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

FORT WALTON BEACH, FLORIDA; REZONING THE PROPERTIES FROM M -1 WHOLESALE AND LIGHT INDUSTRIAL TO M -2 INDUSTRIAL PARK; PROVIDING FOR A ZONING MAP AMENDMENT; AND SETTING AN EFFECTIVE DATE. The City Attorney announced a quasi -judicial proceeding and swore in those who planned to testify. It was noted the applicant was not present. Samantha Abell, Senior Planner, advised that the ordinance is consistent with the current Industrial Park designation on the Future Land Use Map ( FLUM), and that the Municipal Planning Board ( MPB) recommended approval unanimously at their June 5, 2008 meeting. Ms. Abell discussed the Findings of Fact as recommended by Staff and entered them into the record as follows: 1)The proposed zone M -2 is not contrary to the existing land use pattern; it is similar in nature to surrounding uses; 2) The proposed zoning will not create an isolated district as other adjacent properties are also designated on the FLUM as IP; 3) The property has been zoned M -1 light industrial district previously; 4) The proposed change will promote economic development in an IP District, which allows truck terminals and light manufacturing land uses; 5) The Staff has evaluated the impact from the proposed change on City infrastructure, public health and safety and found that the impact is minimal;  1 Regular Council 06/ 24/ 08 ORD. 1765 ( CONT) 6) The proposed change will not create a drainage problem so long as the applicant submits a Drainage and Stormwater plan prior to site plan approval; 7) The proposed district will have no negative effect on property values in the neighborhood since it must comply with the performance standards established by the District; 8) The proposed zoning will not be a deterrent to improvements or development of adjacent properties since similar land uses exist in Industrial Parks; 9) The proposed zoning constitutes no grant of special privilege to the applicant; and 10) The proposed designation is in scale with the identified current needs of the City as indicated by the proposed zoning consistency with the FLUM designation. As there were no objections, the Staff Report was entered into the record. Council received clarification that the applicant will have to provide a drainage and stormwater plan prior to site plan approval, as well as an environmental site assessment Phase I to the Florida Department of Environmental Protection and the City's environmental specialist. The City Manager noted that the Staff Report references both 214 and 218 Stokes Avenue, and that the ordinance references 214 Stokes Avenue, and questioned which address was correct. Ms. Abell confirmed that the correct address is 214 Stokes Avenue. Council questioned whether there was any negative feedback during the MPB meeting from neighbors or residents of the area. Ms. Abell advised that representatives from Abundant Life Church voiced concerns over dust as they are planning an expansion, and wanted to ensure the applicant meets all of the performance standards listed in the Land Development Code. Ms. Abell advised the church is being kept informed of what is occurring. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1765 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). ORD. 1764, AMEND LDC, " YAPPY HOUR ACT" The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 12. 73, MISCELLANEOUS PROVISIONS, OF THE LAND DEVELOPMENT CODE, BY CREATING ARTICLE 12. 743, ENTITLED " THE YAPPY HOUR ACT ";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 TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR PORTIONS OF SUCH ESTABLISHMENTS; PROVIDING FOR IMPLEMENTATION, ENFORCEMENT PROCEDURES, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Ms. Abell advised there were no changes since first reading. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Holmes moved to adopt Ord. 1764 on second reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor Miller and Hartwell absent). 190 Regular Council 06/ 24/ 08 ORD. 1761, AMEND FLUM FOR 28 METHODIST AVENUE The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE CITY' S COMPREHENSIVE PLAN RELATING TO PROPERTY LOCATED AT 28 METHODIST AVENUE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR AMENDMENT OF THE FUTURE LAND USE MAP FOR THE PROPERTY FROM REC, RECREATIONAL TO MDR, MEDIUM DENSITY RESIDENTIAL, PROVIDING FOR INTERNAL CONSISTENCY; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Abell advised there were no changes since first reading. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1761 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor Miller and Hartwell absent). ORD. 1767, AMEND FIREFIGHTERS PENSION TRUST FUND The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH AMENDING THE CITY OF FORT WALTON BEACH FIREFIGHTERS' PENSION TRUST FUND, ADOPTED BY ORDINANCE NO. 1174, AS AMENDED BY ORDINANCE NOS. 1275, 1315, AND 1403; AMENDING SECTION 6, SERVICE RETIREMENT BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 26, EARLY RETIREMENT INCENTIVE; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mark Wiltsie, Human Resources Director, advised there were no changes since first reading. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Holmes moved to adopt Ord. 1767 on second reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor Miller and Hartwell absent). ORD. 1768, STORMWATER MANAGEMENT UTILITY The Mayor advised Ord. 1768 was withdrawn and would be brought back before Council in August. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FL; 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.  191 Regular Council 06/ 24/ 08 FUTURE AGENDA ITEMS The City Manager explained that the information 1 for the preliminary required by July assessment roles has not yet been received by the Property Appraiser's Office. She continued that the City has 45 days after receipt to set the tentative millage rate, and that Staff would like a special meeting of Council to set the preliminary millage rate, in time for Council to receive the budget documents by July 25. It was noted there would be at least four Council members present, but that a super majority was not needed unless Council wanted to go above the millage rate, which is not being recommended by Staff. Consensus of Council was to hold a special meeting on Tuesday, July 8, 2008, at 5: 30 pm to set the tentative millage rate. RES. 08 -21, ADVISORY COMMITTEE MEMBER TO SHIP The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, APPOINTING AN AFFORDABLE HOUSING ADVISORY COMMITTEE MEMBER FOR THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ( SHIP); PROVIDING FOR DUTIES AND RESPONSIBILITIES; PROVIDING FOR DURATION OF MEMBERSHIP; AND PROVIDING AN EFFECTIVE DATE. Patti Sunnarborg, Executive Director of the Okaloosa Community Development Corporation, also known as Okaloosa Housing Partners ( OHP), 204 Cloverdale Avenue, explained the resolution will create a new advisory committee that is a new statutory requirement of the State Housing Initiatives Partnership ( SHIP) Program and must be created by June 30. Ms. Sunnarborg continued that a member of the Local Planning Agency ( LPA) must be appointed to the Committee, and the committee will review established policies, procedures, ordinances, and land development regulations as well as the local comprehensive plan. The Mayor clarified that the City's MPB acts as the LPA so a member of the MPB must be chosen; and that by approving Item 4 of the Consent Agenda Council has already approved the partnership agreement between the OHP and the City. Dr. Pullen advised he is a member of the OHP and was present when this was presented. Missy McKim, CDS Director, advised that the City did not receive this request until after the June MPB meeting, but that she sent an e- mail to MPB members and that both Glenda Glover and Darryl White have expressed an interest in serving on this Committee. Dr. Pullen nominated Darryl White. Mr. Minich nominated Glenda Glover. The Mayor advised he would call for the vote on the nominees in alphabetical order. The Mayor called for the vote on the nomination to appoint Glenda Glover to serve as the LPA representative to the Affordable Housing Advisory Committee and it carried by a majority vote with Holmes, Reeves, Garvie, and Minich in favor ( Miller and Hartwell absent). Mr. Minich moved to adopt Res. 08 -21. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). 192 Regular Council 06/ 24/ 08 ARCHITECTURAL /ENGINEERING SERVICES FOR CHESTER PRUITT PARK— GOODWYN , MILLS. CAWOOD Consideration of a request for City Council to authorize the negotiation of a contract for Architectural and Engineering Services for the Redevelopment of Chester Pruitt Park, with the top- ranked firm, Goodwyn, Mills and Cawood, for a not to exceed amount of $ 50, 000, as defined in RFP 08 -115, and for the City Manager to execute a contract. Christy Johnson, Principal Planner, reported that an RFP was issued for architectural and engineering services for Chester Pruitt Park, and that the Selection