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

Consideration of a request by Northwest Florida Fair Association to discuss policies regarding Fairground Rentals. The City Manager advised a letter was received from Bull Rigdon, Director of the Northwest Florida Fair Association, regarding policies implemented by the City for special event permitting at the Fairgrounds, and that Mr. Rigdon was present to discuss his concerns. Bull Rigdon, 9 Bay Drive, advised the 45- day written policy to have events at the fairgrounds presents a burden in the operations of the fairgrounds as each request not on the original plan has to go before Council for approval. He stated he would like to go back to the original lease whereby an operation plan is made for the entire year and City approval is not required for added events, as long as they are licensed and are not a deterrent to the City. The City Manager advised that previously, the fair was governed by the U. S. Forestry Service who did not have much oversight over the events that took place there. However, since the City has taken possession of the property, the City's regulations for businesses licensing must be adhered to, ' and she has spoken with Mr. Rigdon about his concerns and will try to work something out with him. She informed she has been working under the Council' s direction that they be informed about all activities taking place at the fairgrounds to ensure it is conducted in the proper way, and that the I issue of fire permitting is one of the most important issue to ensure adequate fire protection.  Regular Meeting 06/ 13/ 06 233 FAIRGROUND POLICIES (CONT) The City Manager noted that the property has only recently been annexed into the City, and that is when the City's policies took effect. Council stated protecting the interest of the City is their major concern and that everything that occurs at the fairgrounds is legal and that the City has liability. Mr. Rigdon advised that the fairgrounds furnish insurance policies and that anyone who uses the f""'" I property must have insurance as well. He questioned the difference between organizations such as I Billy Bowlegs and various churches that use vendors but do not have to pay for permits. The City Manager explained that the fairgrounds generate revenue from their events for fair operations, while non- profit organizations use revenue received for other purposes. The City Attorney advised that Fair Associations are governed by a separate section of the Statute, Section 616. 11, which authorizes fair associations to enter into agreements with a municipality for use of the property in that municipality. The City Manager advised she will meet with Mr. Rigdon to discuss his concerns and report back to Council what occurs. PURCHASE OF VANDEGRIFF PARK Consideration of a request authorizing the purchase of the property located at 146 Miracle Strip Parkway SE, more commonly known as Vandegriff Park, at an amount not to exceed $ 45,000. Further, direct the City Manager and City Attorney to negotiate the agreement and for the Mayor and other parties to execute the agreement. Missy McKim, CDS Director, advised this purchase is desired to maintain the walkway between the Indian Temple Mound and the Fort Walton Landing. She informed the property owner wishes to sell the property, that it has been budgeted for and an agreement has been reached on the sale price. Council was advised the closing costs and attorney fees would be approximately $ 1 , 250 above the 45, 000 sale price. Glenda Glover, 115 Waynel Circle, was advised an appraisal was done on the property. Mr. Tucker moved to purchase the property located at 146 Miracle Strip Parkway SE, more commonly known as Vandegriff Park, at an amount not to exceed $45,000, and that the City would pay all closing costs except for any tax proration amount. Further, direct the City Manager and City Attorney to negotiate the contract, execute any additional documents and close on the purchase. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. RECESS The meeting recessed at 8: 57 p. m. RECONVENE The meeting reconvened at 9: 00 p. m. RES. 06-10. PROCEDURES FOR HEARING OFFICER PROCEEDINGS The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR HEARING OFFICER PROCEEDINGS, AND PROVIDING AN EFFECTIVE DATE.  