Fort Walton Beach Council minutes — 02-13-07 regular minutes — reading text

185 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA FEBRUARY 13, 2007 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, February 13, 2007, 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; Lisa Absher, Finance Director; 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, Sr., Family of Faith Church gave the invocation. PLEDGE Youth members from Family of Faith 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. MINUTES Approval of the minutes of the Strategic Planning Session of January 20, 2007, the Council Workshop of January 23, 2007, and the Regular Council Meeting of January 23, 2007. EMERGENCY STAND- BY GENERATOR Purchase one ( 1) 100 Kw Katolight Emergency Stand- by Generator, to the low responsive, responsible bidder, C & 0 Agency, Covington, Louisiana, for the bid amount of $ 34,428. 00, including optional extended 5 year warranty. COMPACT PICKUP TRUCK Purchase one ( 1) 6 cylinder Ford Ranger Compact Pickup Truck 4x2, under the provisions of the Florida Sheriffs Association contract from Orville Beckford Ford, Milton Florida, for a total cost of 12,472. 00 including options for a spray on bed liner, tool box, rainshields, power windows and door locks, and cruise control/ tit steering wheel. HD PICKUP TRUCK Purchase one ( 1) 5.4L V8 Dodge 2500 % ton HD Pickup Truck 4x2 under the provisions of the State of Florida Annual Bid contract from Jack Caruso Regency Dodge, Jacksonville, Florida, for a total cost of $ 21, 603. 00 including options for HD towing 10, 000 Ibs w/ class IV hitch, limited slip or locking differential, spray on bed liner, camper style rearview mirrors, rainshields, knaphide service body - Model 600/ 700J, power windows and door locks, cruise control/ tilt steering wheel, and shop manuals. ED BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Authorize the submission for acceptance of the 2007 Edward Byrne Memorial Justice Assistance Grant Program grant, in the amount of $6, 311. 00.  2- 13- 07 Regular Council 186 RENEW AGREEMENT WITH CBA Basin Authorize the City Manager to execute the renewal agreement with the Choctawhatchee of the National Alliance for services not to exceed $ 51, 500 annually related to ongoing implementation Pollutant Elimination Discharge System Phase II program regulated by the Florida Department of Environmental Protection. UPDATE TO NWF FAIR ASSOCIATION 2007 OPERATIONS PLAN to Consideration of a request to update the Northwest Florida Fair Association 2007 Operations Plan, include a Wedding Expo on March 5, and St. Mary' s Spring Fling on April 23- 28. PUBLIC HEARING ORD. 1719 - FOUNDATION SURVEY The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 3. 02, BUILDING CODE, BY ADDING SECTION 3. 02. 13; PROVIDING FOR AUTHORITY; ENACTING BE REQUIRED WITHIN 21 A NEW SECTION PROVIDING A FOUNDATION SURVEY SHALL CALENDAR DAYS AFTER THE FOUNDATION INSPECTION; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. and it Mr. Holmes moved to adopt Ord. 1719 on second reading. Mr. Minich seconded motion and Minich in carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, favor. PUBLIC HEARING ORD. 1716. HISTORIC SITES AND STRUCTURES EXEMPTIONS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 12. 100. 01 ENTITLED DESIGNATION OF HISTORIC SITES FOR AND STRUCTURES, VOLUME IV, LAND DEVELOPMENT CODE, BY PROVIDING ESTABLISHMENT OF EXEMPTIONS FROM REQUIREMENTS TO MEET CERTAIN BUILDING REGULATIONS IN ORDER TO BE DESIGNATED A HISTORIC SITE OR BUILDING; RESOLVING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. be The CDS Director explained there are going to be situations where certain historic buildings will not the able to meet building code, especially building maintenance, so language was developed to give Historic Sites & Structures Advisory Board lee- way to allow for exemptions. The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1716 on first reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING ORD. 1717. AMEND COMP PLAN FLUE. CIE AND FLUM The Mayor verified that the requirements of Section 2- 128( b) Land Development Code have been met. The City Attorney read the ordinance by title. Regular Council 2- 13- 07 187 ORD. 1717 cont. 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 RESULTING FROM CITY INITIATED CHANGES; PROVIDING FOR ADOPTION OF TEXT AMENDMENTS TO THE CAPITAL IMPROVEMENTS ELEMENT INITIATED BY THE CITY; 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. Mr. Mitchell, Long- Range Planning Manager, explained this is a major amendment to the Comprehensive Plan that includes three sections. He went over the first amendment proposed by the City to amend the Future Land Use Element to add a new land use designation Estate Low Density Residential ( ELDR) with a maximum residential density of 2. 9 dwelling units per acre. He went over the second amendment proposed by the City to amend the Capital Improvements Element to add new capital projects and update the existing projects in the CIE Schedule " Table H- 1". He went over the third amendment proposed by the City to amend the Future Land Use Map to change 222. 9 acres located along the waterfront on Santa Rosa Sound, Choctawhatchee Bayou, Don' s Bayou and Chula Vista Bayou from Low Density Residential ( LOR) to the proposed new Estate Low Density Residential ELDR) land use designation. He reported the Municipal Planning Board, acting as the Local Planning Agency, recommended City Council approve all the proposed amendments which are incorporated in Ord. 1717. He mentioned there are copies available at the Library and the City Clerk' s Office. The Mayor opened the public hearing and asked for comments from proponents/ opponents. J. D. Taylor, 210 Gilmore Court SE, commented on the difficulty in reading the ordinance. As there were no further comments, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1717 on first reading ( proposed phase). Dr. Pullen seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. QUASI- JUDICIAL SITE PLAN AND DEVELOPMENT ORDER - SULLIVAN CONDOMINIUMS Consideration of a request by Emerald Coast Associates, agent for G& S Enterprises of NW Florida, LLC, owner, for a site development plan and a development order ( MPB Case # 06- 16- SP) to construct Sullivan Condominiums, 16- unit condominium complex, located at 504 Sullivan Avenue NW. The project consists of three ( 3) two- story buildings, totaling 16 three- bedroom, 2. 5 bath dwelling units, with a single car garage, each unit will contain 1, 760 square feet in area. The City Attorney gave the oath to everyone who expected to testify on the issue. Darryl Burgis with Emerald Coast Associates, agent for G& S Enterprises, confirmed they will comply with the condition of approval and requested Council approve the request. SULLIVAN CONDOMINIUMS cont. Mr. Mitchell, Long- Ranger Planning Manager, reported the Municipal Planning Board recommended Council approve the site plan and development order with the condition that the condominium homeowner' s documents shall be reviewed and approved by the City Attorney prior to the issuance of a certificate of occupancy. He submitted the staff report for the record. The Mayor opened the public hearing. As there was none, the public hearing was closed.  Regular Council 2- 13- 07 188 SULLIVAN CONDOMINIUMS cont. Mr. Holmes moved to approve the site development plan and a Development Order to construct Sullivan Condominiums located at 504 Sullivan Avenue NW, with the condition the condominium homeowner' s documents shall be reviewed and approved by the City Attorney prior to the issuance of a certificate of occupancy. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. CITY LIBRARY Consideration of a request to place the City' s Library up for sale. Mr. Tucker stated the Library in its location has accomplished what it was set out to do, to draw t( businesses downtown, and it is time to move the library to a place where it can be used more easily by the majority of the public. He believed it is in the long- term best interest of the City and he was prepared