Fort Walton Beach Council minutes — 04-26-05 regular minutes — reading text

147 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA APRIL 26, 2005 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, April 26, 2005, 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; 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. 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 Reverend James T. Ross of the First United Methodist Church gave the invocation. PRESENTATION OF COLORS Members of the Thunderbird Color Guard presented the colors. PLEDGE OF ALLEGIANCE Members of the Youth Group from the First United Methodist Church led in the Pledge of Allegiance. PROCLAMATIONS - AMERICAN INDIAN WEEKS Mayor Anderson presented a proclamation to Ann Tucker, Chairwoman of the Muscogee Nation, proclaiming April 26- May 1, 2005, as American Indian Weeks. CONSENT AGENDA Mr. Holmes 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. APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of April 12, 2005 and Council Workshops of April 5, 2005 and April 19, 2005. RIGHT-OF- ENTRY AGREEMENT Ratification of a Right- of- Entry Agreement between the City of Fort Walton Beach and the Florida Department of Transportation permitting temporary access rights, as part of their plan to correct drainage problems on a portion of the driveway and sidewalk at 61 Ferry Road resulting from their Beaver Bridge replacement project; and authorize the City Manager to execute the necessary documents PUBLIC HEARING- ORD. 1627. REZONING OF 628 COUNTRY CLUB AVENUE NE The City Attorney read the ordinance by title only. 148 4/ 26/ 05 ORD. 1627 ( CONT) 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 628 COUNTRY CLUB AVENUE NE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM OKALOOSA COUNTY RUS ( RESIDENTIAL URBAN SINGLE) TO CITY OF FORT WALTON BEACH R- 1A _ SINGLE FAMILY DWELLING) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF ANY 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 for the City. It was noted that the applicant was not present. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Mitchell explained the applicants are seeking to rezone their property to a city zoning district after the property was annexed to the City in October 2004. He advised the is consistent request with the Comprehensive Plan, and that the Municipal Planning Board ( MPB) recommended approval of the ordinance. The Staff Report was entered and accepted into the record. Mr. Holmes, Dr. Pullen, and Mr. Minich advised they were present at the MPB meeting when this item was discussed. Mr. Campbell moved to adopt Ord. 1627 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING- ORD. 1630. REZONING OF 1 WEDGEWOOD LANE NE 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 1 WEDGEWOOD LANE NE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM OKALOOSA COUNTY RSS ( RESIDENTIAL SUBURBAN SINGLE) TO CITY OF FORT WALTON BEACH R- 1 A SINGLE FAMILY DWELLING) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF ANY CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and that Mr. Mitchell was previously sworn in. It was noted that the applicant was not present. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Mitchell explained the applicants are seeking to rezone their property to a city zoning district after the property was annexed to the City in October 2004. He advised the Municipal Planning Board ( MPB) recommended approval of the ordinance. The Staff Report was entered and accepted into the record. Mr. Holmes, Dr. Pullen, and Mr. Minich advised they were present at the MPB meeting when this item was discussed.  149 4/ 26/ 05 ' ORD. 1630 ( CONT) Mr. Patterson moved to adopt Ord. 1630 on first reading. Dr. Pullen seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING- ORD. 1631. REZONING OF 500 HOOPER DRIVE NW 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 500 HOOPER DRIVE NW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM C- 1 ( LIMITED COMMERCIAL) DISTRICT TO R- 2 ( MULTIFAMILY DWELLING) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and that Mr. Mitchell was previously sworn in. It was noted that the applicant was not present. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Mitchell explained the applicant is seeking to develop the site for multiple family dwellings. He advised the Municipal Planning Board ( MPB) recommended approval of the ordinance. The Staff Report was entered and accepted into the record. Mr. Holmes, Dr. Pullen, and Mr. Minich advised they were present at the MPB meeting when this item was discussed. Mr. Campbell moved to adopt Ord. 1631 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. BOARD/COMMITTEE UPDATE: CODE ENFORCEMENT BOARD Martha Sanders, Chairperson of the Code Enforcement Board, gave an update which included the purpose of the Board and the number of cases the Board has taken action on. Judith Fiasco, 229 Alconese, received clarification that the fines collected on Code Enforcement cases go into the general fund and helps to offset the cost of code enforcement. STIPULATED AGREEMENT FOR THE PIRATES BAY DRI ( DORSETT VENTURES) Consideration of a Notice of Proposed Change to a previously approved Development of Regional Impact ( DRI) to determine if the following proposed changes: ( 1) the Development Order be extended approximately nine years until August 13, 2009; ( 2) the 1. 24 undeveloped acres that comprise Lot 2, Sail- Away Bay Subdivision be granted an extended built- out date of approximately nine years until August 13, 2009 and based on a stipulation regarding Pirate' s Bay Development of Regional Impact, the applicant requests approval for development on the subject property to comply with Florida Statutory requirements, the City' s Comprehensive Plan and all other Code or legal requirements in force and adopted as the time of application for approval or any development, and more specifically, with the requirements of the MUW- 24 zoning district; constitute a substantial deviation in accordance with Paragraph 380. 06( 19), Florida Statutes, for the Development Order for the previously approved Pirate' s Bay Development of Regional Impact DRI). The development is located at 214- 220 Miracle Strip Parkway SW. 150 4/ 26/ 05 AGREEMENT/ PIRATES BAY DRI ( DORSETT) ( CONT) Requested by Cadenhead and Associates, P .A., agents for Dorsett Ventures, Inc., owner. Further to authorize the Mayor to execute the necessary agreements. The City Attorney announced a quasi- judicial proceeding and advised the attorneys for this and the next agenda item were present, but were not sworn in. She reminded Council that Len Mitchell was previously sworn in. Mr. Mitchell explained the DRI process and gave a history of the Pirates Bay Development. Mr. Mitchell advised that there has been no additional development on the property located at 220 Miracle Strip Parkway SW, ( Sailaway Bay Subdivision), since the DRI was approved by Council in 1998; therefore, the project remains incomplete. Considerable research into the legal issues involved with DRl' s has been undertaken by the City Attorney, and Mr. Mitchell informed the City Attorney has recommended that the applicant agree to withdraw its notification of proposed changes ( NO PC) in lieu of a stipulation with the City that settles the DRI issues. Mr. Mitchell advised the Municipal Planning Board ( MPB) has recommended that City Council approve the proposed stipulation. Chris Boswell, attorney representing the applicant, had no objections and agreed to the term of the agreement. Mr. Boswell also thanked Staff and the City Attorney for their efforts in this complicated issue. Chris Gibson, 249 Brooks Street, feels the parking at the site is inadequate and