Fort Walton Beach Council agenda — 09-13-05 — reading text

might have. As there was no one else who wished to speak, the public hearing was closed. The Staff Report was entered and accepted into the record. Mr. Tucker moved to adopt Ord. 1642 on first reading. Mr. Minich seconded motion. Dr. Pullen expressed concern that the public' s access to the water would be denied, and referenced documents from 1918, 1925, and 1968 showing easements run with the land. Staff advised they had no knowledge of this information. The City Attorney explained that a number of changes have gone on in this area over the years, and from review of the Staff Report, including the July 27 memo from the Engineering Division, there are no concerns with easements in that area. She advised that even if there was, ordinances have been adopted over the years that have vacated much of the right the City had in that area. She stated Staff can add it to the intent of work they will do with the applicants on public easements on that property. Mr. Mitchell advised a criteria for vacation of the right- of-way is that access to a public body of water will not be negatively impacted. . 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. AMENDING 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 FIREFIGHTERS' 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;  o o 237 08- 23- 05 ORD. 1650 ( CONTI REPEALING ALL ORDINANCES IN CONFLICT HEREWITH 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. 1650 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1651. REZONING OF PROPERTY AT 110 ST. MARY AVENUE SW The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 110 ST. MARY AVENUE SW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R- 1A (SINGLE FAMilY DWELLING) DISTRICT TO CF ( COMMUNITY FACILITIES) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF A NY CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and swore in Len Mitchell, Long Range Planning Manager with the City, and noted that the applicant was not present. Mr. Mitchell explained the applicant is seeking to add new facilities to the church, and the present R- 1A District does not permit churches as a principal use. He advised the request is consistent with the Comprehensive Plan of the City, and that the MPB recommended approval. The Staff Report was entered and accepted into the record. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Holmes advised he was present at the MPB meeting when this item was discussed. Mr. Minich moved to adopt Ord. 1651 on first reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1652. REZONING OF PROPERTY AT 110 ROBINWOOD DRIVE SW The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 110 ROBINWOOD DRIVE SW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R- 1A ( SINGLE FAMILY DWELLING) DISTRICT TO EF ( EDUCATIONAL FACILITIES) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF A NY CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and advised Mr. Mitchell had been previously sworn in. She noted the applicant was not present. 238 o o 08- 23- 05 ORD. 1652 ( CONTI Mr. Mitchell explained this is a companion request to Ord. 1651 to rezone St. Mary' s Catholic Church to the Educational Facilities District. He advised the request is consistent with the Comprehensive Plan of the City, and that the MPB recommended approval. The Staff Report was entered and accepted into the record. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Holmes advised he was present at the MPB meeting when this item was discussed. Mr. Holmes moved to adopt Ord. 1652 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1653. COMP PLAN AMENDMENT. 1988 AND 1992 LEWIS TURNER BLVD TO HC The Mayor verified that the requirements of Section 20- 128( b), Land Development Code, have been met ( notice of pubic hearings or meetings). The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORTWALTON 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 City Attorney announced a quasi- judicial proceeding and that all who planned to testify were previously sworn in. The applicant was present. Mr. Mitchell advised the request is for a small- scale map amendment to the FLUM from General Commercial to Highway Commercial. He explained the request includes two parcels, with the undeveloped parcel to be developed into a commercial building, and the other property has joined in the application at the request of the agent. Mr. Mitchell reported the Municipal Planning Board, acting as the Local Planning Agency, heard the request at their August 4, 2005 public hearing, and recommended that City Council approve the ordinance. There were no public comments either for or against the request at the public hearing. The applicant advised he reviewed the Staff Report and had no objection to it being entered into the record. The Staff Report was entered and accepted into the record. COMMENTS FROM PROPONENTS AND OPPONENTS The Mayor asked if there were any comments from proponents or opponents of the ordinance. Nancy McDonald, 218 Watson Drive, representing property owners in the area around the subject request site, advised the homeowners object to any future rezoning and asked Council to consider the establishment of a future land use that would complement Professional Office Use, which is an excellent transition zone from commercial to residential.  o o 239 08- 23- 05 ORD. 1653 ( CONTI Ms. McDonald distributed the names and address of the property owners to Mayor, Council, and City Staff. Atty. Jeff Mcinnis, authorized agent for the applicants, stated they are working with City staff and are following the suggestions the City believes is appropriate for the site. Mr. Mcinnis believes there are benefits to the requested change and requested Council vote in favor of the ordinance. Lillian Showers, 15 Willwall Street, spoke against the ordinance, stating she did not believe it was in the best interest of the residents of the area. As there were no other comments from proponents or opponents of the ordinance, the Public Hearing was closed. Mr. Campbell moved to adopt Ord. 1653 on first Mr. Tucker seconded motion. reading. The City Manager advised the Highway Commercial designation is a less intensive use than what is currently allowed there, and while she understands the request from the residents that a Professional Office designation be considered, that is not what is being requested by the applicant. The Mayor called for the vote on the motion and it carried by a vote of 5 to 2 with Holmes, Patterson, Campbell, Tucker, and Minich in favor and Pullen and Hartwell opposed. ORD. 1659. ESTABLISHMENT OF THE NEW " UTILITIES DEPARTMENT" The 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 POSITIONS TO THE UTILITIES DEPARTMENT; DESIGNATING THE DIRECTOR OF THE UTILITIES DEPARTMENT; AMENDING SECTION 2- 168, CODE OF ORDINANCES OF THE CITY OF FORT 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 first reading. Mr. Patterson seconded motion. Discussion ensued regarding the need for the reorganization of the department since it has been working well for years; that a new department would bring the City in alignment with what other cities are working with; and that smaller departments are easier to