Fort Walton Beach Council minutes — 08-14-2001 Regular — reading text

241 a:~~~ IJ '. ' 1_ 1 d',........ A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, August ] 4, 2001, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Glenda Glover I Councilmen: Clay Carnathan, Janet Baggett, Jim Dowling ( arrived at 7: 08 p. m.), Jim Tucker, Wayne Pullen, Chuck Kelley, and Mike Anderson. Also Present: Reid Silverboard, City Manager; Helen Spencer, City Clerk; Joyce Shanahan, Finance Director; Jerry Miller, City Attorney; Department Directors and Media m;_ The Mayor called the meeting to order and welcomed everyone. She 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. Mayor Glover gave the invocation and led in the Pledge of Allegiance. TION- DOMJNICX I! I' IOUN' NOI The Mayor presented a proclamation to MIS Director Dominick Fiorentino on his selection to the HTE Users Group Board of Directors, which is comprised of seven information technology professionals & 010 throughout the United States. A1 Mr. Carnathan moved to approve the following Consent Agenda items. Mr. Tucker seconded motion and it carried unanimously with Carnathan, Baggett, Tucker, Pullen, Kelley, and Anderson in favor (Dowling absent). l.j.:~.."'..'.'." "\~....."':""".'.' ........ ..' ......~~...... ........ v~'.'..- ,- ,',,' .." .;,~:;';:..,. " ',. ~ ..ft'"<.,,, .' " ,',' .... To award Bid #0]- 149, Rehab of 100 Methodist Avenue, SE, to the lowest responsive, responsible bidder, Unlimited Renovations, at a cost not to exceed $ 15, 500. 00. IBID 01- 149~REIWI or .81 KJWI PLACE, ~ To award Bid # 01- 149, Rehab of ] 01 Kiwi Place, NE, to the lowest responsive, responsible bidder, Unlimited Renovations, at a cost not to exceed $21, 900.00. i" 4J ' ,.... S8JJI To award Bid # 01-] 47, Rye Seed, to the lowest responsive, responsible bidders, Turf Merchants of Tangent, Oregon; Helena Chemical Company of Summerdale, Alabama; and BWI Companies, Inc., of Jackson, Mississippi, for an estimated total amount of$ 52, 260.00 to overseed the warm- season grasses that have been planted in the City's parks, cemetery, rights- of-way medians, wastewater spray field and golf courses before they go dormant in the fall. The following Consent Agenda item was voted on separately. I jL'.~ Approval of minutes trom the Regular COlUlcil Meeting of July 31, 2001. Mrs. Baggett addressed the minutes of July 31, 200 I, which reflect her as voting in opposition to the motion to award Bid #01- 139, Coffee Services. She advised she cast a positive vote to award the bid and wanted that reflected in the minutes. The City Clerk advised an additional amendment to the minutes has been distributed to Council and that the proper changes will be made.  8/14/ 01 242 evALD' i_ tJ'II' i'~ Mrs.Baggett moved to approve the minutes from the Regular Council Meeting of July 31, 2001, as amended. Mr. Tucker seconded motion and it carried unanimously with Carnathan,Baggett, Tucker, PuDen, Anderson, and Kelley in favor (Dowling absent). Mr. Dowling arrived at 7: 08 p. m. lPDJlliIc~ ti~ l_ t" iooDrJ The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH. FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 20. LAND DEVELOPMENT CODE, ARTICLE IX. SIGNS, BY AMENDING ARTICLE IX; PROVIDING FOR REPEAL OF PROVISIONS RELATING TO DIVISION I.GENERALLY; SECTION 20- 2001. DEFINITIONS; SECTION 20- 2002. PENALTY FOR VIOLATIONS; SECTION 20- 2003. PURPOSES AND INTENT; SECTION 20- 2004. VIOLATIONS; SECTION 20- 2005. ABANDONED SIGNS; SECTION 20- 2007. MISCELLANEOUS PROHIBITED SIGNS; SECTION 20- 2008. NUMBER OF SIGNS ALLOWED; SECTION 20- 2009. LOCATION RESTRICTIONS; SECTION 20- 2010. WIND PRESSURE; SECTION 20-2011. WORKJNG STRESSES; SECTION 20- 2012. USE OF PLASTIC MATERIALS; SECTION 20-2013. SETBACK AND HEIGHT OF SIGNS; SECTIONS 20-2014- 20- 2030. RESERVED; DIVISION 2. ADMINISTRATION AND ENFORCEMENT; SUBDIVISION I. GENERAL PROVISIONS; SECTION 20- 2031. ENFORCEMENT; SECTION 20- 2033. UNSAFE SIGNS; SECTIONS 20-2034-- 20- 2050. RESERVED; SUBDIVISION II. PERMITS, INSPECTIONS, ETC., SECTION 20- 2051. REQUIRED; APPLICATION; IDENTIFICATION; INSPECTIONS; SECTION 20- 2052. SIGNS REQUIRING A PERMIT AND FEE; SECTION 20-2053. EXEMPTED SIGNS AND ACTIVITIES; SECTIONS 20- 2054-- 20- 2075. RESERVED; DIVISION 3. REGULATIONS FOR SPECIFIC TYPES OF SIGNS; SECTION 20- 2076. AWNING SIGNS; SECTION 20-2077. BANNER SIGNS; SECTION 20- 2078. FREE- STANDING SIGNS; SECTION 20- 2079. LIGHTING; FLASIDNG OR ROTATING SIGNS; SECTION 20- 2080. MARQUEE AND CANOPY SIGNS; SECTION 20- 2082. AREA AROUND OFF- PREMISES SIGNS; SECTION 20- 2083. PORTABLE SIGNS; SECTION 20- 2084. PROJECTING SIGNS; SECTION 20- 2085. ROOF SIGNS; SECTION 20- 2086. UNDER-CANOPY SIGNS; SECTION 20- 2087. WALL SIGNS; SECTION 20- 2088. TEMPORARY SIGNS; SECTION 20- 2089. READERBOARD OR PRICE; PROVIDING FOR CREATION OF SECTION 20- 2001: PURPOSE AND INTENT; SECTION 20- 2002: INTERPRETATION; SECTION 20- 2003: DEFINITIONS; SECTION 20-2004: VIOLATIONS; SECTION 20-2006: PERMIT PROCESS AND INSPECTIONS; SECTION 20- 2007: CONSTRUCTION REQUIREMENTS; SECTION 20- 2008: MAINTENANCE AND SAFETY; SECTION 20- 2010: SIGNS PERMITTED--C- I, C- 2, M- I, M- 2, P- I, P- 2, DC- 3 AND DR-4 DISTRICTS; SECTION 20- 20 11: SIGNS PERMITTED--MUMS, MUW- 18, AND R-NC DISTRICTS; SECTION 20- 2012: SIGNS PERMITTED--R-2 AND DR-3 DISTRICTS; SECTION 20- 2013: SIGNS PERMITTED- R- IA AND R- l DISTRICTS; SECTION 20- 2014: SIGNS PERMITTED-SPECIFIC USES; SECTION 20- 2015: SIGNS EXEMPT FROM PERMIT REQUIREMENT; SECTION 20- 2016: TEMPORARY SIGNS; SECTION 20- 2017: DISCONTINUED SIGNS; SECTION 20- 2018: LANDMARK SIGNS; SECTION 20- 2019: APPEALS; PROVIDING FOR AMENDMENT AND RENUMBERING OF SECTION 20- 2032. NONCONFORMING SIGNS; AND SECTION 20- 2006. PROHIBITED OR RESTRICTED USE SIGNS GENERALLY; PROVIDING FOR RENUMBERING OF SECTION 20-2081. OFF- PREMISES SIGNS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. Robert Emmanuel, 30 S. Spring Street, Pensacola, representing Lamar Advertising, discussed what he feels is a deficiency in the provision regarding the reestablishment of non- confonning signs after damage or destruction when that damage or destruction exceed the lesser of the value of the sign as reflected on the owner' s last tangible property tax return filed prior to the date of damage or destruction, or 50010 of the original cost of the sign, including installation. Mr. Emmanuel requested Council consider an amendment to that portion of the ordinance that provides a fair provision to protect true and defensible property rights of the citizens. Discussion included the tangible property tax issue of the proposed ordinance, and language & om ordinances of neighboring municipalities pertaining to reestablishment of signs. Jay Odom, owner of Uptown Station, 99 Eglin Parkway, has concerns regarding the provision for the reestablishment of signs, but advised he is in favor ofthe City moving forward with adoption of the ordinance. Chris Gibson, 249 Brooks Street, discussed the maintenance and safety issue of old billboards that have been rebuilt after hurricanes, and asked Council to consider adopting the ordinance as it is written.  8/ 14/ 01 243 IorUit_.(~ . . . ..... William Terry, owner of Gulf Coast SignS 10 Pensacola and a registered contractor 10 the City, spoke 10 OpposItIOn of the ordinance, stating it was confusing and not business triendly, and asked Council to send it back for rewriting. Further discussion included the desire to make Fort Walton Beach attractive by having signage that compliments the City. Joe Raines, Vice President and General Manager of Lamar Advertising, requested the provision regarding reestablishing of signs remains as it is in the current ordinance, and also discussed the appearance and safety of old billboards in the City. I As there was no one else who wished to the public hearing was closed. speak., Mr. Carnathan moved to adopt Onl. 1452 on second readiBg. Mrs.Baggett seconded motion. Mark Miller, the attorney representing the City in development of the ordinance, explained the language in the ordinance regarding the tangible property tax refers to the depreciated value filed on the last tax return filed by the property owner. The Mayor called for the vote on the motion and it carried by a vote of 5 to 2 with Carnathan, Baggett, Dowling,Kelley, and Andersoa is favor and Tucker aad PulleD opposed. ON_........, A.~.. c4llSO~ The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH. FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF THE AREA GENERALLY DESCRIBED AS THE PROPERTIES ON METHODIST AVENUE SE, CARSON DRIVE, SE, AND THE WEST SIDE OF WINDHAM AVENUE SE, LOCATED BETWEEN SECOND STREET SE AND THIRD STREET SE, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM R- I ( SINGLE FAMILY DWELLING) DISTRICT TO R-2 (MULTIPLE F AMIL Y DWELLING) DISTRICT; PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP AND PROVIDING AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and advised there was no opposition to the application. The Mayor opened the public hearing. As there was no one who wished to speak, the public hearing was closed. Flinn Fagg, Planner n, offered the staff report into the record. The Mayor announced the staff report was admitted into the record. Mr. Kelley moved to adopt Ord. 1450 on second reading. Mrs. Baggett seconded motion and it carried unanimously with Caruatban,Baggett,Dowling, TlICker, PnIIen,KeDey and Anderson ill favor. I_'''''''_~ I~ The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH. FLORIDA; PROVIDING FOR AUTHORITY; I PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF PROPERTY GENERALLY DESCRIBED AS THE AREA SOUTH OF BROOKS STREET BETWEEN THE CAMP WALTON VILLAGE DEVELOPMENT ON THE WEST AND THE EASTERN BOUNDARY OF THE TALlES IN SOUTH SUBDIVISION, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM DR-4 MULTIFAMILY RESIDENTIAL) DISTRICT TO MUW- 12 ( MIXED-USE WATERFRONT)