Fort Walton Beach Council minutes — 09-25-07 regular minutes — reading text

147 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 25, 2007 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, September 25, 2007, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich 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 Brad Bynum, Destin Church of Christ, gave the Invocation. PLEDGE Youth from Destin Church of Christ led in the Pledge of Allegiance. ABSENCE OF CITY MANAGER The Mayor announced that the City Manager was being honored at the Second Annual Athena Award Ceremony and would be absent from tonight's meeting. PRESENTATIONS Police Chief Ted Litschauer explained a fund raiser was held to purchase two certified trained drug dogs, and he introduced the City of Fort Walton Beach Canine Unit led by Cpl. Donny Yeakos and K-9 " Catty." STUDENT AWARD FOR CIVIC EXCELLENCE ( ACE) The Mayor presented the Student ACE Award to Samuel Venuti, Choctawhatchee High School. PROCLAMATION- DOG DAZE Aimee Schaeffer accepted the proclamation for Dog Daze to be held at the Fort Walton Landing on September 29. PROCLAMATION- LEN MITCHELL The Mayor presented a proclamation and plaque to Len Mitchell, Long- Range Planning Manager in the City' s CDS Division, upon his retirement after 17 years of dedicated service to the City. APPROVAL OF AGENDA The Mayor asked for the approval of the agenda with the understanding that Item 22 regarding the employment of the Finance Director has been withdrawn. Mr. Minich moved to approve the agenda as presented. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. 148 Regular Council 9/ 25/ 07 CONSENT AGENDA The Mayor commented that on the Consent Agenda, questions of clarification are permitted and understood to take place; however, an item should be pulled only if there is a possibility it will be voted against and discussion will occur. In regard to the minutes, the Mayor advised that if typographical errors are found before the meeting to let Staff know so they can be corrected beforehand. Mr. Minich moved to approve the following Consent Agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. APPROVAL OF MINUTES Approval of the minutes of the Executive Session of September 5, 2007; the Special Council Meeting of September 5, 2007, as amended; the Executive Session of September 11, 2007; the Council Workshop of September 11, 2007; and the Regular Council Meeting of September 11, 2007. TOURING PROGRAM PRESENTER SUPPORT GRANT Consideration of Council approval to permit the Fort Walton Beach Library to expend funds received in the State Touring Program Presenter Support Application. SPECIAL PRESENTATIONS Presentation by Okaloosa County Commissioner James Campbell requesting support for a County-wide Recreation Cooperative. Commissioner James Campbell explained the purpose of the cooperative would be to allow residents of unincorporated Okaloosa County to participate in City parks and recreation programs and activities at the same fee as City residents, and in exchange the County would provide funding to participating cities most likely based upon percentage of participation. Commissioner Campbell requested Council' s support of the concept, and advised that several neighboring municipalities have supported the concept. Mr. Minich moved to support in concept the Cooperative Agreement for Recreation Services as presented. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. QUASI-JUDICIAL- oRD. 1733. REZONING PROPERTY AT 403 HOLLYWOOD The City Attorney read the ordinance by title. She announced a quasi-judicial proceeding and swore in those who planned to testify. 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 403 HOLLYWOOD BOULEVARD NW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R- 2 MULTIFAMILY DWELLING DISTRICT TO MUCC- 1 MIXED USE COMMUNITY ....... COMMERCIAL DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  149 9/ 25/ 07 Regular Council ORD. 1733 ( CONn Len Mitchell, Long- Range Planning Manager, advised this ordinance will rezone the property at 403 Hollywood Boulevard, NW, and is a private request that was initiated about a year ago. Mr. Mitchell informed the applicant has paid the $ 775. 00 rezoning application fee and deposit, and that the Municipal Planning Board has recommended that City Council approve the ordinance. As there were no objections, the Staff Report was entered into the record. The Mayor opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. 1733 on first reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. QUASIJ-UDICIAL-1736, REZONING PROPERTY AT 653 COUNTRY CLUB ORD. The City Attorney read the ordinance by title. She announced a quasi-judicial proceeding and swore in those who planned to testify. 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 653 COUNTRY CLUB AVENUE NE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM OKALOOSA COUNTY RUS RESIDENTIAL URBAN SINGLE DISTRICT TO CITY OF FORT WALTON BEACH R- 1A SINGLE- FAMILY DWELLING DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Mitchell explained that this request is the completion of a voluntary annexation process of the property, and that the Municipal Planning Board has recommended that City Council approve the ordinance. As there were no objections, the Staff Report was entered into the record. Discussion ensued there may be code violations against the property, but that has nothing to do with the annexation process. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1736 on first reading. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. SITE PLAN AMENDMENT. TRUSTMARK BANK. 100 EGLIN PARKWAY NE Consideration of a request from Jason Floyd, Project Architect, for amendment to site plan approval for Trustmark Bank, owner, for Trustmark Bank Building, located at 100 Eglin Parkway NE. The consists of the construction of a 6, 884 square foot, two- story building which will project be used for banking services. The City Attorney announced a quasi-judicial proceeding and swore in those who planned to testify. Steven Bell of Jackson, Mississippi, representing Trustmark Bank, advised the change being requested is in the elevations and materials of the building. 150 Regular Council 9/ 25/ 07 SITE PLAN AMENDMENT - TRUSTMARK BANK ( CONn Mr. Bell informed that the change is due to a corporate makeover by Trustmark Bank, and that this design is being incorporated in all Trustmark Banks currently being constructed. Upon questioning by Council, Mr. Bell informed that if their request for the site plan amendment was notapproved, the organization might opt not to build in the City. Christy Johnson, Principal Planner, clarified that the CRA Board approved the amended site plan at their meeting on September 5, 2007. She advised that Staff has requested that the applicant incorporate some of the architectural details of the Trustmark Bank located in Destin into the proposed bank on Eglin Parkway, but the applicant has not agreed to that. As there were no objections, the Staff Report, with the additional photo of the proposed building distributed by Mr. Bell, was entered into the record. Council received clarification that they are being asked to approve the amended Developmental Order for the Trustmark Bank building, with the original conditions of approval. Missy McKim, CDS Director, explained Staff's feeling that the proposed architectural style and materials for the building are not consistent with the CRA Plan 2007, as it is not in character with the urban environment where pedestrian access is encouraged; rather, it is more in character with a suburban area. Ms. McKim presented and explained the three elevations Council is being asked to consider: the original site plan approved in October of 2006; the amended site plan approved by the CRA on September 5, 2007; and the Trustmark Bank Building in Destin, which incorporates some of the architectural standards of the CRA Plan, and is the one Staff is recommending. Ms. McKim explained Staff is recommending the Trustmark Bank in Destin as a compromise to the applicant. Discussion ensued as to Staff' s concern that a precedent could be set in allowing a compromise to what was originallyapproved for the site. Ms. McKim acknowledged that amendments to original building designs of a lesser quality are becoming more frequent, and there is a concern that the feeling of what is trying to be accomplished in the CRA area will be lost if amendments continue to be approved. Further discussion included the need for architectural guidelines and standards and that the purpose of the CRA site plan approval process is to ensure projects meet the guidelines of the CRA Plan as well as the Urban Master Plan. The City Attorney received clarification that the CRA approved what was submitted by the applicant as an amended site plan, and that the approval by the CRA did not incorporate the design of the Trustmark Bank in Destin. Additional discussion included cost considerations of the applicant to build the building, as well as the Trustmark organizations corporate makeover and that the original building does not fit into that makeover; and Staff' s concern that the building submitted does not meet the guidelines of the Urban Master Plan. The Mayor opened the public hearing. There was none.