Fort Walton Beach Council minutes — 10-27-09 regular minutes — reading text

Mayor opened the public hearing. Chris Gibson, 249 Brooks Street, noted several quality of life issues of the proposed subdivision, including loss of the view corridor, possible future commercial uses in the area, and increased traffic. As there was no one else who wished to speak, the public hearing was closed. Mr. Garvie moved to adopt Ord. 1811 on first reading. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1813, REZONING 248 HOLLYWOOD BLVD TO CF The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF PROPERTY LOCATED AT 248 HOLLYWOOD BOULEVARD SE, FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; MAKING FINDINGS OF FACT; REZONING PROPERTY FROM R -2 MULTIFAMILY RESIDENTIAL DISTRICT TO CF COMMUNITY FACILITIES DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; AND SETTING AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify.  25 Regular Council October 27, 2009 ORD. 1813 ( CONT) Freddie Casom, representing the Mercy Seat Ministries, advised the church wants to expand their facility and it came to their attention the property is zoned residential when they submitted plans for the expansion. Samantha Abell, Senior Planner, advised the Municipal Planning Board held a public hearing to consider the request to rezone 34 Carson Drive SE on October 15, 2009, and found the request meets the criteria specified in Section 13. 30. 5 of the Land Development Code, and recommended that Council approve Ord. 1813. The Staff Report was entered into the record. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1813 on first reading. Mr. Patterson seconded motion. The City Attorney questioned if the recommendation by Staff includes refunding the rezoning application fee of $ 925. 00 as the Municipal Planning Board included it in their motion. Ms. Abell advised Staff has not received an application to request the waiver of fees of which $ 550. 00 goes to advertising costs and the remainder is for Staff time. Mr. Garvie advised his motion did not include the waiver of fees but he would like to add that to the motion. Mr. Garvie amended his motion to waive the rezoning application fee of $ 925.00. Mr. Patterson accepted the amendment. The Mayor called for the vote on the motion to adopt Ord. 1813 on first reading, including waiving the $ 925.00 application fee, and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1814. REZONING 34 CARSON DRIVE TO CF The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA,, RELATING TO THE REZONING OF PROPERTY LOCATED AT 34 CARSON DRIVE SE, FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; MAKING FINDINGS OF FACT; REZONING PROPERTY FROM R -2 MULTIFAMILY RESIDENTIAL DISTRICT TO CF COMMUNITY FACILITIES DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; AND SETTING AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. Pastor Cecil Williams of the Gregg Chapel AME Church advised the church wants to accommodate a daycare facility and it came to their attention the property is zoned residential when they submitted plans for the daycare. Samantha Abell, Senior Planner, advised the Municipal Planning Board held a public hearing to consider the request to rezone 34 Carson Drive SE on October 15, 2009, and found the request meets the criteria specified in Section 13. 30. 5 of the Land Development Code, and recommended that Council approve Ord. 1814. The Staff Report was entered into the record. 26 Regular Council October 27, 2009 ORD. 1814 (CONT) The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1814 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1812, VOLUNTARY ANNEXATION OF 12 WEDGEWOOD LAND NE The City Attorney read the ordinance by title. The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; ANNEXING INTO THE CITY LIMITS OF FORT WALTON BEACH FLORIDA THE PROPERTY DESCRIBED AS LOT 1 BLOCK D COUNTRY CLUB ESTATE SUBDIVISION, WITH AN ADDRESS OF 12 WEDGEWOOD LANE, FORT WALTON BEACH, FLORIDA; PROVIDING FOR MUNICIPAL BOUNDARY; AND SETTING AN EFFECTIVE DATE. Ivan Lynn, 12 Wedgewood Lane, advised he is requesting annexation into the City because of a failing septic tank system on his property since County sanitary sewer is not available at the location. Samantha Abell, Senior Planner, advised the Municipal Planning Board held a public hearing to consider the request on October 15, 2009, and found the request meets the criteria for annexation pursuant to the Land Development Code, and recommended that Council approve the request. The Staff Report was entered into the record. The Mayor opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. 1812 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1816, ANIMAL CONTROL The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 7 BY REPEALING SECTION 7. 