AGENDA COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING JULY 25,2016 ANNEX COUNCIL CHAMBERS 5:30PM PUBLIC OPPORTUNITY TO SPEAK ON CRA BOARD PROPOSITIONS

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1 AGENDA COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING JULY 25,2016 ANNEX COUNCIL CHAMBERS 5:30PM **Core Value of the Month- Trust/ Honesty I Integrity** CALL TO ORDER APPROVAL OF MINUTES 1. Request approval of minutes of June 20, 2016 CRA Board meeting PUBLIC OPPORTUNITY TO SPEAK ON CRA BOARD PROPOSITIONS NEW BUSINESS 2. Harbor CRA Advisory Committee recommendations OTHER BUSINESS ADJOURN: Persons with disabilities who require assistance to participate in City meetings are requested to notify the City Clerk' s Office at (850) in advance. Hearing Impaired: TTY: 711. Assistance also available through Human Resources, Title VI Coordinator, at (850) Personas con discapacidades que necesitan asistencia o personas que necesiten ayuda con un idioma para participar en las reuniones de la ciudad, debenin notificar la oficina de la Secretaria Municipal al (850) antes de la reunion. Discapacidad auditiva: TTY: 711 (Solicitar Espanol CA ). La ayuda tam bien esta disponible por Recursos Humanos, Coordinador del Titulo VI, al (850)

2 MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS MEETING JUNE 20,2016 ANNEX COUNCIL CHAMBERS 5:30PM The Community Redevelopment Agency met m a special session with the following members and staff present: Destin Community Redevelopment Agency Boardmember Chatham Morgan Boardmember Cyron Marler Boardmember Tuffy Dixon Boadmember Rodney Braden City of Destin Staff CRA Executive Director Carisse LeJeune CRA/Development Manager Steven Schmidt Public Information Manager Doug Rainer HR Manager Karen Jankowski Land Use Attorney Scott Shirley Boardmember Parker Destin Boardmember Jim Foreman Boardmember Prebble Ramswell City Clerk Rey Bailey IT Manager Webb Warren Finance Director Bragg Farmer City Attorney Jerry Miller CALL TO ORDER, INVOCATION AND PLEDGE OF ALLEGIANCE The City Attorney called the meeting to order at 5:30p.m. on June 20, 2016 for the purpose of taking nominations for the CRA Board Chairperson. ELECTION OF CHAIR AND VICE-CHAIR Boardmember Parker Destin was unanimously appointed as Chairman of the CRA Board (Board members Morgan, Destin, Marler, Foreman, Dixon, Ramswell and Braden voted ''yes"). Boardmember Ramswell was unanimously appointed as Vice-Chair of the CRA Board (Board members Morgan, Destin, Marler, Foreman, Dixon, Ramswell and Braden voted "yes"). APPROVAL OF MINUTES 1. Request approval of minutes of March 7, 2016 CRA Board meeting Motion by Boardmember Marler, seconded by Boardmember Dixon, to approve minutes of March 7, 2016 CRA Board meeting passed 7-0 (Board members Morgan, Destin, Marler, Foreman, Dixon, Ramswell and Braden voted ''yes"). Page I of 5

