Fort Walton Beach Council agenda — 10-24-2006 ‎(regular)‎ — reading text

a little more lenient in getting input during discussion phase after a motion is made so they can have all the evidence, and if Council is dealing with a legislative issue on the Land Development Code, there is certain notice and strict public input criteria; so depending on the issue before Council it all could vary. GENERAL PUBLIC Ray Seip, 121 Nebraska Avenue, commented in the near future Volume IV, Chapter 12 Land Development Code revisions should be brought to Council for approval. He referenced Section 12. 734. 01 (3) which states accessory uses within the principal building shall not utilize more than 25 percent of the gross floor area of any commercial business. He objected to restricting the storage Section 12. 52. 04 space to the business field as necessary to conduct business. He also referenced Shoreline Protection Zone which removes from use valuable land. He objected to the requirement of taking property without compensation or justification. He voiced his belief that the Council and the Mayor do not know what is being placed in front of them for approval. He suggested Council start ask themselves why, and if they wait they will not reading the old Land Development Code now and to have enough time to recognize when a change is requIred. He also suggested Council ask themselves if the City should be so involved with the citizen' s lifestyle, that the city is over- regulated. He mentioned a number of individuals he knows who are going to move, will not start a business or build a home because the city i~ over- regulated and inflexible. He suggested it is time to stand back and look at what the City should be doing and change the mind set. Dr. Pullen mentioned due to medical problems he is unsure when he will or will not be present at a will meeting during the next six weeks and wished to express himself on the fairgrounds so Council know his in case he is not present when it comes to Council. He mentioned it was expressed position at the Special Meeting last night that people would like the City to try to keep the fairgrounds as a viable activity for the community. He noted the City Attomey had explained the City cannot sell without declaring it as excess He property. the City work toward a lease and the return to suggested the City should at least take care of the debt service, and maybe some of the principal, on the value of the property where the fairgrounds sit which includes some of the parking area, for about $ 1 million. He felt the lease should be an initial period of 1 ~ - 2 years with renewal at least one year in advance before expiration so the Fair Association can plan for future bookings. He said taking care of the fire code problems should also be a part of the lease, and there should be an exception or addendum to the condition for canceling and/ or usage in case of a disaster so the area can be used for a Disaster and it Response Team. He said if it moves ahead to place the Courthouse Annex on the property becomes a problem, he would put the Courthouse Annex as priority over the fairgrounds. He added that the lease should not be set up in such a way that the Council micro- manages the way the fair runs their business. Mr. Tucker brought up the interview at the Radio Station 1260 Talk Show when Councilman Hartwell was treated very badly and asked to be informed when Mr. Hartwell receives an answer to the letter he sent to the radio station. He said Council is invited to the station, and it is a civic duty to go, but he is offended when one of his colleaguesis treated that way. He said he would volunteer to go on the Talk Show but he wants it understood that anyone invited as a guest to help the citizens understand what is going on should not be treated that way. He said he will not be satisfied until the person formally apologizes to Mr. Hartwell.  77 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA OCTOBER 10, 2006 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, October 10, 2006, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Bob Campbell, Jim Tucker, Dr. Wayne Pullen, and Mike Minich Absent: Bill Patterson, Jim Hartwell Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director Position Vacant); 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 Tom Murray, Public Works Director, gave the Invocation. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda item. Mr. Tucker seconded motion and it carried unanimously with Holmes, Campbell, Tucker, Pullen, and Minich in favor (Patterson and Hartwell absent). APPROVAL OF MINUTES Approval of the minutes of the Special Council Meeting of September 20, 2006, and the Regular Council Meeting of September 26, 2006. ORD. 1707- COMP PLAN AMENDMENT- 653 COUNTRY CLUB AVENUE NE 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 653 COUNTRY CLUB AVENUE NE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR AMENDMENT OF THE FUTURE LAND USE MAP FOR THE PROPERTY FROM OKALOOSA COUNTY LOW DENSITY RESIDENTIAL TO CITY OF FORT WALTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING FOR INTERNAL CONSISTENCY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Missy McKim, CDS Director, entered the Staff Report into the record. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Campbell moved to adopt Ord. 1707 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Campbell, Tucker, Pullen, and Minich in favor Patterson and Hartwell absent). 78 Regular Council 10/1 0/ 06 REGULAR AGENDA- INSTALL PVC WYE- TEE AND SEWER LATERAL TO ROW, 29 JONQUIL Consideration of a request for City Council to install a new four inch PVC wye- tee and sewer lateral to the right- of-way line 10 feet north of south property line of 29 Jonquil Avenue; further, authorize the waiving of tap fees and asphalt cut/repair fees in the approximate amount of 1, 200 to facilitate a conversion from septic tank to City sewer service. Annie and Don Gratton, 29 Jonquil Avenue, explained they recently discovered that they were not connected to the City' s sewer system, even though they have been paying the fees since they lived at the home, which has been since 1974. Mr. and Mrs. Gratton feel that the City should reimburse them for sewer service and repairs and the original pumping out of the septic tank. John Hofstad, Utilities Director. explained that a stub- out had been provided during the construction of the sewer main along Jonquil Avenue in February of 1972. The original property owners were given the option of tying onto the stub- out or staying on the septic system, and they decided on the latter. Mr. Hofstad explained that when the Grattons bought the property through foreclosure in March of 1974, the septic system information was not disclosed to them. Mr. Hofstad advised that the City ordinance states that residential and commercial customers who have service available to them, but who are not connected to the sewer system, shall be charged accordingly. Mr. Hofstad feels the City' s recommendation to grant a waiver of the tap fee because they have been paying into the fund for 32 years is a reasonable requ~ st. The City Manager explained the ordinance was originally written to discourage property owners from remaining on septic systems. She stated although she understood the Gratton' s dilemma, she does not want to convey that the City is responsible for refunding sewer bills for those who may still be on a septic system. She informed it is her feeling that Staff is offering an amicable solution to pay the tap and curb- cut fee, although their request to fill the tank with sand septic cannot be granted because the City cannot do work on private property. Mr. Hofstad further advised that the City is providing a new service tap because the previous tap is under a newly installed driveway, and the City does not want them to have to tear up a new driveway. Mr. Tucker moved that the City install a new four (4) inch PVC- wye-tee and sewer lateral to the right-of-way line ten ( 10) feet north of the south property line of 29 Avenue Jonquil NE; and to waive the sewer connection fee of $600 and pavement replacement fee of $600 for the work to be performed. Mr. Campbell seconded motion and it carried unanimously with Holmes, Campbell, Tucker, Pullen, and Minich in favor ( Patterson and Hartwell absent). DISCUSSION OF CONSOLIDATION OF SERVICES Consideration of a request for the " reduction in City Budget by consolidation of services." Mr. Tucker stated his desire to reduce the City' s budget by