Fort Walton Beach Council minutes — 06-10-08 regular minutes — reading text

161 MINUTES OF THE REGULJ\R COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JUNE 10, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, June 10, 2008, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Jim Hartwell, and Mike Minich Absent: Councilmen Virgil Miller, Bill Garvie, Dr. Wayne Pullen Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Brandy Wunker, Interim 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 David Beiler, Evangelical Center, Assembly of God gave the invocation. PLEDGE Youth member of Assembly of God led in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the business of the day. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and Pullen absent). CONSENT AGENDA Mr. Minich moved to approve the following consent agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie and Pullen absent). MINUTES Approval of the minutes of the Special Council Meeting of May 20, 2008, and the Regular Council Meeting of May 27, 2008. STORMWATERPOLLUTANT SEPARATORS Authorization to amend contract number FWB07- 126 in the amount of $ 16, 500 to Goodwyn, Mills and Cawood, Inc. of Crestview, Florida, for engineering services related to design installation of Stormwater Pollutant Separator Units. The requested amendment will be for the engineering, designing and permitting of one stormwater pollutant separator in accordance with the funding agreement from the Northwest Florida Water Management District signed April 8, 2008. MATERIALS FOR WORLD CHANGERS Award bid for Materials for World Changers to the low responsive, responsible bidder, Lowes Home Center, for the purchase of roof and painting supplies to roof and/or paint approximately 22 homes within the City of Fort Walton Beach from June 21- 28, 2008.  Regular Council 6- 10- 08 162 GENERAL PUBLIC Doug Reed, 842 Santa Rosa Court, referenced the number of studies and plans that have been done over the years to create a vision for the City and was puzzled why it is thrown aside. He said he had difficulty with a Board having authority to approve something that Council will never see and thought there is a real issue that needs to be solved. He expressed his displ~asure at the Municipal Board' s approval of a conditional Planning use for a tattoo parlor downtown, that he needs to know what they are building downtown, and what Council does will decide his future. He said he had a contract to put his residence on top of his business but after what happened at the Municipal Planning Board meeting he trashed his plans. i Millie Thrush, 316 Sudduth Circle, said she was appalled when she read what the Municipal Planning Board did and then was surprised that the matter does not come before Council. She expressed her belief it is a slap in the face by a Board to undo all the efforts that have been made downtown. LJ PUBLIC HEARING - ORD. 1756: LAND DEVELOPMENT CODE The City Attorney read the ordinance by title. She pointed out a slight revision was made in Section X regarding the authority to amend provisions regarding prior ordinances & code provision that leaves the City Clerk, City Attorney and staff the ability to make editorial corrections that are not substantive changes. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA RELATING TO ADOPTION OF THE 2008 LAND DEVELOPMENT CODE AS VOLUME IV OF THE CODE OF ORDINANCES; SPECIFICALLY AMENDING CHAPTER 12. 10, DESIGNATION AND GENERAL, OF THE CURRENT LAND DEVELOPMENT CODE: AMENDING ALL OTHER SECTIONS OF CHAPTER 12, LAND DEVELOPMENT CODE, AS SET FORTH IN THIS ORDINANCE AND THE ATTACHED LAND DEVELOPMENT CODE; PROVIDING EDITORIAL AND CODIFICATION AUTHORITY, CONFLICTS, AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Missy McKim, CDS Director, reviewed the history of the project that has been on- going since 2006 to make substantial revisions to the Land Development Code in order to be consistent with the Comprehensive Plan. She emphasized that the LDC is a living document that should be constantly reviewed and updated as needed. She mentioned some of the features included in the Land Development Code and what was not amended. She pointed out the Municipal Planning Board recommended approval of Ord. 1756 with the elimination of new sections proposed on accessory apartment, bed and breakfast, permanently installed generators, and of parking recreational vehicles. She mentioned section 19 on parking of recreational vehicles was totally removed and she has a revised section 19 to provide to Council. She reported staff recommended Council approve Ord. 1756 adopting the 2008 Land Development Code as Volume IV of the Code of Ordinances, as presented in the draft Land Development Code which incorporates the changes recommended by the Municipal Planning Board. In response to the question on the number of references to a maximum acceptable height of 150', the CDS Director mentioned the archaic zoning districts ofDR-4, DR- 5, DC- 3, DC- 4 and P- l were eliminated and the remaining zoning districts not eliminated include R-NC, DR- 3, and P- 2. She noted on page 15- 81 the DC- 3 district shows a 150' height but there is no land zoned DC- 3 so it should not be included and needs to be eliminated from the document. She also noted pages 15- 84 and 15- 85 include the P- l and P- 2 zoning districts that were eliminated but there is no conflict with the height in either one. In response to the question on whether any zones allow buildings in excess of 75' above J" ground level, the CDS r! Director replied there are some that allow 70' plus 15' for the roof structure, but none above that. i The Mayor opened the public hearing. Ray Seip, 121 Nebraska Avenue, went over the areas he believes have problems and changes he believes need to be made. He addressed Section 19.300 Inoperable or Derelict Vehicle and suggested that B- 6 " Having no valid license tag", and the sentence following B- 7 that states " then the inspector shall use his training and experience to determine whether, under the totality of the circumstances" should be removed. He addressed Section 13- 200 Development Procedures and said the whole thing was expanded and is not what was passed by the Municipal Planning Board. Regular Council 6- 10- 08 163 PUBLIC HEARING - ORD. 1756: LAND DEVELOPMENT CODE coot. Mr. Seip continued his critique of the Land Development Code and mentioned that Section 13.404 Municipal Planning Board is identical to what is in Chapter 2 of the Code and believed it should be removed from the Land Development Code. He said more changes and expansion were made to 13. 701 Citizen Participation in Comprehensive Planning Process that were not approved by the Municipal Planning Board because they did not see it. He said Section 17. 750 is all new and the Municipal Planning Board did not see it. He received confirmation that Section 19. 200 was removed. He believed there are items that the Municipal Planning Board needs to take another look at and he questioned the need for the size of the glossary and thought it could be eliminated or reduced to be simple. The question was asked of the City Attorney and the CDS Director how they determined substantial changes when they review and make changes that do not need to go back to the Municipal Planning Board. The City Attorney said the Municipal Planning Board knew that staff and she would be working on certain provisions in Chapter 13 Administrative Provisions. She noted the chart provided in the backup with her comments show how they were tracked, some changed, and some of them are not legal issues so much as they are formatting with the current code. She said the Municipal Planning Board gave authority to staff and the City Attorney to work on Chapter 13. She said what they see changed in Section 13. 700 is Notice Provisions that were put back in. She said it is up to Council if they want to send it back; the Municipal Planning Board approved the document as Council has it knowing that there would be changes to Chapter 13. She said they also saw Chapter 13 and the other pieces of the document at their last meeting. She explained it would be a substantive change if the language would affect due process rights and property rights. In response to the question on the definition of uncultivated vegetation and at what point it becomes someone else' s landscaping, the CDS Director said she would rely on the horticulturist to make the determination and if staff determines it is a violation it would eventually go to the Code Enforcement Board who would make that determination. Janet Wilson, 368 Gardner Drive, said the Municipal Planning Board did not receive a final copy of what is