Fort Walton Beach Council minutes — 07-10-1973 Regular — reading text

and the stadium lights be cut off 15 or 20 minutes after game time. Concession stand will have a light in it so they may finish closing. 7. Recommend City purchase 10,000 gallon gasoline storage tank from Atmore Tank Company, Atmore, Alabama for $2,100. 8. Recommend approval of request for vatiance in zoning (C-2) by Mobile Home City, Inc. for the purpose of opening a retail mobile home sales outlet in Brooks Plaza Shopping Center. No more than 10 or 12 mobile homes to be allowed on site. (Not te be sub-leased. If trailer used for office, must be connec- ted to proper sewer outlets in compliance with regulations.) 9. Committee was appointed to meet with developers and resolve paving and drainage bill. (Mr. Schweizer, Chair- man; Mr. Baughman, Mr. Van Buskirk). 10. Recommend strict enforcement of 3-hour parking limit on Miracle Strip Parkway between Beal arid 2nd to see if that will alleviate problem. 11. Recommend approval of water and sewer service for City Bairgrounds and Softball Complex--estimated to cost 498 REQUEST TO RENT TRUCKS WAYNE CLARK REQUEST MEETING NOTICE DUPLEXES IN SANTASIA PARK STREET NUMBERING SYSTEM DIRECTING TRAFFIC REPLACEMENT PARTS FOR TRAFFIC SIGNALS UNIFORMITY IN TRAFFIC SIGNALS INDIVIDUAL BOXES FOR COUNCILMEN $21,605.93 total. 12. Recommend approval of request to rent 3 trucks for 1 week. 13. Recommend that request from Wayne Clark for permission to tempor- arily open business (The Market Place, - 203 Miracle Strip Parkway) be tabled until he personally appears before Council with more detailed request. 14. Notice of Meeting to Discuss Improvement of U. S. Highway 98 eastward from Destin scheduled for 10 a.m., Wed- nesday, July 11, in the Fort Walton Beach Chamber of Commerce Board Room. 15. Recommend that public hearing should be advertised in ref. to the variance to permit construction of two duplexes in Santasia Park. 16. Recommend that letter be written to the County Commissioners with reference to street numbering in the County coinciding with the City system. 17. Recommend that when a traffic sig- nal is out, there should be a policeman on duty to direct traffic. 18. Recommend that City purchase re- placement parts for traffic signals in critical areas. 19. Recommend letter be written to State requesting traffic signals in Fort Walton Beach be made uniform. 20. Recommend all mail for Councilmen be placed in individual boxes at City Hall to be picked up personally by them. Mr. Van Buskirk moved that recommenda- tions 1-20 be approved as presented. | Motion was seconded by Mr. Rigdon. Mr. Palmer asked if the motion might exclude recommendation #1 since Mr. Hohnadell had asked to be annexed into the City. Mayor stated that this infor- mation would not affect the recommenda?’ ~ tion in any way. Mr. Palmer stated that B.O.D. REPORT RECOMMENDATION FROM MUNICIPAL HEARING PANEL AND MUNICIPAL PLANNING BOARD PRELIMINARY FINAL ZONING ORDINANCE FROM MILO SMITH FIRE PROTECTION COMMITTEE 199 he was just making note of this infor- mation. Question was called and motion carried unanimously. Mayor presented B.0.D. report for Council's information. Mayor presented recommendations from the Hearing Panel and the Planning Board: 1. Rezone from C-1 to C-2 property located at Lots 5, 6, 7, and 10, Seabreeze lst Addition; Lots 1 through 15, Seabreeze 8th Addition. MHP: recommends request be approved. MPB: recommends request be approved. Mr. Brock moved that Council accept the recommendations from the MHP and the MPB. Motion was seconded by Mr. Baughman and carried unanimously. Mayor presented to Council a notice from the Municipal Planning Board that the preliminary final zoning ordinance pre- pared by Milo Smith and Associates is ready for Council's consideration. City Manager explained that this is about a 50-page document and only one copy was submitted. Hopefully, copies will be given to the members of Council in the next couple