3 PUBLIC OPPORTUNITY TO SPEAK ON CRA BOARD PROPOSITIONS Ms. Leigh Moore, representing Howard Group, addressed the proposed ordinance defining the boundaries of South Harbor Festive Marketplace. She stated this issue first came up because of a concern about people carrying open containers of alcohol and pulling coolers behind them along the sidewalk alongside US Hwy 98. She continued this scene did not necessarily present a family-friendly image; and that it was also a safety concern because the sidewalk was next to a very busy high speed roadway. She added they believe the proposed change is a good one and it would keep the activity down toward the south harbor where it was initially intended. NEW BUSINESS: 2. Harbor CRA Advisory Committee recommendations. At this time, Mr. Mike Buckingham, Chairman of the Harbor CRA Advisory Committee, came forward to present the committee's recommendations. He first addressed the committee's recommendation to take the necessary steps to secure Captain Royal Melvin Park and Plaza and not allow parking there during the ongoing negotiations between the City and the adjoining property owner. He stated that the vote was 4-0; and that he had to abstain from voting because he had some involvement with one of the property owners there at one time. He continued it was brought up during the discussion the pedestrian crosswalk was due for completion in May 2016, which would make it easier and safer for people to park on the south side of the road and then cross the street to the north side. They later learned the crosswalk would not be completed until mid-july this year. Boardmember Ramswell requested an update on the estimated date of completion for the pedestrian crosswalks. The Executive Director stated that FDOT expects to get all the pedestrian crossings installed by the end of July this year; adding that staff will verify this information. Boardmember Ramswell asked if the committee still recommends shutting down parking on the park property given the information pedestrian crosswalks will not be completed until late July. Mr. Buckingham stated since the committee's meeting occurred in May, he does not feel comfortable speaking for the committee on this issue; however, he would prefer waiting at least until the pedestrian crosswalk becomes operational before shutting down parking at the park property to make it safer for people to cross the road and avoid any liability on the part of the City. Boardmember Ramswell suggests the committee meet and discuss this issue again since the target completion date for the pedestrian crosswalk has changed. Page2 of 5

4 The Land Use Attorney suggests allowing the CRA Development Manager Steve Schmidt summarize the rest of the committee's recommendations since Mr. Buckingham did not have the benefit of having the agenda item. Boardmember Ramswell stated that the chairman of each committee should receive a copy of the agenda packet for the CRA Board meeting or Council meeting so they can prepare in advance if they need to speak. Mr. Schmidt explained they were late in sending a copy of the agenda to Mr. Buckingham as there was some confusion on whether or not he would actually make the presentation; adding that quite often either the staff or the City Manager is prepared to make the presentation. Boardmember Morgan inquired as to the logic behind fencing off the northern end of the park and leaving the blacktop on the southern end opened. Mr. Schmidt explained that some members of the committee believe the park has been used for overflow parking for too long and they wanted to stop the overflow parking while the issue was in mediation. He noted there was a 4-0 vote to recommend closing off the park but leaving the existing access open until the issue with the adjoining property owner had been adjudicated. Boardmember Ramswell noted the minutes of the committee's meeting did not mention anything about putting up a fence. According to Mr. Schmidt, the exact motion was to secure the park for pedestrian traffic only and allow the blacktop driveway to still be used until the project breaks ground; and not allow it to be used for overflow parking. Boardmember Morgan asked for some clarifications regarding the blacktop driveway. Mr. Schmidt stated it was for the existing driveway that leads to the parking down below; adding he did not hear specific recommendations for the lower lot. It was more geared toward the upper portion of the property. Boardmember Dixon moved to continue discussion of this item to a later date, and to consider the other three recommendations; seconded by Boardmember Ramswell. Motion passed 6-0 (Board members Morgan, Marler, Foreman, Dixon, Ramswell and Braden voted "yes"; Boardmember Destin abstained from voting). Boardmember Destin explained he abstained from voting on the motion because of his connection to the park issue. The Land Use Attorney presented the Harbor CRA Advisory Committee's recommendation to place a 6-month moratorium on food truck and trailer vendor permits to allow the committee time to modify the criteria for permits, while still allowing processing of Page 3 of 5

5 special event requests. He explained that the City has had an issue with food trucks and other mobile vending type of services operating on the harbor. They have had some difficulty distinguishing between a kiosk, which is a semi-permanent structure, and a mobile vending service, which is on wheels and capable of being moved. Under the FEMA flood regulations, they are allowed to have the movable vending, but they are not allowed to have the kiosk below base flood elevation. He continued either there had been an actual confusion on what constitute a mobile vending unit versus what constitute a kiosk; or those who wanted to install the kiosk were pretending to be confused and claiming they think it is legal. He also stated they have a proliferation of potentially unlawful uses on the harbor. There is a new State rule that regulates mobile food vendors that requires those that do not have a full complement of support services within the self-contained unit to be moved to a commissary every day; while those with full complement of support services can remain on the location. The Land Use Attorney also noted he has not had the opportunity to adequately evaluate the need for a moratorium under certain circumstances. He continued it is used quite often by local governments; and that this may be the area where they may have to use it simply because of the possibility of violating FEMA flood regulations. This would have implications on the City's participation in the federal flood insurance program as several thousand property owners in the City would not be able to obtain federal flood insurance. He suggests allowing him and staff to evaluate this issue more closely and bring it back for a recommendation. Boardmember Marler noted there were some kiosks that were grandfathered in when they completed the boardwalk; and that a few years ago the City defined what is allowable and not allowable. Mr. Schmidt stated that the City passed an ordinance for portable buildings; which clearly describes the difference between a kiosk and a portable building. He continued one of the biggest questions that have come up with regards to this issue was the definition of food trucks. The City is not as well versed on food trucks as they are with portable buildings or trailers; adding that food trucks have specific regulations with regards to storage tanks among other things. Boardmember Foreman asked if these are licensed vehicles. The Land Use Attorney replied they are required to have more than one license - a vehicle license, a license from the Division of Restaurants and with the Department of Business and Professional Regulations. Boardmember Marler moved to continue discussion of this item to a later date; seconded by Boardmember Foreman. Motion passed 7-0 (Board members Morgan, Destin, Marler, Foreman, Dixon, Ramswell and Braden voted "yes"). Next, the Land Use Attorney presented the Harbor CRA Advisory Committee's recommendation for the Council to approve Ordinance LC, the redefinition/clarification of the description of the boundary of the South Harbor Festive Marketplace. He stated that the Okaloosa County Sheriffs Department who does the open container law enforcement for the Page4 of 5

6 City has had some difficulty with properly enforcing the open container standard on the harbor because they could not tell the exact festive marketplace boundary from the current ordinance. According to Boardmember Ramswell, what she remembers from previous conversations about this issue was the Sheriffs Department was not empowered to make any arrests when people violate the open container standard. There was also a concern about people pulling coolers and drinking alcohol beverages while walking on the sidewalk along a very crowded and dangerous highway. She added it was not only an image issue but a safety issue. She also added the festive marketplace was originally designed to allow people to walk from one venue to another or to go to the harbor with an open container; and not while walking on the sidewalk and crossing Hwy 98. She recommends changing the language in the ordinance from the area south of the roadway to the area south of the right-of-way, which would then include the sidewalk. The Land Use Attorney stated that the Sheriffs Department needs to know the exact boundary line and when a person is in violation of the law; adding they do not necessarily know the edge of the right-of-way in all instances as it may vary in some cases. The survey line would not necessarily coincide with the edge of the sidewalk or coincide perfectly with every structure or every piece ofhardscape alongside the road. Boardmember Dixon noted this meeting is only scheduled for 30 minutes, which is not nearly enough to discuss and consider all the items on the agenda. He recommends continuing all the items to a later date when they can have more time to make a decision and convening the City Council meeting which is scheduled next. After a brief discussion, Boardmember Dixon moved to schedule another CRA Board meeting and continue all discussion items to July 25, 2016 starting at 5:30PM; seconded by Boardmember Foreman. Motion passed 7-0 (Board members Morgan, Destin, Marler, Foreman, Dixon, Ramswell and Braden voted "yes"). ADJOURNMENT: Having no further business at this time, the meeting was adjourned at 6:05PM. ADOPTED TIDS 25TH DAY OF JULY 2016 By: ATTEST: Parker Destin, Chairman Rey Bailey, City Clerk Page 5 of 5

