Fort Walton Beach Council minutes — 06-12-07 regular minutes — reading text

13 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JUNE 12, 2007 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, June 12, 2007, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, 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 Councilman Jim Hartwell gave the Invocation and led in the Pledge of Allegiance. RECOGNITION The Mayor recognized the City of Fort Walton Beach Relay for Life Team as the team which raised over $ 13, 000. 00 for the event and presented a plaque from the American Cancer Society to members of the team. SPECIAL GUEST Ted Corcoran, President, Greater Fort Walton Beach Chamber of Commerce, gave a review of the Billy Bowlegs festival that just ended, mentioned it is now the number one pirate festival in the State of Florida as well as the top 20 festival in the southeast and read a letter to the Mayor from the 52nd Captain Billy Bowlegs. He also gave a recap of activities taking place in the historic downtown Fort Walton Beach. APPROVAL OF AGENDA The Mayor recommended that Item # 24, review of financial condition of the Fort Walton Beach Pension Plan be moved up on the agenda after Item # 19, presentation of the quarterly reports. Mr. Minich moved to accept the agenda as the Order of the Day as modified by the Mayor. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. I"'" CONSENT AGENDA Item # 13, the Choctawhatchee Basin Alliance, was removed from the consent agenda to be voted on separately. Mr. Miller moved to approve the remaining consent agenda items. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. MINUTES Minutes of the Special Council Meeting of May 15, 2007; the Council Workshop of May 21, 2007; the Regular Council Meeting of May 22, 2007; and the Special Council Meeting of May 29, 2007. 14 6- 12- 07 Regular Meeting HYDRATED LIME BID Award Bid No. 07- 121, Hydrated Lime ( Annual Bid), to the low responsive, responsible bidder, lime on an as Cheney Lime & Cement Company, Allgood, Alabama, for the purchase of hydrated needed basis at $ 167. 85 a ton, for a period of one ( 1) year and to allow the City Manager to approve of the the extension of the bid with three ( 3)option years, if it is determined to be in the best interest City. REPAIR WELL # 6 Award Bid No. 07- 123, Repair Well # 6, to the low responsive, responsible bidder, Donald Smith rI.. Company, Headland, Alabama, for the bid amount of $ 29, 665. 00. MATERIALS FOR WORLD CHANGERS Award Materials for World Changers, to the low responsive, responsible bidders, Gulf Eagle Supply for the purchase of shingles and felt roofing materials, and to Lowes for the purchase of all other within the City. necessary materials to paint and/ or roof approximately 32 homes RELEASE OF LIEN - STOKES AVENUE Avenue NW that have paid in Approve the release of lien against certain properties located on Stokes full the assessment for street, drainage, water and sewer improvements levied by City Council in Resolution 07- 01 as follows: 214- 218 Stokes Ave (polden Inc) and 220 Stokes Ave ( AI P. Qualls, Jr) LAW ENFORCEMENT MUTUAL AID AGREEMENT Walton Beach Police Approve renewal of Law Enforcement Mutual Aid Agreement by the Fort Department with all other Okaloosa County Law Enforcement Agencies. REHAB 114 THIRD AVENUE Award Bid # 07- 119, residential rehabilitation of 114 Third Avenue, to the lowest responsive, responsible bidder, R.A. Rhoads Remodeling, in the amount of $ 33, 875. 00 under City' Community s Development Block Grant Program Year 2006/ 07. REHAB 222 BURNETTE AVENUE Award Bid # 07- 119, residential rehabilitation of 222 Burnette Avenue, to the lowest responsive, of $ 34, 600. 00 under the City' s responsible bidder, R.A. Remodeling, in the amount Rhoads Community Development Block Grant Program Year 2006/ 07. REHAB 216 BURNETTE AVENUE Award Bid # 07- 119, residential rehabilitation of 216 Burnette Avenue, to the lowest responsive, responsible bidder, Ponderosa Builders, in the amount of $ 25, 124. 00 under the City' Community s Development Block Grant Program Year 2006/ 07. REHAB 6 JONQUIL AVENUE Award Bid # 07- 119, residential rehabilitation of 6 Jonquil Avenue, to the lowest responsive, responsible bidder, Ponderosa Builders, in the amount of $ 29, 257. 00 under the City' s Community Development Block Grant Program Year 2006/ 07. CBA STORMWATER DRAINAGE. LlZA JACKSON PARK Consideration of approval to partner with the Choctawhatchee Basin Alliance ( CBA) for the restoration of the stormwater drainage canal at Liza Jackson Park. This partnership will include City staff overseeing the project management element and providing the CBA no more than $ 33, 000 to complete the engineering, design and survey work. Mr. Miller stated he noticed that the drainage improvement project on Powell Drive will be addressed and expressed concern that the Combs area drainage problem is not being addressed.  