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HomeMy WebLinkAbout02-05-1980 Regular MeetingCITY COUNCIL REGULAR MEETING FEBRUARY 5, 1980 MICROFILMED 4.15 -85 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON FEBRUARY 5, 1980 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:30 P,M, BY MAYOR JOHNSON L. MURPHY, JR. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR J.L. MURPHY, JR., COUNCIL MEMBERS L.C. BOYD, J. CALVERT, P.T. LEE AND W. RUTHERFORD; CITY ATTORNEY RICHARD F. SCOTT; ASSISTANT CITY ATTORNEY JOSEPH SCOTT, CITY MANAGER, ANITA J. OSTROM, CITY CLERK PATRICIA J, BEAULIEU AND SGT. AT ARMS JOAN HUDEPOHL. THE MINUTES OF THE REGULAR MEETING OF JANUARY 15, 1980 WERE APPROVED AS READ, UNFINISHED BUSINESS ITEM 1. ORDINANCE: NOS. 1-80* RE�:., ADOPTION` OF' TRAFFIC ELEMENT* OF* COMPREHENSIVE- PLAN''(SECOND,READING AND PUBLIC HE T G MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE ADOPTING THE TRAFFIC ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF CAPE CANAVERAL, FLORIDA, IN CONFORMANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975; PROVIDING AN EFFECTIVE DATE, MR. LEE MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED. MOTION. MAYOR MURPHY EXPLAINED THAT THE FIRST STEP IN PLANNING FOR ROADS IN THE CITY WOULD BE TO ADOPT THE TRAFFIC ELEMENT OF THE COMPREHENSIVE PLAN WHICH WOULD IN TURN ALLOW THE PLANNING AND ZONING BOARD TO HAVE A SURVEY SETTING OUT THE ACTUAL STREETS. ATTORNEY SCOTT POINTED OUT THAT THE STREET SURVEY WOULD THEN COME BACK TO COUNCIL FOR ADOPTION.. MAYOR MURPHY OPENED THE FLOOR FOR THOSE IN THE AUDIENCE, MR. STOTTLER, REPRESENTING OCEAN WOODS, INC., FIRST INTERSTATE AND STOTTLER, STAGG,AS80C., SPOKE AT THIS TIME. HE SUGGESTED THAT COUNCIL LOOK TO CENTRAL AVENUE AS THE EAST -WEST ACCESS ROUTE IN THE NORTHERN PART OF THE CITY, IT WAS POINTED OUT THAT CENTRAL AVENUE HAD BEEN CLASSIFIED AS A COUN'T'Y ROAD IN THE FUNCTIONAL CLASSIFICATION PLAN. r MR. STOTTLER ALSO QUESTIONED WHETHER OR NOT THE CITY WAS PLANNING ON ASKING FOR A 50 -FOOT RIGHT -OF -WAY FOR RIDGEWOOD. ATTORNEY SCOTT POINTED OUT THAT THIS PROPOSED PLAN WOULD RETURN TO THE PLANNING AND ZONING BOARD IF COUNCIL ADOPTS IT AT THIS MEETING AND THE BOARD WILL IN TURN COME UP WITH A SURVEY SHOWING THE LAND IT RECOMMENDS FOR FUTURE STREETS. MR. STOTTLER POINTED OUT TO COUNCIL THAT THE MAPPED STREETS ACT SETS ASIDE LAND FOR 20 YEARS THEREBY PLACING A SERIOUS BURDEN ON THE PROPERTY OWNER ESPECIALLY WHERE PROPOSED RIDGEWOOD RUNS CLOSE TO THE COASTAL CONSTRUCTION SETBACK LINE. ATTORNEY SCOTT POINTED OUT THAT DURING THIS 20 YEAR PERIOD IF A LAND OWNER HAD A PROBLEM SUCH AS MENTIONED ABOVE, THE PROPERTY OWNER HAD THE RIGHT TO.APPROACH THE CITY AND SEEK RE- ROUTING OF THE ROAD. ATTORNEY THOBURN SPOKE, REPRESENTING THE PROPERTY OWNERS DIRECTLY NORTH OF HARBOR HEIGHTS FROM THE OCEAN TO NORTH ATLANTIC AVENUE. MR. THOBURN EXPLAINED THAT THE PROPERTY OWNERS HAD COME UP WITH A PLAN TO DEVELOP THEIR PROPERTY AND THE EXTENSION OF RIDGEWOOD, AS PROPOSED, WOULD CAUSE THEM CONSIDERABLE LOSS OF MONEY DUE TO THE FACT THAT THE NUMBER OF UNITS ON THE OCEAN WOULD HAVE TO BE REDUCED. MR. ALLEN, ENGINEER ON THIS PROJECT, WAS