Fort Walton Beach Council minutes — 01-24-06 regular minutes — reading text

93 MINUTES OF THE REGULiAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JANUARY 24, 2006 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, January 24, 2006, at 7: 00 p. m. in the Council Chambers at City Hall, with the members following present: Mayor Mike Anderson Councilmen: Mike Holmes, William Patterson, Bob Campbell, Jim Tucker, Dr. Wayne Pullen, and Mike Minich Absent: Jim Hartwell Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director Vacant) ; 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 Charles Sansom, Sr., Family of Faith, gave the Invocation. PLEDGE OF ALLEGIANCE Youth from Family of Faith led in the Pledge of Allegiance. PROCLAMATIONS The Mayor presented retirement proclamations and plaques to Nancy McDonald of Public Works/ Engineering and Terry Clarno of the Police Department for 29 years of service, and Bob Iversen of CDS /Inspections for 23 years of service to the City. AWARDS & RECOGNITIONS The Mayor presented Katie Liufau of Fort Walton Beach High School and Leland Hollis of Choctawhatchee High School with this months Student ACE Awards. CONSENT AGENDA Mr. Campbell moved to approve the following Consent Agenda items. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor (Hartwell absent). APPROVAL OF MINUTES r'""""- Approval of the minutes of the Executive Session of January 10, 2006, and the Regular Council Meeting of January 10, 2006. BID 06- 109. GOLF COURSE EQUIPMENT Award Bid # 06- 109, purchase of golf course equipment to the lowest responsive, responsible bidders, as follows: ( 2) green aerifers to Jerry Pate Turf of Pensacola, FL, for the bid amount of 32, 143. 32; utility tractor to Wise Equipment of Crestview, FL, for the bid amount of $15, 797.00; and rotary contour rough mower to Beard Equipment of Mobile, AL, for the bid amount of 14, 800.00, for a total amount of $ 62, 740.32.  94 01/24/ 06 GRANT OF EASEMENT - NWEC DEVELOPMENT. 113 BROOKS STREET SE To accept a grant of easement from NWEC Development, LLC, for sidewalk and utilities along the south side of Brooks Street on the Indianola on the Water Condominium property located at 113 Brooks Street SE. ACCEPT QUITCLAIM- DEED- MTM PARTNERS. 240 BROOKS STREET SE To accept a quit claim deed from MTM Partners, LLC, for an additional righto- f- way along the south side of Brooks Street in front of Villa Di Mare located at 240 Brooks Street SE. GRANT OF EASEMENTCRYSTAL - BEACH DEVELOPMENT. 544 MARY ESTHER CUTOFF To accept a grant of easement from Crystal Beach Development Company of Northwest Florida, for sidewalk and utilities along Mary Esther Cut- Off in front of Longhorn Steak House located at 544 Mary Esther Cut-Off NW. PUBLIC HEARING AGENDA-ORD. 1680. AMEND SIGN REGULATIONS The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; ADDING SECTION 12. 81. 038, ENTITLED "PUBLIC SCHOOLS IN THE EF ZONING DISTRICT," TO VOLUME IV, LAND DEVELOPMENT CODE; ESTABLISHING SPECIFIC USE SIGN REGULATIONS FOR PUBLIC SCHOOLS LOCATED IN THE EF EDUCATIONAL FACILITIES DISTRICTS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1680 on second reading. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor (Hartwell absent). ORD. 1681. AMEND DEFINITION OF VIEW CORRIDOR IN LDC The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; AMENDING THE DEFINITION OF ''VIEW CORRIDOR" IN CHAPTER 12. 20, VOLUME IV, LAND DEVELOPMENT CODE, TO INCLUDE AREAS PERPENDICULAR TO BUILDINGS WITH HISTORICAL SIGNIFICANCE AND ARCHAEOLOGICAL SITES; AMENDING SECTION 12.457. 05, SITE DEVELOPMENT STANDARDS, CHAPTER 12.457, MUW- 18 MIXED- USE WATERFRONT DISTRICT, VOLUME IV, LAND DEVELOPMENT CODE, TO ALLOW CANTILEVERED BALCONIES ABOVE THE FIRST FLOOR TO ENCROACH INTO VIEW CORRIDORS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Campbell moved to adopt Ord. 1681 on second reading. Mr. Patterson seconded motion and it carried by a vote of 5 to 1 with Holmes, Patterson, Tucker, and Pullen in Campbell, favor and Minich opposed ( Hartwell absent). 