15 Regular Meeting 6- 12- 07 CBA STORMWATER DRAINAGE. LlZA JACKSON PARK cont. John Hofstad, Utilities Director, explained funds are earmarked for a joint study with Okaloosa County to study the entire drainage and watershed in the Combs area. He further explained they cannot send crews out there to start excavation work without permitting it through the Department of Environmental Protection. He said, as part of the Stormwater Utilities Study which will prioritize a list projects, they would like to get a base line estimate for costs then take the results with the prioritized list to determine where best to spend the capital dollars for actual projects. He said first they have to perform a hydraulic study of the watershed to determine the needs. He gave assurance that they do periodically go out there to perform maintenance on the system. Dr. Pullen received confirmation that a majority of the Liza Jackson Park project is being done under a grant. Mr. Reeves moved to partner with the Choctawhatchee Basin Alliance for the restoration of the stormwater drainage canal at Liza Jackson Park, with the City staff overseeing the project management element and providing the CBA no more than $ 33, 000 to complete the engineering, design, and survey work. Dr. Pullen seconded motion and it carried unanimously with Holmes, Pullen, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. GENERAL PUBLIC Beverly Parker, 105 Sudduth Court, described her and her husband' s intention to lease the old snow biz stand downtown to open the same type of entity. She explained when applying for the occupational permit they were made aware the existing permits had expired and all utilities turned off which put them in another category of zoning. She said in speaking with staff they are under the assumption that possibly they should not have a problem obtaining a permit for conditional use; however, it will not be until August and they are hoping to get a temporary permit to let them open sooner. She said they feel confident it will be advantageous to all parties to help curb vagrancy and encourage families to enjoy a frozen treat in a clean environment. The question was asked if there were any procedures to grant a temporary permit to allow them to operate until the Municipal Planning Board meets in August. The CDS Director explained the former use was nonconforming that expired and to reinstate it would require an application for conditional use. She said the next meeting of the Municipal Planning Board is in August, so they will lose June and July for operation of a snow cone business as there is no formal process to allow temporary use. She said the applicant has suggested to her if there is anyway they can operate June and July and if the conditional use is denied in August they will cease operation immediately. She said it is a use that has been there for years, accepted and loved, and there is nothing bad to say about it but they are losing two months to a formal process as there is no temporary approval she or the City Manager can give. The questioned was asked of the City Attorney if there was a way City Council could grant a temporary use. The City Attorney replied they are going to lease the property and as a permanent use she did not believe there is any way other than the conditional use permit to achieve the objective. She said there are temporary sales permitting but it would be on a much shorter term than a lease, and it would still have to go through the process for CDS and whether or not they would approve it. She said the Code does not allow the use they are dealing with once it has expired. The Mayor received confirmation that Council cannot override the Code. 16 Regular Meeting 6- 12- 07 GENERAL PUBLIC cont. It was questioned whether the Municipal Planning Board could hold an emergency meeting to consider the conditional use. The City Attorney replied according to their rules the Municipal Planning Board could call a Special meeting, but the whole process of a conditional use would have to be satisfied prior to the meeting. The CDS Director explained there are special advertising requirements for the conditional use, which they could prepare and meet the requirements by early to middle July, which would be in four to six weeks. She said a temporary use is for a limited period of a week and continual renewal for two months would not be the intent of the ordinance. The question was posed whether Council could pass a resolution to allow operation for