IN ATTENDANCE AND CONFIRMED MR. THOBURN'S STATEMENT. MR. RUEHL, REPRESENTING BARBE J CORPORATION, WAS IN ATTENDANCE AND PRESENTED COUNCIL WITH A POSITION STATEMENT FROM BARBE J CORPORATION'S PRESIDENT, THE STATEMENT OBJECTED TO THE PROPOSED NORTH -SOUTH EXTENSION FOR RIDGEWOOD, SUBJECT STATEMENT IS ATTACHED TO THESE MINUTES. MR. RUEHL EXPLAINED THAT BARBE J AND OTHERS WERE PLANNING TO DEVELOP THE AREA NORTH OF HARBOR HEIGHTS WITH A PRIVATE ROAD INTO THE ENCLAVE WHICH WOULD COME INTO A CUL -DE -SAC AND PROVIDE ACCESS FOR THEIR FUTURE DEVELOPMENT, COUNCIL MINUTES FEBRUARY 5, 1980 PAGE 2 OF 6 PAGES WITH ATTACHMENTS i MICROFILMED 4 -15 -85 MRS. ARMOUR, REPRESENTING THE ESTATE OF MR. & MRS. THOMPSON, SPOKE IN FAVOR OF THE EXTENSION OF RIDGEWOOD AND THE EAST -WEST ROAD FROM PROPOSED RIDGEWOOD TO AlA AND STATED THAT SHE THOUGHT IT WAS A REASONABLE PLAN FOR FUTURE TRAFFIC, MR. WOLEVER, HARBOR HEIGHTS RESIDENT, SPOKE IN FAVOR OF THE EXTENSION OF RIDGEWOOD AND POINTED OUT THAT 401 HAS HAD HEAVY TRAFFIC. MR. GEORGE FIRKINS, VICE PRESIDENT, CEVESCO, INC,, OFFERED THE OPINION THAT 401 WILL NOT HAVE PROBLEMS ONCE THE PRESENT CONSTRUCTION BY THE TELEPHONE COMPANY IS COMPLETED, MR. ALLEN SUGGESTED THAT BEFORE THE RIDGEWOOD AVENUE LOCATION WAS DETERMINED, THAT A MAP OF THE COASTAL CONSTRUCTION SETBACK LINE BE TAKEN INTO CONSIDERATION DUE TO THE FACT THAT SOME OF RIDGEWOOD IS SO CLOSE TO THAT LINE, MR. ALLEN NOTED THAT IF THE CITY CAN'T CONDEMN THE PROPERTY AND BUILD THE ROAD, THEN THIS PROPOSED PLAN WOULD PLACE AN UNNECESSARY HARDSHIP ON THE PROPERTY OWNERS WHO WERE IN THE PROCESS OF DEVELOPING. ATTORNEY THOBURN REQUESTED HE BE PLACED ON RECORD AS REPRESENTING BARBE J CORPORATION, MR. TIDWELL, MR, LULEY, CORNELIA LULEY, THE ESTATE OF JOSEPH F. LULEY AND CANAVERAL CORPORATION, ALL BEING PROPERTY OWNERS IN THE AREA AND OBJECTING TO THE CIRCULATION PLAN THAT IS BEING PROPOSED DUE TO THE FACT THAT THEY FELT IT IMPAIRS THE USE OF THEIR PROPERTY, MAYOR MURPHY EXPLAINED THAT IT WAS HIS INTENTION TO PROVIDE FOR THE FUTURE RESIDENTS OF CAPE CANAVERAL THAT ARE SOMEDAY GOING TO OCCUPY THE LAND IN THE NORTHERN PORTION AND NOTED THAT THE PLANNING AND ZONING BOARD`S SURVEY WOULD HAVE TO HAVE ADDITIONAL PUBLIC HEARINGS BEFORE BEING ADOPTED. MAYOR MURPHY CALLED FORA VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF ORDINANCE NO, 1 -80, VOTE WAS AS FOLLOWS; IN FAVOR, MAYOR MURPHY AND MR, RUTHERFORD, OPPOSED, MRS. BOYD, MRS. CALVERT AND MR.- LEE, ORDINANCE NO, 1 -80 REGARDING THE TRAFFIC CIRCULATION ELEMENT OF THE COMPREHWIVE PLAN, FAILED SECOND READING, THE MAP ON EXHIBIT AT THIS PUBLIC HEARING DEPICTING THE PROPOSED STREETS IN RED IS ATTACHED TO THESE MINUTES, COUNCIL MINUTES FEBRUARY 5 1980 WAGE 3 OF 6 PAGES WITH ATTAMIT ENT$ ITEM 2. ORDINANCE NO. 2 -80 RE: AMENDMENT TO ARTICLE I, SECTION 2A CITY CHARTER CHANGING wf=IPAL READING MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL, FLORIDA, A PROPOSAL FOR AN AMENDMENT TO ARTICLE XXI, SECTION 2A OF THE CITY CHARTER CHANGING THE REGULAR MUNICIPAL ELECTION FROM THE FIRST TUESDAY IN JUNE EACH YEAR TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER EACH YEAR: BY SUBMITTING