Fort Walton Beach Council agenda — 05-22-2007 regular agenda — reading text

negate the City ordinance, then the residents would only be eligible for the 2~, 000 exemption for the 2007 tax year. There was discussion on placing the item on the agenda for the Special Council meeting scheduled for May 15th to decide whether or not to adopt an ordinance. The City Manager confirmed she will place a draft ordinance for Council consideration on the May 15th Special Council meeting. In response to a requestfor an explanation on staff' s objection, the City Manager further explained the legislature is still determining what they will do with property taxes. She explained the proposal from the House could reduce the property taxes byapproximately$ 1. 5 - $ 1. 7 million; the proposal from the Senate could reduce the property taxes by approximately $.5 - $ 1 million. She said if the City is going to lose that amount of revenue and roll back property taxes, it is her opinion it will be extremely difficult for the City to be able to maintain the service delivery levels currently provided, ~ and an additional exemption further complicates it. She said, in addition, the Governor has talked about doubling the homestead exemption and providing portability from one house to another, but those details have not been released so the financial impact is unknown. She realized it is a small ... . dollar amount but if it is in the range of $ 1. 7 and then there is the complication with the Communication Services Tax, which is another $ 1 million, every penny counts. The Mayor noted it will be on the agenda for the May 15th Special Council meeting.  Council Workshop 5- 1- 07 267 CHARTER OFFICERS Dr. Pullen suggested Council think about naming one of the Charter Officers as an Assistant City Manager to take over in case of the City Manager' s absence. He noted under the Charter Council cannot give direction to a staff member. FLAG POLES The CDS Director gave Council background information on the 170' flag pole issue that has been before the Municipal Planning Board and a summary of the process of the actions that have occurred. LANDMARK CENTER Discussion ensued regarding the status of the Landmark Center project. The City Manager advised that City staff has met with representatives of the Landmark Center project at least twice in the past year regarding their plan to include retail shopping and condos at the corner of Perry and US Highway 98. The City Manager stated that Staff is concentrating mainly on the issue of the She informed parking garage and whether the City would agree to any kind of funding for it. Landmark representatives have drafted a Development Agreement and are anxious to move their project forward to the CRA, and since this is a quasi-judicial matter, she cannot say anything more about the issue. Council questioned when the issue would go before the CRA Board. The CDS Director advised that Staff is waiting for revisions to the site plan to be submitted, so it would depend on when the revisions are received and comments from the Development Review Committee if it g~ ts on the If)''' June CRA agenda. '.' ro, Discussion included that Council may be reviewing a site plan and has never discusseq whether the property should be declared excess. The City Manager advised that sort of information will be defined in the Development Agreement, whether it is to be sold, or maintained by the City. She to stated if Council would like to discuss that possibility she can be directed to bring information Council on the issue prior to discussion. would not The City Attorney advised if the garage area is to be used as public parking the property She continued that the issue can be be declared excess because it has a public purpose. of the development, but the site separated to discuss the parking garage separately from the rest plan when presented to Council will be as one unit, with the entire development contingent upon of the parking garage. The City Attorney continued she has drafted a basic Memorandum Agreement that has not even been discussed among Staff at this point, although the developer is ready to move forward. be briefed Further discussion included that a parking study is being conducted that the CRA will on, and that Council has not even seen the study, and it might be helpful if Council received a copy Also discussed the need to move forward and let the of the report so they could study it. was issues and then present an educated various City boards and committees research recommendation to Council, and that Staff is always available to answer any questions or clarify any issues that Council might haw. board and J Council received an explanation from the City Attorney that they may attend City are being committee meetings as a private citizen and to be mindful when any quasi-judicial issues discussed. She noted it is required that councilmembers who attend a meeting of a quasi- judicial when the issue is being brought forward nature state so for the record during the Council meeting for consideration.  269 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MAY 8, 2007 INTRObUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, May 8, 2007, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill GaNie, Dr. Wayne Pullen, and Mike Minich Absent: Jim Hartwell Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Usa Absher, 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 AND PLEDGE Pastor Charles Sansom Sr., Family of Faith Church, gave the Invocation and led in the Pledge of Allegiance. CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda item. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of April 24, 2007. PUBLIC HEARING- ORD. 1727, LOUD AND UNUSUAL NOISES The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 9. 06 LOUD OR UNUSUAL NOISE PROHIBITED OF THE CODE OF ORDINANCES TO AMEND THE HOURS OF USE OF TOOLS, MACHINERY AND EQUIPMENT WITHIN ONE HUNDRED ( 100) FEET OF A RESIDENTIAL ZONE, TRANSIENT LODGING FACILITY OR MIXED USE RESORT; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 1 The CDS Director advised that numerous complaints of noise have been received from residents residing near the Shoppes at Paradise Pointe, located on Miracle Strip Parkway SE, primarily in reference to Sec. 9. 06, Loud and Unusual Noises Prohibited, of the Code of Ordinances, regarding the use of tools in a residential zone between the hours of 10 pm and 7 am. She explained an ordinance was drafted and reviewed by the City Attorney, who advised that the amendments suggested by the ordinance are insufficient to address the elements of Sec. 9. 06 regarding loud or unusual noises, and suggested revisions to the current provisions which might seNe as a temporary approach. 270 5/ 8/ 07 Regular Council ORD. 1727 ( CONT) Discussion included the fact that a more in- depth ordinance would include the use of a decibel meter to measure decibel levels; and the fact that a provision has been added to allow for the with a City Manager to authorize an exception to the use of loudspeakers, etc. in conjunction special commercial sale, or civic, religious, or Christmas event. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1727 on first reading. Dr. Pullen seconded motion. Further discussion included that the ordinance was drafted to give those residents living close to a commercial zone the same right to privacy and quiet that other residents enjoy; that the ordinance is too vague and that it needs to contain exact language regarding loudness; and that a temporary approach is not the best way to go at this time. The Mayor called for the vote on the motion and it failed by a vote of 2 to 4 with Pullen and Minich in favor and Holmes, Miller, Reeves, and Garvie opposed ( Hartwell absent). ORD. 1729, COMPREHENSIVE FEE SCHEDULE The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE BUSINESS TAX SECTION OF THE COMPREHENSIVE FEE SCHEDULE FOR THE CITY OF FORT WALTON BEACH TO INCREASE ALL BUSINESS TAX RECEIPT CHARGES BY FIVE PERCENT ( 5%); AMENDING SECTION 8. 01. 09 OF THE CITY CODE, AS ADOPTED IN ORDINANCE 1725; AND PROVIDING AN EFFECTIVE DATE. The Finance Director advised that Florida Statutes allows municipalities to adjust their local Business Tax Receipts ( BTR) by 5% every two years, and the last increase by the City was 5% in 2005. She advised the City has the option to raise the rates now, effective October 1, 2007, and that the 5% adjustment is estimated to generate additional General Fund revenue proposed of approximately $ 10, 500. 00. The Mayor opened the public hearing. As there was none, the public