Fort Walton Beach Council minutes — 02-22-05 regular minutes — reading text

101 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA FEBRUARY 22, 2005 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, February 22, 2005, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Glenda Glover Councilmen: Mike Holmes, William Patterson, Bob Campbell, Jim Tucker, Dr. Wayne Pullen, Dean Covey, and Mike Anderson. Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Mike Burton, Finance Director; Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER The Mayor called the meeting to order and welcomed everyone. She requested anyone who wished to address Council to approach the after podium being recognized, then state his or her name and address for the record. INVOCATION AND PLEDGE Mayor Glover gave the invocation and led in the Pledge of Allegiance. PROCLAMATION-JAY ODOM The Mayor presented a proclamation to Jay Odom for his efforts to make the Fourth of July fireworks the best in the area. INTRODUCTION OF JANET CLARK - NEW EXECUTIVE DIRECTOR OF HEAD START The Mayor announced Ms. Clark was unable to attend tonight's meeting. CONSENT AGENDA Mr. Covey moved to approve the following Consent Agenda items. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Covey, and Anderson in favor. APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of February 8, 2005. BID 05- 111. RESIDENTIAL REHAB. 118 CARSON DRIVE SE To award Bid No. 05- 111 Residential Rehabilitation to the lowest, responsive, responsible bidder Ponderosa Builders of Fort Walton Beach, FL, for the rehabilitation of 118 Carson Drive, SE, in the amount not to exceed $ 12, 696. 00. NATURAL RESOURCES CONSERVATION GRANT To ratify Amendment No. 1 to the Project Agreement 69- 4209- 5- 1670 with the Natural Resources Conservation Services to include two (2) additional projects: Circle Drive sedimentation basin and California Ditch erosion protection wall; increasing grant funding by $ 82, 000 bringing the total project cost to $ 217, 734, which includes a NRCS grant in the amount of $ 163, 000 and a match of $ City 54,434. The City intends to meet its required contribution through in- kind services. In the unlikely event that in- kind services are insufficient to meet the City' s match, sufficient funds exist in the City' s Disaster Recovery Reserve account for the balance of the required match. 102 2/ 22/ 05 CONSERVATION GRANT (CONT) The City Manager announced the amount of the grant has been reduced to $ 163, 300. 00, with the City being responsible for no more than $ 40, 825. 00. She advised the in- kindservices should be met; if not, there are sufficient funds in the Disaster Relief Account. PARKING ACCESS EASEMENT AGREEMENT- MAGNOLIA GRILL/ FRENCH QUARTER CONDOMINIUM To terminate the Parking Access Easement Agreement between Magnolia Grill and French Quarter Condominiums as Magnolia Grill is able to satisfy the present off-street parking and loading requirements of 1 space/ 200 square foot, equating to 15 parking spaces. DENTAL/ LIFE INSURANCE RENEWALS To authorize the City Manager to renew dental and life insurance Coverages as follows: 1) Renewal of agreement with Dental Decisions to serve as third party administrator for the City' s self-funded dental insurance program for the period of March 1, 2005 through February 28, 2007, as follows: Single: Employer, $ 14. 28 ( 750/0); Employee $ 4. 75 ( 250/0) for a total of $ 19. 03 per month; and Family: Employer $ 40. 91 ( 750/ Employee, $ 13. 63 ( 250/0) for a total of $54. 54 per 0); month. 2) Renewal of the City' s life insurance program with ING Employee Benefits/ Reliastarfor a two (2) year period beginning March 1, 2005 through February 28, 2007, at a cost of 47.20 per month per employee ($ 86.40 annually) and a two- year rate guarantee. PUBLIC HEARING- ORD. 1619. AMEND LDC. DELETE AND ADD NEW REQUIREMENTS The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 20- 26, COMMITTEE TO REVIEW LEVEL OF SERVICE AND DEVELOPMENT ACTIVITIES; DELETING CURRENT REQUIREMENTS AND ADDING NEW REQUIREMENT FOR ANNUAL REPORT ON FACILITY CAPACITY; SETTING FORTH REQUIREMENT OF THE ANNUAL REPORT; REPEALING 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. Mr. Anderson moved to adopt Ord. 1619 on first reading. Mr. Covey seconded motion. Dr. Pullen advised he attended the MPB meeting when this item was discussed. Council received clarification that this ordinance satisfies the state laws for the annual report, and that Staff will ensure that the MPB is given adequate time to review the report before it is given to Council. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Kelley, and Anderson in favor. ORD. 1626- AMENDING THE FIRE PREVENTION CODE The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CERTAIN SECTIONS OF THE FIRE PREVENTION CODE TO ADOPT THE 2004 FLORIDA FIRE PREVENTION CODE, AS AMENDED; PROVIDING AUTHORITY TO AMEND THE FLORIDA FIRE PREVENTION CODE; DELETING PROVISIONS FOR MODIFICATIONS; CORRECTING INTERNAL CODE INCONSISTENCIES; REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed.  2/ 22/ 05 103 ORD. 1626 ( CONT) Mr. Holmes moved to adopt Ord. 1626 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Anderson in favor. Covey, and ORD. 1622- REZONE PROPERTY TO CF. 19- 23 ALDER AVENUE SE 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 19- 23 ALDER AVENUE SE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R- 2 ( MUL TI- FAMILY DWELLING) DISTRICT TO CF ( COMMUNITY FACILITIES) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF A NY CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and swore in Len Mitchell, Long- Range Planning Manager. Mr. Mitchell reported the Grace Covenant Church is the present R- 2 District does not planning to expand and permit churches as a principle use. Therefore, the applicant, who is not present, is to requesting implement the PL, Public Lands Future Land Use Designation with the CF, Community Facilities zoning. The Staff Report was entered and accepted into the record. The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen advised he attended the MPB meeting when this item was discussed. Dr. Pullen moved to adopt Ord. 1622 on first reading. Mr. Anderson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Covey, and Anderson in favor. AMENDMENT OF LDC. TRANSIENT LODGING FACILITIES AND OFF- STREET PARKING REQUIREMENTS The following five items ( 9- 13) amend the Land Development Code regarding transient lodging facilities and off-street parking requirements for transient lodging and mixed- use resorts. ORD. 1624- AMEND LDC. ADDING DEFINITIONS FOR TRANSIENT LODGING FACILITIES The City Attorney read the ordinance title by only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 20- 301, TO ADD NEW DEFINITIONS FOR MULTIFAMILY DWELLINGS, TRANSIENT LODGING FACILITIES, MIXED- USE RESORT AND THREE- FAMILY DWELLINGS; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Missy McKim, CDS Director, advised the following five ordinances are all related and deal with two basic issues: definitions and parking requirements. She explained the issue came before Council as a request by a private citizen to change the parking requirements for transient lodging. Upon this request, the MPB directed Staff to study the subject of transient