1  95 01- 24- 06 ORD. 1682. REZONE PROPERTY AT 122 HOLLYWOOD BLVD. The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF PROPERTY LOCATED AT 122 HOLLYWOOD BOULEVARD SE, AND OWNED BYTHE HOLLYWOOD CHURCH OF GOD IN CHRIST; PROVIDING AUTHORITY; PROVIDING FINDINGS OF FACT; REZONING PROPERTY FROM C- 1 LIMITED COMMERCIAL DISTRICT AND C- 2 GENERAL COMMERCIAL DISTRICT TO CF COMMUNITY FACILITIES DISTRICT, AMENDING THE OFFICIAL ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. IV The City Attorney announced a quasi-judicial proceeding and swore in those who planned to testify. The applicant was not present. Missy McKim, CDS Director, advised the Municipal Planning Board recommended approval ofthe request at their December meeting. As there were no objections, the Staff Report was entered into the record. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1682 on second reading. Dr. Pullen seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor Hartwell absent). CENTRAL PARK AT UPTOWN STATION Reconsider or rescind approval of funding " Central Park" to be located at Uptown Station, budgeting CRA funds beginning in years 2006- 07 through 2010- 2011 in the amount of$ 147, 103 per year for five years, for a total amount of $ 735, 515, representing 70% of the total project construction costs as approved at the January 10, 2006 City Council Meeting. Mr. Campbell advised he brought this item back to Council because there are many legal and budget issues that still need to be considered. Jay Odom, owner of Uptown Station, withdrew his request for funding of the project, and commended Council for their previous approval. The City Attorney advised that with Mr. Odom' s request to withdraw funding of the project, no further action is needed from Council. Phyllis Watson, 219 Watson Drive, thanked Mr. Odom for withdrawing his request for funding. SITE PLAN APPROVAL-COMFORT INN & SUITES. 137 MIRACLE STRIP PARKWAY Consideration of site plan approval for Comfort Inn & Suites, located at 137 Miracle Strip Parkway SW by the applicant, Choctaw Engineering, Inc., for the owner Seabreeze 98, LLC, to include the demolition of all existing buildings, structures, pavements and construction of a four-story, 75 unit hotel, including some retail and office space fronting on Miracle Strip Parkway. The City Attorney announced a quasi-judicial proceeding and swore in those who planed to testify. Peggy Fowler, Planner II, advised the project will include the demolition of an existing abandoned restaurant building, swimming pool and all other existing structures and pavement on the site. A shared parking agreement shall be prepared for property to the east, consisting of Lots 6 & 7 of the Seabreeze Eighth Addition. 96 01/24/ 06 COMFORT INN & SUITES ( CONTI As there were no objections, the Staff Report was entered into the record. Dr. Pullen moved to approve the site plan for the Comfort Inn & Suites to be located at 137 Miracle Strip Parkway SW, subject to the following conditions: Note: This recommendation is based upon the application and site plan developed by Choctaw Engineering, Inc. (project O~ e~~(~~~::: ~~~~~~ a~i~~~": t~~ p~~ y ~~~ e~ 51n~~: a~~~ ~~~~:~~ fural \~!..' !.... 1) Prior to application for bu ilding permit: a. The site plan must be revised to include a solid wood privacy fence along the f.... northern property line and along the west property line to the north parcel line ofthe Pizza Hut property, to meet buffer regulations between a commercial use and the adjacent residential uses to the north and west. b. A landscape plan prepared by a professional landscape architect or nurseryman must be submitted and approved by CDS staff. The plan must comply with all applicable regulations in Section 12. 73 ofthe LDC. Design for an irrigation system with a well must be provided. The plan shall identify the preserved trees on the site and include a note that states " No protected tree identified for preservation on this plan shall be removed without documentation from the City stating that the tree is diseased, dead, or poses a hazard." c. The plans must address all applicable items submitted by Public Works, Utilities and Building Inspections staff in memorandums distributed at