Fort Walton Beach Council minutes — 06-24-08 regular minutes — reading text

187 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JUNE 24, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, June 24, 2008, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, and Mike Minich Absent: Virgil Miller and Jim Hartwell Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Brandy Wunker, Interim Finance Director; Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER The Mayor called the meeting to order and welcomed everyone. He requested anyone who wished to address Council to approach the podium after being recognized, then state his or her name and address for the record. INVOCATION Pastor Charles Sansom, Jr.,Family of Faith Church, gave the Invocation. PLEDGE Mayor Anderson led in the Pledge of Allegiance. SPECIAL GUESTS Senator Don Gaetz and Speaker Designate Ray Sansom discussed the budget cuts and the economic conditions of the State of Florida, and stressed the importance of county/ city partnerships. Both Senator Gaetz and Speaker Designate Sansom thanked the Mayor for his efforts on behalf of the City in Tallahassee. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the business of the day as follows: move Item # 23, Consideration of Resolution 08- 21, Appointment of an Affordable Housing Advisory Committee Member to the SHIP, to Item # 14, and that Item 12, Consideration of Ord. 1768, Stormwater Management Utility, was withdrawn. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor Miller and Hartwell absent). CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). APPROVAL OF MINUTES Approval of the minutes of the Council Workshop of June 3, 2008, the Regular Council Meeting of June 10, 2008, and the Executive Session on June 12, 2008. YOUTH COMMITTEE FUNDRAISER A request by the City of Fort Walton Beach Youth Committee to host a Pancake Breakfast Fundraiser to generate funds for youth events. 188 Regular Council 06/ 24/ 08 AGREEMENT- OHDC AND CITY A request for City Council approval of an Agreement between Okaloosa Housing Development Corporation and the City of Fort Walton Beach to administer the Community Development Block Grant entitlement funds. EXTEND DATE FOR VOLUNTARY SEPARATIONS/ EARLY RETIREMENTS A request to extend the due date for applications by eligible City employees for the voluntary separations and early retirement programs. SPECIAL PRESENTATION Presentation by Foster & Foster of the Independent Peer Review and Actuarial Experience Study for the City of Fort Walton Beach General Employees' Pension Plan. Brad Heinrichs with Foster & Foster presented the Independent Peer Review and Actuarial Experience Study. Brandy Wunker, Interim Finance Director, advised that the findings of the Study will be sent to the City' s actuary and that his feedback will be provided to Council and changes can be made as Council deems fit. The City Manager advised she plans on addressing this during the budget process; but if not able to at that time, changes can be discussed during September or October and the budget can be adjusted accordingly. GENERAL PUBLIC Comments from General Public on matters of City business not otherwise on the agenda. Mary Blackwell, 1562 Glenlake, Niceville, requested Council pass a resolution to endorse the Equal Rights Amendment. Consideration of a resolution will be placed on the next Council agenda. ORD. 1765. REZONING 214 STOKES AVENUE SE AND 220 STOKES AVENUE NW The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF PROPERTY LOCATED AT 214 STOKES AVENUE SOUTHEAST AND 220 STOKES AVENUE NORTHWEST, 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 changeon City infrastructure, public health and safety and found that the impact is minimal;  189 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