Fort Walton Beach Council agenda — 12-12-06 ‎(regular)‎ — reading text

the difference is the ability to terminate their right to use the property, and a lease would give them a guaranteed right. Mr. Holmes agreed the permitting process should go through the City Manager but did not agree that every event that goes on out there needs to be approved by Council, and he would like it changed so Council would not have to approve every event. He noted the motion is to direct the to City Manager come up with a fair market value and they will give the City 20% of the profit and commented the Fair Association has to make money. He thought the City Manager should be given direction that the City will enter into a license and see what they can negotiate because it will have to come back to Council for final approval. J  C\." IC. vUUlllill 11-~ 1- U!:; I i::::~ ....... ABANDONMENT PLAN cont. Mr. Campbell agreed that 20% is too high if they use fair market value. He commented if they are going to keep the 180 days termination clause that the Fair Association should be given latitude as he did not think 180 days is enough time. Mr. Minich did not object to asking the Fair Association to pay fair market value but disagreed with adding the 20% of the profits. The City Attorney explained that the fair market value can be determined by the income approach, land lease value, or compensation, and another way to handle the operation plan is to require a quarterly report that is income related rather than activity related. Mr. Minich moved to amend the motion to delete the 20% of the gross income and 5% of Fair gross income. Mr. Tucker seconded motion, and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. The Mayor called for the vote on the motion, as amended, to direct the City Manager to negotiate a license with the Fair Association to terminate three years from the date signed, using the fair market value, and to include a 180 day no reason termination clause and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. FAIR ASSOCIATION 2007 OPERATIONS PLAN Consideration of a request to approve the 2007 Operations Plan for the Northwest Florida Fair Association. Mr. Minich moved to table the 2007 Operations Plan. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. It was noted that the events for December can be addressed at the next regular Council meeting. ADJOURNMENT The meeting adjourned at 6: 55 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm  123 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA NOVEMBER 28, 2006 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, November 28, 2006, 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 AND PLEDGE Pastor Larry Carter, Fishers of Men, gave the Invocation and led in the Pledge of Allegiance. STUDENT ACE AWARDS The Mayor presented the Student ACE Awards to Emily Reynolds of Choctawhatchee High School and Sara Bagby of Fort Walton Beach High School. 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. APPROVAL OF MINUTES Approval of the minutes of the Council Workshop of November 14, 2006, and the Regular Council Meeting of November 14, 2006. PLAYGROUND EQUIPMENT- LlZA JACKSON PARK AND GARNIERS BEACH PARK To waive the formal bid process and award contract for playground equipment for Liza Jackson Park and Garniers Beach Park to J. A. Dawson Company, in the amount of $ 49, 047. 26 piggybacking on the bid of the City of Jacksonville, Florida. PURCHASE OF POLICE VEHICLES-ORVILLE BECKFORD FORD To purchase ( 5) five police pursuit vehicles utilizing the Florida State Contract, from Orville Beckford Ford of Milton, FL in the amount of $99, 545. 00, including options. GRANT FROM TARGET STORE- EARLY CHILDHOOD READING PROGRAM Approve request to accept a Target Store Grant in the amount of $ 1, 500, for an Early Childhood Reading program at the City' s Library entitled Joust Read. TEMPORARY EASEMENT- GIBSON PROPERTIES Accept a Grant of Temporary Easement between Gibson Properties, Inc. and the City of Fort Walton Beach regarding the proposed walkway to provide an accessible route from the City parking lot on Ferry Road to the Library. 124 Regular Council 11/28/ 06 MAINTENANCE AGREEMENT - 268 VENTURA CIRCLE NW Approve request to approve and execute the maintenance agreement between the City of Fort Walton Beach and Mr. Cyrus and Mrs. Adelaide Harris, of 268 Ventura Circle NW. The executed agreement shall release the City from all liability for repairing or replacing a proposed concrete block/brick fence along the south property line due to maintenance and repair of an existing eight ( 8) inch PVC gravity sewer main, which lies in a twenty ( 20) foot utility easement on the west property line. DISASTER TRANSPORATION SERVICES-OKALOOSA COUNTY SCHOOL BOARD Approve a motor vehicle lease agreement for disaster transportation services between the City of Fort Walton Beach and Okaloosa County School board to provide the City of Fort Walton Beach the use of one 65- seat capacity school bus, at a cost of $60. 00 a day plus $ 1. 20 per mile, the City to provide driver, in order to provide emergency evacuation assistance to approved shelters for approximately 60 families/ individuals unable to provide their own transportation to emergency shelters in the event of a category 4 or 5 storm event. NW FLORIDA FAIRGROUNDS OPERATIONS PLAN. DECEMBER 2006 Approve request to amend the 2006 Operations Plan of the Northwest Florida Fair Association to add a Musical Festival on December 16, 2006. PUBLIC HEARING- ORD. 1712. WRECKER OPERATIONS AND SERVICES The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 11. 12, WRECKER OPERATIONS AND SERVICES, TO ADD IMMOBILIZATION (" BOOTING") AS A REGULATED WRECKER SERVICE ON PRIVATE PROPERTY; AUTHORIZING FEE FOR SUCH SERVICE TO BE SET BY RESOLUTION OF THE COUNCIL; REPEALING CONFLICTING PROVISIONS; AND SETTING AN EFFECTIVE DATE. Ted Litschauer, Police Chief, explained that the practice of " booting," a towing and recovery technique, was not regulated by the wrecker ordinance previously adopted by the City. nor is it regulated by the County' s wrecker ordinance. The Police Chief advised the wrecker ordinance has been modified to include " booting," and upon positive Council action will be added to the fee schedule. Discussion ensued as to whether the practice of booting causes damage to custom rims. The Police Chief stated he is not aware of any damage to vehicles, and that there has not been any complaints regarding damage due to the use of this practice. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Campbell moved to adopt Ord. 1712 on first reading. Dr. Pullen seconded motion. Mr. Holmes announced a conflict of interest as he works for a wrecker company and will abstain from the vote. The City Attorney clarified that this ordinance puts the companies who practice booting, rather than towing a vehicle, into the same scenario as the wrecker service trucks, and that contracts have to be proved between these companies and the private property owners. Mr. Minich stated his feeling that the original ordinance was overly restrictive for towing companies and he will vote against this ordinance. u n__ ~ ___ __~ n_ ~_ n_ ________ n  125 Regular Council 11/28/ 06 O'RD. 1712 ( CONTI The Mayor called for the vote on the motion and it carried by a vote of 5 to 1 with Patterson, Campbell, Tucker, Pullen, and Hartwell in favor and Minich Holmes opposed ( abstained). REGULAR AGENDA- GENERAL PUBLIC Sam Kinkaid, future resident of Villa de Mare Condominiums, expressed her concerns regarding the narrow width of the road and the lack of parking spaces for visitors of residents of the condominium. Ms. Kincaid stated City staff measured the road who advised it was " pretty close" to the plans, but not what the plans depicted. Ms. Kinkaid stated that Council had the opportunity to make right the road that was not put in correctly, and asked Council to " make it right. " The City Attorney reiterated her previous advice to the City, and that the City is in a position where at least one attorney is representing the homeowners of Villa de Mare on this issue. The City Attorney also stated that Staff has been working with the developer