Fort Walton Beach Council minutes — 04-11-06 regular minutes — reading text

165 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA APRIL 11, 2006 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, 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 Pastor Tommy Walker from Greater Peace Missionary Baptist Church gave the invocation. PLEDGE OF ALLEGIANCE Youth from Greater Peace Missionary Baptist Church led in the Pledge of Allegiance. 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 Approval of the minutes of the Council Workshop of 3/ 28/ 06 and the Regular Council Meeting of 3/ 28/ 06, as corrected. . DISASTER SERVICES CONTRACT Award RFP 06- 117, Disaster Services to TAG Grinding Services of Palmetto, Georgia and authorize the City Manager to enter into a contract with TAG for the period from June 1, 2006 through December 31, 2006 with four (4) one ( 1) year options, if it is determined to be in the best interest of the City. Further authorize the City Manager to approve change orders, those exceeding 20, 000. 00 will be brought back to City Council for ratification. COMPACT PICKUP TRUCK BID Award the purchase of one ( 1) compact pickup truck from the State Contract Vendor, Orville, Beckford Ford in Milton, FL in the amount of $ 11, 167. 00. MEMORANDUM OF UNDERSTANDING WITH COUNTY Authorize the Mayor to execute a Memorandum of Understanding with the Okaloosa Board of County Commissioners for use of the property located at the Fairgrounds as a staging area for personnel and supplies during emergencies and natural disasters.  Regular Council 4- 11- 06 166 PUBLIC HEARING - ORD. 1683: AMENDING MAXIMUM DENSITY IN MUMS DISTRICT The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV LAND DEVELOPMENT CODE, CHAPTER 12.45 REDEVELOPMENT PROJECT AREA, SECTION 12.456. 05; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE .... DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopted Ord. 1683 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. 1694: TREE PROTECTION AND HERITAGE TREES The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 12. 72. 01 OF THE LAND DEVELOPMENT CODE TO PROTECT A GREATER NUMBER OF TREES DURING DEVELOPMENT OF ALL TYPES EXCEPT DETACHED AND ATTACHED ONE FAMILY DWELLING UNITS; REMOVING CABBAGE PALMS ( SABLE PALMETTO) FROM THE REPLACEMENT TREE LIST; ENACTING A NEW SECTION ENTITLED " HERITAGE TREE RECOGNITION," 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. 1694 on second reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. HEIGHT ORDINANCES The Mayor noted items numbered 7 - 12, Ordinances 1696 - 1701, amend the definition of building heights in the C- 1, C- 2, M- 1, M- 2 and MUW- 24 Districts. PUBLIC HEARING - ORD. 1696: AMENDING BUILDING HEIGHT DEFINITIONS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 12.20 DEFINITIONS, OF THE LAND DEVELOPMENT CODE, TO AMEND DEFINITION OF BUILDING HEIGHT; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Ai!t. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1696 on second reading. Mr. Minich seconded motion and it carried by a vote of 5 to 2 with Holmes, Patterson, Pullen, Hartwell, and Minich in favor and Campbell and Tucker opposed.  Regular Council 4- 11- 06 167 PUBLIC HEARING - ORD. 1697: AMENDING BUILDING HEIGHT IN C- 1 DISTRICT The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 12.42 COMMERCIAL DISTRICT, C- 1, SECTION 12.421. 03 HEIGHT OF BUILDINGS; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1697 on second reading. Mr. Hartwell seconded motion and it carried by a vote of 4 to 3 with Patterson, Pullen, Hartwell, and Minich in favor and Holmes, Campbell, and Tucker opposed. PUBLIC HEARING - ORD. 1698: AMENDING BUILDING HEIGHT IN C- 2 DISTRICT The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 12.42 COMMERCIAL DISTRICT, C- 2, SECTION 12.423. 02 HEIGHT OF BUILDINGS; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1698 on second reading. Mr. Hartwell seconded motion and it carried by a vote of 4 to 3 with Patterson, Pullen, Hartwell, and Minich in favor and Holmes, Campbell, and Tucker opposed. PUBLIC HEARING - ORD. 1699: AMENDING BUILDING HEIGHT IN M- 1 DISTRICT The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 12.43 INDUSTRIAL USES, M- 1, TO ADD SECTION 12.431. 09 MAXIMUM HEIGHT OF BUILDINGS; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, 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. 1699 on second reading. Dr. Pullen seconded motion and it carried by a vote of 4 to 3 with Patterson, Pullen, Hartwell, and Minich in favor and Holmes, Campbell, and Tucker opposed. PUBLIC HEARING - ORD. 1700: AMENDING BUILDING HEIGHT IN M- 2 DISTRICT The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 12.43 INDUSTRIAL USES, M- 2, SECTION 03, AND HEIGHT OF BUILDINGS; PROVIDING FOR 12.432. REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.  Regular Council 4- 11- 06 168 ORD. 1700 cont. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1700 on second reading. Mr. Minich seconded motion and it carried by a vote of 4 to 3 with Patterson, Pullen, Hartwell, and Minich in favor and Holmes, Campbell, and Tucker opposed. PUBLIC HEARING - ORD. 1701: AMENDING BUILDING HEIGHT IN MUW- 24 DISTRICT The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY AND FINDINGS OF FACTS; AMENDING VOLUME IV LAND DEVELOPMENT CODE, CHAPTER 12.45 REDEVELOPMENT PROJECT AREA, MUW- 24, SECTION 12.459. 05 SITE DEVELOPMENT STANDARDS, MAXIMUM HEIGHT; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1701 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Patterson, Pullen, Hartwell, and Minich in favor and Holmes, Campbell and Tucker opposed. GENERAL PUBLIC Ted Corcoran, President CEO of the Chamber of Commerce, extended a personal invitation to the Mayor and City Council to the Chamber' s 60th Anniversary celebration on April 28th. ANNEXATION AGREEMENT - 653 COUNTRY CLUB AVE NE Consideration of a request to authorize the City Manager to execute a proposed annexation agreement between the City of Fort Walton Beach and Kathi Thomas regarding property located at 653 Country Club Avenue NE. Len Mitchell, Long- Range Planning Manager, stated the property has a potable water well and two septic tanks at the present time. He said the applicant has had to pump the septic tanks often and needs to connect to city water and sanitary sewer as soon as possible to avoid a public health issue. He explained in order not to delay the connection of the water and sewer until formal annexation has been completed, the Annexation Agreement will allow the City to extend water and sewer to the property; then the Municipal Planning Board will begin the formal annexation process. He reported the requested annexation meets all requirements, the City can provide utilities and other services to the site without reducing levels of service to other properties, the land use and proposed R- 1 A zoning would be consistent with the Comprehensive Plan, and with the Future Land Use Plan designations and zoning for adjacent properties. Mr. Campbell moved to authorize the City Manager to execute the Annexation Agreement for annexation of 653 Country Club Avenue NE. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor.  Regular Council 4- 11- 06 169 PUBLIC SCHOOLS FACILITY PLANNING INTERLOCAL AGREEMENT Consideration of a request to participate in an initiative to complete Public Schools Facility Planning Interlocal Agreement by September 1, 2006, and to