIDE.
ROLL CALL VOTE:
VICE MAY SS
COUNCILMAN OBERBECK
COUNCILMAN~TAPXA
COUNCILM~HUM
MAYOR FLOOU -- ~
NAYS:
MAYOR FLOOD INSTRUCTED THE CITY CLERK PO SE A LETTER TO GENERAL DEVELOPMENT
CORPORATION, INFORMING THEM OF THE MOF]O,V Ti~ACCEPT THE BIKE PATH AND THE MOTION
TO ACCEPT THE PLANS FOR THE CONTROL ~S~ARUpTU~E ON LAKE SCHUMANN DRIVE SO THEY CAN
MOTION BY COUNCII~H~N ';OT~IP~SECON-D~D BY,--~3OUN~2-r-Z-~AN--SCHZZ~_ T~A.T~'E TURN THE NAMING
MR. HOLDER EXPLAINED THAT THE PROPOSED ROAD FOR MARTIN LANE IN MARTIN SUBDIVISION
IS NOT BEING CONSTRUCTED ACCORDING TO THE PLANS. HE REMARKED THAT HIS MAIN CONCERN
IS THE FLOW OF TRAFFIC, ELEVATION AND THE WIDTH OF THE STREET. NEAR TWO LARGE OAK
TREES AT THE EAST END.
AFTER A BRIEF DISCUSSION REGARDING THE PROPOSED PLAN FOR MARTIN LANE, COUNCILMAN
OBERBECK MENTIONED THAT HE LOOKED AT THE AREA AND FEELS AN ERROR HAS BEEN MADE IN
LOCATION AND RECOMMENDED THAT THE ENGINEER CHECK IT FURTHER.
MR. MCQUEEN STATED THAT HE WOULD GO OUT TO THE SITE TO SEE WHAT IS BEING DONE.
MAYOR FLOOD STATED THAT HE WOULD REPORT BACK TO MR. HOLDER.
MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT WE BRING TO THE
FLOOR A DISCUSSION REGARDING THE PETITION THAT WAS PASSED AT THE MARCH 9, 1982,
ELECTION. CARRIED,
MAYOR FLOOD EXPLAINED THAT THE MAYOR'S POSITION IS A SALARIED POSITION AND SINCE
THE PETITION HAS BEEN PASSED TO DECREASE THE MAYOR'S SALARY, HE REMARKED THAT HE
WILL BE PAID LESS THAN THE MINIMUM WAGE REQUIREMENT, HE FEELS IT IS UNCONSTITUTIONAL
AND THAT THE CITY ATTORNEY SHOULD INVESTIGATE IT FURTHER.
AFTER A BRIEF DISCUSSION REGARDING THE PETITION, COUNCILMAN OBERBECK STATED THAT HE
COULD NOT ACCEPT THE WAY THE PETITION WAS ORIGINALLY PRESENTED. HE FELT IT WAS
UNJUST TO ANSWER THE FOUR.QUESTIONS ON THE PETITION WITH ONE ANSWER.
ATTORNEY KILBRIDE STATED THAT THE COUNCIL DOES HAVE THE RIGHT TO REQUEST HIM TO
LOOK INTO THE CONTENTS OF THE PETITION TO DETERMINE WHETHER HE FEELS IT WOULD BE
LEGAL AND CONSTITUTIONAL.
MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT THE CITY ATTORNEY
LOOK INTO THE LEGALITY OF THE PETITION.
ROLL CALL VOTE:
A YE S: NAYS:
VICE MAYOR GASS
COUNCILMAN OBERBECK
COUNCILMAN VOTAPKA
COUNCILMAN SCHUM
NONE CARRIED.
REGULAR COUNCIL MEETING - MARCH 17, 1982
ATTORNEY KILBRIDE STATED THAT HE WOULD REPORT BACK AT THE NEXT REGULAR WORK-~
SHOP MEETING, APRIL 7, 1982.
ATTORNEY KILBRIDE REPORTED THAT MR. KEPPLER FILED A MOTION AGAINST THE LAW SUIT
FILED AGAINST HIM REGARDING RIVER'S EDGE. HE REMARKED THAT HE HAD NOT BEEN
NOTIFIED OF A HEARING DATE YET.
ATTORNEY KILBRIDE STATED THAT THE CITY WAS DENIED A CONSUMPTIVE WATER USE PERMIT
FOR A DEEP WELL AT THE GOLF COURSE BY THE ST. JOHN'S WATER MANAGEMENT DISTRICT
GOVERNING BOARD. HE EXPLAINED THAT HE FILED A PETITION UNDER THE ADMINISTRATIVE
HEARING ACT, IN ORDER TO HAVE AN ADMINISTRATIVE JUDGE HEAR OUR TESTIMONY AND
CONSIDER OVERRIDING THE DENIAL AND GRANT THE PERMIT. ~ SINCE THE PERMIT DENIAL,
MR. MCQUEEN, LLOYD AND ASSOCIATES, CAME UP WITH A RECOMMENDATION DEALING WITH THE
WATER PROBLEM THAT HE SEEMS TO FEEL WILL BE ACCEPTED BY THE ST. JOHN'S WATER
MANAGEMENT DISTRICT BOARD.
