Fort Walton Beach Council agenda — 05-08-2007 regular agenda — reading text

for the engineering/ consulting services for the GIS Needs Assessment Plan. He explained the GIS program provides the necessary information to identify and prioritize capital improvements and to streamline numerous business processes within the City, and that a city-wide map of the water, wastewater, and stormwater systems will be developed using a database containing information such as pipe size, pipe material, condition, etc. Council questioned why cost was not taken into consideration as criteria for selection of a firm. Mr. Hofstad advised that once a certain dollar amount is passed when soliciting for consulting/ engineering services in the State of Florida, the selection has to be based on a firm' s qualifications and not cost. The City Manager explained that State Statute does not allow for cost information; that the project has to be award on qualification. At that time, she explained negotiations begin with the top- ranked firm, and if an agreement cannot be reached with that vendor, then negotiations are made with the second- ranked firm, and so forth until an agreement can be reached. Mr. Minich moved to award RFP 07- 112, Engineering/ consulting services for developing a GIS needs assessment and implementation plan, to the top ranked firm, Geographic Technologies Group of Goldsboro, North Carolina. Further authorize the City Manager to negotiate a contract with Geographic Technologies Group for engineering/ consulting services not to exceed the budgeted amount of $70, 000. 00. Mr. Miller seconded motion and it carried unanimously with HQlmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Council expressed their support of this study. o NOMINATION FOR NWFLOC ELECTED OFFICIAL OF THE YEAR Consideration of a nomination to the Northwest Florida League of Cities 2007 Elected Official of the Year Award. Mr. Holmes suggested that Mayor Anderson be nominated for the Award because of his dedication to the title of Mayor and all of his efforts for the City. Mr. Holmes nominated Mayor Mike Anderson for the Northwest Florida League of Cities 2007 Elected Official of the Year Award. Mr. Minich seconded the nomination and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor.  26,1 Regular Council 4/27/ 07 SUMMER VACATION SCHEDULE Consideration of setting a summer vacation schedule. The City Manager advised that over the past several years, the City Council has cancelled July meetings to allow Staff time to prepare for the budget preparations. She proposed that this year, the meetings for July 10 and 24, and the Council workshop on July 10 be cancelled, with regular meetings resuming in August. The City Manager further suggested that Budget workshops be scheduled on August 8 and 9, and August 13- 15 if needed, with the Public J Hearings for the Budget on September 5 and September 19, 2007. She stated the City is taking into consideration the FLOC Conference on August 16- 18, as well as hearings for the School Board and the County. the public workshop will be held on May 15 to discuss policy issues. She further advised a budget Council discussed whether the City' s boards and committees would be cancelled during July as well. The City Attorney advised that is up to the individual boards/ committees and they vote in June whether or not they want to meet during the month of July. Mr. Hartwell questioned when the workshop on the Charter would be held, as was discussed at a previous meeting. The City Manager stated there will be other dates available in August to schedule a workshop, if Council was so inclined. It was also noted that any change in the Charter requires a vote of the public which is not until next year, so there is time to look at the Charter, and to perhaps look at a time when there are not a lot of meetings for Council to attend ,'>, k and the Charter can be given the attention it requires. Mr. Minich moved to approve the following summer vacation schedule: Cancel the Council Meetings of July 10 and 24, 2007, and the Council Workshop of July 10, 2007; schedule the Budget Workshops beginning on Wednesday, August 8, and Thursday, August, 9, 2007, at 5: 30 pm, and if necessary, Monday through Wednesday, August 13- 15, 2007 at 5: 30 pm; and schedule the Public Hearings for the budget on Wednesday, September 5, 2007, at 5: 30 for the First Public Hearing, and Wednesday, September 19, 2007, at 5: 30 pm for the Second Public Hearing. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. MAYOR/COUNCIL ANNOUNCEMENTS Mr. Holmes mentioned Mayor Anderson has been named to the Florida Mentoring Partnership as Mentor of Excellence in the governmental category, one of only five state winners. Mr. Holmes also thanked Staff for the Employee Picnic; and stated he has received calls from Lulabelle Lane residents who are pleased with Staff' s responses to their questions and concerns. Mr. Miller received an update on the RFP for City Services from the Purchasing Director. Mr. Miller also discussed the need for the City to be more business- friendly and that the code and ordinances be reviewed, and that a marketing program about annexation be presented so the City can continue to grow. Mr. Reeves stated he was excited about the upcoming GIS study, and that he toured the golf course and was impressed with the course. Mr. Garvie advised he represented the City in the March for Jesus by reading a proclamation and that it was a very inspiring event. 262 Regular Council 4/ 24/ 07 MAYOR/COUNCIL ANNOUNCEMENTS ( CONT) Dr. Pullen stated there is a possibility the IFF ( International Firefighters Union) would conduct a consolidation study for the City if they were asked and would not a charge a fee, and suggested that be considered by the City. He also advised the City received a grant for an oyster reef, and was advised Council will have the opportunity to address CDS and impact fees during the budget process. I Mr. Minich stated the efforts of the City Staff to answer the questions of the residents on the Lulabelle Lane project is indicative of a City Staff that serves the citizens as best they can, and he commended Staff for all the efforts. He also mentioned the Talent Show on April 27. Mayor Anderson stated he enjoyed the Earth Day/Arbor Day event at the Fort Walton Landing on April 20; and commended the Parks and Recreation Department for the picnic and golf tournament. The Mayor also mentioned the OCLOC Dinner the City sponsored and thanked the City Clerk' s Office for their efforts. Mayor Anderson advised he could not attend the Memorial Day Ceremonies on May 28 and asked for someone to represent the City. Mr. Hartwell advised he would attend the ceremonies as the City' s representative. The Mayor also discussed the lobbying issues in Tallahassee and that several important issues will be known in May in time for the budget hearings. CITY MANAGER ANNOUNCEMENTS The City Manager advised a capital improvement project on Highland Drive will begin and the City will hold a public meeting for residents of Highland Drive from 5: 30 to 6: 30 p. m. on April 26. She also announced the Talent Show on Friday, April 27 at 7 pm; and the Relay for Life event on April 27 beginning at 6 pm. Also announced was the Musical Echoes Festival on April 27- 29 at the Fort Walton Landing; and the May 12 Golf Tournament for Police Sgt. Bruce Bankston. ADJOURNMENT There being no further business, the meeting adjourned at 8:45 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK Ive  CITY COUNCIL MEETING May 8, 2007 Public Hearing Agenda Consideration of Ordinance 1727, to amend the hours of use of tools, machinery, and equipment within one hundred feet of a residential zone or in the vicinity of a transient lodging facility or mixed use resort CDS Director) Council Action 1st 2nd Vote: PH- 2 Agenda Item Number:  CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: May 1, 2007 To: Joyce Shanahan, City Manager ,; Through: Missy McKim, CDS Director ~ /) From: Len Mitchell, Planning Manager UR ~ Subject: CM 2007- 03 Ordinance 1727- Proposes to Amend Section 9. 06. Loud and Unusual Noises, Volume II, Code of Ordinance. BACKGROUND: The City has received numerous complaints of noise from residents residing near the Shoppes at Paradise Pointe located at 251 Miracle Strip Parkway SE. The CDS Department received direction on March 26, 2007 via CM 2007- 03 to "Amend Noise Ordinance in Land Development Code for Residential Properties that abut commercial or construction activities". CDS staff drafted an ordinance and presented same to the City Attorney for her legal review on 6, 2007. The City Attorney has prepared a Legal Opinion stating that "section 9.06, et. Seq. April of the Code of Ordinances could be considered unconstitutional and unenforceable for overbreadth and vagueness. Amendments suggested by Ordinance 171 are insufficient to address the overbreadth and vagueness." She suggested revisions to the current provisions of s. 9. 06, which might serve as a " bandaid approach". DISCUSSION: The City Attorney in her Legal Opinion of April 26, 2007 states the following: 1 . The police power of the City is restricted only by applicable provisions of the federal and state constitutions and statutes designed to protect private rights from arbitrary and oppressive governmental action. So long as a municipal ordinance does not encroach upon constitutional guarantees or run afoul of federal or state statutory law, the City has broad discretion to regulate the conduct of its citizens. 2. The police power, though, is not a power to pass unconstitutional laws, and in the exercise of the police power, the City is not permitted to enact an ordinance that will, in itsoperation, defeat the purpose of a provision of the US or Florida Constitutions. In addition, a governmental purpose to control and prevent activities constitutionally subject