Fort Walton Beach Council agenda — 09-09-08 regular agenda — reading text

8/ 26/ 08 ORD. 1769 ( CONT) The City Attorney suggested discretion to conduct the closing at the most appropriate time for the developer, or to delay the closing since the key in the transfer of the property is the closing and not when the ordinance becomes effective. Ms. McKim advised there are three actions that still need to occur, including amending the FLUM from recreation to MDR; to rezone the property to Planned Unit Development ( PUD); and to approve a resolution to vacate the plat, and in order to rezone the property the applicant needs to be the owner of the property. Ms. McKim continued the City is attempting to meet the applicant' s deadline of November so he can receive his tax credit. The City Attorney clarified that the transfer of the property is what transfers title to the property, not the effective date of the ordinance. She reiterated her suggestion to delay closing until it is an appropriate time, which means the Mayor would not execute the deed and there would not be a legal transfer of the property, but having the ordinance effective now simply authorizes the transfer. Ms. McKim concurred with the City Attorney and removed her request. The Mayor opened the public hearing. Lloyd Strickland representing Home Corp, the developer for Sound Side, noted that time is of the essence as the pricing on his tax credits is dropping because of the financial markets, and advised the Housing Authority is in the process of relocating their residents and in about 90 days funding from HUD will be gone. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1769 on second reading, authorizing and directing closing by the Mayor and City Clerk at their discretion. Mr. Garvie seconded motion and it carried unanimously with Holmes, Garvie, Pullen, Hartwell, and Minich in favor ( Miller and Reeves absent). ORD. 1766, DEMOLITION OF HISTORIC SITE OR STRUCTURE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO APPLICATION FOR DEMOLITION OF A HISTORIC SITE OR STRUCTURE; ADOPTING ADDITIONAL PROVISIONS FOR PRESERVING ELEMENTS OF A SITE OR STRUCTURE; RESOLVING CONFLICTS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Ms. Abell advised the City Attorney drafted Ord. 1766 amending Section 12. 100. 06, Procedures for Application for Demolition, in order to reflect changes made to the demolition application for structures 50 years or older. Ms. Abell explained the City has recently seen an increase in the applications to demolish structures more than 50 years old, and that applicants and Staff have discovered that the application contains ambiguity that necessitates clarifying language for conditions of demolition approval. The Historic Sites and Structures Advisory Board recommended approval of this ordinance, and forwarded it to the Municipal Planning Board who recommended it be forwarded to Council for their consideration. 256 Regular Council 8/ 26/ 08 ORD. 1766 ( CONT) Laura Bessinger- Morse, Museum Director and Staff liaison to the Historic Sites and Structures Advisory Board, explained that a recent demolition brought to light the need for criteria to consider to approve an application with the condition that elements of the structure, such as ornaments, fixtures, and similar items of historical significance be salvaged, preserved, and offered for reuse to third parties or in the restoration of other historic properties. Council questioned the enforceability of this proposed ordinance. Ms. Morse explained that the site' s inventory is inspected and the quality and value is determined based on craftsmanship and other aspects. Council received clarification that the City would be required to do a survey before a request to demolish is granted, and that it would depend on a case by case basis on who would be responsible for extracting the contents from the structure. Ms. Morse stressed that a request to demolish cannot be turned down; however, a demolition can be approved under a condition to request to preserve certain elements of the structure before it is demolished. She also explained that there is a 90 -day delay in the demolition process if there is a determination made that action be taken on the property. Ms. Morse continued it is not the Board' s desire to create any type of hardship for property owners; rather, they will have the ability to find some answers or relocate a structure so some element can be preserved, and cited the loss of the Summerhouse as an example. