Fort Walton Beach Council agenda — 10-23-2007 regular agenda — reading text

the 10' easement to build the boardwalk on land. The CDS Director explained it is a 10' easement and if they choose to build a 12' boardwalk and extend it over the water they can and a DEP permit would be required. Mr. Garvie questioned whether they have the of not the option building boardwalk on the easement. Both the City Attorney and the CDS Director replied no. Dr. Pullen received clarification that the 10' easement is from the mean high waterline landward. The Mayor opened the floor for public input. As no one wished to speak public input was closed. Mr. Minich moved. to accept two Grants of Easements from Presidio Developers, LLC, for sidewalk and utilities along the south side of Miracle Strip Parkway ( US Hwy 98) and a boardwalk along Santa Rosa Sound on the Presidio Condominium property, subject to the design approval by the CRA on 5 September 2007, and all federal, state, and City Code permitting requirements. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. GENERAL PUBLIC Kabe Woods, 240 Brooks Street, requested when Council considers identifying the top three legislative priorities to forward to the Northwest Florida League of Cities for the 2008 Legislative Session that the issue of removing/ reducing school funding from the ad valorem tax burden and replacing with a $ 0. 1 sales tax be made a high priority. SPECIAL PRESENTATION - YOUTHBIZ2015 Presentation by Willie Farrow on behalf of Youth Biz 2015. Reverend Willie Farrow gave a presentation on the Youth Biz 2015 Program that provides life changing opportunities for youth ages 16- 21 through education, training to develop job skills, and leadership development activities. He mentioned the community partnerships already developed and asked Council to consider endorsing Youthbiz as part of the Fort Walton Beach agenda moving forward. No action was taken by Council. PUBLIC HEARING: ORD. 1733 - REZONE FROM R- 2 TO MUCC- 1 403 HOLLYWOOD BLVD NW The City Attorney read the ordinance by title and gave the oath to all individuals who may testify. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 403 HOLLYWOOD BOULEVARD NW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R- 2 MULTIFAMILY DWELLING DISTRICT TO MUCC- 1 MIXED USE COMMUNITY ~ COMMERCIAL DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1733 on second reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor.  10- 9- 07 Regular Council 17'1 PUBLIC HEARING: ORD. 1736 - REZONE FROM RUS TO R- 1A 653 COUNTRY CLUB AVE NE The City Attorney read the ordinance by title and noted the CDS Director is still under oath. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 653 COUNTRY CLUB AVENUE NE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM OKALOOSA COUNTY RUS RESIDENTIAL URBAN SINGLE DISTRICT TO CITY OF FORT WALTON BEACH 1 R- 1A SINGLE- FAMILY AMENDMENT; DWELLING PROVIDING FOR DISTRICT; PROVIDING CONFLICTING FOR PROVISIONS; SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A ZONING PROVIDING MAP FOR The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Dr. Pullen moved to adopt Ord. 1736 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING: ORD. 1731 - AMEND MUW- 18 - WATERCRAFT DRY STORAGE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 120457 MUW- 18 MIXED- USE WATERFRONT DISTRICT TO PERMIT BY CONDITIONAL USE MARINAS WITH WATERCRAFT DRY STORAGE FACILITIES; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1731 on second reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING: ORD. 1732 - ADDING CRITERIA FOR WATERCRAFT DRY STORAGE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; ADDING SECTION 12. 94. 071, ENTITLED WATERCRAFT DRY STORAGE FACILITIES CRITERIA TO CHAPTER 12. 94, CONDITIONAL USE, OF THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. J Mr. Holmes moved to adopt Ord. 1732 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich favor. in FUTURE AGENDA ITEMS The City Manager pointed out Councilman Miller' s request to discuss the pension plans was added back future added as a workshop item and the Code Enforcement issues will be as a workshop item probably in March or April. Mr. Garvie suggested a workshop be held for more detailed training on the pension plans.  Council 10- 9- 07 17~ egular RES. 07- 23 - AUTHORIZE CITY MANAGER TO WAIVE FEES IN THE COMPREHENSIVE FEE SCHEDULE The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO WAIVE CERTAIN FEES FOR SERVICES AND FACILITIES PROVIDED BY THE CITY; AUTHORIZING WAIVER BY CITY MANAGER OF ONLY THOSE FEES ESTABLISHED AND SET FORTH IN THE COMPREHENSIVE FEE SCHEDULE; ESTABLISHING LIMITATIONS ON SUCH WAIVER; ESTABLISHING APPEAL PROCESS; AND SETTING AN EFFECTIVE DATE. The City Manager explained a situation arose when faced with the new golf course fees where an existing golf club member wanted to convert from an existing membership to one of the new membership categories. She said the golf club policies and procedures are very specific in what to they are permitted to refund with regard to membership fees and there is no mechanism to another. She spoke accomplish the request to convert from one existing membership category with the City Attorney and asked the Finance Director to draft a resolution to waive the fees, and the threshold of $ 1, 000 was used because that was the highest fee level in the Comprehensive Fee Schedule. The Mayor opened the floor for public input. As there was none, public input was closed. Mr. Minich moved to adopt Res. 07- 23. Mr. Holmes seconded motion. Comments included trust in the City Manager in using discretion; concern over the appearance of favoritism, concern over giving blanket authority to forgive fees, and the point that there will be a written trail of the waivers. The Mayor called for the vote on the motion to adopt Res. 07- 23 and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Hartwell, and Minich in favor and Pullen opposed. RES. 07- 24 - FLORIDA INTEROPERABILlTY NETWORK The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT'S PARTICIPATION IN THE FLORIDA INTEROPERABILlTY NETWORK AND AUTHORIZING THE POLICE CHIEF TO EXECUTE THE CONTRACTS; AND SETTING AN EFFECTIVE DATE. Ted Litschauer, Police Chief, explained the equipment would allow the police department radios to work under the 800 frequencies to connect with other law enforcement agencies, federal, state and local. The Mayor opened the floor for public input. As there was none, public input was closed. Mr. Reeves moved to adopt Res. 07- 24. Mr. Garvie seconded motion and it carried favor. unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in STATUS REPORT ON THE WASTEWATER TREATMENT PLAN DESIGN PROCESS Consideration of a status report on the City' s WWTP design process and an update on the discussions with the Okaloosa County about the possibility of developing a partnership for joint wastewater treatment.  Regular Council 10- 9- 07 173 WAST~ WAtER TREATMENT cont. Mr. Miller expressed his concern that the City do what is right in this regard and mentioned the County is building a ten million a day facility with a capacity for an additional five million for fifteen million gallons a day which would be enough for everything south of Crestview. Mr. Miller expressed he was concerned why the City would be building a separate five million gallon a day facility for Fort Walton Beach that has an average of two to two and one- half million gallons. He said $ 14 million is a big bondage to undertake for 21, 000 residents, and wanted to make sure the City is doing the right thing, which is the