Fort Walton Beach Council agenda — 11-28-2006 ‎(regular)‎ — reading text

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Q~ ~ r 0. e. a 3' : I a Q 5 t o:t o o 0'  CITY COUNCIL MEETING November 28, 2006 Consent Agenda Approval of Minutes: Workshop Meeting - November 14, 2006 Regular Council Meeting - November 14, 2006 City Clerk) Council Action 1 st 2nd Vote: Agenda Item Number: CA- 1  109 MINUTES OF THE COUNCIL WORKSHOP MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA NOVEMBER 14, 2006 INTRODUCTION A Council Workshop Meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, November 14, 2006, at 5: 30 p. m. wth the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Bill Patterson, Bob Campbell, Jim Tucker, and Mike Minich Absent: Dr. Wayne Pullen and Jim Hartwell Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, Finance Director; Toni Craig, City Attorney; and Department Directors CALL TO ORDER The Mayor called the meeting to order. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. SUSPENSION OF ROBERTS RULES OF ORDER Mr. Minich moved to suspend Roberts Rules of Order during the Workshop meeting. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, and Minich in favor (Pullen and Hartwell absent). GENERAL PUBLIC Jim Murtha, 21 Bay Drive, discussed the issue of illegal immigrants in the area and suggested the City and Okaloosa County, as well as local law enforcements, Chambers of Commerce, the school superintendent and hospital administrators coordinate in a study to determine how local illegal immigrants affect crime and hiring trends among construction companies. BOATYARDS/ MARINAS IN THE MUW- 24/ SHORELlNE PROTECTION ZONE Discussion of boatyards and Marinas in the MUW- 24 and the Shoreline Protection Zone. Mr. Tucker explained he requested this item be placed on a workshop agenda to allow him the opportunity to discuss it with his colleagues on Council. However, Mr. Tucker was advised by the City Attorney that it would not be in his best interest to discuss the issue during a workshop, and recommended it be discussed during the regular Council meeting. The City Attorney explained that, in her legal opinion, the discussion of this item before Council is improper at this time. She explained if an individual has a complaint regarding a staff determination and interpretation of the Code, an appeal must be taken to the Board of Adjustment. She informed this development has been to the Municipal Planning Board but has not been before the Council for approval. Therefore, the applicant has two choices, to withdraw the application for approval and proceed with the attempt at the revisions to the Comprehensive Plan and Land Development Code, or proceed to the Council for approval and raise all these issues at the quasi-judicial hearing on the application. Mr. Tucker withdrew discussion of this item from the workshop agenda so it can be discussed during the regular Council meeting. l- J 110 Council Workshop 11- 14- 06 START TIME FOR COUNCIL MEETINGS Discussion on start times for City Council Meetings. Mr. Minich explained he brought this item forward for Council discussion because of the lateness that some Council meetings adjourn, and that it may be beneficial to move the start time of Council meetings from 7: 00 p. m. to 6: 00 p. m. It was noted that because Council workshops begin at 5: 30 p. m., the second Council meeting of the month is the meeting that the start time could be changed. Discussion included that the meetings are for the benefit of the public and that 7: 00 pm is a more convenient time for the public to attend, and it could be confusing to have one meeting begin at 7: 00 p. m. and another at 6: 00 p. m. Consensus of Council was that the start time for regularly scheduled Council meetings remain at 7: 00 p. m. DEVELOPMENT OF SHORT/LONG TERM RENTAL ORDINANCES Discussion of a request by Citizen Jim Murtha conceming the development of Short and Long- Term Rental Ordinances for the City of Fort Walton Beach. The City Manager explained that the City of Destin recently enacted short and long- term rental ordinances that require or regulate the registration of the property as a short- term rental property, requires owners to inform all renters of ordinance requirements with regards to noise and vehicle parking, and maintains the property in compliance with occupancy limits, which is two adults per bedroom. At the request of citizen Jim Murtha, the ordinances have been brought forward for Council to consider similar regulations in the City of Fort Walton Beach in an effort to manage the illegal immigrant population. The City Attorney distributed information to Council to consider in their decision- making process, which cites ordinances adopted by Hazelton, Pennsylvania, and Escondido, California, both of which are facing lawsuits in Federal court and by the ACLU. The City Attorney advised that if Council is inclined to pursue regulation and policing of illegal immigrants, it is her legal opinion that a study group/ task force/ committee consultant be used to determine the impact of illegal immigrants on the City; that determination be made whether the City should adopt a punitive ordinance, land development regulation, or business regulation; and that Council wait to adopt any ordinance until the final determination of the Hazelton, Pennsylvania ordinance is determined. The City Manager clarified the ordinances adopted by the City of Destin are not controls on renting to a certain group of people; they are intended to control issues of noise and parking that Destin residents experience with short-term rentals during the summer. She advised the ordinances contain a requirement that limits rentals to two adults to a bedroom, and there is evidence that illegal immigrants may, at times, reside in a single place with more than the allotted persons at one location. The City Attorney mentioned limiting the number of persons to a dwelling brings about the definition of family, and could cause additional problems regarding the number of individuals residing in a single- family home. Discussion included that the issue of illegal immigration is a multi- faceted problem and that things need to change on the state and national levels to enable local governments to effectively address the issue. Jim Murtha, 21 Bay Drive, agreed that local governments must have the tools available to them to enforce the laws for the City. '  11'1' Council Workshop 11- 14- 06 RENTAL ORDINANCES ( CONTI The City Manager advised that Staff can begin to accumulate and document statistical inbrmation through criminal records, and begin to build a case to\\ard rental control if that is Council' s desire. Kabe Woods, 29 Country Club Drive, advised he leases properties and his rental agreements limit how many, people can live in a home, but that a rental ordinance may not be enough to relieve illegal immigration. The Mayor advised the Florida League of Cities will discuss this issue and he will provide an update at the November 28 meeting as to v.41at actions the League considers taking. US 98 PARKING LOT LEASE- TRINGAS TRUST Discussion of US 98 parking lot lease (letter from James J. & Kathryn Tringas Irrevocable Trust). The Mayor welcomed the new Finance Director, Lisa Absher, to her first meeting. The Finance Director presented an overview on the history of the parking lot since the initial lease in 1966. She informed that John J. Tringas, owner of the parking lot, is requesting that the City respond within 30 days with a proposal for a rent increase, and requests information regarding two land- use issues. She requested consensus from Council on how to proceed, whether to renegotiate the lease or to negotiate for the purchase of the property. Discussion included that the City has maintained the property, providing benefit to the owners of the lot, customers, and adjoining businesses; and that the City has paid the entire tax bill for the property, which is greater than the City and County portion required by the 1975 lease agreement. Consensus of Council was to authorize Staff to write a letter to Mr. Tringas informing the City will pay the entire tax bill and to renegotiate the 1975 lease to include an increase in rent up to the total annual tax bill for the parcel. The City Attomey reminded Council that the current lease has a termination clause of 30 days and runs month to month, and advised that any negotiations include the term of the lease so there is a set period of time, and to determine if other improvements are necessary. ADJOURNMENT Being no further business, the meeting adjoumed at 6: 30 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK Ive