A REFERENDUM TO THE ELECTORS A PROPOSAL FOR THE PAYMENT OF STREET RESURFACING BY EITHER THE IMPOSITION OF A ONE MILL AD VALOREM TAX ON ALL REAL PROPERTY WITHIN THE CITY OR BY A SPECIAL ASSESSMENT OF ALL PROPERTY AFFECTED BY STREET RESURFACING PROJECTS: BY PROVIDING THAT SAID REFERENDUM ELECTION SHALL BE HELD AT THE PRIMARY ELECTION IN THE CITY ON MARCH 11, 1980; BY PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MRS. CALVERT SECONDED LOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. PROPOSED 9HARTERLY BUDGET REVISIONS POSTPONED 1-15-80 COUNCIL HAD BEFORE THEM! BUDGET REVISIONS WHICH HAD BEEN REVIEWED AT WORKSHOP. MAYOR MURPHY MOVED TO APPROVE THE REVISIONS. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY, ° kA- A NEW BUSINESS ITEM 1. ORDINANCE NO. 3 -80 AMENDING CHAPTER 271 RE: DISPENSING WITH T 0 I 0 CIL MEETING (FIRST T MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 271, COUNCIL PROCEDURES, OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ESTABLISHING PROCEDURES FOR THE READING OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETINGS BY REPEALING ALL SECTIONS OF THE CODE IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. E IT WAS EXPLAINED THAT THIS ORDINANCE WOULD DELETE THE REQUIREMENT FOR READING OF MINUTES AT MEETINGS, HOWEVER, THE MINUTES WOULD BE POSTED ON BULLETIN BOARD AND ALONG WITH THE AGENDAS IN COUNCIL CHAMBERS FOR INTERESTED CITIZENS. MRS. CALVERT MOVED TO APPROVE FIRST READING. MR. RUTHERFORD SECONDED. MOTION CARRIED UNANIMOUSLY, COUNCIL MINUTES FEBRUARY 5, 1980 PAGE 4 OF 6 PAGES WITH ATTACHMENTS . ITEM 2. RESOLUTION NO. 80 -2 RE: FIRE PROTECTION AGREEMENT NO—MAN ,s LAND ' MAYOR MURPHY READ THE COVER PAGE OF THE AGREEMENT ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT TO PROVIDE FIRE EMERGENCY RESCUE SERVICE TO CERTAIN UNINCORPORATED AREAS IN BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MR. LEE EXPLAINED THAT THIS AGREEMENT WAS REQUIRING THAT THE FIRE DEPARTMENT CARRY INSURANCE TO THE SAME EXTENT THAT THE CITY IS COVERED, MR, LEE REQUESTED ANY ADDITIONAL EXPENSE INCURRED BY THE CORPORATION BE TAKEN FROM THE PROCEEDS PAID BY THE COUNTY. MR. LEE REQUESTED CITY MANAGER OSTROM CHECK WITH THE CITY'S INSURANCE CARRIER ON THE INSURANCE PORTION OF THIS AGREEMENT. MOTION ON THE FLOOR FOR ADOPTION CARRIED UNANIMOUSLY, ITEM 3. MOTION RE': WAIVING OF TOURNAMENT FEE'S COCOA BEACH HIGH 'SCHOOL DISTRICT TENNIS' TMOMNT MAYOR MURPHY READ A LETTER PREPARED BY THE CITY MANAGER NOTIFYING THE COCOA BEACH HIGH SCHOOL PRINCIPAL THAT THE CITY WOULD WAIVE THE FEES FOR THEIR UPCOMING TENNIS TOURNAMENT, MAYOR MURPHY MOVED TO APPROVE THE LETTER, MRS, BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY, ITEM 4. MOTION RE: AWARDING OF ELECTRICAL BID FOR 'BALL ARK MAYOR MURPHY EXPLAINED THE CITY HAD RECEIVED TWO BIDS; ONE FROM ACCOLA IN THE AMOUNT OF $3,900 AND ONE FROM FOXBILT ELECTRIC IN THE AMOUNT OF $4,750. MRS. BOYD MOVED TO AWARD THE ELECTRICAL BID TO ACCOLA IN THE AMOUNT OF $3,900. MAYOR MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. LEE MOVED FOR AN ADD —ON ITEM TO CONSIDER THE PURCHASE OF A TRANSFORMER FOR THE BALL PARK. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. LEE MOVED THAT THE BALL PARK TRANSFORMER BE PURCHASED a s i i c BY SPENDING THE MONEY THE RECREATION BOARD HAD LEFT IN THEIR CAPITAL ,A,CCOUNTIWITH THE CITY MAKING UP THE DIFFERENCE TOWARDS THE PRICE, MAYOR MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. x COUNCIL MINUTES FEBRUARY 5, 1980 PAGE 5 OF 6 PAGES WITH ATTACHMENTS J r DISCUSSION MAYOR MURPHY INFORMER COUNCIL THAT APPRAISAL HAD COME IN ON THE TWO LOTS SOUTH OF CITY HALL AND AN OFFER WILL BE MADE TO THE OWNERS. MAYOR ANNOUNCED THAT THE SCHOOL BOARD HAD INVITED HIM TO APPEAR AT THE MARCH 12 MEETING REGARDING THE OCEANFRONT PROPERTY THE CITY WOULD LIKE TO ACQUIRE FOR OCEANFRONT PARK. THERE BEING NO FURTHER BUSINESS, MAYOR MURPHY ADJOURNED THE MEETING AT 9:31 P.M. APPROVED THIS i9 DAY OF 'FEBRUARY .. 1980, COUNCIL MINUTES FEBRUARY 5, 1980 PAGE 6 OF 6 PAGES WITH ATTACHMENTS February 5, 1980 City Commission, City Hall Cape Canaveral, 7777 i Tr a Cape Canaveral Florida In re: All that tract or parcel of land lying and being in the County of Brevard, State of Florida, described as beginning at a point on the shore of the Atlantic Ocean 2154.9 feet South of the North line of Section 14, Township 24, Range 37 East, as a point of beginning, thence West 1320 to a point, thence North 635.0 feet to a point, thence East parallel to the South line of property and 635 feet distant therefrom to shore of Atlantic Ocean, thence Southerly along Atlantic Ocean to the point of beginning, with full riparian rights. Gentlemen: We purchased the above described property in December, 1972. We later entered into negotiations with the owners of the property adjoining us on the West for a purchase or joint venture agreement on their land. In December of 1978, we employed Allen Engineering, Inc. to do some preliminary work on both our tract and the adjoining prop- erty to the West. This proposed plan was later rejected by the City and therefore, in May of 1979, we entered into an agreement with Allen Engineering for a proposed condo- minium development on both our tract and the land to the West, extending to North Atlantic. This plan called for a private road from North Atlantic into our property with proper water and sewer lines along with drainage facilities. Our plan is to build a condominium apartment building on the ocean -front as Phase One of the project. The second phase would be a second ocean -front building, for a total of Phase One and Two of approximately 200 units. The City Commission, Cape Canaveral February 5, 1980 Page 2 -... estimated time would be three to four years. These build- ings would naturally be built in compliance with code and zoning established by the City of Cape Canaveral. Last week, we were notified of a proposed plan now before the City Commission for a future road program that would severely damage our planning and engineering, which are. now substantially completed and would materially affect the valuation of our property. We understand that this is a future plan with ono time table and could possibly not be completed within the next ten to twenty years. We also understand that if this plan is adopted, we could not obtain a building permit on any proposed building that would be located within the area on which a future road was to be built or was proposed to be built, no matter how long in the future that might be accomplished. The reasons we would be severely damaged are outlined as follows: 1. The engineering which we have substantially completed might have to be considerably-revised. 