Fort Walton Beach Council minutes — 04-25-06 regular minutes — reading text

MINUTES OF THE REGULAR COUNCIL MEETING 185 OF THE CITY OF FORT WALTON BEACH, FLORIDA APRIL 25, 2006 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, April 25, 2006, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson t""'" 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 Buck Dockery of Mary Esther Church of God gave the Invocation. PRESENTATION OF COLORS The Thunderbird Honor Guard presented the colors. PLEDGE OF ALLEGIANCE Youth from Mary Esther Church of God led in the Pledge of Allegiance. PROCLAMATIONS- AMERICAN INDIAN WEEKS The Mayor presented a proclamation to Ann Tucker, Chairwoman of the Muscogee Nation, for American the Native American flute. Indian Weeks. Ed Winddancer, performer, played an Indian melody on GREATER FORT WALTON BEACH CHAMBER OF COMMERCE DAY Chamber of The Mayor presented a proclamation to Bruce Marshall, Chairman of the Board of the Commerce, and Ted Corcoran, Chamber President, in honor of Chamber of Commerce Day. VOLUNTEER APPRECIATION WEEK volunteers during The Mayor presented a proclamation to City Clerk Helen Spencer in honor of the City' s Volunteer Appreciation Week. RETIREMENT - ZANE BELL The Mayor presented a proclamation to Zane Bell for his 28 years of service to the City. I""" ACE AWARDS and Frederick The Mayor presented the ACE Awards to David Williams, Fort Walton Beach High School Derek" Carter, Choctawhatchee High School. CONSENT AGENDA Mr. Patterson moved to approve the following Consent Agenda items. Mr. Holmes seconded motion. Dr. Pullen asked to remove Item 2 from the Consent Agenda. 186 Regular Council Meeting 4/ 25/ 06 CONSENT AGENDA CCONT) Mr. Patterson amended his motion to remove Item 2 from the Consent Agenda and approve the minutes. Mr. Holmes accepted the amendment. APPROVAL OF MINUTES The Mayor called for the vote on the motion to approve the minutes of the Council Workshop of April 11, 2006, and the Regular Council Meeting of April 11, 2006 and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor (Hartwell absent). The following item was removed from the Consent Agenda and voted on separately. MASTER PLAN FOR FAIRGROUNDS/SOFTBALL COMPLEX Consideration of a request to authorize the City Manager to solicit requests for proposal to master plan the Fairgrounds/ Softball Complex. Dr. Pullen moved to delay discussion on this item to a workshop so that a master plan can be discussed. Mr. Patterson seconded motion. Dr. Pullen clarified that Council has not discussed exactly what they want to do with the property, and that a workshop would bring ideas forward. The City Manager explained that the master plan process would involve a workshop with Council to understand the direction they want to go, whereby public workshops would be held. She advised the only thing she is requesting this evening is to solicit bids. With that information, Dr. Pullen withdrew his motion. Mr. Minich moved to authorize the City Manager to solicit requests for proposal to master plan the Fairgrounds/ Softball Complex. Mr. Campbell seconded motion and it carried by a vote of 5 to 1 with Holmes, Patterson, Campbell, Tucker, and Minich in favor and Pullen opposed ( Hartwell absent). PUBLIC HEARING AGENDA-ORD . 1685. ANNEXATION OF 1940- 1950 LEWIS TURNER BLVD. The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; RELATING TO THE ANNEXATION OF A PARCEL OF LAND SITUATED IN THE UNINCORPORATED AREA OF OKALOOSA COUNTY IN THE SOUTH ~ OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 24 WEST AND HAVING THE PHYSICAL ADDRESS OF 1940- 1950 LEWIS TURNER BOULEVARD; MAKING FINDINGS OF FACT; AUTHORIZING THE PETITION FOR ANNEXATION; ANNEXING THE DESCRIBED PROPERTY PURSUANT TO LAW AND REDEFINING THE MUNICIPAL BOUNDARY; AND SETTING AN EFFECTIVE DATE. Len Mitchell, Long- Range Planning Manager, announced there were no additional comments regarding this ordinance. i The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Holmes moved to adopt Ord. 1685 on second reading. Mr. Campbell seconded the motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor Hartwell absent).  187 4/ 25/ 06 Regular Council Meeting ORD. 1689- REZONING PROPERTIES FROM HC TO MUMS. BEAL PARKWAY/ HARBESON AVENUE 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; PROVIDING FOR THE REZONING OF THE AREA GENERALLY DESCRIBED AS THE PROPERTIES ON THE EAST SIDE OF BEAL PARKWAY SE I"'"BETWEEN US HIGHWAY 98 ( SR 30) AND HARBESON AVENUE SE, LYING SOUTH OF FIRST STREET SE, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM HC HIGHWAY COMMERCIAL DISTRICT TO MUMS MIXED- USE MAIN STREET DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Mr. Mitchell informed the City has initiated an area wide request to rezone the area between Beal Parkway and Harbeson Avenue SE, and from First Street to Miracle Strip Parkway SE, from HC Highway Commercial to MUMS Mixed- Use Main Street District, in order to implement the Future Land Use designation for this area. Mr. Mitchell advised the MPB recommended approval at their April 6, 2006 meeting. The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1689 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor ( Hartwell absent). ORD. 1693- REZONING PROPERTY FROM R- 1 AND C- 2 TO OS. 923 DENTON BOULEVARD The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 923 DENTON BOULEVARD; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R- 1 SINGLE FAMILY DWELLING DISTRICT AND C- 2 GENERAL COMMERCIAL DISTRICT TO OS OPEN SPACE AND RECREATION DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. If approved, request Council direction on applicant's request for a refund of the $ 775 application fee/ deposit. The City Attorney announced a quasi-judicial proceeding and swore in those who planned to testify on this ordinance. Mr. Mitchell informed the request has come from the Boys/ Girls Club of the Emerald Coast who are the FLUM in 2000 seeking to add new facilities to the club. The request site was REC, Recreational, on and the zoning has not been amended to reflect consistency with that FLUM designation. Mr. Mitchell advised the City intends to implement OS, Open Space and Recreation zoning on all REC designated properties City-wide. Mr. Mitchell further advised the applicants are requesting a refund of the $775 application fee/ deposit as refund at their April they are a non- profit entity. The MPB recommended approval of the ordinance and the 6, 2006 meeting, and that a policy on the waiver of application fees be formulated, per advice of the City Attorney. 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. r' 188 Regular Council Meeting 4/25/ 06 ORD. 1693 ( CONTI Mr. Minich moved to adopt Ord. 1693 on first reading. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor ( Hartwell absent). Mr. Tucker moved to refund the applicant' s fee/ deposit in the amount of $775.00. Dr. Pullen seconded motion and it carried unanimously with Holmes, Patterson, and Minich in favor (Hartwell absent). Campbell, Tucker, Pullen, rI" The City Manager advised that Staff can return with a policy and resolution regarding refunds at a future meeting. Dr. Pullen moved that a policy and resolution be established on the waiver of application fees. Mr. Tucker seconded motion and it carried