Fort Walton Beach Council agenda — 11-08-05 ‎(regular)‎ — reading text

assessments and method of payment should be presented. STAFF PRESENTATION Mr. Murray informed that the basis of area was used for the water and sewer assessments and the basis of linear footage along the roadway was used for the paving and stormwater assessments, as those are the most acceptable ways of allocating the benefit of the cost for the project. 4 o o 10/ 25/ 05 STOKES AVENUE SPECIAL ASSESSMENT ( CONTI Pastor Williams stated he does not want favoritism for the church, and mentioned that Stokes Avenue is already paved. Mr. Murray responded there is some asphalt at the southern end of Stokes Avenue, but it was not placed by the City and does not conform to City standards, and would have to be removed to install the facilities. James Patterson, 37 Pryor Road, owner of property adjacent to the church on Stokes Avenue, commented that if the church is waived his costs and the costs of other property owners would increase, and that he would request the right for his costs to be waived until the is property developed. James Smith, 618 Gap Creek Drive, commented that the paving on Stokes Avenue proceeds north on Lovejoy for about 100 to 200 yards, and that he understands the does not meet paving City standards. The Mayor asked if there were any additional comments against the assessment. There was none. COMMENTS FROM PROPONENTS The Mayor asked for comments from individuals for the assessment. As there was none, the Mayor closed the public hearing. The Mayor called for a motion to approve or disapprove the assessment. Mr. Tucker moved to find that the improvements for water, sanitary sewer, streets and drainage Stokes Avenue NW are proper and advisable and to on accept Staff's recommendations and levy the assessments for the public improvements as set forth in the Staff Report. Dr. Pullen seconded motion and It carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Anderson in favor. RECESS The meeting of the City Council recessed at 7: 45 p. m. CONVENE The Mayor announced the City Council will convene as the Fort Walton Beach Equalizing Board meeting to adjust and equalize the assessments authorized on the basis of justice and right. He advised this is a quasi-judicial proceeding. The City Attorney swore in individuals who planned to testify. The Mayor announced this portion of the public hearing is to address the equity of the levy and method of payment of the special assessments as they have been set out in Resolutions 05- 13 and 05- 32. He further stated only evidence necessary to determine the method of the levying assessments and method of payment should be presented. STAFF PRESENTATION Mr. Murray informed that the basis of area was us~ d for the water and sewer assessments and the basis of linear footage along the roadway was used for the paving and stormwater assessments, as those are the most acceptable ways of the benefit of the cost for the allocating project.  1- 5 10/25/ 05 o o STOKES AVENUE SPECIAL ASSESSMENT ( CONTI The City Manager advised, for Council' s information, that the assessment books were reviewed and no special assessment was found to be done previously on Lovejoy. The City Attorney stated that if a respondent had anything further to say regarding the method levying of payment, this was the time before Council takes a vote. Pastor Stanley Williams, 755 Lovejoy Road, reiterated his feeling that his property should not be assessed since water and sewer are provided from Lovejoy. The City Manager advised that when Girard Avenue was assessed, the City excluded the fees for and if City staff time to do the engineering and attorney fees associated with the improvements, Council was interested, the cost of the assessment would be decreased by approximately $6, 000. The Finance Director confirmed the improvements to Stokes Avenue, excluding City staff time and City Attorney fees, would be decreased by a total amount of $5. 968. 26. and James Patterson, 37 Pryor Road. stated there is no double indemnity for any of the properties. he has no plans to sell his property at this time. As there was no other public comments, the Mayor closed the public hearing. The Mayor asked for a motion to approve or adjust the method of levying the amount of the special assessments for the public improvements on Stokes Avenue NW. Mr. Holmes moved that the method of levying and the amounts of the special assessments for the public improvements on Stokes Avenue NW, as set forth in Resolutions 05. 13 and 05-32 are just and right, excluding City Staff time and attorney fees, and that no adjustment or equalization shall be made. Mr. Hartwell seconded motion. Mr. Minich voiced his feeling that the fees should not be waived. Holmes, The Mayor called for the vote on the motion and it carried unanimously with Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ADJOURN The meeting of the Equalizing Board was adjourned at 8: 00 p. m. RECONVENE The meeting of the City Council was reconvened at 8: 00 p. m. The following items are a result of an on-going update and recodification of the City of Fort Walton Beach Code of Ordinances. ORD. 1667- FIRE ALARM SYSTEMS The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA RELATING TO FIRE ALARM SYSTEMS; REPEALING CHAPTER 3, ALARM SYSTEMS, OF THE CITY CODE OF THE ORDINANCES, IN ITS ENTIRETY; ADOPTING A NEW CHAPTER, ALARM SYSTEMS, OF CITY CODE OF ORDINANCES; ENACTING A NEW SECTION FOR DEFINITIONS; ENACTING FOR NEW SECTIONS FOR PURPOSE, SCOPE, RULES FOR USE; CONDITIONS CONNECTIONS; FEES; AND SCHEDULES; ENACTING A NEW PROVISION REGARDING 6 o o 10/ 25/ 05 ORD. 1667 ( CONTI NUISANCES WHICH REQUIRES DISCONNECTION OF SOME SYSTEMS FROM THE CITY POLICE DEPARTMENT SYSTEM AND AUTHORIZES THE CITY POLICE DEPARTMENT TO ENTER UPON PROPERTY TO ABATE THE NUISANCE OF A CONTINUOUS AND UNINTERRUPTED SIGNAL; ENACTING A SECTION WHICH ESTABLISHES PENALTIES FOR FALSE ALARMS; ENACTING A SECTION REQUIRING ALARM PERMITS AND DISPLAY OF PERMITS; ADOPTING A RIGHT TO APPEAL FINE ASSESSMENTS IMPOSED UNDER THESE SECTIONS WHICH AUTHORIZES A HEARING MASTER TO HEAR SUCH APPEALS; PROVIDING FOR VIOLATIONS; PROVIDING FOR CONFLICT; 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. 1667 on first reading. Mr. Campbell seconded motion and and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, Minich in favor. ORD. 1668- VACANCIES ON CITY BOARDS The City Attorney read the ordinance by title only. TO THE AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA RELATING DECLARATION OF VACANCIES ON CITY BOARDS, COMMITTEES AND AGENCIES; OFFICE, SPECIFICALLY AMENDING SECTIONS 2- 58, VACANCIES, AND 20-64, TERMS OF A VACANCY OF THE CODE OF ORDINANCES, TO PERMIT THE CITY CLERK TO DECLARE DATE. ON ANY CITY BOARD, COMMITTEE OR AGENCY; AND PROVIDING AN EFFECTIVE The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1668 on first reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1669- PARKS AND RECREATION SERVICES The City Attorney read the ordinance by title only. PARKS AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA RELATING TO 21, OF THE AND RECREATION SERVICES, MUSEUM, AND LIBRARY; REPEALING CHAPTER CHAPTER 24 CODE OF ORDINANCES ENTITLED LlBRARY, IN ITS ENTIRETY; REPEALING OF THE OF THE CODE OF ORDINANCES, ENTITLED MUSEUM; REPEALING CHAPTER 26, ENTITLED PARKS AND RECREATION SERVICES; ADOPTING A CODE OF ORDINANCES NEW CHAPTER, ENTITLED LEISURE AND RECREATION SERVICES; PROVIDING DEFINITIONS AND DESIGNATING CITY PARKS, RECREATIONAL AND CULTURAL FACILITIES; AUTHORIZING USE OF PARKS AND FACILITIES; ESTABLISHING RECREATIONAL POLICY; PERMITTING MUSIC IN PARKS WITH CONDITIONS; REGULATING BEHAVIOR AND CONDUCT IN PARKS AND FACILITIES; REQUIRING ANIMAL CONTROL; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1669 on first reading. Mr. Patterson seconded motion.  o 7 10/ 25/ 05 o ORD. 1669 ( CONTI Mr. Minich moved to amend Ord. 1669 to delete the word " an" and substitute the words while the" on Line 675, and