2. The proposed North -South road called Ridgewood would enter our property within approximately 200 feet of the building setback line on the ocean side. Even though the total project contains approximately 50 acres, we would be severely limited to what is known as ocean -front prop- erty. Our present plans call for approximately 200 ocean- front units. It is estimated that, with the reservation of land for Ridgewood, we could possibly build fewer than 80 ocean -front apartments when all other rules and regula- tions are considered. 3. The difference in value of an ocean -front apartment and an off - the -ocean -front apartment is considerable, even though the cost of constructing such a building is .substantially the same. Therefore, the value per apartment unit site is materially reduced. The difference in valua- tion of an ocean -front site as compared with an off -the- ocean- front site is $8,000- $10,000 each. If 120 ocean- front sites had to be transferred to off - the -ocean -front sites, an excess of $1,000,000 would be lost. City Commission, Cape Canaveral February 5, 1980 . Page 3... This tremendous loss is not reasonable, especially in view of the fact that there is no immediate plan to build these roads and there is no likelihood they would be completed within the foreseeable future. Therefore, the results would be denial of a property owner's right to construct improvements on his property in an economical -fashion and thereby cause this property owner a loss in excess of one million dollars. This, in effect, is condemnation of a property owner's rights without compensa- tion which I feel is not just and does not have sufficient merit to justify the approval of the proposed traffic plan in its present form. Sincerely, BARBER T�--OORPORATION C. Moore resident CAM: lb e., S MP WAS ON- :EXHIBIT AT\1 -15 -80 & 2 -5 -80 COUNCILrNE=GS. RE: 1 -80 ®1 11 If 11 IN 11 11 If ®® 11 If. 11 If 11 11 11 If 11 � I I NORTH CITY LIMITS S.T. P. ., LEGEND ST E o- 3tPO . t r ST. aF_ 7YJ a a —01� AYL� OR SAVE. �Qa �C] L 00 C L&JE ARTHUR AVE. .� 17 JLf/� t wo ��— Cc.CAstS 4J me a1. i 71 Nom► BUILDING OFFICIAL J.�LMq Aif J*11� NORTH 0 400 600 1600 SCALE IN FEET al 4 � . CIRCULATION PLAN'," CITY OF CAPE CANAVERAL rA ] COMPREHENSIVE PLANNING PROGRAM 1978 BRILEY WILD 8 ASSOCIATES CONSULTING ENGINEERS a PLANNERS '/tepa►td by two city of Co," Coi►c.tro) wool# cosltesi w�IA The Staff of Flood* . otpoolmont of Communal Mfs.to The wevaterisa of ibis mad was r:asac+attt 064t-4 /h#ae, ©b's ftdef0l hobs item the ospdrlAtil of Kowa' slid W644 0"llopmset, under the Compotbetghe ►lonb.ay 044 Nanolemsnf Assistance Froaromovrhorove4 by Seaeaa 701 of the Kows,aa Act of 1954,00 amended.' }} ATTACHMENT TO COUNCIL . uG f �. OF FEBRUAw,.5, 1980 FIGURE 4 -2