Fort Walton Beach Council minutes — 03-25-14--regular — reading text

FOpt VJgiTO 119 gyp J FlOn,10 ' Draft Minutes City of Fort Walton Beach Regular Meeting of the City Council of Fort Walton Beach Tuesday, March 25, 2014 6: 00 PM 107 Miracle Strip Parkway Fort Walton Beach, FL 32548 CALL TO ORDER 6: 00 PM Meeting was called to order on March 25, 2014 at Council Chamber, 107 Miracle Strip Parkway, Fort Walton Beach, FL. AttendeeName T" itle _ Status Arri 4ed _ Mike Anderson Mayor Absent Bobby Griggs Council Seat 1 Present joyce gossom Council Seat 2 Present John Mead Council Seat 3 Present Mike Holmes Council Seat 4 Present Amy Jamieson Council Seat 5 Present Bull Rigdon Council Seat 6 Present Dick Rynearson Council Seat 7 Present Mayor Anderson was out of town. Mayor Pro Tern Bobby Griggs chaired the meeting. The Mayor Pro Tern congratulated new Councilmember Mike Holmes, who was given the Oath before the meeting. INVOCATION Assistant Pastor Floyd Yoder from Westwood Baptist Church led in the Invocation. PLEDGE OF ALLEGIANCE Mr. Holmes led in the Pledge of Allegiance. PROCLAMATIONS The Mayor Pro Tern presented the proclamation to Boys & Girls Club Week to Angela Shonk and Michael Rojas of the Boys and Girls Club of the Emerald Coast. RECOGNITIONS —Student Ace Awards The Mayor Pro Tern presented the Student ACE Award to Adrien Linder of Choctawhatchee High School and Bailey Harkins of Fort Walton Beach High School. PRESENTATIONS None. City Council ofFort Walton Beach Page I Printed 312612014  120 Regular Meeting Minutes March 25, 2014 APPROVAL OF AGENDA Ms. Jamieson moved to approve the agenda as presented. Mr. Rigdon seconded motion anu it carrieu unanimousiy. RESULT: ` APPROVED [ UNANIMOUS] MOVER' :.. Amy Jamieson; Council. Seat.S SECONDER ' Bull Rigdon, Council Seat 6 . AYES: ,- Griggs gossom, Mead, Holmes, JamlQsori;,Rigdon, Rynearsor ., CONSENT AGENDA Mr. Rynearson moved to approve the Consent Agenda. Mr. Rigdon seconded motion and I %." l I1cu ull CluuilVU31v. RESULT:. APPROVED [ UNANIMOUS] MOVER: Dick' Rynearson,;Council Seat 7, t SECONDER-.',.,'. Bull Rigdon; Courfcil Seat 6-' AYES wGriggs, gossom, Mead, Holmes; ,Jamieson, Rigdori, Rynearson: Minutes Approval Approval of minutes of the Regular Meeting of Tuesday, March 11, 2014 and the Special Meeting of Friday, March 14, 2014. Formal Adoption of Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2013 Recommends formal City Council adoption of the Comprehensive Annual Financial Report CAFR) for the fiscal year ended September 30, 2013 as presented to City Council on March 11, 2014. PUBLIC COMMENTS None. QUASI JUDICIAL HEARINGS None. RESOLUTIONS None. ORDINANCES -FIRST READING None. ORDINANCES -SECOND READING 1887 Amends LDC to Add Supplemental Use Standards to Certain Uses in the Down Design Overlay District (DDOD) City Council of Fort kFallon Beach Page 2 Printed 312612014  121 Regular Meeting Minutes March 25, 2014 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 2, ZONING DISTRICTS AND USES, AND CHAPTER 5, ACCESSORY, TEMPORARY, AND SPECIAL USE SITUATIONS, OF THE LAND DEVELOPMENT CODE TO ADD SUPPLEMENTAL STANDARDS FOR ADULT ORIENTED BUSINESSES, TATTOO PARLORS, PAWN SHOPS, NON -CHARTERED FINANCIAL INSTITUTIONS, AND FORTUNE -TELLING BUSINESSES WITHIN THE DOWNTOWN DESIGN OVERLAY DISTRICT; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Ord. 1887 on second reading. Tim Bolduc, Engineering/ Utilities Services Director, explained that during discussion of the ordinance on first reading on March 11, 2014, Council agreed not to allow adult oriented uses from the Downtown Design Overlay District ( DDOD), thereby eliminating the language from Section 5. 04. 26 of the ordinance. Mr. Bolduc stated Section 5. 04. 