of days. Mr. Rigdon presented the first item from the Fire Protection Committee concerning an easement request from Colonel Gates? "1. Recommend that Colonel Gates' request for a variance to use the City easement as the side setback requirement for Lots 22 §& 23, Seabreeze S/D be tappeoved and that his request to pave the City easement for use as parking facilities be denied." Mr. Rigdon moved that the recommendation be accepted. Motion was seconded by Mr. Baughman and carried unanimously. Mr. Rigdon presented the second recom- mendation from the Fire Protection Com- mittee relative to Fire protection for Okaloosa Island: 200 TAX ASSESSMENT ROLL FOR OKALOOSA ISLAND - RESOLUTIONS § ORDINANCES 73-27 RE: AUTHORIZING EXECUTION OF DEED 73-28 RE: AUTHORIZING EXECUTION OF DEED 73-29 RE: AUTHORIZING CONTRACT FOR PRO SHOP "2. Recommend thatttemporary fire protection be furnished to the Okaloosa Island until the end of May 1974, pro- vided that they agree to pay to the City 2.9 mills based on the tax asses9 sor's assessed value of the Island." Mr. Baughman moved that recommendation | be accepted by Council. Motion was | seconded by Mr. Rigdon and carried unanimously. Mr. Rigdon added as a note of informa- tion that the Tax Assessor's office has annet announced that the assessment roll for the Island will be available Friday as public record. City Attorney presented the following resolutions and ordinances: 73-27 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED TO CER- TAIN PROPERTY IN THE CITY INDUSTRIAL TRACT TO INDUSTRIAL ASSOCIATES, INC., PROVIDING THE EFFECTIVE DATE HEREOF. Mr. Van Buskirk moved that the resolu- tion be approved as read. Motion se- conded by Mr. Brock and carried unani- mously. 73-28 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED TO CERTAIN PROPERTY IN THE CITY INDUSTRIAL PRAST TO J. NIXON DANIEL, TRUSTEE, PROVIDING THE EFFECTIVE DATE HEREOF. Mr. Schweizer moved that resolution be approved as read. Motion was seconded by Mr. Baughman and carried unanimously. 73-29 A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT WITH ARCHITECT FOR PREPARING PLANS AND SPEC- IFICATIONS FOR THE GOLF COURSE PRO SHOP. | Mr. Van Buskirk moved that resolution be approved as presented. Motion was — seconded by Mr. Schweizer and carried unanimously. 73-30 RE: AUTHORIZING CONTRACT FOR FABRGROUNDS BUILDING 73-31 RE: AUTHORIZING PURCHASE OF PROPERTY 587 RE: ADOPTING BUDGET FOR 1973-1974 588 RE: UNLAWFUL TO SELL OR DISPENSE HYPODERMIC SYRINGES AND/OR HYPODERMIC NEEDLES 100.184 RE: VARIANCE TO CONSTRUCT TWO DUPLEXES 73-30 A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT WITH ARCHITECT FOR PREPARING PLANS AND SPECIFICATIONS FOR THE FAIRGROUNDS BUILDING. Mr. Baughman moved that resolution be approved as read. Motion was seconded by Mr. Brock and carried unanimously. 73-31 . A RESOLUTION AUTHORIZING THE CITY OF FORT WALTON BEACH TO PURCHASE CERTAIN PROPERTY FROM OKALOOSA COUNTY FAIR ASSOCIATION, INC., PROVIDING THE EFFECTIVE DATE HEREOF. Mr. Brock moved that resolution be approved as read. Motion was seconded and carried unanimousty. 587 ENTITLED AN ORDINANCE ADOPTING A BUDGET FOR THE OPERATION OF THE CITY OF FORT WALTON BEACH, FLORIDA, FOR THE FISCAL YEAR JULY,1, 1973 THROUGH JUNE 30, 1974 MAKING CERTAIN DESIGNATED APPROPRIATIONS OF FUNDS OF THE CITY: PRESCRIBING CERTAIN LIMITATIONS OF THE EXPENDITURE OF FUNDS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Mr. Palmer moved that theoordinance be passed on 2nd reading. Motion was seconded by Mr. Rigdon and carried unanimously. 588 “AN ORDINANCE MAKING IT UNLAWFUL TO SELL OR DISPENSE HYPODERMIC SYRINGES AND/OR HYPODERMIC NEEDLES IN THE CITY OF FORT WALTON BEACH WITHOUT AUTHORIZA- TION BY A LICENSED PHYSICIAN, PROVIDING THE EFFECTIVE DATE H8REOF. Mr. Baughman moved that this ordinance be approved on 2nd reading. Motion was ‘seconded by Mr. Van Buskirk and carried unanimously. 