7 ITEM 2 CITY OF DESTIN AGENDA ITEM CRA MEETING DATE: July 25, 2016 TYPE OF AGENDA ITEM: Staff Report and Recommendations TO: THRU: FROM: DATE: SUBJECT: Community Redevelopment Agency Board ~fd1 irfctors CRA Executive Director/Carisse LeJeune ~ Acting Community Development Director/R. Ashley Grana.t;..-- Interim Community Developm~nt Director/Steven R. Schmid~&, jf!j 6( Planner/Hank Woollard, AICP ~hi If/'-"" July 20, 2016 Harbor CRA Advisory Committee recommendations from May 11, 2016, and July 13, I. BACKGROUND: At its regular May 11, 2016 meeting, the Harbor CRA Advisory Committee (H-CRAAC) made several recommendations for consideration by the City Council/CRA Board. Those recommendations summarized below, were reviewed by the CRA Board on June 20, The CRA Board determined that it did not have time on June 20 to adequately consider the recommendations and scheduled a special meeting for July 25, The H-CRAAC met again on Wednesday, July 13, 2016 and further refined its recommendations to the CRA Board. The recommendations are fully detailed in the minutes of the July 13 meeting and are also summarized below. II. DISCUSSION: H-CRAAC recommendations from May 11, 2016: 1. H-CRAAC voted unanimously to recommend to the CRA Board that a 6-month moratorium be placed on food truck and trailer vendor permits to allow the Harbor CRA-AC time to modify the criteria for permits, while still allowing processing of special event requests. Staff analysis/comments: Please refer to the H-CRAAC Agenda Item attached as Exhibit "A," and the minutes of the meeting attached as Exhibit "B." The Committee wished to consider the item further before making a recommendation, and wishes to suspend issuance of permits to allow time to potentially modify the criteria for permitted vendors. Please refer the minutes of the July 13, 2016 H-CRAAC for the fmal recommendations. 2. The H-CRAAC voted unanimously to recommend the CRA Board approve the adoption of Ordinance LC, the redefmition/clarification of the description of the boundary of the South Harbor Festive Marketplace. Page 1 of3

8 ITEM Staff analysis/comments: Please refer to the H-CRAAC minutes of May 11 (refer to Exhibit "B"), and the H-CRAAC Agenda Item attached as Exhibit "C." The H-CRAAC adopted the recommendations for the Festive Marketplace boundary as proposed by staff with input from the City's Land Use Attorney and from the Sheriffs Office. 3. The H-CRAAC voted unanimously to recommend the CRA Board petition FDOT to reduce the speed limit in the Harbor District to 25 mph. Staff analysis/comments: This desire to lower the speed limit along Harbor Blvd, which is within the Harbor CRA, was researched by FDOT at the request of City Council in The specific study looked at US 98 from the Marler Bridge (East Pass Bridge) to Beach Drive. The resulting recommendation by FDOT's consultant was to retain the posted speed limit of 35 mph, but to work to implement the extensive recommendations as outlined in the fmalized Safety Assessment Report of December, Three Mid-block, pedestrian activated signalized crosswalks were recently installed on Harbor Boulevard. 4. The H-CRAAC voted 4-0, with one abstention, to recommend the CRA Board support, or take steps to secure Captain Royal Melvin Park and Plaza for pedestrian traffic only (not for parking); and to beautify the park property, while allowing the existing blacktop driveway to be used until the park project breaks ground. Staff analysis/comments: This matter was addressed by the City Council on July 18, A. Link to Strategic Goals /Objectives: IC. Analyze, measure, and tmprove key processes to enhance service excellence. B. Effect on Budget (EOB): The Committee recommendations have no direct effect on the budget. C. Level of Service (LOS): None anticipated. H-CRAAC recommendations to the CRA Board from July 13, 2016 (refer to Exhibit "D" minutes for discussion on specific items) Committee member Best made the motion for the Chairman to attend the CRA Board on July 25th and present the following concerns and recommendations regarding Pontoon and Jet Ski businesses: The enforcement of the current parking requirements Take under advisement the medallion plan for every livery vessel with a business tax receipt and the medallions to be able to be removable in order to transfer to another vessel when replacement is necessary. The motion passes 6-0 with Committee member Rairn providing the second. Committee member Best moved to simply require the current parking requirements in the Code be enforced. Committee member Rairn provided the second to the (amended) motion and the motion passed with a 6-0 vote. Page 2 of3

