Fort Walton Beach Council minutes — 03-14-06 regular minutes — reading text

MINUTES OF THE REGULAR COUNCIL MEETING 133 OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 14, 2006 INTRODUCTION A regular meeting ofthe City Council of Fort Walton Beach, Florida, was held on Tuesday, March 14, 2006, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, William Patterson, Bob Campbell, Jim Tucker, Dr.Wayne Pullen, Jim Hartwell, and Mike Minich Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director Position vacant; Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER The Mayor called the meeting to order and welcomed everyone. He requested anyone who wished to address Council to approach the podium after being recognized, then state his or her name and address for the record. INVOCATION AND PLEDGE Youth Pastor Jason Turner from Hollywood Blvd. Baptist Church led in the invocation. PLEDGE OF ALLEGIANCE Youth from Hollywood Blvd. Baptist Church led in the Pledge of Allegiance. PROCLAMATION - RED CROSS MONTH The Mayor presented a proclamation to Sherry Frost in recognition of American Red Cross Month. PROCLAMATION - DOMINICK FIORENTINO RETIREMENT The Mayor presented a proclamation and retirement plaque to Dominick Fiorentino, M.I. S. Director, on the occasion of his retirement from the City on March 28, 2006. CONSENT AGENDA Mr. Patterson moved to approve the following Consent Agenda items. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. MINUTES Approve the minutes of the Council Workshop of February 28, 2006, and the Regular Council Meeting of February 28, 2006. ONE-TON TRUCK Authorize the purchase one ( 1) One-Ton Truck with Service Body under the provisions of the Florida Sheriff Contract from the lowest, responsive, responsible bidder, Garber Ford, Green Cove Springs, Florida, for a total cost of 25, 882.00. REDUCTION OF FINE/RELEASE OF LIEN - 300 EGLIN PKWY NE Approve the reduction offine/release oflien at 300 Eglin Parkway NE, Erika ofNW Florida, Inc. RA: Fernando F. Chaves, Case 99- 1065 conditioned upon receipt of payment of$ 5, 000. 00 in lieu ofthe accrued fee in the amount of 51, 940. 00. SCHOOL BOARD LEASED PROPERTY Direct the City Manager to notify the Okaloosa County School Board, that pursuant to paragraph 11 of the Lease, dated 12 February 1976, for the property described as Lot 6, Block 4, Central Addition as recorded in Plat Book 2, Page 36 of the Public Records ofOkaloosa County, the property is no longer being used by the City as the location for the old School House and Garniers Post Office, (as these buildings were relocated to the property adjacent to the Indian Temple Mound,) and the property shall revert to the School Board as of January 19, 2006.  Regular Council 3- 14- 06 134 PUBLIC HEARING - ORD. 1687: REZONE 6 PARK CIRCLE SE FROM R-2 TO MUCC- 2 The City Attorney read the ordinance by title. 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 6 PARK CIRCLE SE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R- 2 MULTIFAMILY DWELLING DISTRICT TO MUCC- 2 MIXED USE COMMUNITY COMMERCIAL DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING .... FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the floor for public input. As there was none, the public hearing was closed. Len Mitchell, Long-Range Planning Manager, submitted the staff report for the record. Mr. Minich moved to adopt Ord. 1687 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING - ORD. 1690: SALE OF 55 HILL AVENUE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH AUTHORIZING THE SALE OF EXCESS REAL PROPERTY SITUATED AT 55 HILL AVENUE, FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; PROVIDING FINDINGS OF FACT; PROVIDING CITY COUNCIL APPROVAL OF THE CONTRACT FOR SALE AND PURCHASE AND CONVEYANCE OF THE PROPERTY TO HSU 2005 FAMILY TRUST; AUTHORIZING AND DIRECTING CLOSING BY THE MAYOR AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the floor for public input. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1690 on second reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING - ORD. 1691: CODE ENFORCEMENT BOARD The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON B EACH, FLORIDA; PROVIDING AUTHORITY; AMENDING SECTION 2. 02. 03, TERMS OF MEMBERS, LIMITATIONS, TO CORRECT INCONSISTENCY REGARDING CODE ENFORCEMENT BOARD MEMBER TERM LIMITATION; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE. The Mayor opened the floor for public input. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1691 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING- ORD. 1692: ALCOHOLIC BEVERAGES IN CITY PARKS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA RELATING TO CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES IN CITY PARKS; AMENDING SECTION 7. 