Fort Walton Beach Council agenda — 04-11-06 Regular — reading text

past. The Mayor stated the plans are to demolish the that the building; City does not intentionally allow drug activity to go on anywhere and will do the best they can to stop the drug activity. As there was no one further who wished to speak, the public hearing was closed. The City Manager briefly went over the proposed schedule of activity on the property with the City to take ownership of the property tomorrow; they will post the property that the City now owns the property; the water and sewer services will be turned off on Thursday, if the owner has not turned them off; then there will be an asbestos already inspection; the property will be boarded on Friday so there can be no entrance; the asbestos inspection should come back in a week and from that the City will know how to proceed with demolition. Dr. Pullen moved to adopt Ord. 1695 on second reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. Mr. Minich expressed support on the purchase of the property and commented the tenants should have 30 days and wished to know if the closing date on the purchase could be changed to April 11 tho The City Manager responded she did not believe it could. The City Attorney commented the closing date is not the concern, it is the City taking possession of the property that will entitle the City to make the decision on the tenants. PUBLIC HEARING: ORD. 1702: CABLE FRANCHISE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT W ALTON BEACH, FLORIDA, RELATING TO THE GRANTING OF A FRANCHISE FOR THE USE OF THE CITY' S RIGHTS- OF- WAY FOR THE CONSTRUCTION, RECONSTRUCTION, OPERATION AND MAINTENANCE OF A CABLE COMMUNICATIONS SYSTEM WITHIN THE CITY BY COX COMMUNICATIONS GULF COAST, L.L.C. ( COX); PROVIDING FOR AUTHORITY; SHORT TITLE; GRANT OF FRANCHISE; RIGHT OF CITY TO ISSUE FRANCHISE; AN EFFECTIVE DATE OF FRANCHISE AND EFFECT UPON EXISTING FRANCHISE; TERM; NON- EXCLUSIVITY; INCORPORATION OF THE CABLE ORDINANCE BY REFERENCE AND RESOLUTION OF CONFLICTS; DEFINITIONS; SERVICE AREA; SYSTEM AND CAPACITY; CONSTRUCTION AND INSPECTION; SYSTEM SERVICES; ACCESS AND INSTITUTIONAL NElWORK; SUBSCRIBER INFORMATION AND RIGHTS; EQUAL EMPLOYMENT OPPORTUNITY; RATES; FRANCHISE RENEWAL; POLICE POWERS; PERFORMANCE SECURITY; REGULATION; REMEDIES; LIQUIDATED DAMAGES; COOPERATION; WAIVER; CUMULATIVE PROVISION; NOTICES; CAPTIONS; NO JOINT VENTURE; ENTIRE FRANCHISE; SEVERABILITY; TIME IS OF THE ESSENCE; CONSTRUCTION OF FRANCHISE; TRANSFER OF FRANCHISE AND ADDITIONAL SERVICES.  3- 28- 06 Regular Council 148 ORD. 1702 ( CONTI The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1702 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING - ORD. 1683: DENSITY INCREASE IN MUMS DISTRICT The City Attorney read the ordinance by title. FOR AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING 12.45 AUTHORITY; AMENDING VOLUME IV LAND DEVELOPMENT CODE, CHAPTER REDEVELOPMENT PROJECT AREA, SECTION 12.456. 05; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. will bring the MUMS Zoning District of the Peggy Fowler, CDS Planner II, explained the amendment residential density Land Development Code consistent with the Comprehensive Plan to allow the base of twelve units per acre to increase to a base residential density of 24 units per acre, up to a maximum features with associated bonus points are density of 30 residential units per acre, when specific design included in the site plan. closed. The Mayor opened the public hearing. As there was none, the public hearing was Mr. Minich moved to adopt Ord. 1683 on first reading. Mr. Campbell seconded motion and it Pullen, Hartwell, and Minich in carried unanimously with Holmes, Patterson, Campbell, Tucker, favor. PUBLIC HEARING - ORD. 1685: ANNEX 1940- 1950 LEWIS TURNER BLVD The City Attorney read the ordinance by title. TO THE AN ORDINANCE OF THE CITY OF FORT W ALTON BEACH, FLORIDA; RELATING OF ANNEXATION OF A PARCEL OF LAND SITUATED IN THE UNINCORPORATED AREA SECTION 26, TOWNSHIP 1 SOUTH, RANGE 24 WEST OKALOOSA COUNTY IN THE SOUTH % OF MAKING AND HAVING THE PHYSICAL ADDRESS OF 1940- 1950 LEWIS TURNER BOULEVARD; ANNEXING THE FINDINGS OF FACT; AUTHORIZING THE PETITION FOR ANNEXATION; DESCRIBED PROPERTY PURSUANT TO LAW AND REDEFINING THE MUNICIPAL BOUNDARY; AND SETTING AN EFFECTIVE DATE. into the City, Len Mitchell, CDS Long- Range Planning Manager, described the property to be annexed the will be considered explained ordinances to establish land use designation and zoning for property of the at a later date, and noted due to additional public hearing requirements, the second reading and ordinance will be held on April 25, 2006. He reviewed the requirements for voluntary annexation the ordinance. reported the Municipal Planning Board recommended approval of The Mayor opened the public hearing. As there was none, the public hearing was closed. and it Mr. Patterson moved to adopt Ord. 1685 on first reading. Mr. Tucker seconded motion Minich in carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and favor.  Regular Council 3- 28- 06 149 ORD 1685 ( CONTI Mr. Tucker moved that the City Council authorize the City Manager to enter into negotiations with the County Commissioners to determine their interest in acquisition of properties to be known as 1940- 1950 Lewis Turner Blvd. for a judicial center. Mr. Holmes seconded motion. Mr. Tucker explained the County is approaching the time where a judicial center will need to happen and the City has the opportunity to keep it in the south county where the majority of the people live. He wished to offer the County an option. Mr. Minich moved to postpone the issue until the next Mr. Hartwell seconded motion. meeting. Mr. Minich wanted an opportunity to receive more information on the issue and talk with the public to see if this is what they want to do. Mr. Tucker stated the County Commissioners will bring up the subject for discussion on April 7th, and he wished to have this as an option available to the County. Dr. Pullen commented the motion is just to have the City Manager explore it and that information will come forward. The Mayor called for the vote on the motion to postpone and it failed by a vote of 2 to 5 with Holmes and Minich in favor and Patterson, Campbell, Tucker, Pullen, and Hartwell opposed. The Mayor called for the vote on the motion to a uthorize the City Manager to enter into negotiations with the County Commissioners to determine their interest in acquisition of properties to be known as 1940- 1950 Lewis Turner Blvd. for a judicial center and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING - ORD. 1694: TREE PROTECTION AND HERITAGE TREES The City Attomey read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 12. 72. 01 OF THE LAND DEVELOPMENT CODE TO PROTECT A GREATER NUMBER OF TREES DURING DEVELOPMENT OF ALL TYPES EXCEPT DETACHED AND ATTACHED ONE FAMILY DWELLING UNITS; REMOVING CABBAGE PALMS ( SABLE PALMETTO) FROM THE REPLACEMENT TREE LIST; ENACTING A NEW SECTION ENTITLED " HERITAGE TREE RECOGNITION," AND PROVIDING AN EFFECTIVE DATE. Paul Zimmerman, City Engineer, explained the changes in the tree protection provisions and the new heritage tree recognition program. The Mayor opened the public hearing. As there was none, the public