Fort Walton Beach Council agenda — 09-27-05 — reading text

general liability limits of 100, 000 for each occurrence and $ 300, 000 aggregate, to renew the lease agreement between the City of Fort Walton Beach and Boy Scout Troop # 543 for property located on Camborne Avenue NE for a ten year period from September 27, 2005 to September 26, 2015. LOCAL LITIGATION STRATEGY REPORT To accept as information the 2005 Local Mitigation Strategy Progress Report. DESIGNATION OF NIMS RES. 05- 19- A RESOLUTION OF THE CITY COUNCil OF THE CITY OF FORT WALTON BEACH, FLORIDA, DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM ( NIMS) AS THE BASIS FOR ALL INCIDENTS MANAGEMENT IN THE CITY OF FORT WALTON BEACH, FLORIDA. PUBLIC HEARING-ORD. 1638. AMENDMENT TO COMP PLAN The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING DIRECTIONS: THE COMPREHENSIVE PLAN OF THE CITY OF FORT WAL TON BEACH: 2008, PURSUANT TO FLORIDA STATUTES, CHAPTER 163; PROVIDING FOR AUTHORITY; PROVIDING FOR ADOPTION OF A TEXT AMENDMENT TO THE FUTURE LAND USE ELEMENT RESULTING FROM PENDING PRIVATE AMENDMENT APPLICATIONS; PROVIDING FOR ADOPTION OF TEXT AMENDMENTS TO THE FUTURE LAND USE ELEMENT INITIATED BY THE CITY; PROVIDING FOR ADOPTION OF TEXT AMENDMENTS TO THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR ADOPTION OF FUTURE LAND USE MAP AMENDMENTS RESULTING FROM CITY INITIATED CHANGES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and swore in Missy McKim, CDS Director, and Len Mitchell, Long Range Planning Manager. Mr. Mitchell announced that DCA directed the City to proceed with the adoption phase of the ordinance, which includes four amendments to the Comprehensive Plan. The Staff Report was entered and accepted into the record. COMMENTS FROM PROPONENTS AND OPPONENTS Chris Gibson, 249 Brooks Street, received clarification that the ordinance increases density in the MUMS District only.  25,7 9/ 13/ 05 c' o ORD. 1638 ( CONTI As there were no other comments from proponents or opponents of the ordinance, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1638 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1642- VACATION OF SHELL AVENUE AND SOUND BEACH STREET The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS 0 F FACT; PROVIDING FOR T HE VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE OF THAT PORTION OF PUBLIC RIGHT- OF-WAY OF SHELL AVENUE AND SOUND BEACH STREET LYING SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 30, AKA, U. S. HIGHWAY 98, AKA MIRACLE STRIP PARKWA Y, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF PUBLIC RIGHT-OF-WAY OF SHELL AVENUE AND SOUND BEACH STREET LYING SOUTH OF THE WESTERLY EXTENSION OF THE SOUTH BOUNDARY LINE OF 2005 PARCEL ID NUMBER 24- 2S- 24- 0000- 0021- 0000; SAID RIGHTS-OF-WAY LYING IN SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDAAND ADJOINING THE FOLLOWING 2005 OKALOOSA COUNTY PARCEL ID NUMBERS: 24- 2S-24- 0000- 0019- 000, 24- 2S- 24- 0000- 0026- 0000, 24- 2S- 24- 0000- 0018- 0000, 24- 2S- 24- 0000- 0009- 0000; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. Lisa Minschew, attorney representing the Garvie and Staff families, advised this issue has been through litigation for several years, with evidence presented on the case from the 1800' s to the present. Ms. Minschew stated her opinion that the agreement is the best way to bring the issue to a close. Mr. Campbell moved to adopt Ord. 1642 on second reading. Mr. Tucker seconded motion. Mr. Tucker expressed his feeling that the issue could have been settled years ago on a local level. Dr. Pullen stated his thought that the public should have access to the water. The Mayor called for the vote on the motion and It carried by a vote of 6 to 1 with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor and Pullen opposed. ORD. 1650- AMEND FIREFIGHTERS PENSION TRUST FUND The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH AMENDING THE CITY OF FORT WALTON BEACH FIREFIGHTER' S PENSION TRUST FUND, ADOPTED BY ORDINANCE NO. 1174, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS, TO AMEND THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; AMENDING SECTION 6, SERVICE RETIREMENT BENEFIT AMOUNTS AND ELIGIBILITY BY DELETING THE MAXIMUM BENEFIT LIMITATION; AMENDING SECTION 23, CREDITED SERVICE - SPECIAL PROVISIONS; AMENDING SECTION 25, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 27 MAXIMUM PENSION; ADDING A NEW SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR SEVERABILITY OF PROVISIONS; . 