Fort Walton Beach Council minutes — 01-09-07 regular minutes — reading text

145 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JANUARY 9, 2007 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, January 9, 2007 at 7: 00 p. rn. in the Council Chambers at City Hall, with the following members present: r 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; 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 Buck Dockery, Mary Esther Church of God, gave the invocation. PLEDGE OF ALLEGIANCE Youth from Mary Esther Church of God led in the Pledge of Allegiance. PROCLAMATION The Mayor read a proclamation in recognition of State of Florida Arbor Day 2007 and presented to the City Horticulturist Steve Simpson. 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 Approve the minutes of the Council Workshop of December 12, 2006, and the Regular Council Meeting of December 12, 2006. COASTLINE TREE SERVICE CONTRACT Waive the formal bid procedures and amend original contract awarded to Coastline Tree Service of Destin, FL, from $48, 000 to $ 73, 000 for removal of dead pine trees at the Fort Walton Beach Golf Course. I""'" PUBLIC SAFETY SOFTWARE Purchase SunGard HTE Public Safety CAD 6 software upgrade from SunGard HTE as sole source vendor at the negotiated price of $58, 550. 00 for the purchase, installation and annual maintenance. KNUCKLEBOOM SANITATION VEmCLE Award Bid No. 07- 106 for the purchase of one (1) Knuckleboom Sanitation Vehicle to the lowest responsive, responsible bidder, Ward International Trucks of Pensacola, FL, in the amount of $77, 600. SIDE LOADER REFUSE TRUCK Award Bid No. 07- 102 for the purchase of one ( 1) Side Loader Refuse Truck Vehicle to the lowest responsive, responsible bidder meeting specifications, Action Truck Center of Dothan, AL, in the amount of 194, 000.  Regular Council 1- 9- 07 146 TON EXTENDED WHEELBASE 4X4 SUV Award purchase of one % Ton Extended Wheelbase 4x4 SUV, utilizing the Florida State Contract, to Alan Jay Pontiac, Buick, GMC, Inc, Sebring, FL, in the amount of $36,700. QUASI- JUDICIAL AGENDA-SITE PLAN APPROVAL EXTENSION. COMFORT INN & SUITES Consideration of a request by Pravin Chauhan, representing the property owner, Seabreeze 98, LLC, for a 12- month extension of site plan approval and development order (CRA Case # 05- 17- SP) for Comfort Inn & Suites, located at 137 Miracle Strip Parkway SW. The City Attorney gave the oath to Missy McKim, CDS Director. The CDS Director explained the request is for a 12 month extension of the site plan approval that would be subject to the same conditions imposed upon the project at the time of approval and a Development Order has been prepared that incorporates all the conditions of approval. She reported the CRA Board recommended approval. Dr. Pullen announced he attended the CRA meeting when the item was discussed. The CDS Director submitted the staff report for the record. She confirmed no major changes will be made to the plan but minor changes can be made by staff. She mentioned staff is preparing an ordinance that will better define a minor change and a major change. She also confirmed that the will remain the building height same. As there was no objection, the staff report was entered into the record. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Campbell moved to approve the request for a 12- month extension of the site plan for the Comfort Inn & Suites, located at 137 Miracle Strip Parkway SW, in accordance with Section 12. 45. 07 of the Land Development Code, subject to the conditions imposed upon the project by City Council on January 24, 2006, and the execution of a Development Order that incorporates previous conditions of approval and the extension of time. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. QUASI- JUDICIAL AGENDA-SITE PLAN APPROVAL EXTENSION. JOE & EDDIE' S Consideration of a request by Gerard J. Perillo, III, the property owner, for a 12- month extension of site plan approval and development order ( CRA Case #05- 09- SP) for the construction of a mixed- use condominium, located at 206 Florida Place SE. The City Attorney gave the oath to Rick Cramer, applicant, and noted the CDS Director was still under oath. The CDS Director explained the request is for a 12 month extension of the site plan approval that would be ~ je~~ it:~~~~:~ d h~:~~ t ~~e :~;: pp~~: al e~~ o~~ t ~~;~ ;. e~ ~~;::~ Ct~:~ a~:: fO~: a~ t~~~: O~: l~ r:;~~ e~ H recommended approval and submitted the staff report for the record. ' .' As the applicant had no objection, the staff report was entered into the record. Mr. Holmes moved to approve the request for a 12- month extension for the site plan for Joe & Eddie' s Mixed Use Condominium, located at 206 Florida Place SE, in accordance with Section 12. 45. 07 of the Land Development Code, subject to the conditions imposed upon the project by City Council on January 24, 2006, and the execution of a Development Order that incorporates previous conditions of approval and the extension of time. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor.  Regular Council 1- 9- 07 147 QUASI- JUDICIAL AGENDA-SITE PLAN APPROVAL. McDONALD' S Consideration of a request by Kody Walker, applicant for the property owner, McDonald' s Corporation, for site plan approval and development order ( CRA Case # 06- 17- SP) to construct a new McDonald' s restaurant, located at 31 Eglin Parkway NE ( corner of Hospital Drive). The City Attorney gave the oath to all individuals who expected to speak and noted the CDS Director is still under oath. I""'" Kody Walker, applicant, voiced his objection to condition 2c that requires a cross- access easement with Tiajuana Flats on the north and the property owner on the east. He stated McDonald' s does not believe it is in their best interest and would pose a liability issue. Mike Wright, owner of McDonald' s Restaurant, mentioned his intention to construct a new state of the art building that would better represent the community. He stated that 70% of his business is through the drive- through which goes in a counter- clock wise direction, and where the ingress/ egress is traffic into the drive- through business which would proposed would take negate it and be cost prohibitive for him to do it. Mr. Wright was asked if he was aware the ingress/ egress was required when he purchased the property. Mr. Wright replied he was not. He said he spoke with the Tiajuana Flats franchisees and and he did not see any benefit to either of them or to the they are opposed to it City by creating the easement across the back of the properties. He said if it were for fire engines then the property next to him is his property has road frontage with already tied to Staff Drive and Eglin and Hospital Drive, so there is no real benefit other than creating a through- street where there are traffic conditions that would increase their liability and exposure to people taking short- cuts. The CDS Director explained the condition is found in the Code