05. 05( 1), ALCOHOLIC BEVERAGES IN CITY PARKS; TO AUTHORIZE CITY MANAGER TO PERMIT TEMPORARY AUTHORIZATION OF CONSUMPTION AND POSSESSION OF ALCOHOL IN CITY PARKS; PROVIDING FOR PUNISHMENT BY GENERAL PENALTY PROVISIONS OF THE CODE; AND SETTING AN EFFECTIVE DATE.  Regular Council 3- 14- 06 135 ORD. 1692 cont. The Mayor opened the floor for public input. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1692 on second reading. Mr. Campbell seconded motion and it carried by a vote of 5 to 2 with Patterson, Campbell, Tucker, Pullen, and Minich in favor and Holmes and Hartwell opposed. PUBLIC HEARING - ORD. 1695: PURCHASE OF 106 McGRIFF STREET NE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH AUTHORIZING THE PURCHASE OF REAL PROPERTY SITUATED AT 106 MCGRIFF STREET NE, FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY AND CITY COUNCIL APPROVAL OF THE CONTRACT FOR SALE AND CONVEYANCE OF THE PROPERTY FROM EVELYN GRACE PRITCHARD, FKA EVELYN GRACE SADLER TO THE CITY OF FORT WALTON BEACH; AUTHORIZING AND DIRECTING CLOSING BY T HE MAYOR AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the floor for public input. Lee Bobo, 38 Memorial Parkway SW, wished to know the City' s plans for the property. The City Manager explained nothing has been decided and staff will return to Council with a recommended plan of action. Chris Gibson, 249 Brooks Street, wished to know the purchase price of the property. The City Manager replied the contract price is $ 150, 000.00. Ms. Gibson expressed displeasure at the purchase of that property for that amount. As there was no further public input, the public hearing was closed. Mr. Campbell moved to adopt Ord. 1695 on first reading. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING - ORD. 1702: COX COMMUNICATIONS CABLE FRANCmSE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE GRANTING OF A FRANCHISE FOR THE USE OF THE CITY' S RIGHTS- OF- WAY FOR THE CONSTRUCTION, RECONSTRUCTION, OPERATION AND MAINTENANCE OF A CABLE COMMUNICATIONS SYSTEM WITHIN THE CITY BY COX COMMUNICATIONS GULF COAST, L.L.C. ( COX); PROVIDING FOR AUTHORITY; SHORT TITLE; GRANT OF FRANCHISE; RIGHT OF CITY TO ISSUE FRANCHISE; AN EFFECTIVE DATE OF FRANCHISE AND EFFECT UPON EXISTING FRANCHISE; TERM; NON- EXCLUSIVITY; INCORPORATION OF THE CABLE ORDINANCE BY REFERENCE AND RESOLUTION OF CONFLICTS; DEFINITIONS; SERVICE AREA; SYSTEM AND CAPACITY; CONSTRUCTION AND INSPECTION; SYSTEM SERVICES; ACCESS AND INSTITUTIONAL NETWORK; SUBSCRIBER INFORMATION AND RIGHTS; EQUAL EMPLOYMENT OPPORTUNITY; RATES; FRANCHISE RENEWAL; POLICE POWERS; PERFORMANCE SECURITY; REGULATION; REMEDIES; LIQUIDATED DAMAGES; COOPERATION; WAIVER; CUMULATIVE PROVISION; NOTICES; CAPTIONS; NO JOINT VENTURE; ENTIRE FRANCHISE; SEVERABILITY; TIME IS OF THE ESSENCE; CONSTRUCTION OF FRANCHISE; TRANSFER OF FRANCHISE AND ADDITIONAL SERVICES. The City Manager reported the franchise includes a TV channel so the City can do their own cable programming, an access equipment grant of $10, 000 and equipment valued at $ 40, 000 plus 100 hours of training, plus $ 10, 000 for public announcements. Joe Brewster, Cox Communications, stated they are delighted to complete the negotiations and they look forward to serving the citizens throughout the term of this franchise.  Regular Council 3- 14- 06 136 ORD. 1702 cont. The Mayor opened the floor for public input. Gene Armbruster, 210 Hudson Drive, complained that the scrambled channels are not scrambled enough to block out the audio. Mr. Brewster explained Cox is in the process of converting customers from the analog box to a digital box which when completed there should not be any more bleeding over of the audio. He said in the meantime Cox can order and ... install a specific trap to go on the line upon a customer request. As there was no further public input, the public hearing was closed. Mr. Holmes moved to adopt Ord. 1702 on first reading. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. GENERAL PUBLIC Chuck Wheelehan, 613 Powell Drive, expressed his views on the golf course debt, on a City Manager form of government, and that proposed projects over a certain amount should be placed before the voters. REZONE FROM HC TO MUMS Len Mitchell, Long- Range Planning Manager, briefly explained the request to amend the Official Zoning Map from HC to MUMS is for the area between Beal Parkway and Harbeson Avenue SE and First Street and Miracle Strip Parkway SE. Mr. Tucker moved to direct the City Clerk to notify affected property owners of proposed area-wide rezoning from HC Highway Commercial District to MUMS Mixed-Use Main