Fort Walton Beach Council agenda — 08-12-08 regular agenda — reading text

different motion that does not increase rates; agreement in principal with the alternative rate but an increase at this time may cause members to go elsewhere to play; that the motion is not an all encompassing rate change, that the subsequent dependent membership fee will remain at $ 50. 00; that Council is responsible to all City residents and the alternative rates is a compromise; and rates were held down last year but did not achieve the desired result. The Mayor called for the vote on the motion, as amended, to approve the alternative rates of 400. 00 for 12 -month membership for City and County residents, $16.00 for member 18 -hole green fee, $ 12. 50 for member 18 -hole cart fee, $27. 00 for non -member 18 -hole green fee, and $ 16. 00 non- member 18 -hole cart fee, to increase dependent membership to $ 175, and add $ 5. 00 to the tournament fees, and to allow the Golf Course Administrator the flexibility to vary the tournaments and green fees by 20 %, and it carried by a vote of 5 to 2 with Holmes, Reeves, Garvie, Pullen, and Minich in favor and Miller and Hartwell opposed. The City Manager mentioned that staff will bring forward a resolution with the chopges to the rate schedule. Mr. Miller left the meeting at 8: 55 pm.  Special Council 6- 17 -08` 184 ORD. 1768: STORMWATER MANAGEMENT UTILITY The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; ADDING A NEW CHAPTER 10. 521 ENTITLED " STORMWATER MANAGEMENT UTILITY" TO THE CODE OF ORDINANCES; MAKING FINDINGS OF FACTS AND PURPOSE; AUTHORIZING A STORMWATER MANAGEMENT PROGRAM; ESTABLISHING REGULATIONS FOR CONTRIBUTIONS OF STORMWATER RUNOFF; AUTHORIZING ESTABLISHMENT OF STORMWATER UTILITY USER FEES AND COLLECTIONS; AUTHORIZING CERTAIN PROPERTY OWNERS TO REFUSE SERVICE; AUTHORIZING ESTABLISHMENT OF CERTAIN CREDITS FOR MITIGATION; PROVIDING FOR PENALTIES; RESOLVING CONFLICTING PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. John Hofstad, Utilities Director, advised the issue of establishing a stormwater utility has been discussed with Council at length over the past several months. Mr. Hofstad noted the ordinance has all the features necessary to withstand any legal issues and he is available to answer any questions from Council. The Mayor opened the public hearing. J. D. Taylor discussed the report prepared by the Utilities Director; commented this is nothing but another tax for the taxpayers to pay; and that the general context of the ordinance does not really explain what will occur and the benefit to the taxpayers. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1764 on first reading. Mr. Garvie seconded motion. Dr. Pullen stated his feeling this is another tax that does not need to be placed on the taxpayers, and the problem of the Sylvania Heights neighborhood should be solved since it is a joint agreement with the County. Mr. Hartwell stated the issue of stormwater runoff is an issue for those areas in the City that are at a lower elevation, and that the water has to go somewhere and stated his support of this ordinance. Mr. Reeves stated he cannot support the ordinance at this time. The City Attorney noted an editorial change has been made in Section 10. 521. 03 of the ordinance titled Stormwater Management Utility User Fee, and noted the reference to single -family properties should read up to `four' and not `five.' The Mayor called for the vote on the motion and it carried by a vote of 4 to 2 with Holmes, Garvie, Hartwell, and Minich in favor and Reeves and Pullen opposed ( Miller absent). ORD. 1764: DOG FRIENDLY DINING The City Attorney read the ordinance by title. She advised did some editing and has changed " Dog Friendly Dining" to the "Yappy Hour Act," so the title she reads is different than what is in the agenda. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; AMENDING SECTION 12. 73, ENTITLED " MISCELLANEOUS PROVISIONS" OF THE CITY' S LAND DEVELOPMENT CODEr .IRY CREATING ARTICLE 12. 743, ENTITLED " YAPPY HOUR ACT;" BY CREATING, PURSUANT TO SECTION 509. 223, FLORIDA STATUTES, A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNAGED OUTDOOR PORTIONS OF SUCH ESTABLISHMENTS; PROVIDING FOR .IMPLEMENTATION AND ENFORCEMENT CEDURES; PROVIDING FOR CONFLICTING PROVIWNS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Special Council 6 -17 -08 185 ORD. 1764 cont. Samantha Abell, Sr. Planner, advised the City received a request from the owners of Tijuana Flats restaurant, and from the CEO of PAWS, 'requesting that the City sponsor an amendment to the Land Development Code ( LDC) to allow patron' s dog within certain outdoor areas of restaurants within the City limits, and a portion of the proceeds will benefit PAWS. She further reported that the MPB approved the ordinance unanimously at their meeting of June 5. Council received clarification that according to the language in