Fort Walton Beach Council agenda — 09-11-2007 workshop agenda — reading text

maintenance approach Vote: 63% 1. Yes 0- 2. No 38% 3. Further discussion Examine feasibility/impact of increased construction standards on insurance rates Vote: 50% 1. Yes 38% 2. No 13% 3. Further discussion Re- poll with only Council members voting. Vote: 43% 1. Yes 57% 2. No 0- 3. Further discussion Affordable housinq workshop Vote: 63% 1. Yes 25% 2. No 13% 3. Further discussion Examine options for in-door traininQ facility for police department Vote: 38% 1. Yes 50% 2. No 13% 3. Further discussion Re- poll with only Council members voting. Vote: 43% 1. Yes 57% 2. No 0- 3. Further discussion Examine City Hall relocation Vote: 25% 1. High priority 0- 2. Yes 50% 3. No 25% 4. Further discussion Re- poll with only Council members voting. Vote: 29% 1. High priority 0- 2. Yes 43% 3. No 29% 4. Further discussion  1- 20-07 Strategic Planning Session 162 CONCLUSION The City Manager thanked the Mayor and Council and Dr. Marlowe for their time. The Mayor and for their Council expressed positive comments on the days meeting and thanked staff and the public attendance. an election or to present the During comments, it was suggested the strategic meetings be held after that a two- year items again for fine-tuning input from any new elected officials; and was suggested it out then fine- tune budget cycle start next January where Council would look at the budget two- years the second year. The City Manager mentioned that generally Council adopts the strategic plan in Council member an opportunity February and staff will return with a quarterly update to give any new to revisit the issues if that is the consensus of Council. She mentioned during the last budget cycle she heard Council express they wanted to know the expenditures not only for this year but for next have going cost; and a two- year budget cycle year because some of the programs adopted an on- will place the City more strategically aligned to meet the issues that come forward. ADJOURNMENT Being no further business, the session adjourned at 3: 05 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm 1 IN THE CIRCUIT C9URT OF THE FIRST JUDICIAL CIRCUIT IN"AND FOR OKALOOSA COUNTY, FLORIDA LAMAR TEXAS LJMITED PARTNERSHIP d/b/ a LAMAR ADVERTISING OF FORT WALTON, Plaintiff: CASE NO. OQ- 202- CA VS. CITY OF FORT WALTON BEACH, Defendant. SETTLE:MENT AGREE:MENT Plaintiff, LAMAR TEXAS LIMITED PARTNERSHIP d/b/ a LAMAR ADVERTISING OF FORT WALTON ( hereinafter " Lamar''), by and through its undersigned attorney, ~ d Defendant, CITY OF FORT WALTON BEACH (hereinafter City"), by and through its undersigned attorney, hereby jointly stipulate and agree to enter into this Settlement Agreement of the above- styled cause of action as follows: 1. Lamar and the City shall execute tb,e Joint Motion. (copy attached hereto, hereinafter " Joint Motion") and file the same with the First District Court of Appeal in Case No. IDOO- 2487..  2. Upon entry of an order by the 1st D. C.A. granting the relief set forth in the Joint Motion, and the approval and ratification of this Settlement Agreement by the Circuit Court, Lamar and.the City stipulate and agree as follows: . a. Eight billboard stIUctures owned by Lamar are loca.ted on Federal- Aid Primary Highways ( UF AP Structures"), and eight billboard stroctures owned by Lamar are deral- aid highwa.ys. located on non- f~ Tbe non-federal- aid highway structures are identified on Exhibit " An attached hereto. The FAP Structures are identified in Exhibit B" attached hereto. b. Within 90 days from the later of: (i) the date the lot D. C. A. grants the relief referenced in paragraph 2 above, or ( ii) the' date the Circuit Court approves and ra1,if es this Settlement Agreement, Lamar shAll remove the eight billboard structures identified on Exhibit" A" which are located on non- federal- aid highways. c. Lamar' s eight billboard structures located on FAP highways Exhibit " B") are subject to the provisions of ~479. 15( 2), Fla. Stat. ( 2001), as that section is presently worded; provided,however, that nothing contained herein shall be construed to the with that provision if it is contractually require City' s compliance statutory subsequently repealed or amended. shall dismiss with prejudice, cause to be d. ' Lamar promptly or dismissed with prejudice, the following pending litigation styled as: Brown, Brown & Brown. et 901. v. City of Fort Walton Beach. Florida, Case No. 00- 2763- CA, in the Circuit Court of the First Judicial Circuit in and for Okaloosa County, Florida; and R Christensen S& D et al v. Municipal Code Enforcement Board of the City of Fort Walton. Root., 2 Beac~ Flori~ Case Numbers 00- 2527. CA through 00. 2534- CA., challenging the City' s Sign Code and the implementation of the Sign Code. Lamar shall indemnify, defend and hold the City hannless from any cl~ loss. or judgment of any kind, including attorneys' fees and costs, resulting from or incurred in the following 'pending litigation stYled as: Brown. Brown & Brown. et aI. v. City of Fort Walton Beach. Florida, Case No. 00- 2763- CA, in the Circuit Court of the First Judicial Circuit in and for Okaloosa County, Florida; and ~ Christensen & S & D Root, et a1 v. Municipal Code Enforcement Board of the City of Fort Wa.lton Beach, Florida. Case Numbers OQ- 2527- CA through 00- 2534- CA, in the event Lamar fails to dismiss or cause the dismissal of said litigation as provided herein. e. . The City shall dismiss with prejudice, and vacate and waive any fines or penalties which have accrued in, all pending Code Enforcement proceedings involving any of the sixteen structures identified in Exhibits " A" and ''B'' attached hereto. 3. Lamar agrees to release the City from any claim which it had, or now has, that the City' s Sign Code, including, without limitation, Ordinance 772, as amended by Ordinance 981, as amended by Ordinance 1050, as amended by Ordinance 1129, as amended by Ordinance 1133, as amended by Ordinance 1452 (hereinafter collectively the City' s Sign Code"), violates any laws or constitutional provisions of the United States or the State of a.I; further agrees to release the City from any claim that the City' s Florida., ld Sign Code was not enacted in accordance with applicable Florida law; provided, however, the parties expressly cknowledge, stipulate and agree that Lamar is not waiving or a. releasing any claim that it may now have, or in the future have, for a violation of 9479. 15( 2), Fla. Stat Moreover, Lamar agrees to release Fort Walton and to waive any 3 cl~ Lamar may have in the future to challenge the validity or enforceability of any amendment to the City' s. Sign Code under any law or constitutional provision of the United States or the State of Florida; provided, however, nothing contained herein shall limit or restrict Lamar' s right to challenge the validity or en.forceaqility of any amendment to the City' s Sign Code, which adversely affects Lamar' s billboards or the messages which Lamar can display on its billboards. . 4. ~ TnaT shall be entitled to maintain and operate its eight billboard structures identified in Exhibit " 13" attached hereto pursuant to the provisions of Chapter 479, Fla. Stat, and Chapter 14- 10, Florida Administrative Code. 5. Each party shall be responsible for paying its own attorneys' fees and costs incurred in this pro~eeding. 6. This Settlement Agreement shall be submitted to the Circuit Court in and for Okaloosa. County, Flori~ for approval and ratification, pursuant to the provisions of Rule l. S40(b)( S), Fla.RCiv.P. 7. In the event the 1st D. C. A. refuses to grant the relief set forth in the Joint Motion, or in the event the Circuit Court fails or refuses to approve and ratify this Settlement Agreement, this Settlement Agreement shall be rendered null and void. 8. In the event the lit D. C. A.grants the relief set forth in the Joint Motion, and the Circuit Court ratifi.es and approves this Settlement Agreement, the Circuit Court shall retain jurisdiction over the parties for the purpose of enforcement and compliance with the provisions of this' Settlement. Agreement. In the event of litigation to enforce or interpret this Settlement Agreement, the prevailing party shall be entitled to an award of its 4 attorneys' fees and costs which shall be paid by the non-prevailing party, including attorneys' fees, and costs incurred at the trial court and appella,te court levels. DATED: 2-J,; 1l-- DATED: d.! Ir2!o [( By: BY:~/ ~ Mark N. Miller, Esquire Robert A.Emmanuel, Esquire Florida