258 c o 9/ 13/ 05 ORD. 1650 ( CONTI EFFECTIVE REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN DATE. was closed. The Mayor opened the public hearing. As there was none, the public hearing motion Mr. Patterson moved to adopt Ord. 1650 on second reading. Mr. Minich seconded and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and I Minich in favor. I ORD. 1651- REZONE CERTAIN PROPERTY AT 110 ST. MARY AVENUE The City Attorney read the ordinance by title only. RELATING TO THE AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, OF FORT WALTON BEACH REZONING OF CERTAIN PROPERTY WITHIN THE CITY FOR LOCATED AT 110 ST. MARY AVENUE SW; PROVIDING FOR AUTHORITY; PROVIDING FINDINGSOF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R- 1A ( SINGLE PROVIDING FAMILY DWELLING) DISTRICT TO CF ( COMMUNITY FACILITIES) DISTRICT; FOR A ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF A NY CONFLICTING EFFECTIVE ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN DATE. The Mayor announced a quasi-judicial proceeding. was entered into the Mr. Mitchell advised Staff had no additional comments. The Staff Report record. The City Attorney reported the applicant was not present. was closed. The Mayor opened the public hearing. As there was none, the public hearing Mr. Minich moved to adopt Ord. 1651 on second reading. Mr. Campbell seconded motion Pullen, Hartwell, and and It carried unanimously with Holmes, Patterson, Campbell, Tucker, Minich In favor. SW ORD. 1652- REZONE CERTAIN PROPERTY AT 110 ROBINWOOD DRIVE The City Attorney read the ordinance by title only. RELATING TO THE AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, WALTON BEACH REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT SW; PROVIDING FOR AUTHORITY; PROVIDING FOR LOCATED AT 110 ROB INWOOD DRIVE TO BE REZONED FROM R- 1A ( SINGLE FINDINGS OF FACT; PROVIDING FOR PROPERTY FACILITIES) DISTRICT; PROVIDING FAMILY DWELLING) DISTRICT TO EF ( EDUCATIONAL OF A NY CONFLICTING FOR A ZONING MAP AMENDMENT; PROVIDING FOR REPEAL ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor announced a quasi- judicial proceeding. Mr. Mitchell advised Staff had no additional comments. The Staff Report was entered into the record. The City Attorney reported the applicant was not present.  259 9/ 13/ 05 c ORD. 1652 ( CONTI The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Campbell moved to adopt Ord. 1652 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor ORD. 1653- AMEND COMP PLAN. 1988- 1992 LEWIS TURNER TO HC The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN RELATING TO PROPERTY LOCATED AT 1988 AND 1992 LEWIS TURNER BOULEVARD; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR AMENDMENT OF THE FUTURE LAND USE MAP FOR THE PROPERTY FROM GC, GENERAL COMMERCIAL TO HC, HIGHWAY COMMERCIAL; PROVIDING FOR INTERNAL CONSISTENCY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor announced a quasi-judicial proceeding. Mr. Mitchell advised the applicant was present, and as there were no objections, the Staff Report was entered into the record. The Mayor opened the public hearing. f""""""- Jeff Mcinnis, attorney representing the applicants, requested Council look favorably at the request. The City Attorney swore in Randall Showers, 321 Breem Avenue, Fort Walton Beach. Mr. Showers was representing his mother who lives in the affected area, and voiced his concerns regarding the proposed rezoning, and asked Council to consider zoning for a Professional Office District. As there was no one else who wished to speak, the public hearing was closed. Mr. Holmes moved to adopt Ord. 1653 on second reading. Mr. Campbell seconded motion. Discussion included the fact the proposed Highway Commercial use is more restrictive than the present use. Mr. Mitchell explained there are protective measures with buffer and landscape requirements in the Highway Commercial to protect the adjacent property owners that are not available under General Commercial. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor and Hartwell opposed. ESTABLlSHMENT OF UTILITIES DEPARTMENT ORD. 1659- The