Fort Walton Beach Council minutes — 10-24-06 regular minutes — reading text

83 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA OCTOBER 24, 2006 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, October 24, 2006, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members r 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; 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 Pastor Charles Sansom, Jr., Family of Faith Church, gave the Invocation. PLEDGE OF ALLEGIANCE Mayor Anderson led in the Pledge of Allegiance. PROCLAMATION The Mayor presented a proclamation to UII Jennings, Shelley Canales, and Beth Tritschler of Covenant Hospice proclaiming November as Covenant Hospice Month. STUDENT ACE AWARDS The Mayor presented the Student ACE Awards to Anne Sadler of Fort Walton Beach High School and Christina Sheperd of Choctawhatchee High School. WFRPC LOGO AWARD WINNER for the The Mayor presented a plaque to Jamal Holly as the winner of the logo contest Waterfronts Florida Partnership Program. SPECIAL GUESTS 2015, including Larry Sassano and Jim Breitenfeld of the EDC updated Council on the Vision I""'" the workforce housing initiative and the defense support initiative and BRAC. 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, Hartwell, and Minich in favor (Pullen absent). APPROVAL OF MINUTES the Council Approval of the minutes of the Special Council meeting of October 9, 2006, 2006, and the Council Meeting of October 10, 2006 Workshop of October 10, Regular 84 Regular Council 10/ 24/ 06 ASSIGNMENT OF LEASE TO HIGH STEPPERS To assign the lease for 17 Industrial Street from PASARDA to High Steppers, Inc., a not-for profit 501 ( c) ( 3) organization. CHANGE ORDER FOR INSTALLATION OF DIRECTIONAL DRILL PIPING To authorize the City Manager to execute a change order in the amount of $ 49, 875 with ] Hemphill Construction Company of Florence, Mississippi, for the installation of 95 additional feet ["","",',."""" of directional drill piping within Hurlburt Field as part of the joint Hurlburt/Fort Walton Beach '. Reuse Water Project; which will amend the original contract amount of $979, 370 to $ 1, 029, 245. Also authorize the City Manager to execute individual change orders in the not to exceed amount of $ 15, 000. 00. REMOVAL OF PINE TREES AT GOLF COURSE To waive the formal bid procedures and award removal of the diseased and dead pine trees at the Fort Walton Beach Golf Course to the lowest responsive, responsible bidder meeting specifications, Coastline Tree Service of Destin, FL in the amount of $48, 000. QUASI-JUDICIAL AGENDA. SITE PLAN- FIRST BAPTIST CHURCH OFF- SITE PARKING LOT Consideration of a request by Ross Binkley from Seaside Engineering and Surveying, agent for owner, First Baptist Church of Fort Walton Beach, for the approval of the Development Order for the First Baptist Church of Fort Walton Beach for an off-site parking lot located at 8 Second Street SE. The City Attorney announced a quasi-judicial proceeding and swore in those who planned to testify. Ross Binkley, Seaside Engineering and Surveying, was available to answer any questions from Council. Missy McKim, CDS Director, entered the Staff Report into the record. There were no objections. The Mayor asked for public input and there was none. Mr. Campbell moved to approve the site plan for the First Baptist Church Off-Site Parking Lot, located at 8 Second Street SE, and the issuance of a CRA Site Plan Development Order with the conditions specified in the Order. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor (Pullen absent). SITE PLAN- BARTRUFF DENTAL OFFICE. 82 BEAL PARKWAY SW n ~~~, r~~u~ s~ :;~~: f~~~ I ~~~~: e:~~~ n~ t~2~~~~~~~ iaf~a;.: ~". 6~:~~~~ i'.",:'., located at 82 Beal Parkway SW, for the construction of a 2, 858 square-foot, one- story building " '.. to be used for dental offices. I""~'."""".',', The City Attorney announced a quasi-judicial proceeding and swore in those who planned to testify . Chris Weeks, Weeks Engineering, was available to answer any questions from Council.  85 Regular Council 10/ 24/ 06 BARTRUFF DENTAL OFFICE ( CONTI Missy McKim, CDS Director, entered the Staff Report into the record. There were no objections. The Mayor asked for public input and there was none. Mr. Holmes moved to approve the site plan for the Bartruff Dental Office, to be located at I""" 82 Beal Parkway SW, and the issuance of a CRA Site Plan Development Order with the conditions specified in the Order. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor Pullen absent). SITE PLAN- TRUSTMARK BANK. 100 EGLIN PARKWAY NE Consideration of a request by Jason Floyd from Dougherty & Chavez Architects, agent for owner Trustmark Corporation for the approval of the Development Order for the Trustmark Bank located at 100 Eglin Parkway NE for the construction of a 6, 884 square- foot, two- story building to be used for banking services. The City Attorney announced a quasi-judicial proceeding and swore in those who planned to testify . Jason Floyd, representing Trustmark Bank, was available to answer any questions from Council. Missy McKim, CDS Director, entered the Staff Report into the record. There were no objections. The Mayor asked for public input and there was none. Mr. Tucker announced a conflict of interest because his wife is a major stockholder in Trustmark Bank and would abstain from the vote. Mr. Campbell moved to approve the site plan for the Trustmark Bank, to be located at 100 Eglin Parkway NE, and the issuance of a CRA Site Plan Development Order with the conditions specified in the order. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Hartwell, and Minich in favor ( Tucker abstained, Pullen absent). ORD. 1705. COMPREHENSIVE PLAN AMENDMENTS The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING DIRECTIONS - THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO FLORIDA STATUTES, CHAPTER 163; PROVIDING FOR AUTHORITY; PROVIDING FOR ADOPTION OF TEXT AMENDMENTS TO THE FUTURE LAND USE ELEMENT INITIATED BY THE CITY; PROVIDING FOR FUTURE LAND USE MAP AMENDMENTS RESULTING FROM PENDING PRIVATE AMENDMENT APPLICATIONS; PROVIDING FOR ADOPTION OF FUTURE LAND USE MAP AMENDMENTS RESULTING FROM CITY INITIATED CHANGES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor verified that the requirements of Section 12. 31. 02, Volume IV, Land Development code, have been met. 86 Regular Council 10/ 24/ 06 ORD. 1705 ( CONTI Len Mitchell, Long Range Planning Manager, advised that City Council approved Ord. 1705 on June 27, 2006, and the ordinance was sent to the Department of Community Affairs ( DCA) for their review. Upon their review, the DCA had objections they asked the City to address. However, Mr. Mitchell advised that Staff concluded that none of the objections raised had basis because the City did not adopt the proposed amendment to which the DCA objected. As a result, the Municipal Planning Board/ Local Planning Agency recommended City Council consider Staff's response to the DCA as appropriate and recommended Council approve Ord. 1705. The Staff Report was entered into the record. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1705 on second reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor (Pullen absent). PUBLIC HEARING- ORD 1708. CLOSURE OF PORTION OF VACATED RIGHT-OF-WAY 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 VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE OF A PORTION OF EASEMENT ON A PORTION OF VACATED RIGHT- OF-WAY OF A NORTH- SOUTH ALLEY, AS RECORDED IN PLAT BOOK 1042, PAGE 401, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Mitchell explained the request is to vacate an easement located on the vacated right- of-way north/ south alley. He advised there are no objections from the utility companies regarding the proposed vacation, and the ordinance has been amended to address the request of the Utilities Department regarding proposed encroachments over the remaining portion of the utility easement. Mr. Mitchell reported the Municipal Planning Board recommended Council approve Ord. 1708. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1708 on first reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor (Pullen absent). PUBLIC HEARING- ORD. 1713. VACANCIES FOR CITY BOARDS AND COMMITTEES The City Attorney read the ordinance by title only. iI, AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY, AMENDING SECTION 2. 02. 05 ENTITLED VACANCIES, OF VOLUME II OF THE CODE OF ORDINANCES; RESOLVING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE