Fort Walton Beach Council minutes — 06-22-1999 Regular — reading text

59 A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, June 22, 1999, at 7:00 p.m. in the Council Chambers at City Hall,with the following members present: Mayor Glenda Glover Councilmen: Clay Carnathan, Janet Baggett, Jim Dowling.Jim Tudrer, Dean Covey, Chuck Kelley, Margie Collins I Also Present: Reid Silverboard, City Manager; Helen Spencer, City Clerk; Joyce Shanahan, Finance Director; Jerry Miller, City Attorney~Department Directors and Media w.""'~~.' f,;;.". .-. The Mayor called the meeting to order and welcomed e\leIyone. She 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. Mayor Glover gave the invocation and led in the Pledge of Allegiance. Deputy Chief Jackie Hart presented a plaque to Kelsey Owens, Wright Elementary student,who became the 25,000 participant to receive fIre safety training in the Fort Walton Beach Fire Safety House. The Mayor presented a ~ and book "The Heritage of Fort Walton Beach," to Mrs. Yulee Lazarus, founder of the Indian Temple Mound Museum for her years of effort and dedication in ensuring the continued preservation of the Indian Mound. Mr. Covey lDOVed to approve the following c:ousent agenda items. Motion was seconded by Mn.Baggett and carried unanimously with Camatbau,Baggett,Dowling, Tucker, Covey, Kelley, aDd Collins in favor. Approval of minutes as amended from the regular Council Meeting of June 8, 1999. 7'_;;".::: iWi'.: r --: ~;;?_-_<: : -:::;;: ..;:.. O:.~ ~ 5'"':-.,.;:"",,_: Award Bid 9 # 9-140, Invert and Cure Pipe Lining. to the lowest, responsive responsible bidder, Insituform Technologies, Inc., for the purchase of materials, labor and supervision for the invert and cure type of repairs to sanitary sewer and storm lines for $ for 8" pipe; $ a period of one year, to be purdtased on an as needed basis at the unit cost per linear foot of 40 45 for JOlt pipe; 50 for 12" pipe; $ 57 for 15" pipe; $ 70 for 18" pipe; $ 114 for 24" pipe; $ 350 each for 4" Service of Main; $350 each for 6" Service of Main; $175 each to reconnect 4" service; $ 175 to reconnect 6" service; and $ 350 each for ground. annual space between liner. Also authorize the City Manager to extend the bid,if mutually agreed upon by both parties, for up to two years. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, SECTION 4-4, HOURS FOR SALE; AND PROVIDING FOR AN EFFECTIVE DATE. I The Mayor opened the public hearing. Don Dewrell, representing Chuck Clary Enterpises, requested that the hours of coDSUJDPion be extended by 30 mimJtes allowing patrons to call for cabs and finish drinks that were purchased before 4: 00 a.m James Bishop, 1910 Summer Hills Lane,rqnsenting Mothers Against Dnmk Driving, stated he is in favor of the amendment and praised the Police Department for their efforts. Leah Snaith, 125 Paradise Point Lane, a victim of a drunk driver spoke in favor of the amendment to the ordinance. As there was no one else who wished to speak, the public hearing was closed. Discussion ensued regarding the closing hours and hours of sales in the county and neighboring municipalities; moving the sale and consumption of alcohol to 3: 00 a.m. or 3: 30 a.m. and enforcing the 4: 00 a.m. closing time; and that 21 out of 24 hours is enough hours in a day for consumption of alcohol. Council received clarification that with the amendment to the ordinance businesses can stay open after 4:00 a.m.; however, no sales or consumption of alcohol is permitted. The Mayor called for the vote on the motion and it carried by a vote of 5 to 2 with CarnathaD, Baggett, Dowling,Covey, and Collins in favor and Tucker and Kelley opposed. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AtrnlORITY; PROVIDING FOR THE AMENDMENT OF FORT WALTON BEACH CODE OF ORDINANCES, ARTICLE IV, OCCUPATIONAL LICENSE TAX, BY REPLACING SECTION 22- 98, FEE SCHEDULE, IN ITS ENTIRETY BY INCREASING THE OCCUPATIONAL LICENSE RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICfS; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was no one who wished to speak, the public hearing was closed. The ordinance provides for the bi- anrmaI rate increase to the Occupational License Fee Schedule as provided for by F. S. Chapter 205. Mr. Covey moved to adopt Ord. 1383 on fint reading. Motion was sec:onded by Mr. Dowling and c:arried unanimously witb Carnatban, Baggett,DowliDg, Tuc:ker, Covey, Kelley, and Collins in favor. I~.,,>>!i.'~~~~~~.~~ Consideration of Site Plan Approval for the renovation of the Northwest Florida Ballet Building located at 310 Perry Avenue. The City Attorney announced a quasi-judicial proceeding and placed the following individuals under oath: Earl Mitchell and Steele Sloat of E. S. Mitchell & Associates; Abe Watson, President of the Northwest Florida Ballet; and Flinn Fagg. City Planner. He explained the quasi-judicial procedure and determined no one was expected to participate in opposition of the application. Abe Watson, President of the Northwest Florida Ballet, stated the ballet has served the community well for 30 years, and they plans for their new building which he feels will be an asset to the downtown area. are excited about Earl Mitchell,E. S. Mitchell and Associates. stated the