9 ITEM --- Committee member Best made the motion to recommend to the CRA Board to adopt a $5.00 a day surcharge per boat/jet Ski to be assessed so that the City can hire Code Enforcement to enforce the Codes. Committee member Raim provided the second for sake of discussion. In discussion, the members decided that the motion should be amended to $ per year vessel for each medallion per year to fund Code Enforcement for the Harbor District. The motion passes with a 6-0 vote with Committee member Best agreeing to the amendment and Committee member Raim providing the second to the amendment. Committee member Green made the motion to recommend the CRA Board to adopt new ordinances that have shorter timeline for correction of violations and stiffer penalties for habitual offences in reference to all businesses in the Harbor District. Committee member Best provided the second. The motion passes 6-0. Motion by Committee Green, seconded by Committee member Jones; the members voted 6-0 to recommend that the CRA Board expedite the lowering of the speed limit to 25 mph on Highway 98 in the Harbor District. ill. RECOMMENDATION: Forward the Harbor CRA Advisory Committee recommendations from May 11 and July 13, 2016 to the City Council. Direct staff to review recommendations from the July 13, 2016 H-CRAAC meeting regarding boat rentals, small vendors, and parking; and provide to the City Council an analysis of the administrative feasibility and legality of the proposed actions. IV. RECOMMENDED MOTION: "I move, the CRA Board accept the recommendations of the Harbor CRA Advisory Committee and forward the following recommendations to the City Council: 1. Adopt a 6 month moratorium on new permits for food trucks and trailers and direct staff to research and develop appropriate regulatory standards for these uses to be incorporated into the Land Development Code. The moratorium shall not apply to those covered under a general special event permit such as the Seafood Festival or the Arts Festival. 2. Direct staff to proceed with the adoption process for Ordinance LC. 3. Authorize the Chair to write a letter to FDOT seeking the Harbor District speed limit reduction to 25 mph." 4. Direct staff to erect fencing or take steps to secure Captain Royal Melvin Park and Plaza for pedestrian traffic only (not for parking); and to beautify the park property, while allowing the existing blacktop driveway to be used until the park project breaks ground." 5. Direct staff to evaluate the administrative feasibility and legality of proposed actions regarding the additional regulation of rental vessels, enforcement of business tax receipts, and parking regulations and report back to the City Council. Exhibits: A. H CRAAC Agenda Item pertaining to Kiosks, Portable Buildings, and Food Trucks/Trailers B. H CRAAC Minutes ofmay 11, 2016 C. H CRAAC Agenda Item pertaining to the boundaries of the "Harbor Festive Market Place" D. H CRAAC Minutes of July 13, 2016 Page 3 of3

10 EXHIBIT "A" ITEM# CITY OF DESTIN AGENDA ITEM HARBOR CRAAC MEETING DATE: April13, 2016 TYPE OF AGENDA ITEM: Staff Report & Recommendation TO: Harbor CRA A~visory Committee THROUGH: CRA Executive Director, Greg Kisela City Land Use Attorney, Scott Shirley. Interim Commwlity Development Director, Steve Schmidty~ Planning Manager, Ashley Grana ~, / FROM: Planner, Hank Woollard. Al-e;-? DATE: April 6, 2016.J 1{/ SUBJECT: Kiosks, Portable Buildings, and Food Trucksfl'railers I. BACKGROUND: The CRA Board requested a comprehensive staff report identifying restrictions for kiosks, portable buildings, and mobile vending vehicles. The City Council also approved a motion by Councilmember Braden to provide the City Council with a staff report on this issue. Review and a recommendation by the Harbor CRA Advisory Committee are requested. For the purposes of this discussion, the following definitions are provided: Kiosk (Source: A Planner's Dictionary, American Plannin& Association 2004.) A freestanding structure upon which temporary information and/or posters, notices, and announcements are posted, or a freestanding building with one or more open sides from which commercial activities are conducted (refer to Exhibit "A''). Portable building (Source: LDC, Article 11, Section ) A structure fully licensed and ready for highway usc and must be on wheels at all times, attached to a quick disconnect utility hook-up, and having no permanently attached additions (refer to Exhibit "B''). A quick disconnect utility hook-up means an electrical, water, sewer, gas, or other utility connection which can be discorutected by hand in less than five minutes. Portable buildings as defmed herein are exempt from all provisions of Section , Flood Damage Prevention. MobUe Vending (Food truckltrauer)(source: LDC, Article 3, Section ) A transportable retail or food service business that does not have a permanent/fixed location (refer to Exhibit "C"). Kiosks are no longer permitted in flood plain areas unless they are elevated to be above the base flood elevation, which in most cases is impractical. "Portable buildings.. were created as a means of accomplishing the purpose of a kiosk in the flood plain without jeopardizing the City's flood rating Page 1 of4

