Fort Walton Beach Council agenda — 01-24-12 regular — reading text

-9504 850- 833 -9640 ( F.) Please Note: Florida has a very broad public records law. Most written communication to or from the City effort Walton Beach officials are public records available to the public and media upon request. Your e- mail address and communications may therefore be subject to public disclosure. From: Nikki and Clay ... [ mailto:nikandclay @yahoo. coml Sent: Tuesday, November 29, 2011 12: 42 PM To: Robert Mearns Cc: tedcorcoran @fwbchamber.org Subject: Permit change request Dear Mr. Mearns, Thank you for taking your time and listening to my request on Monday November 28 in your office. To reiterate, my son Clay Wilson, his wife Nikki, and myself are studying the feasibility of a new business in the Florida Panhandle. Specifically we would like to cater events centered around food and activities. The food would be fresh and cooked on site ( some food would be prepared in our kitchen and transported by insulated food transports). Different menus will be offered with a New England style clambake being featured. Other offerings will include whole Hog Pig roast and Louisiana crawl fish boil. As to the event portion we will either include outdoor activities, ic, volleyball nets, horse shoes, bad mitten or offer them as an option. For the children, we have the air filled jumping equipment. These are set up by our employees for the guest to enjoy while waiting for the main course, the food. Now comes the purpose of this letter. Currently the City parks ( along with County, Federal and State parks) prohibit the consumption of alcohol within the parks. With this being an old restriction marine could make this style of event feisable. Any experienced operator will attest to this. The State has made provisions to allow the sale of alcohol offsite through a class of license CT -13. The hangup comes when it can't be dispensed in a park of any kind. Currently, Okaloosa county has granted exceptions of this policy by allowing the Crab Trap in Destin and the Boardwalk in Fort Walton to dispense alcohol to customers on county property. We realize any change in laws pertaining to alcohol tends to raise eyebrows and we can appreciate this, but we will only serve drinks by either the glass or can container and since we would be operating under a CT -13 we must be very diligent on our responsibilities. Just a little history here, years ago, When I was the Co -owner of the Sound Restaurant we started a very popular Sunday brunch that started at 10: 30 every Sunday. The problem was in the City, alcohol was prohibited to be sold until 1: 00 PM. Customers could not enjoy any alcohol beverage of any kind. The City took the request and after little discussion passed on the issue and the City then allowed us to serve drinks when accompanied by food. I don' t recall that this change ever caused one incident. We are again visiting this touchy issue but our thoughts are that level minds will prevail and you will grant our request. Granted it may provide limited number of jobs but a few is much better than none. Packet Pg. 136 11/ 30/ 2011  Page 3 of 3 14. 3. d Thank you once more for your time, attention and understanding. Chris Wilson Packet Pg. 137 11/ 30/ 2011  14.3. e 8. 03. 08 Alcohol Use for Events: During temporary or special events to be conducted at, upon, or on any public street, sidewalk, eight -of -way, parking lot, in any alley, city park, city recreational or cultural center, city softball complex, city tennis complex, or other public property, the city manager may permit temporary authority for individuals to consume or possess any alcoholic beverage in any cup, can, bottle, or other open container. 8. 03.09 Appeals: If an application for a temporary or special event permit is denied, the applicant shall have five days from the date of the written denial to request that the city council reviews the denial. The applicant must be physically present or represented by an agent, authorized in writing to represent the applicant, at the council meeting during which the application will be reviewed. After consideration of the application and the reasons for denial, the city council shall have the authority to grant or deny the application. Packet Pg. 138  14. 3.f CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: November 30, 2011 TO: Honorable Mayor and Council Members FROM: Robert T. Means, City Manager SUBJECT: Wilson Appeal On Monday, November 28, 2011 1 was visited by Mr. Chris Wilson who sought information regarding the use of City parks as a locale for events he would either sponsor or cater. The events would not be open to the public, occur on a regular basis, and alcohol would be served at these occasions. I asked him to send me a letter or e- mail me his exact request so that I could respond to him in writing. On Tuesday, November 29, 2011 Mr. Wilson sent the attached e -mail, to which I responded with the attached return e- mail the same day. In short, the request was denied based on the language in the Code of Ordinances ( attached) that governs the consumption of alcohol in public parks. The section states that the city manager may grant temporary approvals for the consumption of alcoholic beverages for temporary or special events. Mr. Wilson' s proposal did not appear to me to be either a temporary or special event but rather an on -going concern. Therefore, I could not grant approval of his request and it was denied. Included in my e -mail informing him of the denial was information in the Code that provides for an appeal to the City Council of the denial of his request. On Wednesday, November 30, 2011 Mr. Wilson appeared at city hall and requested that he be placed on the next agenda ( December 13, 2011) to appeal the denial of his request. He later c- mailed his request to me. That request is attached. Lease Options On City Owned Propenies Packet Pg. 139  14 .4 City Council of Fort Walton Beach 0 To: CITY MANAGER MEMORANDUM Robert T. Meams, City Manager From: Carole Jones, Executive Assistant Date: January 24, 2012 Subject: Surplus City Property ATTACHMENTS: 1 - 24 -12 Memo Property Bayou Woods ( DOC) 1- 24- 12 Bayou Woods ( PDF) SIGNATURE BLOCK: Carole Jones Completed 11/ 17/ 20112: 02 PM Carole Jones Completed 11/ 17/ 2011 2: 02 PM City Manager Completed O 1/ 18/ 201210: 45 AM City Council Pending Packet Pg. 140  t4.4.a CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: January 13, 2012 TO: Honorable Mayor and Council Members FROM: Robert T. Meams, City Manager SUBJECT: Bayou Woods Surplus Property 1. Background 1. 1 Bayou Woods Drive NW consists of 1. 87+ acres of Lots 1 to 7 in Block 3 of the Bayou Woods subdivision ( attached), platted in 1958 and purchased by the City in 1961. The lots abut an approximately five (5) acre vacant parcel that was used as a " sand" pit in the 1950' s and 1960' s then filled with yard and horticultural waste and covered with earth. In 1961 the City Council discussed the property but took no formal action on the issue then or since. There is nothing in the minutes of fifty years ago other than a brief discussion by one Council member that the property " can be developed into a park ". That is the extent of the property being designated a park. 1. 2 The property has the land use category designation of Recreation and is zoned R1A, Residential. The land use category would have to be changed to Residential prior to sale of the property. 2. Discussion 2. 1 The City has conducted a Phase I and Phase II environmental audit as well as a geotechnical analysis to determine the quality and stability of the land for development. The Phase II environmental audit has not yet been completed. From a geotechnieal perspective the large parcel is unstable and would require either excavation and backfill or pilings to support any load bearing structure( s). The seven lots do not appear to be affected by either of these problems. 2. 2 In order to provide access to the large parcel from Bayou Woods Drive either an casement would have to be created through one or more of the seven lots, an entire lot designated as an access, or the area could be re- platted with dedicated access points. 2. 3 The land is surplus because of the nearly five ( 5) acres of open space abutting the eastern lot lines of the seven lots; and that there is a developed 2. 7 acre park four 4) blocks west, at the southeast comer of Sotir Street and Memorial Parkway. 2. 4 The disposition of excess City real property is set forth in Section 2. 00. 05 of the Bayou Woods Property Packet P9. 141  14. 4. a City Code, attached to this memo. To begin the process for disposal of the property the Code states: Any city real property declared to be surplus by the city council may be disposed of in a manner declared by the city council, including but not limited to scaled bid, auction and negotiated sale. The city manager shall cause written notice of intent to dispose of property to be sent to abutting property owners, if any, and advertised twice in the legal advertisement section in a newspaper having general circulation within the city; advising the date by which proposals or offers must be received. Once a contract for sale has been negotiated to the satisfaction of