Fort Walton Beach Council agenda — 06-14-05 — reading text

1"""" 169 I V EXECUTIVE SESSION \... The City Manager reminded Council of the Executive Session scheduled for Tuesday, May 24, 2005 at 5: 30 p. m. to discuss some pendinglitigation. ADJOURNMENT Being no further business, the meeting adjourned at 8: 30 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK  171 S OF THE CITY COUNCIL EXECU~ SESSION OF THE CITY OF FORT WALTON BEACH, FLORIDA MAY 24, 2005 INTRODUCTION An Executive Session of the City Council of Fort Walton Beach, Florida, was held on Tuesday, May 24, 2005 at 5: 30 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Bill Patterson, Bob Campbell, Mike Holmes, Jim Tucker, Jim Hartwell, and Mike Minich. Absent: Dr. Wayne Pullen. Also Present: Joyce Shanahan, City Manager; City Attorney Toni Craig Teal; and Special Counsel Millard L.Fretland. ,. CALL TO ORDER The Mayor called the meeting to order. Pursuant to Section 286. 011( 8) Florida Statutes, Mr. Fretland requested that Council adjourn to Executive Session so that he, as attorney of record for the City of Fort Walton Beach in William H. Garvie. Martha B. Garvie. Staff Financial Comnanv. a nartnershin. and DB DaulZhters. Inc.. a Florida Cornoration v. The City of Fort Walton Beach. et aI, and Wells FarlZo Home MortlZalZe. Inc. vs. William C. Rhodes and City of Fort Walton Beach, Case No. 04- CA- 2256- S, in the Circuit Court in and for Okaloosa County, Florida, Civil Division, may receive the City Council's advice regarding the strategy to be used in this case and the type of expenses to be incurred. T he entire session will be recorded by a court reporter and the transcript will be filed with the City Clerk and available to the public at the conclusion of the litigation. EXECUTIVE SESSION The public meeting was recessed to convene the Executive Session of the Fort Walton Beach City Council, as noticed by publication in the newspaper of general circulation, the Northwest Florida Daily News on May 20, 2005 to consider the following pending litigation. William H. Garvie. Martha B.Garvie Staff Financial Comnanv. a nartnershin. and DB DaulZhters. a Florida Cornoration v. The City of Fort Walton Beach. et al.Case No. 04- CA2124, Inc.. in the Circuit Court in and for Okaloosa County, Florida, Civic and Wells FarlZo Home MortlZalZe. Inc. vs. William C. Rhodes and City of Fort Walton Beach. Case No. Division.. 04- CA- 2256- S, in the Circuit Court in and for Okaloosa County, Florida, Civil Division. RECONVENED The Executive Session was concluded and the public meeting was reconvened at 6: 10 p.m. ADJOURNMENT Being no further business, the meeting adjourned at 6: 30 p. m. APPROVED: MAYOR: ArrEST: CITY CLERK  I tvr"JTES OF THE REGULAR COUNCIL~ ETING 113 O~ E CITY OF FORT WALTON BEAC~ ORIDA MAY 24, 2005 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, May 24, 2005, 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, Jim Hartwell, and Mike Minich Absent: Dr. Wayne Pullen Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Mike Burton, 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 Rev. Dr. Howard L. Gates, First Baptist Church, gave the Invocation. PLEDGE OF ALLEGIANCE Youth from First Baptist Church led in the Pledge of Allegiance. CERTIFICATES OF APPRECIATION The Mayor presented a Certificate of Ap~ reciation to 2nd. Lt. Justin Herman for the apprehension of a purse snatcher on April 8, 2005. 2n Lt. Nicholas Garvey could not be present but will receive a Certificate of Appreciation as well. CONSENT AGENDA Mr. Campbell moved to approve the following Consent Agenda items. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor (Pullen absent). APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of May 10, 2005. EMERGENCY PURCHASE. CONSTRUCTION OF EARTHEN BERM Ratification of emergency purchases to fund the construction of a 1, 150 foot emergency flood protection berm within the City' s wastewater treatment plant effluent spray field in the amount of 23, 043.50 which included 2, 940 cubic yards of fill dirt in the amount of $ 21, 315. 