Fort Walton Beach Council agenda — 11-28-2006 ‎(regular)‎ — reading text

113 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA NOVEMBER 14, 2006 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, November 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, and Mike Minich Absent: Dr. Wayne Pullen and Jim Hartwell Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, Finance Director; 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 Pastor Roy Mills, Rock Church, gave the invocation. PLEDGE Youth from Rock Church led in the Pledge of Allegiance. PROCLAMATION The Mayor presented a proclamation to Danny White of Omega Psi Phi, proclaiming the week of November 12- 17, 2006 as Achievement Week. CONSENT AGENDA Mr. Patterson moved to approve the following consent agenda items. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, and Minich in favor (Pullen and Hartwell absent). MINUTES Approval of the minutes of the Regular Council Meeting of October 24, 2006, and the Special Council Meetings of October 25, 2006, and October 30, 2006. PLAN OF OPERATIONS 2006 - FAIR ASSOCIATION to Approve request to amend the " Plan of Operations 2006" for the Northwest Florida Fair Association include ( 1) Aroma Senses Merchandise Sale; ( 2) IMA Merchandise Sale; ( 3) Okaloosa Kennel Club Dog Obedient Seminar; (4) Family Christmas Trees, Inc. to sell trees; and ( 5) Southeast Toyota Vehicle Breakout, for the months of November and December 2006. GRANT OF EASEMENT FROM MTM Acceptance of a Grant of Easement from MTM Partners, LLC and members of the Killingsworth SE. family, for utilities through the Villa Di Mare Condominium property at 240 Brooks Street RELEASE LIEN AT 7 TEMPLE AVENUE the Release of lien at 7 Temple Avenue, Fort Walton Beach, in the amount of $ 206, 900, with respondent to pay $ 3, 240. 00 which includes the $ 240. 00 in administrative fees. u_____...--. J  Regular Council 11- 14- 06 11 4 REHAB 121 ROBINWOOD DRIVE Award Bid # 07- 101, Residential Rehabilitation of 121 Robinwood Drive, to the lowest responsive, responsible bidder, R.A. Rhoads Remodeling, Inc. in the amount of $ 24, 090.00, under the City' s Community Development Block Grant Program. PUBLIC HEARING - ORD. 1708: VACATE PORTION OF EASEMENT The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE VACATION, ABANDONMENT, DISCONTINUATION AND CLOSURE OF A PORTION OF EASEMENT ON A PORTION OF VACATED RIGHT-OF- WAY OF A NORTH- SOUTH ALLEY, AS RECORDED IN PLAT BOOK 1042, PAGE 401, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. The CDS Director stated there is nothing further to add and staff recommends approval. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Campbell moved to adopt Ord. 1708 on second reading. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, and Minich in favor ( Pullen and Hartwell absent). PUBLIC HEARING - ORD. 1713: VACANCIES FOR BOARDS/ COMMITTEES The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY, AMENDING SECTION 2. 02. 05 ENTITLED VACANCIES, OF VOLUME II OF THE CODE OF ORDINANCES; RESOLVING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the pUblic hearing was closed. Mr. Holmes moved to adopt Ord. 1713 on second reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, and Minich in favor ( Pullen and Hartwell absent). QUASI-JUDICIAL - AMEND SITE PLAN FOR VILLA DI MARE CONDO PROJECT Consideration of a request by Gary McMichael, managing partner of MTM Partners, Inc, to approve the Development Order for an amendment to the site plan for the addition of a view corridor for the Villa Di Mare Condominium project located at 240 Brooks Street SE. The City Attorney gave the oath to those who expected to testify on the issue. Richard Colbert, representing MTM, offered to answer any questions and explained the request was to eliminate a problem created by an oversight that was missed early in the building process. The CDS Director explained the amendment to the site plan is to provide the required view corridors to meet the intent of the Code. She reported the CRA Board recommended approval of the Development Order with the conditions that all six view corridors depicted on the revised site plan be preserved, and prior to granting any temporary or final Certificates of Occupancy, the abutting property owner to the west must grant a perpetual view corridor easement naming the City as a party with enforcement authority, guaranteeing the maintenance of a view corridor that meets all requirements. She submitted the staff report for the record. As the applicant had no objection, the staff report was entered into the record. Regular Council 11- 14- Ub 115 AMEND SITE PLAN FOR VILLA DI MARE CONDO PROJECT cont. The Mayor opened the public hearing. Kabe Woods, future homeowner of Villa Di Mare, requested Council approve the request. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich received clarification the view corridor definition contained in the ordinance states that view corridors ". . shall be wholly contained on the subject property." The CDS Director stated that staff feels the revised site plan meets the intent of the ordinance because it provides for view corridors that intersect, but do not overlap. She advised staff is going to prepare a Code amendment to clarify the definition and make consistent the intent and requirements of the view corridor in the MUW zoning district. The CDS Director stated her feeling that in correcting the mistake on this project, the ordinance will be improved. Mr. Tucker stated his thoughts that property owners should be better compensated for view corridors since they are giving up their property rights so the public can view the water. The CDS Director informed that landowners are not compensated for view corridors as they are a requirement; however, density bonuses are provided for other things. Mr. Campbell was informed the project should be completed in a couple of weeks. Mr. Tucker moved to approve the request to approve the Development Order for an amendment to the site plan for the addition of a view corridor for the Villa Di Mare Condominium project located at 240 Brooks Street SE. Mr. Campbell seconded motion. Mr. Minich expressed his feeling that the ordinance is being amended to correct an error, and although he wants to see the project completed, he will not support the motion. He also asked why have an ordinance and rules if they are not going to be enforced. Mr. Holmes expressed his displeasure that Council is being put in the position to correct the error of another, and that by amending the ordinance they could be setting precedence if something like this should happen again. He stated he does not think the error was the fault of the City; but if it was that definitely needs to be looked at. Mr. Holmes stated he will support the motion because the project needs to be completed. Mr. Tucker included his comments that the ordinance makes the restrictions too stringent for private property owners. Mr. Patterson stated he feels the City does share some responsibility for this error, and asked where the inspectors were during the building process. Discussion was held with an exchange of views on the requirements of view corridors and the status of Villa Di Mare if the amendment is not approved. The City Attorney explained that the project is under a cease work until the amendment is made and there will be no issuance of temporary Certificate of Occupancy until it is addressed. She said if it is not approved they will have to go back to the drawing board, and she cannot predict how that will end up.  Regular Council 11- 14- 06 116 AMEND SITE PLAN FOR VILLA 01 MARE CONDO PROJECT cont. The CDS Director stated that staff looked at all the options when it was realized they had not met the view corridor, that staff is comfortable with the amendment, and that the alternative in order to only meet the view corridor at this point is to remove a of building or a portion abuilding. The Mayor called for the vote on the motion and it carried by a vote of 4 to 1 with Holmes, Patterson, Campbell, and Tucker in favor and Minich opposed ( Pullen and Hartwell absent). GENERAL PUBLIC Sam Kinkaid, future homeowner of Villa Di Mare, addressed the parking issue on Brooks Street and asked whether the ' No Parking' signs could be removed or the street widened to provide additional parking for the project. The City Manager mentioned the City received concerns from the residents about the parking conditions on Brooks Street, especially around the curves. She said Public Works studied the area and the ' No Parking' signs were installed. She said the issue was the visibility around the curve and the issue was complicated by contractors/ sub parking on the street. She said staff will take another look at the issue and make a determination. REQUEST TO EXCHANGE PROPERTY Consideration of a request from Rev. S. L.