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Garvie moved to approve Ord. 1766 on first reading. Dr. Pullen seconded motion. Discussion included the fact that historical heritage should be preserved; however, Council expressed concern that another layer of government is being added by taking personal property away from individuals and by delaying the process. Mr. Minich suggested the ordinance be tabled until the next meeting to gather more information and when more of Council is present. Mr. Minich moved to table Ord. 1766 until the September 9 meeting. Dr. Pullen seconded motion and it carried by a vote of 4 to 1 with Holmes, Garvie, Pullen, and Minich in favor and Hartwell opposed ( Miller and Reeves absent). The City Manager received clarification that when the item is removed from the table discussion will continue and the motion that was made and seconded will apply. REGULAR AGENDA —FUTURE AGENDA ITEMS The City Manager advised that the update on traffic enforcement procedures will be at a date to be determined, and the review of the Charter will continue at a workshop meeting on Tuesday, 16th. September The workshop on the Protocol Guide will be delayed until Councilman Miller returns to a date to be determined. RES. 08 -34, AMEND COMPREHENSIVE FEE SCHEDULE /UTILITIES The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE FEE SCHEDULE OF THE CITY FOR THE UTILITIES DEPARTMENT BY ADDING A FEE FOR STORMWATER MANAGEMENT UTILITY SERVICES; AND SETTING AN EFFECTIVE DATE.  257 Regular Council 8/ 26/ 08 RES. 08 -34 ( CONT) Mr. Hofstad advised the rate being considered for the stormwater utility $ 3. 00 per Equivalent Residential Unit ( ERU). Mr. Hofstad explained that each residential parcel is equivalent to one ERU, and non -residential parcel fees are assessed fees equivalent to the number of ERUs based on the size of a property' s impervious area. Mr. Hofstad advised that the rate will not go up unless another study has to be done. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Garvie moved to adopt Res. 08 -34. Mr. Holmes seconded motion and it carried by a vote of 4 to 1 with Holmes, Garvie, Hartwell, and Minich in favor and Pullen opposed Miller and Reeves absent). RES. 08 -35, STREETSCAPE GRANT PROGRAM The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA; MODIFYING THE MATCHING STREETSCAPE GRANT PROGRAM TO AUTHORIZE APPLICATION REVIEW AND GRANT AWARD UP TO $ 5, 000 BY THE COMMUNITY DEVELOPMENT SERVICES DIRECTOR; AND PROVIDING AN EFFECTIVE DATE. Ms. McKim advised that the Matching Streetscape Grant is being modified to allow an incentive for property owners in the downtown district to partner with the City to make improvements to the sidewalk. She explained that property owners will be encouraged to install decorative pavers from the rights of way to the building and entrances in order to compliment the streetscape improvements previously approved by Council. Council received clarification that work in the downtown area will begin in October and be complete in May of 2009, and that anything over $ 5, 000 will come before Council. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Holmes moved to adopt Res. 08 -35. Mr. Garvie seconded motion and it carried Miller and unanimously with Holmes, Garvie, Pullen, Hartwell, and Minich in favor ( Reeves absent). RES. 08 -33, PURCHASE OF COMPACT UTILITY LOADER The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY FOR URBAN AND COMMUNITY FORESTRY GRANT; AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT DOCUMENTS; AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. Jeff Peters, Parks and Recreation Director, advised the compact utility loader will be used in various parks and recreation projects and daily and weekly maintenance. The Mayor opened the public hearing. As there was none, the public hearing was closed. 258 Regular Council 8/ 26/ 08 RES. 08 -33 ( CONT) Mr. Minich moved to adopt Res. 08 -33. Mr. Holmes seconded motion and it carried unanimously with Holmes, Garvie, Pullen, Hartwell, and Minich in favor ( Miller and Reeves absent). LEGISLATIVE PRIORITIES FOR 2009 Consideration of establishing City of Fort Walton Beach Legislative Priorities for the 2009 State Legislative Session. Discussion included the status of last year's projects and the reasoning for this year's proposed projects. Mr. Garvie moved to forward the following three priorities to the Northwest Florida League -of Cities for the 2009 Legislative Session: 1) Water Quality Initiatives, including stormwater issues; 2) Alternate Water Sources; and 3) Transportation funding. Mr. Holmes seconded motion and it carried unanimously with ' Holmes, Garvie, Pullen, Hartwell, and Minich in favor (Miller and Reeves absent). ELIMINATION OF REGULARLY SCHEDULED COUNCIL WORKSHOP MEETINGS Consideration of elimination of the regularly scheduled City Council workshops. Mr. Minich advised he did not believe that mandatory workshop meetings are needed; that if a subject of discussion is needed from a separate Council meeting a workshop can be called. Dr. Pullen stated that workshops are more informal than a regular Council meeting, and at first they were well attended but lately the public has not been as active. Discussion also ensued regarding whether the Council meeting could begin earlier than 7 pm. The City Attorney advised she would have to research whether the time of meetings is stated in the Charter or whether it is an ordinance. Mr. Minich moved to eliminate the regularly scheduled City Council Workshop meetings. Mr. Holmes seconded motion and it carried unanimously with Holmes, Garvie, Pullen, Hartwell, and Minich in favor (Miller and Reeves absent). CODE ENFORCEMENT BOARD