Fort Walton Beach Council minutes — 12-08-1998 Regular — reading text

229 A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, December 8, 1998, at 7: 00 p.rn. in the Council Chambers at City Hall, with the following members present: Mayor Glenda Glover I Councilmen: Jim Dowling. Chris Gibson, Dean Covey, Chuck Kelley, and Margie Collins Absent: Clay Carnathan, Bob Campbell Also Present: Reid Silverboard, City Manager; Helen Spencer, City Clerk; Joyce Shanahan, Finance Director; Jerry Miller, City Attorney; Department Directors and Media The Mayor caned the meeting to order and welcomed everyone. She requested anyone who wished to address Council to approach the podium after being recognized, then state their name and address for the record. Mayor Glover gave the invocation and led in the Pledge of Allegiance. Mr. Covey moved to approve the following consent agenda items. Motion was seconded by Ms. Gibson and canied imously with Dowling, Gibson, Covey, Kdley, and Collins in favor (Camathan and Campbell absent). un... Approval of minutes from the Special Council Meeting of November 17, 1998, and the Regular Council Meeting of November 24, 1998. Award Bid #99- 104, 12 CY Dump Truck, to the lowest, responsive responSIble bidder, Atlantic Truck Sales of Fort Lauderdale, Florida, under State Contract Price at the net price of $59,229. 00, including air conditioning and rust proofing options. Award Bid #99- 123, Engineering Plotter, to the lowest, responsive responsible bidder, Comark Govt & Educational, of Lake Wales, Florida, in the amount of$ 6, 356. 32. The following consent agenda items were voted on sepmately. falD . 101. GOLF CAlt1' PA'IBSi Mr. Covey moved to award Bid 9 # 9-101, Golf Cart Paths, to tbe lowest, responsive responsible bidder, Creative Custom Curbs o( Crestview, Florida, o ( material and labor to install 7' wide by 4" tbick cement cart patbs and 4" thiek by 6" r tall curbing at a cost of $11. 30 per linear foot ( or cart paths and $ 4.15 per Unear foot for curbing, for an approximate cost o( $ 29,990. 20. Also, tbat the City Manager be permitted to extend tbe bid if mutually agreed upon by both pardes or an additional one- year period. Motion was seconded by Mrs. ColUns. I Council received clarification on the provision permitting the City Manager to extend the bid for an additional one-year period. The Mayor called ( or the vote on the motion and it carried unanimously with nowling, Gibson, Covey, KeDey, and Collins in favor (Camathan and Campbell absent). 1;F. g,ji~~,.;;_""", ,,, irt>,,,, "-....... c.. Mr. Covey moved to award Bid # 102, GreenSlDOwer, to tbe lowest, responsive responsible bidder, Tieco, for the 99- purcbase of a Jacobsen Model 62273, including $ 162. 00 for an additional one-year warranty for a total amount of SI6,663. 00, for a total walTanted period of two years. Motion was seconded by Mrs.Collins.  1218/ 98 230 4 Council received clarification that this type of equipment is not sole source and that equivalent equipment may be purchased, depending on the item. Tbe Mayor called for tbe vote on tbe motion and it carried unanimously witb Dowling, Gibson, Covey, .KeUey, and Collins in favor (Carnathan and Campbell absent). 99-119, Indian Temple Mound Restroom Construction, to the lowest. responsive Mr. Covey moved to award Bid # responsible bidder. Wbitrock Associates of Fort Walton Beach. in the total amount of 534,900. Motion was seconded by Ms.Collins. Council received clarification that the funding available for the project includes funds available from the Tourist Development Council. The Mayor called for the vote on the motion and it carried unanimously with Dowling. Gibson. Covey, Kelley. and Collins in favor (Carnatban and Campbell absent). aoW, 6U POWELL DIU'VEf AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT, PROVIDING FOR THE VACATION, ABANOONMENT, DISCONTINUANCE AND CLOSURE OF THE NORTH 13. 58 FEET OF THE NORTH RIGHT.Q. F- WAY OF EAGLE STREET LYING SOUTHERLY OF AND ADJACENT TO LOT 18, BLOCK J, FIRST ADDITION TO COUNTRY CLUB ESTATES, AS RECORDED IN PLAT BOOK 4, PAGE 16 OF THE OFFICIAL RECORDS OF OKALOOSA COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 18, BLOCK J; THENCE NORTH 89 35' 27" WEST ALONG THE SOUTH LINE OF SAID LOT 18, A DISTANCE OF 133. 11 FEET TO THE SOUTHWEST CORNER OF SAID LOT 18; THENCE DEPARTING SAID SOUTH LINE, SOUTIl 00 30' 40" WEST, 13. 58 FEET; THENCE SOUTH 89 35' 27" EAST, 133. 13 FEET; THENCE NORTH 00 24' 43" EAST, 13, 58 FEET TO THE POINT OF BEGINNING, CONTAINING 0,0415 ACRES, MORE OR LESS, BEING A PORTION OF LOT 17, BLOCK J, WHICH HAS BEEN DEDICATED TO THE CITY OF FORT WALTON BEACH FOR ROADWAY AS SHOWN ON SAID PLAT; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing and asked if anyone wished to address the issue. The applicant Larry Munz, 636 Powell Drive, was available to answer any questions Council might have. As there was no one who wished to speak, the public hearing was closed. Mrs. Collins moved to adopt Ord, 1363 on first reading. Motion was seconded by Mr. Dowling and carried unanimously with Dowling. Gibson, Covey, Kelley, and Coltins in favor (Carnathan and Campbell absent). loRD. 1364t TllllEA TENINGJRARASSING HERA VlOR FOR PURPOSES OF SOLICITA TIoNl AN ORDINANCE OF THE CITY OF FORT W ALTON BEACH, fl"ORIDA, PROVIDING FOR AUTHORITY; ADOPTING SECTION 29.41, THREATENING, INTIMIDATING, OR HARASSING BEHAVIOR FOR. PURPOSES OF SOLICITATION; REGULATING CERTAIN CONDUCT THAT CONSTITUTES DEMANDING, ASKING OR BEGGING FOR SOLICITATIONS OR EXHIBITING ONESELF FOR SUCH PURPOSES; PROVIDING FOR A PENALTY FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was no one who wished to speak,the public hearing was closed. Ms. Gibson moved to adopt Onl. 1364 on first reading. Motion was seconded by Mr. Kelley. The Police Chief explained the ordinance is constructed as an attempt to address aggressive and/or threatening panhandlers in all areas of the City, particularly at Fort Walton Landing and l1tOwn Fort Walton Beach, do\\' The Mayor called for the vote on the motion and it carried unanimously with Dowling, Gibson, Covey, Kelley, and Collins in favor (Carnathan and Campbell absent).  12/ 8/98 231 i" AN ORDINANCE OF THE CITY OF FORT WALTON BEACH. FLORIDA. PROVIDING FOR AUTHORITY~ ADOPTING SECTION 29. 43, ASSEMBLIES OBSTRUCTING STREETS AND SIDEWALKS~ REGULATING CERTAIN ASSEMBLIES THAT OBSTRUCT PUBLIC S1REETS AND SIDEWALKS; PROVIDING FOR A PENALTY FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was no one who wished to speak, the public hearing was closed. Ms.Gibson moved to adopt Ord. 1365 on fint reading. Motion was seconded by Mrs.Collins. I The Police Chief explained the purpose of this ordinance is to prohibit individuals or groups from loitering on sidewalks and streets, blocking either pedestrian or vehicular traffic, or both. The Mayor called for the vote on the motion and it carried unanimously with Dowling, Gibson, Covey, KeUey, and Collins in favor (Carnathan and Campbell absent). S." ." ~: .". _' ___"" -~" ~,:.--~ " _-=' _ ,,'--' AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA. PROVIDING FOR AUTHORITY~ AMENDING SECTION 29-42, CRIME SCENE REGULATION~ ESTABLISHMENT OF POLICE LINES; PROVIDING FOR A PENALTY FOR VIOLATIONS~ AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was no one who wished to speak, the public hearing was closed. Ms.Gibson moved to adopt Ord.1366 on first reading. Motion was seconded by Mr. KeUey. The Police Chief explained this ordinance would make it easier for police officers to protect and control crime scenes. The Mayor called for the vote on the motion and it carried unanimously with Dowling, Gibson, Covey, KeUey, and Collins in favor (Carnathan and CampbeU absent). Q1\D~ .~~. JUGRtTO~ AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA. PROVIDING FOR AUTHORITY~ PROVIDING FOR 29-44, RIGHT TO ENTER; ALLOWING ANY CITY LAW ENFORCEMENT OFFICER OR TAX REVENUE DIVISION OFFICER TO ENTER LICENSED PREMISES; PROVIDING FOR PENALTY FOR VIOLATIONS~ AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was no one who wished to speak, the public hearing was closed. Ms.Gibson moved to adopt Ord. 1367 on fint reading. Motion was seconded by Mr. Dowling. The Police Chief explained this ordinance is designed to authorize all police officers to enter any business with a City license for issues involving safety, health, or morals. Council expressed concern that officers wouJd enter businesses without probable cause and that the power couJd be considered harassment. The Police Chief clarified that police must have an absolute definable reason to enter a business, and this ordinance would allow officers to check out areas, such as back rooms not easily seen from the main area of the businesses. The City Manager reiterated this ordinance is one additional tool that police officers need in their work. I The Mayor called for the vote on the motion and it carried by a vote of 4 to 1 with Dowling, Gibson, Covey, and Kelley in favor and Collins opposed ( Carnathan and Campbell absent). loRD, ,~' ALCOIIOLIC v.ERAcuI AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA. PROVIDING FOR AUTHORITY; AMENDING SECTION 4-6, CONSUMPTION OF ALCOHOLIC BEVERAGES AND POSSESSION OF OPEN CONTAINERS RESTRICTED; REGULATING CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES, AND OPEN ALCOHOLIC BEVERAGES CONTAINERS ON CERTAIN PUBLIC PROPERTIES~ REGULATING CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES THAT ARE LICENSED FOR ONLY OFF-PREMISES CONSUMPTION~ PROVIDING FOR A PENALTY FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.  1218/ 98 232 tQ The Mayor opened the public hearing. As there was no one who wished to speak.the public hearing was closed. Ms.Gibson moved to adopt Ord. 1368 on first reading. Motion was seconded by Mr. Dowling. Council received clarification that the ordinance applies to city parking lots and public property. The Police Chief amended the ordinance, adding the verbiage. ." licensed for alcoholic beverage sales or". . to Section 4. 6 to allow for the sale of alcoholic beverages at the golf course. Ms. Gibson amended her motion to include the added verbiage. Mr. Dowling accepted the amendment. The City Attorney stated he had the