Fort Walton Beach Council agenda — 09-22-2009 regular — reading text

served between the hours of 10: 00 a. m. and 4:00 a. m. the next morning." A "full course meal" as required by this subsection must include a salad or vegetable, entree, beverage, and bread. 15- 296 Special Council 9 -15 -09 SUNDAY ALCOHOL SALES HOURS cont. Option 3: Keep the Sunday restriction with the additional language: " On Sundays, alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, or served between the hours of 1: 00 p. m. and 4: 00 a. m. the next morning, except that in establishments with more than fifty -one percent ( 51%) of total gross revenue derived from retail sales of food consumed on the licensed premises, alcoholic beverages may be sold, consumed, or served between the hours of 10: 00 a. m. and 4: 00 a. m. the next morning. The percentage of food sales shall be computed by dividing gross revenues from the sale of food consumed on the premises by the gross revenue of the licensed premises." The City Manager requested Council give direction on the language they desire in the ordinance. The Mayor opened the floor for public input. Piper Gaffrey, owner of Fountain Square, expressed her preference for the first option where it would not limit alcohol sales in a restaurant or stores as the restrictions now send people over the bridge on Sunday to purchase alcohol. Rick Clevand, owner of Coasters and Scully' s, voiced his preference for the first option as they cannot compete with Sunday sports that start at noon. Pat Daugherty, owner of Pappa Joe's Hideaway, expressed preference for the first option as it would help the businesses that do not serve full course meals. Cissy Wyninegar, Staff's Restaurant, requested Council to accept the first option as it would be the least confusing. Bill Lavery, Sports Club downtown, voiced preference to the first option as it is the least confusing and the least restrictive giving everyone the same competitive edge. Jason Calbritter, Salty Duck downtown voiced agreement with the first option because they are limited on what they can do on Sunday. Dave Viedlingmaier, International Lounge, expressed support for the first option as it keeps the business in Fort Walton Beach to produce more revenue. Colleen Rooney, 327 Brooks Street, voiced support for the first option as she agrees with what has been said. As no one else wished to speak, public input was closed. Mr. Reeves moved to direct the City Manager and City Attorney to move forward to amend the current policy on alcohol sale with the option one: to delete the entire current section 9. 01. 04 then state " On Monday, through Sunday, alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, served, or permitted to be served or permitted to be consumed in any establishment holding an appropriate and valid license under the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation, between the hours of 7: 00 a. m. and 4: 00 a. m. the next morning "; there would be no further distinction in hours of sales. Mr. Nabors seconded motion. It was suggested that another issue be addressed on alcohol sales by reducing the square foot limitations for a restaurant to sell alcohol. 16- Special Council 9 -15 -09 297 SUNDAY ALCOHOL SALES HOURS cont. The City Attorney advised that may be beyond the scope of Council' s powers as the Division of Alcohol has the requirements set out and whether or not they can have a full bar is set out by them. She would have to check to determine if there are any restrictions in the Land Development Code. Mr. Garvie announced a conflict of interest because of a financial interest and stated he would abstain from the vote. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Miller absent; Garvie abstained). 13tH The City Manager stated an ordinance will come before Council for first reading on October ADJOURN Being no further business, the meeting adjourned at 5: 53 p. m. APPROVED: ATTEST: MAYOR: CITY CLERK ddm 18-  CITY COUNCIL MEETING September 22, 2009 Consent Agenda Resolution 2009 -37. Accepts the Eglin Air Force Base related Joint Land Use Study ( JLUS) and supporting initiatives community Board on Synopsis: Reviewed by Municipal Planning September 3, 2009; no changes were recommended 3. 2 Agenda Item Number.  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Samantha D. Abell, Senior Planner Through: Michael D. Beedie, P. E., City Engineer Date: September 14, 2009 Subject: Resolution 2009 -37 — Acceptance of Joint Land Use Study (JLUS) 1. BACKGROUND: 1. 1 The purpose of Resolution 2009 -37 is to accept the recommendations of the Joint Land Use Study ( JLUS) pertaining to the City in order to ensure compatibility with Eglin Air Force Base ( AFB), the Eglin Reservation, and Hurlburt Field and support for the Eglin Complex and base mission. 1. 2 The Municipal Planning Board (MPB) reviewed the recommendations of the Joint Land Use Study at their regular meeting on Thursday, September 3, 2009. After review and discussion, no changes were recommended to the City Council. The MPB' s military ex- officio member, Marion Cook, and Chairman of the Encroachment Committee, Bob Arnold, were both in attendance. 1. 3 The 2005 Base Realignment and Closure ( BRAG) Commission decisions named Eglin Air Force Base as the recipient of two significant new missions, namely the relocation of the U. S. Army' s 7th Special Forces Group from Fort Bragg, North Carolina, and the start up of the new F -35 Joint Strike Fighter Integrated Training Center. To promote compatible community growth while protecting the mission of Eglin AFB, the Department of Defense Office of Economic Adjustment provides technical assistance through the Joint Land Use Study Program. 4 Two separate integrated study efforts were launched in concert with BRAG. First was a Comprehensive Tri- County Growth Management Plan, conducted under the auspices of the Eglin Installation Growth Committee, an 11- subcommittee group of elected officials, community and county staff members, and interested citizens. Secondly, the Joint Land Use Study was conducted under the auspices of the JLUS Policy Committee, with assistance from the JLUS Technical Advisory Group. The actual study was completed in August 2009 by Tetra Tech, Inc. Resolution 2009 -37 accepts the recommendations of the JLUS for the City' s growth management and land use. 19-  1. 5 As a participant of the JLUS program, the City of Fort Walton Beach submitted prior comments regarding the draft JLUS Study, which are now incorporated into the Final Plan. 2. DISCUSSION: 2. 1 A summary of the recommendations and strategies for supporting the preservation of Eglin Air Force Base, the Eglin Reservation, and Hurlburt Field are listed below with the City' s comments following each recommendation. 2. 1. 1 Implement Lighting Ordinance to Ensure Reduction in Glare and Reflection Comment: The City is reviewing a sample ordinance that would address the concerns of the military. 2. 1. 2 Distribute Education Handouts Materials Provided by Eglin AFB to Developers and Builders on Radio Frequency Interference. Comment: The City can provide a copy of an informational brochure /sheet /etc. provided by the military with each building permit. 2. 1. 3 Implement Public Awareness Measures Through Environs Signage, Website Links, and Educational Handouts. Comment: The City can implement a public awareness campaign upon provision of such. 2. 1. 4 Implement Comprehensive Plan Amendments Discouraging Additional Navigational Channels or Land Cuts, Artificial Reefs, or Other Activities to Increase Boater Activity. Comment: Tetra Tech, the consultant company for the JL US, has provided an email that the Controlled Firing Area relates to the Santa Rosa Sound Shoreline west of' Wright Parkway, in effect Mary Esther' s waterway. After much discussion, JeffFanto, the Growth Project Coordinator for the JLUS, recommends that the City elect not to include this particular recommendation in the resolution. Additional Information: Staff requested that the Municipal Planning Board review the recommendation in Section 2. 1. 4 from the JLUS and consider whether to exclude it from the resolution since the recommendation does not affect the City limits. The MPB requested to keel) the recommendation in the resolution since the intent of the recommendation is to notify the local jurisdictions of the Controlled Firing Areas and to promote boater safety. 20-  2. 1. 5 Formalize a Policy to Include Military Participation and Cross -Jurisdiction Coordination in Development Review and Planning Process. Comment: In 2006, the City was the firstjurisdiction in the tri-county area to appoint a military representative as an ex- officio member to the Municipal Planning Board. 2. 1. 6 Limit Object Heights Regarding Potential Conflicts With Eglin AFB Missions and Operations. Comment: In 2006, the City was the first jurisdiction within Okaloosa County to adjust its height restrictions well below the recommendations of the military. 2. 1. 7 Update City' s Comprehensive Plan and Land Development Code to