Fort Walton Beach Council agenda — 10-30-06 ‎(special)‎ — reading text

following: 1) A list of the structures and description of the proposed future of each structure entitled Field Work - Attachment " A" 2) Photos of all of the existing structures. 3) Design standard; Photos of the " Before" and " After" for #3 on the list. Please let us know if you need further copies. We are excited about the look of the new billboards in the City. Let' s get together as soon as possible. Sincerely, 223 GREENACRES ROAD, FORT WALTON BEACH, FL 32547- 1198; P. O. BOX 2857( 32549) 850- 862-4343, FAX: 850- 862- 1346  2xHIPtTA f-.:>Her Le:. ed + 5" Jz..L J do.. D (... Draft 5. 8.06 MODIFICATION TO SETTLEMENT AGREEMENT FIELD WORK - Attachment" A" By and between Lamar and City Of Fort Walton Beach effective 2006. General scope of the work:Dismantle all eight ( 8) existing billboard structures. Eliminate all stacked and side by side faces. Rebuild four (4) structures, reduce the face size to less than 300 Sq. Ft.Create a design standard for the new structures. The following is a list of structures to be dismantled permanently 1) South/side Hwy 98, 500' west/ofBeal Pkwy ( 10' 6" x 36' stacked) 2) East/side Eglin Pkwy. @ Hollywood Blvd. (10' 6" x 40' single) 3) North/side Hwy. 98 west/of Wright Pkwy. (l0' 5" x 22' 8" back/back) 4) North/side 98, 500' west/Beal Pkwy. ( 10' 5" x 22' 8" stacked) The following is a list of structures to be dismantled and reconstructed: 5) North/side Hwy. 98 east/of Harbeson ( 10' 6" x 36' back/back) 6) North/side Hwy 98 @ Brooks Bridge ( 10' 6" x36' back/back) 7) South/side Hwy 98 @ Brooks Bridge ( 10' 5" x22' 8" stacked) 8) East/side Eglin Pkwy sou~ ofPerry (l0' 5" x22' 8" side by side) < f::-- Design standard: See drawing of proposed design standard, Exhibit " A". Colors to be selected by City staffbased on community esthetics. Final design and engineering drawings to be submitted by Lamar for City staff approval. Signed etc,  c.c PA- C/G!.? T Po i2 ~ X e-U n c/';;- f!.., 5es.s "lJ N 1J r A6fU!5S" M6i\.>- r:- . f\~ lvd e$ e1Tt..eMG' TonI L. CraIg Marital & Family Law Attorney at Law Municipal Law Re: Lamar v. City of Fort Walton Beach Executive Session Timeline of Events/ Action Requested 2000 - Lamar Inc. filed suit regarding amortization requirements for its billboards throughout the City. 2002 - City and Lamar entered into a settlement agreement. Lamar got to keep 8 boards, removed the remainder. City required to review sign code every 6 months. 2004 - Lamar suggested changes to sign code. 2005- Lamar billboard at 252 Miracle Strip Pkwy was damaged in Hurricane Ivan. Lamar requested to rebuild the sign. That pennit application was denied based on terminology of the settlement agreement. The Agreement specifically allows Lamar to " maintain and operate" the eight boards. Chapter 479 of Florida Statutes defines the tenn " maintain." " Maintain" means " to allow to exist." Section 14- 10. 007( 4), Florida Administrative Code, specifically states that a sign may not be disassembled and re- erected at the same location unless the nonconfonning sign meets the criteria set forth in section 14- 10. 007( 6). The damaged board did not meet the criteria in section 14- 10. 007( 6). 2006-- Current Code prohibits billboards. Section 12. 82. 06, Off Premises Signs, states " an off- premises sign is an outdoor sign which advertises or directs attention to an establishment, business, merchandise service, commodity, attraction or entertaimnent that is sold, produced, manufactured or furnished at a place other than the property on which the sign is located. This type of sign is prohibited. Such signs include, but are not limited to, signs commonly known as billboards. " Request motion by Council to handle this matter in one of three ways: 1. Do nothing. 2. Allow Lamar Inc. and Staff to present argwnent for and against the proposed Modification to Settlement Agreement at next regular Council meeting. Council would then move to accept either Staff's or Lamar' s argument/suggested revisions. All three parties would work out the settlement terms at that public hearing. 3. Defer the suggested proposed Modification Agreement to the next Sign Code Review session and handle it as a legislative matter with due public notice and hearing. The attached docwnents are not attorney- client privileged and are a matter of public record. 244 Racetrack Rd NE Fort Walton Beach FL 32~ 47- 1866 Classroom: 2264 HWY 87 Navarre FL 32566- 3215 850) 243- 6969 ( 850) 936- 4269 Fax: ( 850) 244- 8929 Email: toni@tlcpa. gccoxmail.com FWB EXISTING BILLBOARDS AS OF 05- 09- 2006