Fort Walton Beach Council minutes — 09-13-05 Regular — reading text

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 9/ 13/ 05 ORD. 1650 ( CONT) 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. Patterson moved to adopt Ord. 1650 on second reading. Mr. Minich seconded motion I and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1651- REZONE CERTAIN PROPERTY AT 110 ST. MARY AVENUE 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 ANY CONFLICTING 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. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1651 on second reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1652- REZONE CERTAIN 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 Mayor announced a quasi-judicial proceeding. I 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 ORD. 1652 ( CONT) 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. 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, r' Patterson, Campbell, Tucker, Pullen, and Minich in favor and Hartwell opposed. I ORD. 1659- ESTABLISHMENT OF UTILITIES DEPARTMENT L 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 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 9/ 13/ 05 ORD. 1659 ( CONT) 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 I 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 ordinance title by 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 fees to the First Baptist ap lication/fil ng 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. ORD. 1656- AMENDING LDC. ADD NEW OS DISTRICT 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 I CALLED OS OPEN SPACE AND RECREATION; AMENDING SECTION 20- 386, FUTURE LAND USE MAP,