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

City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; ESTABLISHING A NEW DEPARTMENT ENTITLED THE " UTILITIES DEPARTMENT"; DISTRIBUTING CURRENT PUBLIC WORKS DEPARTMENT POSITIONS TO THE UTILITIES DEPARTMENT; DESIGNATING THE DIRECTOR OF THE UTILITIES DEPARTMENT; AMENDING SECTION 2- 168, CODE OF ORDINANCES OF THE CITY OF FORT 260 c o 9/13/ 05 ORD. 1659 ( CONTI WALTON BEACH, TO REDESIGNATE THE DIVISIONS OF THE PUBLIC WORKS DEPARTMENT; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1659 on second reading. Mr. Campbell seconded 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. 1655- REZONE OF PROPERTY. FIRST STREET. CHURCH AVENUE. SECOND STREET TO CF The City Attorney read the ordinanciieby title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF PROPERTY LOCATED AT 21 FIRST STREET SE, 109 CHURCH AVENUE SE, 17 SECOND STREET SE AND 21 SECOND STREET SE, FORT WALTON BEACH, FLORIDA AND OWNED BY THE FIRST BAPTIST CHURCH OF FORT WALTON BEACH; PROVIDING AUTHORITY; PROVIDING FINDINGS OF FACT; REZONING PROPERTY FROM R- 2 MULTIPLE FAMILY DWELLING DISTRICT TO CF COMMUNITY FACILITIES DISTRICT, AMENDING THE OFFICIAL ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The City Attorney noted the request to refund the $775. 00 ap licationf/il ng fees to the First Baptist Church as recommended by the MPB. Mr. Mitchellexplained the rezoning will bring the properties into compliance . with the Comprehensive Plan, and that MPB recommended approval at their September 1, 2005 meeting. The Staff Report was entered and accepted into the record. Mr. Campbell moved to adopt Ord. 1655 on first reading and to refund the $ 775. 00 application/filing fee to the First Baptist Church. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. AMENDING LDC. ADD NEW OS DISTRICT ORD. 1656- The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; PROVIDING FINDINGS OF FACT; AMENDING CHAPTER 20, LAND DEVELOPMENT CODE, ARTICLE III, ZONING, DIVISIONS 3 AND 4, BY: AMENDING SECTION 20- 381, ESTABLISHMENT OF DISTRICTS, TO ADD A NEW DISTRICT CALLED OS OPEN SPACE AND RECREATION; AMENDING SECTION 20- 386, FUTURE LAND USE MAP, TO INCLUDE THE NEW OS DISTRICT; REDESIGNATING THE FUTURE LAND USE CATEGORIES OF HC HIGHWAY COMMERCIAL AND COMMERCIAL DISTRICT; DELETING OBSOLETE DISTRICTS; DELETING MUC/ R MIXED USE COMMERCIAL RESIDENTIAL AND MUC/ I MIXED USE COMMERCIAL INDUSTRIAL; AMENDING MAXIMUM DENSITY/ INTENSITY IN SEVERAL CATEGORIES; ADDING DISTRICT REGULATIONS FOR THE OS OPEN SPACE AND RECREATION DISTRICT; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.  c 261 9/ 13/ 05 o ORC. 1656 ( CONTI The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Holmes moved to adopt Ord. 1656 on first reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. The following agenda items relate to the subordination of City Utility Interests relating to FDOT improvements to State Road 85 and State Road 30 ( U. S. 98). ORC. 1661-CITY UTILITY INTERESTS ALONG US 98 AT BROOKS STREET The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUBORDINATION OF UTILITY INTERESTS OF THE CITY IN THAT PROPERTY SITUATED ALONG STATE ROAD 30 ( U. S. 98) AT BROOKS STREET, AND MORE PARTICULARLY DESCRIBED IN THE SUBORDINATION, TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF REALIGNING AND IMPROVING STATE ROAD 30 (U. S. 98), SECTION 4118581; AUTHORIZING TRANSMITTAL OF A CERTIFIED COPY TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. Further authorize the Mayor to execute the Municipal Deed and Subordination of City Utility Interest agreements. Tom Murray, Public Works Director, advised the ordinances are in preparation for FDOT's project to realign the Eglin Parkway, Highway 98 and Brooks Street intersection. Council received clarification that the State will pay for any utility relocation on the site in the future. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1661 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1662-CITY UTILITY INTERESTS ALONG US 98 The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUBORDINATION OF UTILITY INTERESTS OF THE CITY IN THAT PROPERTY SITUATED ALONG STATE ROAD 85, AND MORE PARTICULARLY DESCRIBED IN THE SUBORDINATION, TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF REALIGNING AND IMPROVING STATE ROAD 30 (U. S. 98), SECTION 4118581; AUTHORIZING TRANSMITTAL OF A CERTIFIED COpy TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1662 on first reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. 262 c o 9/ 13/ 05 ORD. 1663-SUBORDINA TION OF DEED IN CITY PROPERTY The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE OF THE CITY, IN EXECUTION OF A DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF STATE ROAD 85 THAT CITY-OWNED PROPERTY SITUATED AT THE INTERSECTION IN THE DEED, TO AND STATE ROAD 30 ( U. S. 98) AND MORE PARTICULARLY DESCRIBED THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF REALIGNING AND IMPROVING STATE ROAD 30 (U. S. 98) SECTION 4118581; TRANSMITTAL OF A CERTIFIED COpy TO THE STATE TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. OF FLORIDA AUTHORIZING DEPARTMENT OF l The Mayor opened the public hearing. will not remove any existing parking Chris Gibson, 249 Brooks Street, was advised the realignment in the area. Minich seconded motion and Mr. Campbell moved to adopt Ord. 1663 on first reading. Mr. Tucker, Pullen, Hartwell, and It carried unanimously with Holmes, Patterson, Campbell, Minich in favor. REGULAR AGENDA RES. 05- 32-SPECIAL ASSESSMENT. STOKES AVENUE The Mayor read the resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTWALTON BEACH, FLORIDA; DECLARING RELATING TO A PUBLIC IMPROVEMENT BY SPECIAL ASSESSMENT; DRAINAGE ON STOKES IMPROVEMENTS OF WATER, SANITARY SEWER, STREET AND A TIME AND PLACE FOR A AVENUE, IN THE CITY OF FORT WALTON BEACH; SETTING PUBLIC HEARING BEFORE CITY COUNCIL; SETTING AN ESTIMATED TOTAL COST OF THE AND SPECIFICATIONS; IMPROVEMENTS IN ACCORDANCE WITH APPROVED PLANS COST OF SAID IMPROVEMENTS; LEVYING ASSESSMENTS FOR THE TOTAL ESTABLISHING THE MANNER OF ASSESSMENT AND METHOD OF PAYMENT; IDENTIFYING OF THE RESOLUTION; AND THE LANDS TO BE ASSESSED; PROVIDING FOR PUBLICATION PROVIDING AN EFFECTIVE DATE. motion and it carried Mr. Tucker moved to adopt Res. 05- 32. Mr. Campbell seconded Pullen, Hartwell, and Minich in unanimously with Holmes, Patterson, Campbell, Tucker, favor. BOARD OF ADJUSTMENT APPOINTMENT Consideration of an appointment to the Board of Adjustment. Wood Court NW, Fort Walton Beach, Mr. Minich moved to appoint Wilbur C. Hugli, 12 Bayou term until June 21, 2008. Mr. Hartwell to the Board of A dJustment for an unexpired Patterson, Campbell, Tucker, seconded motion and it carried unanimously with Holmes, Pullen, Hartwell, and Minich in favor. LEGISLATIVE ISSUES SURVEY of Cities requested Council provide The City Manager explained the Northwest Florida League Council members were polled their top three legislative priorities for the 2006 year to the League. insurance for Florida homeowners; 2) and the top three priorities were 1) the high cost of workman' s comp reform. Northwest Florida highway authority support; and 3) what they consider the top three priorities, to The City Manager requested Council's direction on be forwarded to the League.  c o 263 9/ 13/ 05 LEGISLATIVE ISSUES ( CONTI Mr. Minich moved to forward to the Northwest Florida League of Cities as the first priority the issue of the high cost of insurance for Florida homeowners. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. Mr. Minich moved to forward to the Northwest Florida League of Cities as the second priority the issue of workman' s compensation reform. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. Mr. Minich moved to forward