Fort Walton Beach Council minutes — 12-28-1965 Regular — reading text

263 MINUTES OF REGULAR MEETING OF CITY COUNCIL OF FORT WALTON BEACH, FLORIDA December 28, 1965 1 A regular meeting of the City Council of the City of Fort Walton Beach, Florida, was held at the City Hall, December 28, 1965, at 7: 30 P. M. with the following members present: W. W. Thompson, Mayor C. Rigdon, Jr. H. James M. Ready H. H. Carnathan Sill L. Rogers Joseph W. Guidry and City Manager, City Clerk- Finance Director, and City Attorney. Meeting called to order by Mayor Thompson. Meeting opened with invocation and pledge to the flag. Charles Stewart introduced a visitor from England, Mr. Mawson, who served in a similar governing body in England. He said it was interesting to him that the public was allowed to participate in these meetings, as this was not the case in his country. Fred Estergren stated that he was interested in Item 5 on the recommendations from MAB, and, accordingly Mr. Carnathan suggested that this issue be put before Council first. There being no oojections, Mr. Estergren introduced a plat proposed for Bayou Woods Third Addition. There was an appeal by Mr. Estergren, Jim Croyle and A. G. Anderson to approve the plat, despite the recommendation of MAB. They took the position that the developers stood to lose an estimated $ 12, 000 worth of property to the City if they met the demands of the City. Manager explained that MAB suggested a cul- de- sac type plat. Mr. Croyle explained that neither FHA nor VA would go along with a lot that has a double street - - front and back yards facing on streets. Neither would they go along with the lots being chopped off by 35 feet, Croyle said. Mr. Estergren stated that they felt the City Council was condemning their land by requesting that no lots back up to a street. I Councilman Ready defended the Council and objected to the inference. He then moved that the issue be referred back to MAB for further study, and that the owners of this property be advised of when that Board will meet and then be in attendance. Motion seconded by Mr. Guidry, and the vote was aye unanimously. Mr. Walker read the eleven recommendations o~ the Public Works Committee: 264 1. Recommend that cement s~ reader bid be awarded to Leary and Owens Equipment Co. at ~ 2, 122. 50 for a Buckeye Model 5 Spreader. 2. Recommend that top dresser bid be awarded to Beach Cycle at $ 825. 00 - low bid and meets specifications. 3. Recommend that power screen bid be rejected. Bid is for shredder and screen. City advertised for power screen only. 4. Recommend that bid for microfilm reader be awarded to Recordak Corporation at $ 595. 00, low bid that meets specifications. 5. Committee met with Mr. Barrett and the City Attorney concerning ditch on Mr. Barrett' s property and tabled this matter until the next regular meeting of the Committee. 6. Committee referred Parks Board recommendations con- cerning lease of recreational tract property for riding stable to Council for a decision. 7. Committee recommends approval of engineering layout of acreage for Humane Society. ( previously approved for sale by Council) 8. Committee recommends that ~~s. Eulee Lazarus be named Curator of the Indian Mound Museum. 9. Committee recommends that size of motor required for the Number 7 well ( golf course well) be increased from 75 to 100 horsepower. - net cost: $ 150. 00. 11.MAB reviewed plat for Chateaugay siD and approves the Parks Board agreement to accept $ 500. 00 cash in lieu of park property and with the stipulation that the owner provide the City with the necessary easements to get water and sewer from Country Club Estates North into Chateaugay SiD. 10. MAB reviewed plat for Bayou Woods SiD, 3rd Addition and requested owners re- submit a plat showing an additional 35 foot street east of the siD to make the existing 25 foot street a 60 foot street. Mr. Roger~ moved that recommendations 1, 2, 3, 4, 5, 7, 8, 9, and 11 be approved ( excepting recommendations 6, and 10 which had been previously acted upon). Motion seconded by Mr. Carnathan and the vote was aye unanimously.  265 Mr. Guidry moved that Item 6 be referred to the Parks Board and the Golf Course Board for further study. Motion seconded by Mr. Ready, and the vote was aye unanimously. Mr. Walker then read the five recommendations from MAB: 1 1. Recommend that the western 165 feet of Wisteria Street that portion between Block 6, Lot 6, and Block 5, lot 1, Crewilla siD) be closed, subject to utility easements. 2. Recommend that request to rezone lots 1, 2, and 23, Block 10, Oakland siD from R- 1A to C- 2 be denied. Northeast corner of Hollywood Boulevard and Wright Avenue) 3. Recommend that Lot 5, Block 5, Howard Gill SiD be rezoned from C- l to C- 2. 