the ordinance, all public food service employees, shall wash their hands promptly after touching, petting, or otherwise handling any dog, and that employees shall be prohibited from touching or otherwise handling any dog while serving food. The Mayor opened the public hearing. John Franklin, 221 California Drive, asked Council to consider the leash law and what will happen with animals on private property that run loose. Jenna Caldwell, 39 Eglin Parkway, owner of Tijuana Flats restaurant, advised that the "Yappy Hour" Act facilitates the monitoring of dog dining by providing official guidelines to guests and staff. Upon questioning, Ms. Caldwell advised that the dogs will only be on the patio, and if patrons do not wish to be around the dogs they have the option of eating inside. Tricia Bryant, director of the Humane Society Adoption Center for PAWS, thanked Staff and the MPB for bringing this matter before Council so quickly, and asked for Council' s consideration of this ordinance. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1764 on first reading. Mr. Garvie seconded motion. Mr. Minich stated this is a state initiative that allows this pilot program and that if individuals do not like dogs they don't have to patronize the business. Dr. Pullen stated this is free enterprise and echoed Mr. Minich' s feelings that if people don' t like dogs they do not have to go to the restaurant. The Mayor called for the vote on the motion and it carried by a vote of 5 to 1 with Holmes, Reeves, Garvie, Pullen, and Minich in favor and Hartwell opposed ( Miller absent). ADJOURNMENT Being no further business, the meeting adjourned at 9: 15 p. m. APPROVED: ATTEST: MAYOR: CITY CLERK ddm  i MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JUNE 24, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, June 24, 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, Bill Garvie, Dr. Wayne Pullen, and Mike Minich Absent: Virgil Miller and Jim Hartwell 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 Charles Sansom, Jr., Family of Faith Church, gave the Invocation. PLEDGE Mayor Anderson led in the Pledge of Allegiance. SPECIAL GUESTS Senator Don Gaetz and Speaker Designate Ray Sansom discussed the budget cuts and the economic conditions of the State of Florida, and stressed the importance of county /city partnerships. Both Senator Gaetz and Speaker Designate Sansom thanked the Mayor for his efforts on behalf of the City in Tallahassee. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the business of the day as follows: move Item # 23, Consideration of Resolution 08 -21,Appointment of an Affordable Housing Advisory Committee Member to the SHIP, to Item # 14, and that Item 12, Consideration of Ord. 1768, Stormwater Management Utility, was withdrawn. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor Miller and Hartwell absent). CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). APPROVAL OF MINUTES Approval of the minutes of the Council Workshop of June 3, 2008, the Regular Council Meeting of June 10, 2008, and the Executive Session on June 12, 2008. YOUTH COMMITTEE FUNDRAISER A request by the City of Fort Walton Beach Youth Committee to host a Pancake Breakfast Fundraiser to generate funds for youth events. Regular Council 06/ 24/ 08 AGREEMENT —OHDC AND CITY A request for City Council approval of an Agreement between Okaloosa Housing Development Corporation and the City of Fort Walton Beach to administer the Community Development Block Grant entitlement funds. EXTEND DATE FOR VOLUNTARY SEPARATIONS /EARLY RETIREMENTS A request to extend the due date for applications by eligible City employees for the voluntary separations and early retirement programs. SPECIAL PRESENTATION Presentation by Foster & Foster of the Independent Peer Review and Actuarial Experience Study for the City of Fort Walton Beach General Employees' Pension Plan. Brad Heinrichs with Foster & Foster presented the Independent Peer Review and Actuarial Experience Study. Brandy Wunker, Interim Finance Director, advised that the findings of the Study will be sent to the City' s actuary and that his feedback will be provided to Council and changes can be made as Council deems fit. The City Manager advised she plans on addressing this during the budget process; but if not able to at that time, changes can be discussed during September or October and the budget can be adjusted accordingly. GENERAL PUBLIC Comments from General Public on matters of City business not otherwise on the agenda. Mary Blackwell, 1562 Glenlake, Niceville, requested Council pass a resolution to endorse the Equal Rights Amendment. Consideration of a resolution will be placed on the next Council agenda. ORD. 1765, REZONING 214 STOKES AVENUE SE AND 220 STOKES AVENUE NW The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF PROPERTY LOCATED AT 214 STOKES AVENUE SOUTHEAST AND 220 STOKES AVENUE NORTHWEST,