00, a fuel surcharge for delivery in the amount of $2, 205.00, and one week' s rental of a D-4 class dozer in the amount of $ 1, 600. 00 from Bay Sand Company; and $ 128.50 to Kelly Seed Company to stabilize the berm with vegetation as required by Eglin A. F. B. and the Northwest Florida Water Management District. LEASE AGREEMENT. ALS TRANSPORT AT STATION 7. LEWIS TURNER BLVD. To authorize a five- year lease agreement commencing March 1, 2005 and ending on February 28, 2010, between the City of Fort Walton Beach, Florida, and Okaloosa County, to house Okaloosa County medical services ALS transport unit at the premises known as the City of Fort Walton Beach Emergency Operations Center located at 1968 Lewis Turner Boulevard, Fort Walton Beach, Florida. 174 o o 5/ 24/ 05 BID 05- 111. REHAB OF 103 KIWI PLACE Award bid number 05- 11 for rehabiiitation services of 103 Kiwi Place NE, to the lowest responsive, responsible bidder, R. A. Rhodes Remodeling, Inc. of Crestview, Florida in an amount not to exceed $ 29, 526. 25. AWARD RFQ FOR REPAIR/REPLACE SEAWALL AT GOLF COURSE Award RFQ - Repair/ Replace Bulkhead/ Seawall at FWB Golf Course ( Hurricane Ivan) to the lowest responsive, responsible bidder, Top Notch Construction of Tallahassee, Florida in an amount not to exceed $ 71, 340. and to authorize the City Manager to execute change orders up to 12, 000. RELEASE OF LIEN. 38 POULTON DRIVE NW To release the lien in the amount of $ 3, 020 on the property located at 38 Poulton Drive NW and legal expenses. contingentupon agreement that James C. Mason pay $300 for administrative MUSEUM ASSESSMENT PROGRAM GRANT To authorize the City Manager to execute the Payment Enrollment Form Agreement between the City of Fort Walton Beach and the Institute of Museum and Library Services for the Public Dimension Assessment Agreement # IM03- 05-0151- 05 in the amount of $3, 820 with the City' s share of the grant totaling $ 580, for the Museum Division. LEASE AGREEMENT. KREWE OF BOWLEGS. 20 ROBINWOOD DRIVE To approve the lease agreement with the Krewe of Bowlegs, a not-for-profit organization, for a 1, 2015, with three ( 3) five- ten- year period beginning October 1, 2005 and ending October year for renewals, for property and improvements situated at 20 Robinwood Drive, Fort Walton Beach, the the rent amount of $ 300. 00 per year and payment of all ad valorem taxes assessed on premises, to be negotiable at the end of the first term and each term thereafter. ORD. 1635-0CCUPATIONAL LICENSE TAX The Mayor advised this item was withdrawn due to advertising requirements. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY, PROVIDING FOR THE AMENDMENT OF FORT WALTON BEACH CODE OF 22- ORDINANCES, ARTICLE IV; OCCUPATIONAL LICENSE TAX, BY REPLACING SECTION 98, FEE SCHEDULE, IN IT'S ENTIRETY WITH A NEW OCCUPATIONAL LICENSE FEE SCHEDULE BY INCREASING THE OCCUPATIONAL LICENSE TAX RATES; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. ORD. 1634- AMEND COMP PLAN. 6 PARK CIRCLE SE of The Mayor announced Ord. 1634 and explained the procedures and verified the requirements Section 20- 128( b) of the Land Development Code have been met. The Mayor read the ordinance by title only. THE AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING LOCATED AT 6 PARK CIRCLE CITY'S COMPREHENSIVE PLAN RELATING TO PROPERTY FOR SE: PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING AMENDMENT OF THE FUTURE LAND USE MAP FOR THE PROPERTY FROM MDR ( MEDIUM DENSITY RESIDENTIAL) TO MUCC ( MIXED USE COMMUNITY COMMERCIAL); PROVIDING FOR AN FOR INTERNAL CONSISTENCY; PROVIDING FOR TRANSMITTAL; AND PROVIDING EFFECTIVE DATE.  o 175 5/ 24/ 05 V ORD. 1634 ( CONT) Len Mitchell, Long- Range Planning Manager, advised the request is an 0. 8 acre site located at 6 Park Circle SE. The applicant intends to develop the