100.184 AN ORDINANCE AMENDING ORDINANCE 100 TO GRANT A VARIANCE IN AN R-1A ZONE TO PERMIT CONSTRUCTION OF TWO DUPLEXES, PROVIDING THE EFFECTIVE DATE HEREOF. 202 100.185 RE: REZONING CERTAIN PROPERTY ALLAN MANSFIELD CLAIM City Attorney stated that in his. opinion this would not be a valid ordinance unless a public hearing was held. Mayor pointed out that a public hearing was asked for yesterday when Council met as a Committee. City Manager asked that a time be established : for the public hearing with a date to coincide with the next regular Council meeting. Mr. Van Buskirk moved that advertisement be made for a public hearing to be held at the next regular Council meeting on this ordinance. Motion was seconded by Mr. Brock and carried unanimously. 100.185 AN ORDINANCE REZONING CERTAIN PROPERTY IN THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING THE EFFECTIVE DATE HEREOF. Mr. Rigdon moved that this ordinance ‘be approved on 2nd reading. Motion was duly seconded and carried unani- mously. Relative to the Allan Mansfield request, City Manager presented a letter from the City Attorney, stating in his opi- nion that the City was not liable for the injuries. sustained by Mr. Mans- field. ; Mr. Rigdon stated that this man was trying to do his duty and help somebody whom he thought was in danger, and he would like to seethhe matter put into a three man committee with the Police Chief and City Manager, so that they could make some type of recommendation. Mr. Rigdon so moved. Motion was duly seconded. Mr. Baughman stated that he needed some clarification and asked City Attorney if making some kind of settlement would mean that the City accepted liability. City Attorney stated that it would not have any effect. on it legally one way or the other. Motion was carried unanimousty. Mayor appointed Mr. Rigdon, Mr. Baughman and Mr. Hill to said committee. MALICIOUS MISCHIEF City Manager presented a letter from City Attorney relative to malicious mis- chief by minors. Florida Statute 741.24 provides that in malicious mischief performed by minors under 18 years of age, the parents are liable in an amount not. to exceed $1,000. City Attorney clarified that if the malicious mischief is done to City property, the City can institute civit action; however, if the Mischief is done to personal property, action would have to be brought by the individual. Mr. Palmer asked Mr. Smith if it was not the City's responsibility to prosecute, if, upon arriving home tonight, he found every one of his windows broken out. City Attorney stated that that would be a criminal offense, and he had understood that the information was requested relative to only civil action. He continued that anyone can sign a warrant and a minor would be subject to prosecution. The parents can be sued and make them respond to the actions. He explained that this was what his letter was aimed at and that it was a two-pronged attack. Mr. Palmer stated that he understood the auspices of what the City Attorney was saying and asked if malicious mischief was a cri- minal offense. .City Attorney stated that it is a criminal offense which he did not cover in the letter. He con- tinued that if anyone maliciously destroys someone's property, you can sign a warrant and the person will be criminally tried for the offense. Mr. Palmer asked if it was necessary to sign a warrant. City Attorney explained that somebody has to issue a warrant. He further explained that you would have to sign an affidavit stating who did the mischief or it would have to be signed by someone who saw the mis- chief done. Mr. Palmer asked if it would then be the law enforcement's duty to try and find the person who performed the mischief and when they find him then they prosecute without Signing a warrant. City Attorney stated that this was correct and if you did not see the person, you wouldn't be able to sign the affidavit. Mayor asked if Mr. Palmer wanted any action taken on this and Mr. Palmer replied that it was for information and that he jhust wanted 204 INVOICE