05. 06, ANIMAL CONTROL; AMENDING SECTION 5. 02 TO INCLUDE PROVISIONS FROM SECTION 7. 05. 06 AND ADDING OTHER PROVISIONS REGARDING ANIMAL CONTROL; AND SETTING AN EFFECTIVE DATE. The City Manager gave some background on the ordinance and advised the ordinance defines household pets, which includes pot bellied pigs; it defines pets that are not considered household pets; and includes the definition of farm animals as they are not included in the definition of a household pet and are therefore not considered to be permitted within the City limits.  27 Regular Council October 27, 2009 ORD. 1816 ( CONT) The City Manager explained that since the City has a contractual relationship with the Panhandle Animal Welfare Society (PAWS), which enforces the county control ordinance within the City, the elements of the county ordinance concerning cruelty to animals and bad animals are enforced within the City. The City Manager further advised the ordinance designates the entire area within the corporate limits of the City a bird sanctuary, making it unlawful to hunt, kill, or trap birds or any wild fowl within the City. Discussion ensued whether a weight limit should be imposed on pot bellied pigs for pets. The City Manager advised he had considered that but it would be hard to enforce. The Mayor opened the public hearing. Chris Gibson, 249 Brooks Street, stated ` a pig is a pig is a pig' under any circumstances, and urged Council not to adopt this ordinance. As there was no one else who wished to speak, the public hearing was closed. Mr. Nabors moved to adopt Ord. 1816 on first reading. Mr. Reeves seconded motion and it carried by a vote of 5 to 2 with Reeves, Garvie, Nabors, Patterson, and Rynearson in favor and Holmes and Miller opposed. ORD. 1796, ALCOHOL SALES HOURS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 9. 01. 04, HOURS FOR SALES ( OF ALCOHOLLIC BEVERAGES); RESOLVING SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The City Manager gave some background on the ordinance and advised that nothing has changed since first reading. The City Attorney confirmed that no alcoholic beverages may be sold between the hours of 4:00 am and 7: 00 am. Discussion included that this ordinance will bring the City in line with neighboring communities in regards to alcohol sales. The Mayor opened the public hearing. Brian Rosales, 412 Holmes Blvd., advised one possible reason that alcohol sales is prohibited between the hours of 4: 00 am and 7: 00 am is because of school busses on the road during those hours, and the heavy amount of work traffic. Chris Gibson, 249 Brooks Street, stated her feeling this will encourage the vagrants and the homeless and make the problem of vagrancy worse than it is now. As there was no one else who wished to speak, the public hearing was closed. Mr. Garvie announced a conflict of interest and would abstain from the vote. M• Regular Council October 27, 2009 ORD. 1796 ( CONT) Mr. Nabors moved to adopt Ord. 1796 on second reading. Mr. Reeves seconded motion and it carried by a vote of 5 to 1 with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor and Miller opposed ( Garvie abstained). ORD. 1815, AMENDMENT TO BUILDING, CONSTRUCTION /FIRE CODES The City Attorney read the ordinance by title. AN ORDINANCE OF THE FORT WALTON BEACH, FLORIDA; PROVIDING CITY OF AUTHORITY; AMENDING CHAPTER 3, BUILDINGS, CONSTRUCTION & FIRE CODES, OF THE CODE OF ORDINANCES; AND SETTING AN EFFECTIVE DATE. Tim Bolduc, Building Official, advised there have been no changes since first reading. The Mayor opened the public hearing. There was none. Mr. Holmes moved to adopt Ord. 1815 on second reading. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. APPROVAL OF CIP TO EXTEND NEW WATER MAINS AT PROPOSED JUDICIAL CENTER Request City Council approval of a Capital Improvement Project to extend a new 8 -inch and 10- inch water main to the proposed Okaloosa County Judicial Center at the Fairgrounds, and whether the County should be assessed the costs. This item was postponed until the December 8, 2009 Council meeting. EMERGENCY REPAIRS TO PUMP STATION # 1 Award of bid for pipe lining and manhole rehabilitation for the emergency repairs to Pump Station # 1. John Hofstad, Utilities Director, advised that Pump Station # 1 located on Robinwood Drive experienced a total failure of the 36" cast iron influent gravity main due to the heavy rainfall, and that a bypass line of 10" has been used to re -route sewage around the damaged section of the pipe. Mr. Hofstad informed it is imperative that the City secure contractor services to make repairs to the damaged section of the gravity main as soon