Fort Walton Beach Council agenda — 06-14-05 — reading text

property for mixed uses including an expansion of the existing nonconforming commercial use and new residential uses permitted under this designation. Mr. Mitchell advised the MPB recommended approval of the request. The Staff Report was entered and accepted into the record, and it was noted the applicant was not present. . The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1634 on first reading. Mr. Campbell seconded motion. Mr. Holmes advised he attended the MPB meeting when this item was discussed. The Mayor called for the vote on the motion and It carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor (Pullen absent). ORD. 164o- EARLY RETIREMENT. GENERAL EMPLOYEES' RETIREMENT PLAN The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE GENERAL EMPLOYEES' RETIREMENT PLAN; CREATING A NEW SECTION 17- 15. 6 TO PROVIDE AN EARLY RETIREMENT INCENTIVE FOR EMPLOYEES WHO REACH AGE 52 WITH TWENTY-FIVE ( 25) YEARS OF SERVICE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mark Wiltsie, Human Resources Director, advised this is an amendment to the current plan providing an early retirement incentive for nine eligible participants of the plan. He explained the features of the plan and the estimated savings, and advised if all the participants of the general and police retirement plan elect the early retirement, the final sick leave and vacation leave payout would be approximately $463, 000. Mr. Wiltsie announced Glen Thomas, Pension Attorney, was available to answer any questions. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1640 on first reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor (Pullen absent). Council received clarification that no objections were received by any of the general or police employees regarding this issue. ORD. 1641- EARLY RETIREMENT. POLICE OFFICERS' RETIREMENT FUND The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE POLICE OFFICERS' RETIREMENT FUND; CREATING A NEW SECTION 17-47. 3 TO PROVIDE AN EARLY RETIREMENT INCENTIVE FOR EMPLOYEES WITH TWENTY- FIVE (25) YEARS OF SERVICE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. 176 c o 5/24/ 05 ORD. 1641 ( CONn the only The Human Resource Director advised this is similar to the previous ordinance, whereby criteria for eligibility is 25 years of service as of September 1, 2005, and that 11 members are eligible. The Mayor opened the public hearing. As there was none, the public hearing was closed. Council received clarification that no objections were received by any of the affected employees regarding this issue. The City Manager advised a letter of support was received from the Police Pension Board indicating their approval of the amendment to the Plan. Mr. Campbell moved to adopt Ord. 1641 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell. Tucker. Hartwell. and Minich in favor ( Pullen absent). Discussion ensued regarding the impact to the City at the loss of 11 police officers if all took is included that advantage of the plan. The Human Resource Director explained that a provision the City would determine with the employee the actual retirement date, which would be 12 months the October 1 date. He also advised a hiring roster is in effect. past GOLF CLUB ADVISORY UPDATE The Mayor advised this item is pulled and will be placed on the June 14 agenda. AMERICAN WIND SYMPHONY PRESENTATION Presentation by Edward Boudreau, Music Director of the American Wind Symphony Orchestra on the of possibility the American Wind Symphony to the City of Fort Walton Beach during bringing 2006. a video Robert Boudreau, Music Director of the American Wind Symphony Orchestra, presented of the ship Point Counterpoint II, of which he is captain and musical conductor, and explained for with 50 years the American Wind Symphony has performed to thousands from the floating stage an exciting mix of lively music. He informed one of the most important initiatives of the AWSO is its focus on waterfront development in large and small communities combining the arts, education, entertainment and the environment in a new and vital way. Mr. Boudreau reported that 2006 will be the 50th anniversary season for the AWSO, and expressed his desire to have Fort Walton Beach as one of the ports- of-call during the season. with Mr. Boudreau expressed a vital aspect of the project is going into the schools and working students giving instruction, and that the project helps in terms of funding in the arts. He advised the cost of havingthe AWSO come to Fort Walton Beach for three days would be $ 25, 000, itself. including education programs, visiting senior citizens, and the program need to Council expressed an interest in the idea and was advised by Mr. Boudreau he would know by August 1 of the City' s intentions so the schedule for 2006 can be planned. Mr. Boudreau informed the