Fort Walton Beach Council minutes — 06-13-06 regular minutes — reading text

229 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JUNE 13, 2006 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, June 13, 2006, 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, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director (position 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 PLEDGE Pastor David Cason, Sylvania Heights First Baptist Church, gave the Invocation. PLEDGE OF ALLEGIANCE Youth from the Sylvania Heights First Baptist Church led in the Pledge of Allegiance. 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. APPROVAL OF MINUTES Approval of minutes of the Regular Council Meeting of May 23, 2006. WORLD CHANGERS PROJECT - LOWE' S HOME CENTER To award bid to Lowe' s Home Center, for materials for the World Changers Project, which will paint and re- roof approximately 20 homes within the City of Fort Walton Beach during the first week of the request in July 2006, in an amount up to $25,000. If approved, sufficient funding is available for the Community Development Block Grant Fund. AMENDMENT TO NW FLORIDA FAIRGROUNDS PLAN OF OPERATION To amend the " Plan of Operations 2006" for the Northwest Florida Fair Association for the 2006 calendar year to include Benefit for Gulf War Veterans - July or August, Family of Faith August 18- 20, and Latin Festival August 26. I""" CITY HALL ATHLETIC COMPLEX To approve additional expenditures in the amount of $24, 700 necessary for the completion of the City Hall Athletic Fields Complex. . BRIDGEWAY CENTER MEALS ON WHEELS PROGRAM To authorize the City Manager to partner with Bridgeway Center, Inc, to offer a Meals on Wheels Program at the City of Fort Walton Beach Creative Senior Center. If approved, direct the City Manager and City Attorney to develop an agreement.  Regular Meeting 06/ 13/ 06 230 ARTWORK AT FORT WALTON BEACH LIBRARY To authorize the City Manager and/ or her designee( s) to approve any art for display in the Fort Walton Beach Public Library lobby; that the City Council make a determination on allowing the sale of displayed art during its allotted time in the lobby; that the City Council make a determination on allowing the Friends of the Fort Walton Beach Library to receive 15% commission on art sold from the lobby displays; and that the City Manager and/ or her designee( s) work with the Friends of the Library to write reasonable policies and procedures for protection and safety of property belonging to the artists or to the City. I PUBLIC HEARING AGENDA-oRD. 1671. WRECKERS The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; REPEALING IN ITS ENTIRETY THE CURRENT CHAPTER 8. 11, WRECKERS; ADOPTING A NEW CHAPTER 11. 12, ENTITLED WRECKER OPERATIONS AND SERVICES; REQUIRING PERMITTING OF OWNERS AND OPERATORS; REGULATING WRECKER OPERATIONS AND SERVICES ON PRIVATE PROPERTY; ESTABLISHING CITY WRECKER ROTATION PROGRAM; REPEALING CONFLICTING PROVISIONS; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. Mike Tackett of King' s Highway Towing received clarification that the City, under Florida Statutes, is entitled to and authorized to create stricter requirements on wrecker and towing operations and that is what the City is doing. Discussion ensued regarding the proposed 7, 500 square foot yard/ pen, and the City Attorney advised the size of the yard was derived from the Tallahassee regulation, and there were no comments made during workshop held with representatives from the wrecker companies. She also advised there is no restriction in the State statutes on a company sharing a yard and no restriction on who owns the property of the yard. A representative of CB towing expressed his displeasure at the contents of the ordinance. A representative of DC Towing, stated that 7, 500 square feet is above and beyond what he will need for an impound yard for his business. He also discussed maximum fees and that citizens should be able to contact the wrecker company of their choice, and that this ordinance limits the availability of the wrecker companies. The City Attorney informed that this issue has been in discussion by Council for quite some time, and that an informal workshop with the representatives from the wrecker companies was held in an effort to obtain their input and concerns. She noted that while the ordinance may not be considered business friendly, it does protect the rights of the citizens to obtain their vehicles that have been towed. She also discussed business hours and that it is a delicate balance for the City' s right to regulate commercial activity, rights of property owners of multi- type use facilities, and the rights of the wrecker operators to protect the public interest. A representative of C& B Towing stated it is not possible to find suitable, affordable land within the City limits; they can comply with everything except the yard size and manning. Chris Gibson, 249 Brooks Street, was advised the City' s police impound yard is not 7, 500 square I feet. As there was no one else who wished to speak, the public hearing was closed.  