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

been a document that has been worked on forAhe last two years. She understood Council did not receive it until right before the weekend and asked Council to table it to take more time to review and look at the document. She confirmed that the document went through the Municipal Planning Board it carried by a vote of 7 to 0. As no one further wished to speak the public hearing was closed. It was commented the document has been a work in progress for two years and there are a few Councilmen absent and it was asked if there was a hurry to adopt. The CDS urged Council to move forward, that the Municipal Planning Board did review it and recommended approval. She said it is a document they have been working on for two years, there is a development community, contractors, electricians, landscapers that are waiting to get the document complete. She encouraged Council to adopt it tonight and then direct staff to review it in eight months after they have had time to look at it or sooner where staff sees a problem. She said if staff sees problems they will bring them to Council to correct but until they start to work with it they will not know the problems and get it improved. She said she will not say any ordinance she brings to Council is 100 %, and this document is as close as they can get it and she did not know how to get it any better. She did not think a delay will get it any better and the best thing to do is get it adopted to let them start working with it. Mr. Minch moved to adopt Ord. 1756 on first reading. Mr. Holmes seconded motion. Mr. Hartwell moved to table. Motion died for lack of a second. The Mayor called for the vote on the motion to adopt Ord. 1756 on first reading and it failed for lack of a majority vote with Holmes, Reeves, and Minich in favor and Hartwell opposed ( Miller, Garvie, and Pullen absent).  Regular Council 1 1: 164 PUBLIC HEARING —ORD. 1761: AMENDING FLUM FROM REC TO MDR —28 METHODIST The City Attorney read the ordinance by title and confirmed all notice provisions have been satisfied. 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. Samantha Abell, Sr. Planner explained the request for a small scale amendment to the Future Land Use Map FLUM) to re- designate the 2. 7 acre parcel located at 28 Methodist Avenue from REC Recreational to MDR Medium Density Residential. She said the request is to accommodate the development plan of the Fort Walton Beach Housing Authority, the property owner, in partnership with HomeCorp, Inc. the developer. She explained the request will require a subsequent rezoning request to change the subject property and the surrounding 10. 7 acres from Medium Density Residential to a Planned Unit Development (PUD). She said the FLUM does not have a designation for PUD since each PUD is unique, so the FLUM designation of Medium Density Residential is the appropriate designation as it allows the use and density proposed within this PUD. She went over the process of amending the FLUM of the Comprehensive Plan for a small scale amendment and staff recommends approval. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Reeves moved to adopt Ord. 1761 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and Pullen absent). PUBLIC HEARING: ORD. 1767: AMENDING FIREFIGHTERS PENSION TRUST FUND The City Attorney read the ordinance by title. 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 explained the amendment follows the Collective Bargaining Agreement the City entered into with the Firefighters' Union in March. He mentioned the potential salary savings for the early retirement incentive is estimated at $ 145, 000. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1767 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and Pullen absent). PUBLIC HEARING —ORD. 1768: STORMWATER MANAGEMENT PROGRAM The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; ADDING A NEW CHAPTER 10. 521 ENTITLED " STORMWATER MANAGEMENT UTILITY" TO THE CODE OF ORDINANCES; MAKING FINDINGS OF FACTS AND PURPOSE; AUTHORIZING A STORMWATER MANAGEMENT PROGRAM; ESTABLISHING REGULATIONS FOR CONTRIBUTIONS OF STORMWATER RUNOFF; AUTHORIZING ESTABLISHMENT OF STORMWATER UTILITY USER FEES AND COLLECTIONS; AUTHORIZING CERTAIN PROPERTY OWNERS TO REFUSE SERVICE; AUTHORIZING ESTABLISHMENT OF CERTAIN CREDITS FOR MITIGATION; PROVIDING FOR PENALTIES; RESOLVING CONFLICTING PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Regular Council 6 -10 -08 165 PUBLIC HEARING —ORD. 1768: STORMWATER MANAGEMENT PROGRAM cont. John Hofstad, Utilities Director, recapped the City has been attempting to address the stormwater needs since 2001 time frame and mentioned there is on the horizon a very significant unfunded mandate passed down from the Federal government and the State government. He said the implications of that mandate are far reaching and will be a significant cost to the City in years to come. He mentioned there are mechanisms in the ordinance to allow mitigation credits to property owners that if they take certain measures the City can reduce the monthly fee. He said the ERU fee has not been established and will be brought to Council through a separate resolution. He noted there are significant budget implications in the upcoming year associated with the program with the elimination of a section of a division in the General Fund that will be moved into Utilities as a separate Enterprise Fund and there is no increase in personnel anticipated. The Mayor opened the public hearing. Laura Melendez, 12 Viking Drive, commented some townhomes have homeowner associations that mandate what can and cannot be done and questioned how they could receive mitigation credits if it is not allowed by the homeowners association and suggested if they are going to add something that cannot be mitigated by some communities that they give something else in return. As no one further wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1768 on first reading. Mr. Hartwell seconded motion and it failed for lack of a majority with Holmes, Hartwell, and Minich in favor and Reeves opposed ( Miller, Garvie, and Pullen absent). PUBLIC HEARING —ORD. 1764: LAND DEVELOPMENT CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 12. 73, ENTITLED " MISCELLANEOUS PROVISIONS" OF THE CITY' S LAND DEVELOPMENT CODE, BY CREATING ARTICLE 12. 743, ENTITLED " DOG FRIENDLY DINING "; BY 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 IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR PORTIONS OF SUCH ESTABLISHMENTS; PROVIDING FOR IMPLEMENTATION AND ENFORCEMENT PROCEDURES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Samantha Abell, Senior Planner went over the request from Jenna Caldwell and Brian Burger, owners of Tijuana Flats restaurant and PAWS that the City sponsor an amendment to the Land Development Code to allow patron' s dogs within certain outdoor areas of restaurants. She reviewed the background on the pilot program, went over the process for amendments to the Land Development Code, and reported the Municipal 5th Planning Board considered the Ordinance at their meeting on June and recommended approval. In response to the question on how long the pilot program will be in effect the City Attorney replied it stands to be repealed in three years and if the legislature repeals the provision the City will have to repeal the ordinance and if the legislature does not repeal it, the City will still have to review it. The Mayor opened the floor for public comment. Jenna Caldwell, 39 Eglin Parkway, owner of Tijuana Flats, requested Council approve the " Yappy Hour Act ". Questions were asked on the number of dogs allowed per patron, if the statute only allowed dogs, and if any consideration was given for other animals. Ms. Abell believed there is no limit on the number of dogs per patron, said the program only allows dogs and there is no consideration for other animals in the ordinance.  Regular Council 6 -10 -08 166 PUBLIC HEARING —ORD. 1764: LAND DEVELOPMENT CODE The Mayor opened the public hearing. Laura Melendez, 12 Viking Drive, voiced her support of the ordinance. As no one else wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1764 on first reading. Mr. Reeves seconded motion. There was a question on the status of the dog park. The City Manager stated it has not moved forward because there is no funding and it will be a future capital project. The Mayor called for the vote on the motion to adopt Ord. 1764 on first reading and it failed for lack of a majority with Holmes, Reeves, and Minich in favor and Hartwell opposed ( Miller, Garvie, and Pullen absent). FUTURE AGENDA ITEMS h The City Manager mentioned Council rescheduled the workshop on the golf club issues from June 10` to another h date and suggested Council hold the workshop on Golf Course Financial Matters on Tuesday, June 17` at 5: 30 in place of the Charter Review Workshop scheduled for that date. She noted that the golf course ls` rate increases scheduled to be implemented June have been delayed. There was consensus h