AWSO was in the area in the 1980' s and three communities took part in the educational exchange. of the Council noted that surrounding communities could be asked to share some of the cost 25,000, as it would benefit the entire area. the end of Consensus of Council was to have the City Manager bring it back to Council before June.  o 177 5/ 24/ 05 c' ADOPTION OF MITIGATION STRATEGY RES. 05- 10- The Mayor read the resolution by title only. A RESOLUTION BY THE CITY OF FORT WALTON BEACH, FLORIDA ADOPTING THE OKALOOSA COUNTY LOCAL MITIGATION STRATEGY, MAY 2005, FOR THE CITY OF FORT WALTON BEACH, AS ATTACHED HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Bruce Stitt, Senior Planner with the West Florida Regional Planning Council, presented the Local Mitigation Strategy to Council for their consideration and was available to answer any questions Council may have. Mr. Tucker moved to adopt Res. 05. 10. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor Pullen absent). SITE PLAN APPROVAL. SUNRISE ON THE SOUND Consideration of a request by applicant Moore~Bass Consulting, Inc. for owner Premier of Fort Walton, LLC for site plan approval of Sunrise on the Sound Condominium located at 4- 16 Miracle Strip Parkway SW, consisting of two (2) five- story condominium buildings each containing thirty- five (35) units for a total of 70 residential units. The City Attorney announced a quasi-judicial proceeding and swore in those who intended to testify . Jerry Miller, attorney for the developer, advised that the content of the package Staff intends to submit into the record varies from what is in Council' s agenda package with the inclusion of two pages regarding the 75-foot height issue. Mr. Miller also advised the developer does not concede the "planning in progress" as stated in Item 5 of the condition by Staff, which states: T"he applicant has been notified that staff was directed by City Council to review the issue of lowering heights in the City to 75 feet above mean sea level. This is considered notice of ' planning in progress.''' Mr. Miller advised he will utilize two witnesses, David Smith of Moore Bass Consulting, professional engineer for the project, and Brian Lambert, Stokes- Lambert Architectural, Inc. architect for the project. Both will provide their background on education and training, and Council will be asked to accept them as professional witnesses to give opinion testimony. Mr. Miller noted both have been sworn in by the City Attorney. Mr. Smith relayed his educational and background experience, and stated he is the civil engineer on the project. Mr. Miller asked that Mr. Smith be accepted as a witness to render testimony in the proceedings. The City Attorney received clarification from Mr. Miller that Mr. Smith' s testimony will concern the applicant' s complying with the regulations of the City and this project. The City Attorney advised the Mayor to accept Mr. Smith as an expert for that purpose. The Mayor announced Mr. Smith as an expert on the project. Mr. Smith gave an overview of the project, which consists of two five-story condominium buildings, each containing 35 units, for a total of 70 residential units. He discussed the pedestrian walkway from the sidewalk along Miracle Strip Parkway to the interior of the project; and that the conceptual landscape plan shall be revised to include the preservation of as many existing trees as possible. 118 o I 5/24/ 05 SUN~ SEONTHESOUND~ ONn Mr. Miller advised that Brian Lambert will be speaking next, and asked that after he states his credentials he be accepted as an expert witness regarding the testimony he will present. Mr. Lambert relayed his education and background experience, and stated he is the architect on the project. Mr. Tucker questioned the implications, if any, of asking Mayor or Council to certify that he is an expert witness. The City Attorney advised this is an evidentiary concern, and that under quasi- judicial proceedings, the evidentiary rules are not as strict as if in litigation, and that Mr. Miller is asking the witnesses to state an opinion rather than relaying or testifying regarding the facts. The City Attorney wanted her position stated, for the record, they would not necessarily be qualified as experts if in a court of law, but this is not a court of law. She advised acceptance as an expert witness is simply for this proceeding. The Mayor announced Mr. Lambert as an expert on the project. Mr. Lambert described the front elevations, stated amenities were added on site for bonus points for density, and that the project is designed to be a residential condominium. He was available to answer any questions from Council. Mr. Miller asked Mr. Lambert if it was his professional opinion that the project complies with all the regulations of the City of Fort Walton Beach, and Mr. Lambert replied that in his professional