Fort Walton Beach Council agenda — 12-11-2007 regular agenda — reading text

carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Hartwell, and Minich in favor and Pullen opposed. REGULAR AGENDA- FUTURE AGENDA ITEMS t~\ The City Manager advised that Item # 6 has been added to the agenda items to allow the MPB I I to hold a Joint Workshop December 11 to review the EAR process; that an additional on workshop meeting be held on January 22 to review the General Employees Pension Plan as the Finance Director will be unavailable January 8; and that a new date be scheduled for a on I. I review of ordinances relating to employee/ employer contributions to Police and Fire Pension Plans as the actuary will be unavailable on December 11. Also, to discuss Item 5, Expand Protocol Guide, after the Charter workshops, and to remove Item # 4 regarding an ordinance identifying sexual predators in parks from the workshop agenda to a regular agenda at a future meeting.  237 11/ 27/ 07 Regular Council WAIVE FEES FOR HABITAT FOR HUMANITY. 101 HARBESON AVENUE Consideration of a request from Habitat for Humanity to waive the fees for a new single family residence being built at 101 Harbeson Avenue. The CDS Director advised the total amount of the fees, which include the water and sewer tap and total $ 1, 663. 90, and Staff is requesting a not to exceed cost of $ 2, 000 to building permit, allow for unforeseen circumstances that may occur. Council received clarification that the impact fee cannot be waived and is not being requested. Mr. Minich moved to waive the water tap fee in the amount of $500.00; the sewer tap fee in the amount of $600. 00, and the building permit fees in the amount of $563. 90, for a single 2, 000. 00. family residence being built at 101 Harbeson Avenue, at a not to exceed cost of $ Mr. Hartwell seconded motion. Dr. Pullen suggested that in the future Habitat consider building multi- family homes as opposed to homes. Nitsi Bennett, Habitat for Humanity, advised there is not property in the single- family City that is affordable or available. Holmes, The Mayor called for the vote on the motion and it carried unanimously with Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. REBATE HOUSING AUTHORITY PILOT TAXES Consideration of a request from Fort Walton Beach Housing Authority to rebate their Payment in Lieu of Taxes ( PILOT) for the FYE 2007, totaling $ 28, 726. 07. unit expansion The City Manager advised that the Housing Authority is embarking on a 200- so they can use the project at Germany Terrace and is requesting a full refund of the $ 28, 726. 07 proceeds to fund the start- up costs for this project. Rev. Earl Tyler, Vice- Chairman of the Fort Walton Beach Housing Authority, advised the tenants presently located in Germany Terrace will have to be relocated durinq construction of the new units and this money will be used for their temporary relocation. 50 Gail Sansbury, Executive Director of the Fort Walton Beach Housing Authority, advised all families will have to be relocated in the community and the project cannot be started until the families are safely relocated. She stressed it will be mixed- income and will not be public housing. There was no public input. Mr. Holmes moved to waive and rebate all of the Fort Walton Beach Housing Authority motion PilOT fees for Fiscal year Ending 2007, totaling $ 28, 726. 07. Mr. Miller seconded Miller, Reeves, Garvie, Pullen, Hartwell, and and it carried unanimously with Holmes, Minich in favor. BUCCANEER GIFT SHOP. REQUEST FOR COCA- COLA BOTTLE of Consideration of a request by Jeff Ring to have a 15 foot Coca- Cola bottle on the rooftop Buccaneer Gift Shop located at 152 Miracle Strip Parkway, S. E. Jeff Ring, of the The Buccaneer Gift Shop located at 1 ~) 2 Miracle Strip Parkway, co- owner 8- ounce advised that the gift shop was given approval from the Coca- Cola Company to have an business that will feature the State of Florida and a commemorative Coke bottle made for their Fort Walton Beach, with a limited edition of 3, 696 bottles. star marking 238 Regular Council 11/27/ 07 BUCCANEER GIFT SHOP REQUEST ( CONT) Mr. Ring further advised the gift shop was also offered by Coca- Cola a 15- foot Coca Cola Display bottle that was used during the 1996 Olympics in Atlanta. Mr. Ring is proposing that the 15- foot Coke bottle be displayed on the roof of the gift shop. He stated he and the other owners of the shop feel it will serve as a landmark in the promotion of downtown Fort Walton Beach, that it will be unique to the area, and that the owners have the support of the majority of downtown merchants. Mr. Ring advised the bottle will look exactly like the 8- ounce commemorative bottles and will include the State of Florida and the star marking Fort Walton Beach, and requested Council' s approval to place the sign on the roof of the Buccaneer Gift Shop. Mr. Ring advised that placing the bottle on the ground is not feasible due to the fact it would be vandalized, which is why they are requesting approval for it to be placed on the roof of the building. Christy Johnson, City Planner, advised that the request does not conform to the sign ordinance of the City of Fort Walton Beach, and that Staff is recommending the bottle be placed at grade along Brooks Street. She advised Staff understands the concern about the vandalism, but there is no mechanism to approve placing the bottle on the roof. Missy McKim, CDS Director, advised that this is a new issue and that there are two options for the City Council to consider, the first is to approve with the bottle being located on the ground, whereby a building permit would be issued as an accessory structure. The other option would be for Council to direct Staff to develop an ordinance that would allow the City Council to consider the request. Council discussion included the definition of a landmark sign, and the fact that when the ordinance was adopted the present landmark signs were identified that were already there, and that the ordinance states that signs that are current when the ordinance was adopted could be identified as a landmark sign in the future, and it does not include signs that come into existence after the ordinance was adopted. The City Attorney clarified that a code would have to be created to allow the sign, and that consideration should be made as to whether the Code should be altered for one business into review person. She advised of the need to take a look at the code and take all concepts and then make a if comprehensive change necessary. Also discussed was if the placement of the bottle could be considered a conditional use. The Mayor asked for public input. Ted Corcoran, Chamber of Commerce, expressed the support of the Chamber and the business merchants on the placement of the Coca- Cola bottle on the roof of the Buccaneer Gift Shop. r1 I i Further discussion included various views regarding whether or not the bottle would be I' considered a landmark sign if placed on the roof; whether it would be considered a sign or art; whether the Code should be amended for one business to allow for a non- conforming issue; and Resolution 07- 28 that was placed in the Council agenda which approves a landmark sign at the referenced location per Section 12. 82. 04 of the City Code. Mr. Reeves moved to adopt Res. 07- 28. Mr. Garvie seconded motion.  239 11/27/ 07 Regular Council BUCCANEER GIFT SHOP REQUEST ( CONT) Mr. Reeves voiced his strong support of this request, stating Mr. Ring is a fellow businessman and that such a venture would be good for the City. Mr. Garvie stated the uniqueness of the bottle, and stated his feelin9 it would definitely be a landmark shortly after it is put up. the resolution and Upon questioning by Council, the City Attorney advised she has not reviewed would not sign it if adopted by Council. She has advised she believes it is not a landmark sign and that the resolution states it is a landmark. She advised if the Council votes to place the bottle on the roof, that Staff be given the time and opportunity to draft a provision into the Code and process for approval. The City Attorney clarified that per the City Code, to be considered a landmark sign a sign must be a prominent feature of the landscape, and since the coke bottle does not currently exist on thus it cannot be considered any building, it cannot be a prominent feature of the streetscape, for a landmark designation. She expanded that this is an exception to the sign code, that Council can formulate any exceptions they want, they can change the sign code but it must be done within the process of amending the LOC which the MPB and public input is a part of doing, as well as having a complete review of all the principles in that ordinance. Council expressed their support of Mr. Ring' s request but stated their concern that all the proper channels are gone through before action is taken. Mr. Reeves stated he agrees with the comments that Staff have more time to develop an ordinance and go through the proper channels, and asked that his motion be withdrawn. Mr. be Minich advised, as a point of order, that once a motion is made and restated it cannot withdrawn; therefore, a vote was needed on the motion. and The Mayor