Fort Walton Beach Council minutes — 11-14-06 regular minutes — reading text

113 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA NOVEMBER 14, 2006 INTRODUCTION Florida, was held on Tuesday, November A regular meeting of the City Council of Fort Walton Beach, the following members present: 14, 2006, at 7: 00 p. m. in the Council Chambers at City Hall, with I"'" Mayor Mike Anderson and Mike Minich Councilmen: Mike Holmes, William Patterson, Bob Campbell, Jim Tucker, Absent: Dr. Wayne Pullen and Jim Hartwell Clerk; Lisa Absher, Finance Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Director; Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER who wished to The Mayor called the meeting to order and welcomed everyone. He requested anyone then state his or her name and address Council to approach the podium after being recognized, 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 items. Mr. Tucker seconded Mr. Patterson moved to approve the following consent agenda Tucker, and Minich in motion and it carried unanimously with Holmes, Patterson, Campbell, favor (Pullen and Hartwell absent). MINUTES of October 24, 2006, and the Special Council Approval of the minutes of the Regular Council Meeting Meetings of October 25, 2006, and October 30, 2006. PLAN OF OPERATIONS 2006 . FAIR ASSOCIATION 2006" for the Northwest Florida Fair Association to Approve request to amend the " Plan of Operations Sale; ( 3) Okaloosa Kennel Club include ( 1) Aroma Senses Merchandise Sale; ( 2) IMA Merchandise Trees, Inc. to sell trees; and ( 5) Southeast Toyota Dog Obedient Seminar; ( 4) Family Christmas 2006. Vehicle Breakout, for the months of November and December GRANT OF EASEMENT FROM MTM Partners, LLC and members of the Killingsworth Acceptance of a Grant of Easement from MTM at 240 Brooks Street SE. family, for utilities through the Villa Di Mare Condominium property RELEASE LIEN AT 7 TEMPLE AVENUE in the amount of $ 206, 900, with the Release of lien at 7 Temple Avenue, Fort Walton Beach, fees. respondentto pay $ 3, 240. 00 which includes the $ 240.00 in administrative  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 that missed oversight was 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 of the approval 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.  11- 14- 06 Regular Council 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. I"""'" that view Mr. Minich received clarification the view corridor definition contained in the ordinance states that staff corridors ". . shall be wholly contained on the subject property." The CDS Director stated the intent of the ordinance because it provides for view corridors that feels the revised site plan meets to Code amendment to clarify the intersect, but do not overlap. She advised staff is going prepare a definition and make consistent the intent and requirements of the view corridor in the MUW zoning the district. The CDS Director stated her feeling that in correcting the mistake on this project, ordinance will be improved. Mr. Tucker stated his thoughts that property owners should be better compensated for view corridors the public can view the water. The CDS Director since they are giving up their property rights so 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. for an Mr. Tucker moved to approve the request to approve the Development Order of view corridor for the Villa Di Mare amendment to the site plan for the addition a Condominium project located at 240 Brooks Street SE. Mr. Campbell seconded motion. and Mr. Minich expressed his feeling that the ordinance is being amended to correct an error, motion. He also asked why although he wants to see the project completed, he will not support the have an ordinance and rules if they are not going to be enforced. the error of Mr. Holmes expressed his displeasure that Council is being put in the position to correct 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 definitelyneeds to be looked at. Mr. Holmes stated he will support the motion because the project needs to be completed. for private Mr. Tucker included his comments that the ordinance makes the restrictions too stringent property owners. error, and asked where Mr. Patterson stated he feels the