4. Recommend that request to rezone the following described property from R- 2 to M- l be denied. Recommend that C- 2 zoning be granted except for the south portion of 165 feet which would remain an R- 2 buffer zone: That portion now zoned R- 2 and lying adjacent to the M- l zoned portion of the following described property: Commencing at the NW corner of the N 1/ 2 of the SW 1/ 4 of Section 14 TS 2S R24W in Okaloosa County, Florida, and thence run East along Hollywood Boulevard a distance of 888. 08', thence run south 1319. 57', t thence run East 888. 08'; thence run north 1319. 57', thence run west along Hollywood Boulevard, 888. 08' to POB. 5. MAB reviewed plat for Bayou Woods SiD 3rd Addition and requested owners to re- submit a plat showing an additional 35 foot street east of the siD to make the existing 25' street a 601 street. There was a question concerning the accuracf of the recommenda- tion as printed for Item 3 ( Howard Gill SiD), because it was Mr. Walker' s understanding that MAB had recommended denial of this request, while the printed recommendation was for I approval. Mr. Evans explained that the MAB Chairman had told him earlier that since it would not be spot zoning; they changed their first action and recommended the request be approved. A motion to approve the recommendations of MAB was made by Rogers, but there was no second at this point. 266 Charles Stewart asked for clarification from Council and the City Attorney concerning what route he should take in his request ( MAB Recommendation # 2). He explained that he had gone from one board to the next, and each time was told to go somewhere else, Mr. Smith advised him that he was following the correct procedure when he appeared before the Hearing Board, that the Board of Adjustments could not help him in this case, because they were not authorized to change the zoning itself. There was a discussion concerning the functions of the various boards and the City Council. Mr. Rogers withdrew the motion which was on the floor. Mr. Guidry asked if there had been any objections from the public hearing on this request, and Mr. Walker stated there had been. Jim Hart, 91 Oakland Circle ( lot 8) spoke out against the request, explained that he had and not been at the Hearing Board meeting, but that three lots of the property in question bordered on his property, and he would object to the rezoning. Mr. Stewart representing Mr. Campbell in the request, pointed out that the request was really for an extension of an existing zoning, rather than actual rezoning. He said that the property is across from Edwins School and a church, and that it was not suitable for R- l or R- 1A development. In view of the objections, however; Mr. Stewart amended his request and asked for R- 2 zoning. The City Attorney advised him that since he is requesting another type zoning, it will have to go back to the Hearing Board and proper notice of the change be made. Mr. Ready moved that the City refer the request back to the Hearing Board with the City bearing the expense of advertising. Motion seconded by Mr. Rogers, and carried unanimously. The remaining recommendations of MAB were passed by unanimous vote. City Attorney read ordinances: 451 - An ordinance requiring permission or permit from the City of Fort Walton Beach for use or interference with the portion of the City streets or City sidewalks and require payment for the cost of restoration of any portion of a street or sidewalk disturbed from the oridinal condition, provided the effective date hereof.  267 This ordinance was ~ pproved on motion by Mr. Rogers, seconded by Mr. Carnathan, and aye unanimous vote ~ first reading. 100. 48 - An ordinance closing the western 165' of Wisteria Street between Lot 6, Block 6 and Lot 1, Block 5, Crewilla SiD according to the plat thereof recorded in the official records of Okaloosa County Florida 1 Mr. Ready moved that this ordinance be passed on first reading. Motion seconded by Mr. Rogers, and carried unanimously. 100. 49 - An ordinance rezoning Section 14, Township 2, South, Range 24 West, Okaloosa County, Florida, except the South 165 feet from R- 2 to C- 2, providing the effective date hereof. There was considerable confusion concerning discrepancy in the legal description of the property and the possibility of misinterpretation of the ordinance as it was stated. The ordinance was sent back to MAB for clarification. Rogers motion to approve this ordinance, and the second by Carnathan, were voided by lack of a vote. 100. 50 - An ordinance rezoning a parcel