ballet's goal was to stay within the City of Fort Walton Beach and that the property housing the old Nikko Inn at the comer of Perry Avenue and Brooks Street has already been purchased by the Ballet. Mr. Mitchell discussed on-street puking spaces and the possible use of diagonal puking spaces on Perry Avenue to increase the amount of available parking adjacent to the building. He explained the applicant has submitted a request for variance since the existing structure encroaches the required IO- foot front yard setbacks on Perry Avenue and Brooks Street and approval of the site plan as submitted is conditioned upon the variance approval by the Board of Adjustment in July 1999. Flinn Fagg. City Planner, advised the Ballet agree to the three conditions recommended by Staff, that the project is in keeping with the goals and objectives of the Updated CRA Plan, and that Staff is in favor of the project. Mr. Fagg submitted into the record as ExhIbit I the agenda package which included the application for site plan review, the Staff Analysis and Report dated 5/ 26/99, the building plans and elevations dated 5/ 5/99, the site survey dated 5nt99, and the minutes from the CRA regular meeting held on 612199. As there were no objections, the Mayor announced Exhibit I was admitted into the record. Council received clarification that the Land Development Code permits the continuation of nonconforming setbacks provided that renovations do not exceed 75% of the assessed value of the structure, and since the proposed project will exceed the 75% limitation the building must conform to the required setback or the applicant must obtain a variance for the existing encroachment. Council was informed that if the variance was not approved on the setback the Ballet would have to redesign the building by relocating a wall to meet the 10- foot setback; however, Staff is confident that the requirements for approval of the variances will be met.  6/219 61 7~ 1~ For the record, Mr. Carnathan expressed that a problem exists with the portion of the Code reprding variances, and the possibility of the Ballet having to relocate the wall is ridiculous. Council eSSed eA')X'that the process is roo.lfld9nt and malres it difficuJt for organizations to move into the City and build a quality facility or renovate an existing structure. For the record, Mrs. Baggett also felt the process in this case might not be necessary; however, it needs to be used for p- ojeds where someone may try to push the limit Council commended the Ballet for an excellent project and feels it will be an asset to the City. As there was no one else who wished to speak,the public hearing was closed I Mr. Covey moved to approve the site plan IItIbjed to the followiDg (OIIditioas: t) Site plan approval is c: oatmgent upon the approval of variaDces by the Board of AdjustlDeDt for the existing front-yard encroachments; 1) Oil- street parldag OIl Perry Avenue and Brooks StRet may be reserved for puseuger loading and UJIloadblg; City staff mall invesdaate the use of diagonal parking on Perry Avenue to increaIe the number of parking spaces immediately adjaceat to the building; and 3) The building shall comply with applicable fire c: ode requirements. Mn.Baaett 8eCOIIded motioa. The City Manager advised a process for dealing with nonconformities is being proposed for the updated Land Development Code. The Mayor called for the vote 011 the motioa and it c: anied unanimouJy with CarDathan, Baggett, DowUug, Tueker, Covey, Kelley, and CoIUns in favor. j.-- _IJ_~_ ii-_- ~-_ '~-_-=-_-~~-::-~=~ E-~_ - - -"'-- Consideration of Site Plan Approval for expmsion of United Way ofOkaloosa- Walton Co., Inc., at 112 Tupelo Avenue. The City Attorney announced a quasij-udicial proceeding would be held and placed the following individuals under oath: Del Dunn, Dunn Building Company and Flinn Fagg, City Planner. He explained the quasi-judicial procedure and determined no one was expected to participate in opposition of the application. Mr. Dunn, representing United Way, explained the request is to add 1, 500 square feet to the rear of the building and to expand the parking lot to include a total of 14 parking spaces. Flinn Fags, City Planner, explained the applicant agreed to the conditions reco111J11endtd by Staff and submitted revised drawings incorporating the conditions. Discussion ensued reprding Iandscapi~ and buffering requirements and the addition of a sidewalk from the front door of the building to the public sidewalk on Tupelo. Mr. Fagg submiUed into the record as Exhibit I the agenda package which include the letter of request from Bill Robinson, Executive Director for United Way, dated 3/31/ 99; Staff Report to the City Manager dated 6/1/ 99; Staff Analysis and Report, dated 4/ 14/99; Revised Site Plan dated 5/ 17199; Revised Landscape Plan dated 5/ 21/99; and minutes from the CRA special meeting held on 4/ 21/99. As there were no objections, the Mayor announced Exhibit I was admitted into the record Mn. Collins moved to approve the revised site dated S/17199. Motioft was sec:oDdecl by Mr. Carnathan and earried unanimously with Carnathan,Baggett,Dowling, Tucker, Covey, Kelley, and Collin. in favor. 6-~=---.~~=-......... ff=__~"'-="~~~_ J.,.~