Fort Walton Beach Council minutes — 01-13-09 regular minutes — reading text

Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. QJ HEARING —TACO BELL REQUEST FOR EXTENSION Consideration of a request by Daniel Nelson, applicant, for a 12 month extension of the development order to rebuild the Taco Bell Restaurant Building located at 65 Eglin Parkway NE., Fort Walton Beach. The City Attorney gave the oath to everyone who expected to testify. The Mayor noted the applicant was not present. Christy Johnson, Principal Planner, explained the engineer for the applicant could not be present this evening. She went over the request for a 12 month extension, reported the CRA recommended approval subject to the conditions in the Development Order, and submitted the staff report for the record. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to approve the request for a 12 month extension of the Development Order to rebuild the Taco Bell Restaurant building located at 65 Eglin Parkway NE. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING —ORD. 1777: ABOLISH DRC The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTIONS 13. 203 - 210, DEVELOPMENT PROCEDURES AND ACCOMPANYING TABLES, SECTION 13. 402, AND SECTION 13. 407, PLANNING 101, ORDINANCE 1756, TO ABOLISH DEVELOPMENT REVIEW COMMITTEE AND ESTABLISH PROCEDURES FOR REVIEW OF EXPEDITED AND MINOR DEVELOPMENTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Malcolm Foley, Planning Manager, reported nothing has changed since first reading of the ordinance The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Reeves moved to adopt Ord. 1777 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING —ORD. 1786: ADOPT 2007 FIRE CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING SECTION 3. 20.01 OF THE FIRE CODE TO ADOPT THE 2007 EDITION OF THE FLORIDA FIRE PREVENTION CODE; AND SETTING AN EFFECTIVE DATE. Regular Council meeting 1 - 13 -09 97 ORD. 1786: ADOPT 2007 FIRE CODE cont. Mike Dutton, Fire Chief, reported there have been no changes since first reading and it is mandated by the State. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1786 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. 1787: FALSE ALARMS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO FIRE ALARM SYSTEMS; AMENDING SECTION 8. 02. 11, RULES FOR USE; AMENDING 8. 02. 12, FALSE ALARMS, TO RAISE FINE AMOUNTS FOR FALSE ALARMS AND TO AUTHORIZE FINES AGAINST FIRE ALARM CONTRACTORS, SPRINKLER CONTRACTORS, EMPLOYEES OF SUCH CONTRACTORS, OR ENTITIES LICENSED TO PERFORM MAINTENANCE OR TESTING OF ALARM SYSTEMS; ADDING PROVISIONS FOR APPEALS; AND SETTING AN EFFECTIVE DATE. Mike Dutton, Fire Chief, reported there have been no changes since first reading. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Reeves moved to adopt Ord. 1787 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING —ORD. 1788: GENERAL EMPLOYEES RETIREMENT PLAN The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE GENERAL EMPLOYEES' RETIREMENT PLAN; AMENDING SECTION 17 -12. 1 TO PERMIT INVESTMENT IN MUTUAL FUNDS; AMENDING SECTION 17 -12. 1 TO PERMIT THE AGGREGATE OF THE INVESTMENT IN CAPITAL STOCK OF ANY ONE ISSUING COMPANY TO NOT EXCEED, AT COST, 65% OF THE ASSETS OF THE FUND; AMENDING SECTION 17 -12. 1 TO REMOVE REFERENCE TO THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. The Finance Director explained the amendment is to make the Plan consistent with the recent investment policy adopted by Council and there have been no changes since first reading. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1788 on second reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING —ORD. 1772: SIGN CODE The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 16. 125. 2, SIGN CODE, OF THE LAND DEVELOPMENT CODE, TO INCREASE THE NUMBER OF MONUMENT SIGNS ALLOWED FOR CERTAIN MULTI-TENANT CENTERS; AND SETTING AN EFFECTIVE DATE. Laura Boroughs representing Jay Odom, Crystal Beach Development, explained the request to amend the sign code to allow a little more signage for multi- tenant centers. Mr. Reeves disclosed he rents space across the street from the applicant  Regular Council meeting 1 - 13 -09 98 ORD. 1772: SIGN CODE coat. Samantha Abell, Senior Planner, went over the request to amend the sign ordinance, explained the proposed change would allow large multi- tenant centers no more than four monument signs along major arterials and no more than two monument signs along minor arterials, and the qualifying center must remove existing non- conforming signs prior to the issuance of a sign permit. There was discussion on the difference between monument and billboard signs, the minimum of 100 linear foot separation between signs, the number of multi -tenant centers that could take advantage of more signage; and the lack of restriction in the code that signs would have to meet the 100 foot separation from an adjoining property. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1772 on first reading. Mr. Holmes seconded motion and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Pullen, and Hartwell in favor and Minich opposed. PUBLIC HEARING —ORD. 1784: AMENDING CAPITAL IMPROVEMENTS ELEMENT The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY; ADOPTING TEXT AMENDMENTS TO THE CAPITAL IMPROVEMENTS ELEMENT TO UPDATE THE SCHEDULE OF CAPITAL IMPROVEMENT PROJECTS, AND TO INCORPORATE BY REFERENCE THE OKALOOSA -WALTON COUNTY TRANSPORTATION PLANNING ORGANIZATION' S TRANSPORTATION IMPROVEMENT PROGRAM 2009 -2013 AND THE OKALOOSA COUNTY SCHOOL BOARD' S 2008 -09 SCHOOL FACILITIES WORK PLAN; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Samantha Abell, Senior Planner, explained that every year local governments must update their Capital Improvement Elements, including the five -year schedule of capital improvements, and that the purpose of the amendment is to reflect the timing and funding of capital projects to meet or maintain adopted Level of Service Standards or to implement the goals, objectives, and policies of the Comprehensive Plan. She further advised the Local Planning Agency recommended approval at their meeting of December 4, 2008, and that after adoption on second reading, the ordinance will be sent to the Florida Department of Community Affairs for a compliance review. She entered the staff report into the record. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Reeves moved to adopt Ord. 1784 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING: ORD. 1789 - AMENDING CITY CHARTER TO REMOVE RECORDER The Mayor read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY AND INTENT; AMENDING SECTION 53 OF THE CITY CHARTER TO REMOVE ARCHAIC AND INAPPLICABLE PROVISION THAT WAS NULLIFIED AND REPEALED BY THE HOME RULE POWERS ACT OF 1973; AND PROVIDING AN EFFECTIVE DATE. The City Attorney advised this ordinance follows the Charter Review by Council and the fact that the position of Recorder" is no longer utilized; therefore, it can be removed from the Charter. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. Mr. Reeves seconded motion and it carried 1789 on first reading. unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Regular Council meeting 1 - 13 -09 99 PUBLIC HEARING: ORD. 1790 - AMEND FINANCIAL PROCEDURES OF CITY CHARTER The Mayor read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY AND INTENT; AMENDING SECTIONS 21, 22 AND 23 OF THE CITY CHARTER TO REMOVE ARCHAIC AND OBSOLETE PROVISIONS REGARDING FINANCE PROCEDURES; AMENDING SECTION 53 TO REMOVE THE FINANCE DIRECTOR AS AN OFFICER APPOINTED BY THE CITY COUNCIL; AND PROVIDING AN EFFECTIVE DATE. The City Attorney advised this ordinance is a result of the Council' s Charter Review and request that she seek an opinion from the Florida Attorney General. The City Attorney informed that the Attorney General gave the opinion that because the position of the Finance Director, along with the positions of City Clerk and City Attorney, are appointed positions, Section 53 of the City Charter can be amended by ordinance to remove the position of Finance Director without a referendum. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Hartwell moved to adopt Ord. 1790 on first reading. Mr. Minich seconded motion. Discussion included an exchange of views on the importance for Council to maintain checks and balances within the City and the need for the position of Finance Director to remain an appointed official who reports directly to the Council; that outside audits are performed on the City' s behalf, thus ensuring the checks and balances are being maintained; that Council will continue to control financial matters; and that the lines of daily operations have been cleared up by having the Finance Director report directly to the City Manager. The Mayor called for the vote on the motion to