Fort Walton Beach Council agenda — 03-28-06 Regular — reading text

SE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS TO BE REZONED FROM R-2 MUL TIFAMILY DWELLING DISTRICT TO MUCC- 2 MIXED USE COMMUNITY COMMERCIAL DISTRICT; PROVIDING FORA ZONING MAP AMENDMENT; PROVIDING AND PROVIDING FOR AN FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; EFFECTIVE DATE. was closed. The Mayor opened the floor for public input. As there was none, the public hearing Len Mitchell, Long- Range Planning Manager, submitted the staff report for the record. Hartwell seconded motion and it carried Mr. Minich moved to adopt Ord. 1687 on second reading. Mr. Hartwell, and Minich in favor. unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, PUBLIC HEARING - ORD. 1690: SALE OF 55 HILL AVENUE The City Attorney read the ordinance by title. TIlE SALE OF EXCESS REAL AN ORDINANCE OF THE CITY OF FORT WALTON BEACH AUTHORIZING L AVENUE, FORT WALTON Hn.. BEACH, FLORIDA; PROVIDING PROPERTY SITUATED AT 55 APPROVAL OF TIlE COUNCn.. AUTHORITY; PROVIDING FINDINGS OF FACT; PROVIDING CITY PROPERTY TO HSU 2005 FAMILY CONTRACT FOR SALE AND PURCHASE AND CONVEYANCE OF THE MAYOR AND CITY CLERK; AND TRUST; AUTHORIZING AND DIRECTING CLOSING BY TIlE PROVIDING AN EFFECTIVE DATE. was closed. The Mayor opened the floor for public input. As there was none, the public hearing seconded motion and it carried Mr. Minich moved to adopt Ord. 1690 on second reading. Mr. Campbell Pullen, Hartwell, and Minich in favor. unanimously with Holmes, Patt~rson, Campbell, Tucker, PUBLIC HEARING - ORD. 1691: CODE ENFORCEMENT BOARD The City Attorney read the ordinance by title. FLORIDA; PROVIDING AUTHORITY; AN ORDINANCE OF THE CITY 0 F FORT WALTON BEACH, TO CORRECT INCONSISTENCY AMENDING SECTION 2. 02. 03, TERMS OF MEMBERS, LTh1ITATIONS, LTh1ITATION; PROVIDING FOR REGARDING CODE ENFORCEMENT BOARD MEMBER TERM SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE. the public hearing was closed. The Mayor opened the floor for public input. As there was none, Mr. Patterson moved to adopt Ord. 1691 on second reading. Mr. Minich seconded motion and it carried Pullen, Hartwell, and Minich in favor. unanimously with HoImes, Patterson, Campbell,Tucker, IN CITY PARKS PUBLIC HEARING - ORD. 1692: ALCOHOLIC BEVERAGES The City Attorney read the ordinance by title. A RELATING T()c:ONSUMPTION AN_QRDQ{ANCEQfm~~ ITX OfJ~: QKL'Y\ AL1' Qll' ~E~ CH FL<?~ MING CITY PARKS; ENt) A. : SECTION 7. 05. 05(1), AND POSSESSION OF ALCOHOLIC BEVERAGES IN MANAGER TO PERWT TEMPORARY ALCOHOLIC BEVERAGES IN CITY PARKS; TO AUlliORIZE CITY ALCOHOL IN CITY PARKS; PROVIDING AUTHORIZATION OF CONSUMPTION AND POSSESSION OF OF THE CODE; AND SETTING AN FOR PUNISHMENT BY GENERAL PENALTY PROVISIONS EFFECTIVE DATE.  Regular Council 3- 14- 06 ORD. 1692 cont. 135 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. a vote of 5 to 2 with Patterson, Campbell, Tucker, Pullen, Campbell seconded motion and it carried and Minich in favor and by opposed. Holmes and Hartwell PUBLIC HEARING - ORD. 1695: PURCHASE OF 106 McGRIFF STREET The City Attorney read the NE ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH AUTHORIZING THE PROPERTY STI1JA TED AT 106 MCGRIFF STREET NE, FORT PURCHASE OF REAL AUTHORITY AND CITY COUNCIL WALTON BEACH, FLORIDA, APPROVAL OF TIffi CONTRACT FOR PROVIDING THE PROPERTY FROM SALE AND CONVEYANCE OF EVELYN GRACE PRITCHARD, FKA FORT WALTON BEACH; EVELYN GRACE SADLER TO THE CITY OF AUTHORIZING AND DIRECTING CLOSING CLERK; AND PROVIDING AN BY THE MAYOR AND EFFECTIVE DATE. CITY The Mayor opened the floor for public input. Lee Bobo, 38 Memorial Parkway SW, wished to know the City' s nothing has been decided and staff will return to Council with a plans for the property. The City Manager explained recommended plan of action. Chris Gibson, 249 Brooks Street, wished to know the purchase price of the property. The City contract price is $ 150, 000. 00. Ms. Gibson Manager replied the 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 The City Attorney read the CABLE FRANCmSE ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, OF A FRANCHISE FOR THE FLORIDA, RELATING TO THE USE OF TIlE CITY' S RIGHTS- GRANTING OF- WAY FOR THE RECONSTRUCTION, OPERATION AND MAINTENANCE CONSTRUCTION, OF A CABLE WITHIN THE CITY BY COX COMMUNICATIONS SYSTEM COMMUNICATIONS GULF COAST, L.L.C. ( COX); AUTHORITY; SHORT TITLE; GRANT OF PROVIDING FOR FRANCHISE; RIGHT OF CITY TO ISSUE EFFECTIVE DATE OF FRANCmSE AND FRANCHISE; AN EFFECT UPON EXISTING EXCLUSIVITY; INCORPORATION OF TIlE FRANCHISE; TERM; NON- CABLE ORDINANCE BY REFERENCE CONFLICTS; DEFINITIONS; SERVICE AREA; AND RESOLUTION OF SYSTEM AND CAPACITY; INSPECTION; SYSTEM SERVICES; ACCESS CONSTRUCTION AND AND INSTITUTIONAL INFORMATION AND RIGHTS; EQUAL NETWORK; SUBSCRIBER EMPLOYMENT OPPORTUNITY; RATES; POLICE POWERS; PERFORMANCE FRANCIllSE RENEWAL; SECURITY; REGULA nON; REMEDIES; COOPERATION; WAIVER; CUMULATIVE LIQUIDATED DAMAGES; PROVISION; NOTICES; CAPTIONS; NO ENTIRE FRANCHISE; SEVERABILITY; JOINT VENTURE; TIME IS OF THE ESSENCE; TRANSFER OF FRANCmSE AND ADDmONAL CONSTRUCTION OF FRANCHISE; SERVICES. The City Manager reported the franchise includes a TV channel so the access equipment City can do their own cable programming, an grant of $1 0, 000 and equipment valuedlit $40, 000 public announcements: . plus 100 hours of training, plus~ t$O, OOO for: 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