Fort Walton Beach Council minutes — 05-10-05 regular minutes — reading text

157 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MAY 10, 2005 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, 10, 2005, at 7: 00 p. m. in the Council Chambers at May 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 after podium being recognized, then state his or her name and address for the record. INVOCATION AND PLEDGE Rev. David Beiler, Evangelistic Center Assembly of God, Fort Walton Beach, gave the Invocation. PLEDGE OF ALLEGIANCE Youth from Evangelistic Assembly of God led in the Pledge of Allegiance. RECOGNITION The Mayor recognized Battalion Chief Gene Large for distinguished heroism during a water rescue on April 7, 2005. CONSENT AGENDA Mr. Campbell moved to approve the following Consent Agenda items. Mr. Patterson 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 26, 2005. BID 05- 115. SOLD WASTE DISINTEGRATOR To award Bid No. 05- 116, Solid Waste Disintegrator ( communitor), to the lowest responsive, responsible bidder, Franklin Miller, Inc. of Livingston, New Jersey, for the bid amount of 18, 250. 00. CHANGE ORDER- DESTIN ROOFING Ratification of a staff-approved change order to the contract with Destin amount of $2, 093. 00 to replace additional Roofing, Inc. in the damaged wood identified in the re- roofing of the Old Edwin Watts/ Meeting Room Building. ORD. 1627- REZONING OF 628 COUNTRY CLUB AVENUE TO R- 1A The City Attorney read the ordinance title by only. 158 5/ 10/ 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 Staff who expected to W'" testify this evening for this ordinance and the following two ordinances. The Mayor opened the public hearing. As there was none, the public hearing was closed. The Staff Report was entered and accepted into the record. Mr. Campbell moved to adopt Ord. 1627 on second reading. Mr. Patterson seconded motion. Mr. Holmes, Dr. Pullen, and Mr. Minich announced they attended the Municipal Planning Board meeting when this ordinance and the following two ordinances were discussed. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. 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 FORTWAL TON 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 Mayor opened the public hearing. As there was none, the public hearing was closed. The Staff Report was entered and accepted into the record. Mr. Patterson moved to adopt Ord. 1630 on second reading. Dr. Pullen seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1631. REZONING OF 500 HOOPER DRIVE NW The City Attorney read the ordinance by title only.  5/ 10/ 05 159 ORD. 1631 ( 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 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 Mayor opened the public hearing. As there was none, the public hearing was closed. The Staff Report was entered and accepted into the record. Mr. Campbell moved to adopt Ord. 1631 on second reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ORD. 1635. OCCUPATIONAL LICENSE TAX The City Attorney read the ordinance title by only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY, PROVIDING FOR THE AMENDMENT OF FORT WALTON BEACH CODE OF ORDINANCES, ARTICLE IV; OCCUPATIONAL LICENSE TAX, BY REPLACING SECTION 22- 98, FEE SCHEDULE, IN IT' S ENTIRETY WITH A NEW OCCUPATIONAL LICENSE FEE SCHEDULE BY INCREASING THE OCCUPATIONAL LICENSE RATES; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. The City Manager advised that based on the budget policy workshop, the ordinance is being brought to Council at this time because of a timing issue relating to the occupational license renewal. As there was none, the public hearing was closed. Mr. Holmes moved to adopt Ord. 1635 on first reading. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. EDWARD BYRNE GRANT-JUSTICE ASSISTANCE The Mayor read for the record the public hearing on the proposed 2005 Edward Byrne Memorial Justice Assistance Grant expenditures to purchase three in- car video systems to replace units currently in the patrol cars.The grant amount totals $ 10, 040, and no City match is required. Further, authorize the acceptance of the grant and the City Manager to execute all necessary grant documents. If approved, a budget amendment will be necessary at a later date. The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen moved to approve the proposed 2005 Edward Byrne Memorial Justice Grant expenditures in the amount of $1 0, 040 with no City match required, to purchase three in- car video systems to replace units currently in the police cars, and to authorize the City Manager to execute all necessary documents. Mr. Patterson seconded motion. 160 5/ 10/ 05 ED BYRNE GRANT ( CONT) Council received clarification that the video cameras will be used in all cars and will be used city- wide, not just in a particular area of the City. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. BOARD/ COMMITTEE UPDATE- GOLF CLUB ADVISORY BOARD Board/ Committee Update: Golf Club Advisory Board - Billy Mikel, Chairperson 1 This item was pulled from the agenda due to the Chairman being out of town. RES. 05-08- DESTIN EAST PASS The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, TO REQUEST THAT THE PRESIDENT' S BUDGET FOR THE UNITED STATES ARMY CORPS OF ENGINEERS BE AMENDED TO ALLOW FOR MAINTENANCE DREDGING OF DESTIN EAST PASS ( EAST PASS) ON A BIENNIAL BASIS AS A MEASURE TO IMPROVE PUBLIC WELFARE AND SAFETY BY ALLOWING PROPER AND SAFE ACCESS BETWEEN CHOCTAWHATCHEE BAY AND THE GULF OF MEXICO; AND PROVIDING AN EFFECTIVE DATE. The City Manager advised the federal government does not regularly budget for dredging the East Pass, and dredging is most often done after a hurricane. The City of Destin is asking the City to support their resolution to request monies in the federal budget for dredging of the East Pass, and send it to the Florida legislation. Mr. Tucker moved to adopt Res. 05- 08. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. RES. 05-09- SUPPORT OF SALES TAX EXEMPTIONS REVIEW The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH,