Fort Walton Beach Council minutes — 03-13-07 regular minutes — reading text

207 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 13, 2007 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, March 13, 2007, 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 ( arrived at 8: 25 pm), Dr. Wayne Pullen, and Mike Minich Absent: Jim Hartwell Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk ( arrived at 8: 30 pm); 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 Pastor Jeff Rouff, Living Hope Church, gave the invocation. PLEDGE Youth from Living Hope Church led in the Pledge of Allegiance. PROCLAMATION - ALGER BIELLO The Mayor presented a proclamation to Alger Biello upon his retirement from the Golf Course. PROCLAMATION - REPRESENTATIVE RAY SANSOM The Mayor presented a proclamation to Representative Ray Sansom commending him on his accomplishments in the Florida House of Representatives. SPECIAL GUEST - REPRESENTATIVE RAY SANSOM Representative Ray Sansom mentioned the issues being discussed by the legislators for property tax relief and property tax reform with a change in the law for a millage roll- back on non- homestead property and a constitutional amendment to replace the homestead exemption with a sales tax. He gave assurance that the legislature is committed 100% to working with the city and county governments on the issues. CONSENT AGENDA Mr. Minich moved to approve the following consent agenda items. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Pullen, and Minich in favor (Tucker and Hartwell absent). MINUTES Approval of the minutes of the Council Workshop of February 27, 2007, and the Regular Council Meeting of February 27, 2007.  3- 13- 07 208 Regular Council PURCHASE % TON PICKUP TRUCK Purchase one ( 1) ~ Ton Pickup Truck 4 x 2 under the provisions of the Florida Sheriffs Association Contract from Orville Beckford Ford, Milton, Florida, for a total cost of $ 15,460. 00 with the HD towing 5000 Ibs w/ Class IV hitch, long bed, rainshields, shop manuals, limited slip or locking differential, power windows and door locks, and cruise control for the Public Works Department, Right- of-Way Maintenance. PURCHASE DRY- PIT SUBMERSIBLE PUMP Award Bid No. 07- 108, Purchase of One Dry- Pit Submersible Pump, to the sole responsive, responsible bidder, Hydra Service, Inc., Robertsdale, Alabama, for the bid amount of 59, 237. 50, including optional spare parts of adder for stainless steel impeller, adder for stainless steel seal retainer plate, volute, coated with Belzona, wear ring, base elbow, coated with Belzona, and pump stand, for the Utilities Department. NWF FAIR ASSOCIATION OPERATIONS PLAN UPDATE Update the Northwest Florida Fair Association 2007 Operations Plan, to include a " Cash in the Nursery" rummage sale on March 23, 2007. FINAL PLAT FOR LAPEE SUBDIVISION QUASI-JUDICIAL- Consideration of a request for Final Plat Approval for Lapee Subdivision, located at 149- 151 Rainbow Drive NW. The applicant is requesting that the existing developed parcel be split into two lots, Lot 1 and Lot 2, for the purpose of transfer of ownership for development. Requested by Merle Thumma and Dowco One of Florida, Agents for Betty Jean Godwin, owner. The City Attorney gave the oath to the CDS Director, Missy McKim. The CDS Director briefly went over the request that the existing parcel be divided into two lots. She reported the Municipal Planning Board recommended approval and submitted the staff report for the record. The Mayor received confirmation from the applicant there was no objection. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to approve the final plat for Lapee Subdivision, located at 149- 151 Rainbow Drive NW. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Pullen, and Minich in favor (Tucker and Hartwell in favor). FINAL PLAT FOR CREWILLA '" SUBDIVISION QUASI-JUDICAL- Consideration of a request for Final Plat Approval for Crewilla III Subdivision, located at 240 Crewilla Drive NW. Requested by Robert Killingsworth, Agent for Philip L. Williams Trustee for Marvin C. Williams Trust, owner. The applicant is requesting that the existing developed parcel be split into two lots, Lot 1 and Lot 2, for the purpose of transfer of ownership for development. The CDS Director briefly went over the request that the existing Lot 2 be divided into two lots. She reported the Municipal Planning Board recommended approval and submitted the staff report for the record. The applicant was not present. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to approve the final plat for Crewilla '" Subdivision, located at 240 Crewilla Drive NW. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Pullen, and Minich in favor (Tucker and Hartwell absent). Regular Council 3- 13- 07 209 GENERAL PUBLIC Villa di Mare Kabe Woods, 240 Brooks Street, expressed his opinion on inconsistent application of the sign rules and requested clarification on the rules. He mentioned the drive in front of their property is private and felt it should be a two- way street until they are told it is a safety concern. He asked someone to let them know the rules and regulations and the baseline on what the property is to look like. Fire Chief Mike Dutton stated the signage at the Villa di Mare was reviewed, it is a one- way street, thesignage is by Code and there is no parking on either side; that is how the Fire Marshall has ruled. He said if the signage has not gone up it will go up in the next couple of days to ensure it is in full compliance. The question was asked if the City had jurisdiction over private streets. The Fire Chief replied if it impedes the way to the structure, they have control over it per the Florida State Fire Code. Sam Kinkaid, 240 Brooks Street, expressed her opinion that the Villa di Mare roads are supposed to be private, one- way streets were not mentioned in the development and mentioned it was permitted as a two-way street. She referred to the original plat approved and objected to the one-way street signage. The City Manager commented when the site plan was approved by Council the roadway was not wide enough to permit two- way traffic or to allow parking on one side of the roadway in order to have ingress and egress by emergency vehicles. Blinn Van Mater, 220 Eglin Parkway SE, architect for the Villa di Mare project, stated that the original roadways on the plat were always drawn wide enough to support two- lane traffic and mentioned there are other roads that are as equally wide used as two- way traffic, and there is parking on Brooks Street which is no wider. He said the issue today is that there is a plat, an agreement that was signed by the City, it met all the development requirements at the time, had conditions associated with it and none of those issues were raised before the plat was approved; they are all conditions placed on the property after the fact and beyond what was approved for development. He said he met with the owners and the developer today and they are prepared to meet with the Fire Department to see how they can resolve the issue for the benefit for both the City and the owners of the property. He suggested that no action be taken until they see if they can find an agreement the Fire Department can live with. The City Attorney mentioned there is an appeal process for any administrative decision that is made, and the appeal process would go before the Board of Adjustment. She said the property owners and everyone involved need to know that the decision by the Fire Chief is an administrative decision, there is an appeal process, and Council is not the proper place for such an appeal. INTERLOCAL AGREEMENT WITH OKALOOSA COUNTY ( FAIRGROUNDS PROPERTY) Consideration of entering into an Interlocal Agreement with Okaloosa County transferring the interest of 16. 3 acres of property located at 1958 Lewis Turner Blvd., from the City of Fort Walton Beach to Okaloosa County, at the purchase price of $ 2, 000, 000, subject to the conditions, covenants, and terms outlined herein. Further, if approved authorize the Mayor and City Clerk to execute the necessary documents. Jim Curry, County Administrator, mentioned the Agreement developed and the County believes the terms are good and fair and appreciate the partnership being formed with the City. 210 Regular Council 3- 13- 07 INTERLOCAL AGREEMENT WITH OKALOOSA COUNTY ( FAIRGROUNDS PROPERTY) cont. Mr. Patterson wished to know if the 16. 3 acres on the south side of the property is the exact location the County wants. Mr. Curry stated they worked closely with the City Manager and the Board and that is their consensus. Dr. Pullen expressed hope that an Agreement is being entered into that is beneficial to everyone including room for the fairgrounds to also utilize the area. The City Manager mentioned as part of the Interlocal Agreement they will draft an agreement for shared parking. She commented this is a great opportunity to partner with the County to move collaboratively forward. The Mayor called for public input. Virgil Miller, 26 Chelsea Drive, questioned the footprint for the 16. 3 acres and expressed concern about giving up so much frontage on Lewis Turner to use as a holding pond. He also expressed concern with the roads on Country Club and Mooney Road in the Kenwood area that will see an increase in traffic and that the County should make an obligation to upgrade those two roads. The Mayor mentioned that is not part of the Interlocal Agreement and will need to be worked out if it goes forward. The Finance Director pointed out the map and amount of land being sold in the proposal before Council tonight for approval is different than what Council had discussed or seen previously. She mentioned previously Council had looked at the parcel which would have required a shared use agreement for the parking lot, which has now been extinguished because the proposal before Council includes all of the front footage of the property, which is different than what had been seen