Regular Meeting 06/ 13/ 06 231 ORD. 1671 ( CONTI Mr. Tucker moved to adopt Ord. 1671 on second reading. Dr. Pullen seconded motion. Mr. Minich stated his feeling that this is an enforcement issue, not a legislative issue, and had several amendments to the ordinance he would make. Mr. Minich moved to amend the motion to delete the language " be not less than 7, 500 square feet" in Line 492, and substitute with the language " an area sufficient to accommodate the r'" rotation." Mr. Patterson seconded motion. Mr. Holmes advised he would abstain from voting 0 any motions regarding Ord. 1671 as he works for a wrecker company. The Mayor called for the vote on the amendment and it carried by a vote of 5 to 1 with Holmes, Patterson, Tucker, Pullen, and Hartwell in favor and Tucker opposed ( Holmes abstained). The City Attorney commented that the City has not had anything to enforce because they did not have regulations, and so without regulation the City could not have adopted the process it is going through now. Mr. Minich moved to amend the motion to delete the language " manned during regular business hours" in Paragraph 11. 12.04, Storage area requirements, on line 491 of the ordinance. Mr. Patterson seconded motion. Mr. Minich stated his thoughts it would be an added expense for a towing business to hire an individual to man the telephone. Mr. Holmes disagreed, stating this is the number one complaint in the business operation, that a person has the right to get their vehicle and personal belongings, and need the opportunity to retrieve their vehicle in a reasonable amount of time. The Mayor called for the vote on the amendment and it failed by a vote of 2 to 4 with Patterson and Minich in favor and Campbell, Tucker, Pullen, and Hartwell opposed ( Holmes abstained). Mr. Minich moved to amend the motion to delete paragraph 4a, in Paragraph 11. 12. 052, Requirement for Private Property Towing Operations, on lines 541 through 544. Motion died for lack of a second. Mr.Minich moved to amend the motion to delete paragraph 4c regarding photographs, in Paragraph 11. 12. 052, Requirement for Private Property Towing Operations, on lines 548 through 551. Mr. Patterson seconded motion. The City Attorney explained that a picture would show that the offending vehicle was parked illegally and is a benefit to the towing operator. I""" The Mayor called for the vote on the amendment and it failed by a vote of 1 to 5 with Minich in favor and Patterson, Campbell, Tucker, Pullen, and Hartwell opposed ( Holmes abstained). The Mayor advised that the only amendment to the ordinance to be voted on is to omit the 7, 500 square foot yard. The Mayor called for the vote on the motion to adopt Ord. 1671, as amended, and it carried by a vote of 5 to 1 with Patterson, Campbell, Tucker, Pullen, and Hartwell in favor and Minich opposed ( Holmes abstained).  Regular Meeting 06/ 13/ 06 232 REGULAR AGENDA-GENERAL PUBLIC Lee McDonald, 10 Ru de Ie Roi, discussed the issue of the increase in green fees at the Golf Club, and his concern that the golf club is losing members. Chris Gibson, 249 Brooks Street, was advised that there has not been an overabundance of loss of membership at the golf club. Ted Corcoran of the Chamber of Commerce presented a Resolution to the City recognizing their I valiant efforts to protect the City from Billy Bowlegs and his band of pirates during the recent Billy Bowlegs festival. Steve Pardue, owner of Fort Walton Beach Yacht Service at 248 Eglin Parkway, requested Council' s assistance in retaining his yacht service business as a conditional use. He explained that the main business at the location, Fort Walton Beach Yacht Sales, closed their business leaving the yacht service in violation of the City code, meaning the business must vacate the site by August 9. Extensive discussion was held regarding 0 ptions available tot he yacht service, including the property owner requesting reassignment of the conditional use and reinstate the yacht service business by August 9, or for the yacht service business to relocate. PRESENTATION-OKALOOSA COUNTRY TRANSIT Presentation by Okaloosa County Transit Coordinator regarding new summer bus routes. Christy Johnson, Transit Coordinator for Okaloosa County, discussed the new summer routes beginning July 5. Ms. Johnson advised the new routes will include access to City Hall and will meet the transportation goals of the Comprehensive Plan, and the objectives of the CRA Plan and the Beal Neighborhood Action Plan. There was no action required by Council. POLICIES REGARDING FAIRGROUND RENTALS