26 now reads ' Within the Downtown Design Overlay District, no adult- oriented use may be allowed.' Jeff Bullard, downtown business owner, received clarification that the language change does not affect the tattoo parlorsibody piercing studios, non -chartered financial institutions, pawnshops, or fortune tellers /psychics, and that businesses in existence prior to May 1, 2012 are exempted. Ms. Jamieson moved to adopt Ord. 1887 on second reading. Mr. Rynearson seconded motion ana it carriea unanimousiv. RESULT.: ADOPTED [UNANIMOUS]` MOVER:.. Amy Janie son,, Counci1, S'eat: 5: _ SECONDER:. Dick Rynearsoin,. Counci[ Seat 7 AYES: gossom,-.Mpad, Holmes, Jamieson, Rigdon, Rynearson t 1892 Amends Code of Ordinances to Establish Business and Entertainment District AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, AMENDING CHAPTER 7, LEISURE AND RECREATION SERVICES, CHAPTER 8, LICENSES AND BUSINESS REGULATIONS, AND CHAPTER 9, OFFENSES, OF THE CODE OF ORDINANCES TO ESTABLISH A BUSINESS AND ENTERTAINMENT DISTRICT, PROVIDING FOR INTERNAL CONSISTENCY; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Ord. 1892 on second reading. Tim Bolduc, Engineering/ Utilities Services Director, explained that during first reading of the ordinance on March 11, 2014, several changes were made including the following: Sec. 8. 09. 02, District Hours were changed to a beginning time of 4 pm on Thursdays and Fridays; Sec. 8. 09.06 Temporary Road Closures was changed to add language ensuring the requirement for an approved traffic management plan; Sec. 5 was changed to accommodate the necessary finding language regarding alcohol as required in Florida Statute chapter 562. 45; and Section 6, the Effective Date was changed to May 1, 2014. Mr. Bolduc presented an engineering plan for the closure of Brooks Street during special events, and read the language of Sec. 8. 09. 06 Temporary Road Closures as follows: ...' An application must be submitted on a form provided by the city along with an approved Maintenance of traffic plan which insures access to all properties along the closed section of the road.' City Council of Fort ff'alton Beach Page 3 Printed 312612014  122 Regular Meeting Minutes March 25, 2014 Mr. Bolduc continued that Staff has continued discussion with the downtown population and has worked with the City's police officers to make them aware of the new rules and regulations. Stacy Dawn, Brooks Street resident, suggested that penalties be added to help cover costs incurred for responding to complaints to the City Police and Fire Departments to those who do not comply with the ordinance. Ms. Dawn also discussed the noise portion of the ordinance, suggesting changes to hours in the section regarding property with adjacent residential, and suggested that sound level measurements be taken 100 feet from the source of the sound or 5 feet from the property line of the property where the noise is generated, whichever is more restrictive. Ms. Dawn also suggested Council vote no on the ordinance and have it amended before it is voted into law. Chris James, Brooks Street resident, asked Council to think before approving the ordinance as it could depreciate adjacent properties as the sound from businesses is loud. Bobby Nabors, Fort Walton Beach, stated that not voting on the ordinance this evening could slow down the process, and reminded it could be refined over time and this is a good first step. The City Attorney advised that if major changes or language was added to the ordinance, it would have to be brought back for two additional readings. He also noted the ordinance if approved as is could always be amended in the future. Council discussion included that the ordinance be approved this evening as written and it can be refined as it goes along and encouraged residents/ businesses to keep Council informed of any issues that may arise, and to consider suggestions at a future date. Mr. Mead moved to adopt Ord. 1892 on second reading. Mr. Rigdon seconded motion and it carrieu unanimously. RESULT: , AD;OPTED: [UNANIMOUS] MOVER; John Mead, Council Seat T. SECONDER Bull Ri don, Council Seati6 AYES - ,,:; Griggs; gossom, Mead, Holme s;" Jamiesona 7 . Rigdon Rynearson r r, wt APPOINTMENTS - Mayor - Pro Tem Appointment Mr. Rigdon nominated Dr. gossom to serve as Mayor Pro Tern from April 1, 2014 through March 31, 2015. There were no further nominations. The vote on the nomination of Dr. gossom to serve as Mayor Pro Tern from April 1, 2014 through March 31, 2015 carried by a vote of 6 to 1 with gossom opposed City Council of Fort Wallon Beach Page 4 Printed 312612014  123 Regular Meeting Minutes «. March 25, 2014 Code Enforcement Board Appointments The City Manager advised there are three vacancies on the Code Enforcement