Regular Meeting 06/ 13/ 06 234 RES. 06- 10 ( CONTI The City Attorney advised the resolution establishes hearing officer proceedings. Council was advised the policies have not yet been worked out, but that the hearing officer will be a member of the police department. Mr. Holmes announced he will abstain from the vote as he works for a wrecker company. I Mr. Campbell moved to adopt Res. 0 6- 10. Mr. Minich seconded motion and it carried unanimously with Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich In favor (Holmes abstained). RES. 06-11. PROCEDURES FOR ROTATION WRECKER PROGRAM The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ESTABLISHING ADMINISTRATIVE PROCEDURES FOR THE ROTATION WRECKER PROGRAM OF THE CITY OF FORT WALTON BEACH, FLORIDA, AND PROVIDING AN EFFECTIVE DATE. The City Attorney explained this resolution sets out the violations. Mr. Holmes announced he will abstain from the vote as he works for a wrecker company. Mr. Minich moved to adopt Res. 06- 11. Mr. Campbell seconded motion and it carried unanimously with Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor (Holmes abstained). RES. 06- 12. MAXIMUM FEES FOR WRECKERS/ SERVICES The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ESTABLISHING MAXIMUM FEES TO BE CHARGED BY WRECKERS AND WRECKER SERVICES IN THE CITY LIMITS OF THE CITY OF FORT WALTON BEACH, FLORIDA, AND PROVIDING AN EFFECTIVE DATE. The City Attorney requested that a motion include an amendment to delete paragraph B in Section II, Lines 21- 23, as it is not necessary in the resolution. Judith Fiasco, 228 Alconese, was advised that Council is required to review the maximum fees on or before December 31 of each year. The City Manager requested an amendment to make the fees a part of the City's Comprehensive Fee Schedule to ensure they are reviewed each year in October. The City Attorney suggested a phrase in Section III that reads "the adopted fees will be included in the City' s comprehensive fee schedule." Mr. Holmes announced he will abstain from the vote as he works fbr a wrecker company. Mr. Minich moved to adopt Res. 06- 12, as amended, deleting Section II, Paragraph B, and II adding the sentence " the adopted fees will be included in the City' s Comprehensive Fee Schedule" to Section III. Dr. Pullen seconded motion.  Regular Meeting 06/ 13/ 06 235 g,.06- 12 ( CONTI Mr. Holmes expressed concern that the deletion of Paragraph B could force fees to be charged for the use of equipment or services, since there would be nothing stating otherwise. He suggested Paragraph B remain, but to delete the language "for using dollies, trailers, lifts, or slim jims or any other special equipment or services." Mr. Minich moved to amend Res. 06- 12 to change Paragraph B to delete the language " for using dollies, trailers, lifts, slim jims, or any other special equipment or services." Mr. Patterson seconded motion and it carried unanimously with Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor (Holmes abstained). Mr. Holmes inquired if a vote on the resolution could be tabled since the representatives of the wrecker companies were no longer present. The City Attorney stated it could not since an ordinance has been adopted that expects maximum fees. The City Manager suggested a survey be conducted to ascertain towing fees in the surrounding jurisdictions, then come back to Council with a revised resolution. Dr. Pullen moved to amend resolution to delete the " per person" wording from Section II A, Tow Charge for All Vehicles, and Additional time at the scene. Mr. Patterson seconded motion and it carried unanimously with Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor (Holmes abstained). Dr. Pullen moved to remove " Dollies" from Section II A. Mr. Campbell seconded motion and it carried by a vote of 5 to 1 with Patterson, Campbell, Tucker, Pullen, and Hartwell in favor and Minich opposed ( Holmes abstained). The Mayor called for the vote on the motion to adopt Res. 06- 12, as amended, and it carried by a vote of 6-0 with Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor Holmes abstained). The City Manager received clarification that Ord. 1671 will not have to come back for second reading since only one phrase was changed regarding the yard size and it did not affect the title. RES. 06- 18. SUPPORT OF GROWTH MANAGEMENT/JLUS PLAN The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH REGARDING SUPPORT FOR OKALOOSA COUNTY'S APPLICATION FOR FUNDS TO COORDINATE A GROWTH MANAGEMENT PLAN AND JOINT LAND USE STUDY WITH THE SURROUNDING MUNICIPALITIES. The Mayor advised that an elected official will be selected to serve on the Policy Committee for the study at a future meeting. Mr. Minich moved to adopt Res. 06- 18. Mr. Campbell seconded motion and It carried I"'" i unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. RES. 06- 19. US 98 BY- PASS The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, REQUESTING THE OKALOOSA-WAL TON TRANSPORTATION PLANNING ORGANIZATION ( TPO) CONSIDER US 98 BY- PASS ROUTE AROUND THE FORT WALTON BEACH URBAN AREA AND PROVIDING AN EFFECTIVE DATE.  Regular Meeting