Fort Walton Beach Council minutes — 04-23-1974 Regular — reading text

by State such as 85 By- Pass and six- laning of Eglin. Also, write a letter to Board of County Commissioners asking if they have con- sidered, or discussed, the By- Pass Road through Industrial Park tying in with all other reads at Racetrack Road. 132 BICYCLE ROUTES. 17. Report on Bicycle Routes should be forthcoming. ROW / CINDERELLA LANE 18. City Attorney letter ref. ROW Cinderella Lane ( Tabled 3926- 74). CONSTRUCTION SCHEDULE FOR 19. Mr. Rigdon presented a f.........] .. construction ... HEDRICK RECREATION CENTER schedule of the Fred B. Hedrick Recrea- .. tion Center. Expected completion date: August, 197s. Tennis courts should be ready for play, without lights, by December, 1974. Mr. Rigdon moved that all recommendations except 1#8 be approved. Motion was ' seconded by Mr. Schweizer, and carried unanimously. BOARD OF ADJUSTMENT VACANCY Concerning Item # 8, Mr. Rigdon moved that Mr. Herman Coker ,be appointed to fill the vacancy on the board and that the two appointees with expiring terms be re- appointed. Mayor recognized Mrs. Stoner, who asked what the purpose was for the Board of Adjustment. City Manager stated that the Board is formed at the direction of State law and the only recourse to their decision is through a court of law. Their purpose is to rule on requests regarding setback requirements. Motion was duly seconded and carried unanimously. GOLF COURSE SNACK BAR Concerning Item # 2, Mr. Baughman asked about the recommendation and was told that City Manager had discussed it with Mr. Hughes, but had no firm recommenda- tion yet. CINDERELLA LANE Concerning Items # 10 and # 18, Mr. Palmer made the following comments~ Mr. Palmer Scott has stated that Mr. agreed to give an for utilities easement on the south side of his property since C~ h~~~ t ~~ \~; i~~~~ og~~: ~ i~ i J.. n~:~ i e ties .. into his house. In return, he is . requesting that the City agree to aban- don the easement on thennorth side of . the property which is about 33 feet. That is what was discussed yesterday afternoon. Mr. Palmer continued that the discussion ~ egarding the closing of  133 Cinderella Lane on March 26 was some- thing that was tabled and he could not discuss it unless it is removed from the table. Mr. Rigdon stated that Mr. Palmer was correct, but to go a little further, a motion was made yesterday that Council not make any decision on this property I because there is a question in his mind if Council dedicates the easement on the north end of the property. He stated that he is not in favor of giving that property so that the street can be opened up. Mayor read recommendation 1#18 and stated that in order to discuss this matter it must be removed from the table. Mr. Van Buskirk moved that nhe matter be removed from the table. Motion was duly seconded and carried unanimously. Mr. Van Buskirk asked that he be brouiht up date on the status of the matter to and Mr. Palmer read the following opinion from City Attorney: Florida Statute 704. 01 provides that where a piece of land outside a munici- pality is hemmed in so that theee is no practical route of ingress and egress to the nearest practical public or private road, then thepperson shall have a statutory way of necessity. It is diffi- cult to answer the above case of whether we can dead- end Cinderella Lane Road in that the public road to the north apparent- ly has not been opened. I think all we can do wo* ld be attempt to dead- end the road and see if they want to take it to Court to require it to be open. However, if you vacated that portion of the public road running east ~ nd west, ci:h lies whd:: within the City, you could do that on the condition that they agreed to dead- ending I Cinderella Lane. This would afford the property owner additional land by vacating of the public road lying east and west and the City would gain by getting per- mission to dead- end this road. signed: Walter Smith, City Attorney" Mr. Rigdon stated that what Mr. Scott is asking is for the City to dedicate the 134 easement the north side of the on property. This means that if Council dies this, Mr. Scott will not have an acdess out of his property and if it is left as it is, then he will have an access out of the property and not fun through Cinderella. He asked City ' Attorney if this was accurate. City Attorney stated that even if City va- cates the easement, an access Mr. Scott will have out of his property. Mr. Scott was recognized and stated that what he is asking for issfor the easement J... on the north end of his property to be vacated so that his units can be built overlooking the Golf Course, instead of overlooking the street. He stated that 25 ft. would revert to the property owner and 25 ft. will revert to the City, which he is willing to buy his 25 ft. Mr. Van Buskirk asked why Mr. Scott needed a road open to Cinderella. Mr. Scott replied that in order to bbtain VA financing, there must be two entrances and two exits. He explained that his intent is to build a new road down by Mrs. Buck' s property near the Golf Course. An opponent to the request was recognized and stated her concern for the construc- tion traffic up and down Cinderella. Mr. Scott stated that most of the traffic would be using Denton Blvd. and would not want to wind through a residential area. A resident from 28 Cinderella Lane stated that Cinderella Lane would get construction traffic when the con- struction begins, and the residents are most opposed to this. Mayor called for how many persons were opposed to the request. Theee were approximately 10. Mr. Rigdon asked Mr. Scott if he could go back and get VA approval if he is given this vacated easement, provided that he doesnot open up Cinderella Lane. Scott stated that if VA Mr. would agree ' with that, he would certainly agree. Mr. Scott stated that he could appreciate the feelings of the residents, however, he already has invested $ 8, 000 into the project and his attorneys feel that he cann~ t be denied access to his property.  135 Mr. Van Buskirk asked if Council wanted to give Mr. Scottthe City' s property. Mr. Rigdon statedthat the property is no good to the City and it is his feeling that a compromise should be worked out to satisfy both parties. 1 M~. VanBuskirk moved that Mr. Scott' s request for a thoroughfare there at Cinderella Lane be denied by reason that the residents in the City are opposed to it. Motion was seconded by Mr. Baughman. Mr. Palmer stated that he was going to ask Mr. Scott if he could check with VA to see if this compromise would be agreeable so that the matter could be settled to the best advantage of all concerned. Mr. Rigdon stated point of order, that Mr. Scott' s request was not to build a road, but for City to vacate right- of- way. Question was called and motion carried, Mr. Palmer castiggaa single " negative" vote. B. O. D. REPORT Mayor presented B. O. D. Report for Coun- cil' s information. PRICE INCREASE: HILCOTROL City Manager informed Council on a new SEWER SOLVENT price increase for Hilcotrol ~ ewer Solvent) at $ 4. 95 per gallon which is a 34% increase. Motion was duly made, seconded and carried unanimously to authorize City' s continued use of