ED PALUCH, CHAIRMAN, SEBASTIAN CONSTRUCTION BOARD, REPORTED THAT THE BOARD MET ON
MARCH 12, 1982 AND MADE THE FOLLOWING RECOMMENDATIONS:
6. VEHICLES BELONGING TO ANYONE/~K~ OTHER THAN
TO HAVE FLORIDA TAGS. ' ~ i
ATTORNEY KILBRIDE EXPLAINED THAT RECOMME¥£A~-~ONS 1, 2, 5,
WITHOUT ANY FURTHER DOCUMENTATION. H~ I~£I~ATED THAT HE
RECOMMENDATION 3 AND 4 TO DETERMINE ~/~-~ITY OF THEM.
1. RECORDED NOTICE OF COMMENCEMENT PRIOR TO ISSUANCE OF PERMIT.
2. ALL SUB-CONTRACTORS TO SIGN BUILDING DEPARTMENT COPY OF PERMIT APPLICATION
PRIOR TO GETTING INSPECTION WHICH INCLUDES THEIR WORK.
3. OWNER-BUILDER'S PRESENC/E'--~ Qh~B ~~If--'~S BEING DONE BY ANYONE OTHER
4. OWNER-BUILDER TO PROVE OOMPE~E¥CY TO TH~ ~UILDING OFFICIAL OR BOARD WHEN
HE WILL BE PERFORMING THANPHAgE OF CONSTRUCTION WHICH REQUIRES A SEPARATE
RECIPIENTS OF CITY L~CENSES TO BE RESIDENTS OF THE STATE OF FEORIDA.
OUT-OF-STATE OWNER-BUILDERS,
AND 6 COULD BE ENFORCED
WOULD HAVE TO CHECK INTO
THE CITY CLERKf ~RE~AD A LETTER__ ~FROM MR. ROB_~RT FITZMAU.2~ICE, CHAIttM~7, CODE ENFORCE-
A~--~
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VOORDE AS THE TE~ORA~T~EY~O ~E ~DE E~ORC~E~ B~R~ --
MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN SCHUM, TO INCLUDE THAT MR.
VAN DE VOORDE BE PAID AT THE RATE OF $50.00 PER HOUR.
ROLL CALL VOTE:
A YES:
NAYS:
VICE MAYOR GASS
COUNCILMAN OBERBECK
COUNCILMAN VOTAPKA
COUNCILMAN SCHUM
MAYOR FLOOD
NONE CARRIED.
ATTORNEY KILBRIDE STATED THAT HE WOULD PREPARE THE PROPER LANGUAGE FOR THE NEWS-
PAPER AD, REQUESTING A PERMANENT ATTORNEY FOR THE CODE ENFORCEMENT BOARD.
MAYOR FLOOD EXPLAINED.THAT THERE WAS APPROXIMATELY $20,000.00 LEFT IN THE ORIGINAL
AGREEMENT WITH GENERAL DEVELOPMENT CORPORATION SINCE THE ROADS IN UNIT #2 HAVE
BEEN PAVED. HE REMARKED THAT GENERAL DEVELOPMENT CORPORATION HAD ORIGINALLY AGREED
TO GIVE THE CITY $32.00 PER TON FOR ASPHALT INCLUDING LABOR AND NOW THEY HAVE
INCREASED IT TO $38.00 PER TON FOR THE 450-500 TONS REMAINING.
MAYOR FLOOD STATED THAT THE COUNCIL NEEDED TO DECIDE WHETHER THEY WANTED GENERAL
DEVELOPMENT CORPORATION TO GO AHEAD AND PAVE CERTAIN AREAS NOW OR TO JUST ACCEPT
THE BALANCE OF THE MONEY.
THE COUNCIL RECOMMENDED THAT MR. MCQUEEN CHECK THE CONDITION OF THE ROADS IN UNIT
2 THROUGH'? 15.
MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, THAT WE TABLE THIS UNTIL
THE REGULARLY SCHEDULED MEETING, AT WHICH TIME MR. MCQUEEN WILL GIVE A REPORT.
CARRIED.
MAYOR FLOOD EXPLAINED THAT GENERAL DEVELOPMENT CORPORATION AGREED TO REIMBURSE
THE CITY $1,500.00 FOR COLD PATCH.
REGULAR COUNCIL MEETING - MARCH 17, 1982
AFTER A BRIEF DISCUSSION, COUNCILMAN VOTAPKA AND COUNCILMAN OBERBECK SUGGESTED
THAT HOT PATCH BE USED TO FILL THE HOLES. THEY FELT IT WOULD LAST ALOT LONGER.
MR. MCQUEEN REPORTED THAT HE WOULD LOOK AT THE AREAS THAT NEED PATCHING AND
WOULD REPORT BACK.
MR. MCQUEEN, LLOYD AND ASSOCIATES, RECOMMENDED THAT A METAL GATE WITH A LOCK BE
PLACED AT EACH END OF THE COLLIER CREEK WALKWAY TO KEEP THE PUBLIC AWAY FROM THE
AREA ·
MOTION BY COUNCILMAN SCHUM, SECONDED BY COUNCILMAN OBERBECK, THAT WE CLOSE OFF
THE COLLIER CREEK WALKWAY WITH GATES ON BOTH SIDES AND A NO TREASPASSING SiGN
POSTED. CARRIED.
MR. MCQUEEN REPORTED THAT THE GOLF COURSE CLUBHOUSE IS PROGRESSING VERY WELL
AND THAT IT LOOKS VERY ATTRACTIVE.
MEETING ADJOURNED.
CITY CLERK MAYOR
MINUTES APPROVED AT REGULAR COUNCIL M'ZE~ING OF APRIL 12, .
_