11 ITEM# and to provide a more practical option for small commercial uses to exist along the Harbor Boardwalk and other areas of the city in flood zones as long as they meet specific design and regulatory standards. Kiosks and Portable buildings have been treated as accessory structures and uses that are incidental to the primary use on a property. During the creation of the portable building standards, the Harbor CRA Advisory Committee expressed a desire to avoid the proliferation of food trucks and trailers along the Harbor Boardwalk. This did not result in a prohibition of food trucks and trailers, but it did result in a set of council adopted design standards for portable buildings as follows: A. Concealed wheels and tires (via skirting, retractable wheels, or wheel trenches). B. Concealed or removable trailer hitch. Removable trailer hitches must be removed and stowed with the portable building. C. Metal roofs (hip, gable, bonnet, or shed style with an overall roof pitch of no less than 4' and 12'). ( ) Note: In August 2015, the Harbor CRA Advisory Committee and the CRA Board recommended that thatched roofs be added as an approved roof material. D. Horizontal Lap siding. E. Vertical board on board; or board and batten siding. F. Maximum size of200 Square feet of gross floor area. G. Shutters when building is equipped with windows. H. Awnings are allowable. I. Signage painted on or otherwise attached to the building, Maximwn of 15% of any fayade and no signs projecting above the peak of the roof. J. Service windows must be customer accessible, with sills between forty two inches (42'') and fifty two inches (52") above the surface upon which the portable building is parked. ( ) All existing portable buildings constructed or placed within the City of Destin subsequent to the adoption of the design standards (March 3, 2014) shall come into compliance with the design standards within three years (by March 3, 2017). Mobile vending (Food trucks and/or trailers) and Kiosks are currently exempt from the design standards applied to portable buildings. Mobile vending may be permitted only on private property. The Land Development Code provides for mobile vending to be allowed on private property only as a change of use. This requires a certain level of development review/permitting depending on each proposed location and impact to the site. The use of public or private rights-cf-way for mobile vending is prohibited (one exemption is a grandfathered ice cream business). The matrix/chronology on the following page provides some background and differentiation between the types of uses. Page 2 of4

12 ITEM# CHRONOLOGY KIOSK PORTABLE MOBILE VENDING BUILDING (FOOD TRUCK I TRAaER) Prior to 2010 A few smatl ticket Not defined nor Defined and regulated. booths, Charter Boat regulated booking booths along the harbor Kiosks begin to Not defmed nor Defined and regulated. proliferate in parking regulated spaces along the Harbor Boardwalk - particularly at AJ's and Olin Marler's properties More and more Kiosks First defined in LDC Defmed and regulated. appearing Permitting of Kiosks in Food trailers begin to Food trailer's treated as the floodplain stops appear and are portable buildings. due to new FEMA permitted under the Food trucks treated as standards requiring all portable building ''vending" or ''vendors" types of habitable provisions. similar to Beach space in the floodplain Vendors and per to be elevated above Base Flood Elevation 2013 Kiosks still allowed Harbor CRA AC Food truck applications when not in flood expresses concerns continue (design hazard areas about the appearance of standards do not apply) portable buildings and votes for design standards 2014 Design standards added Food truck applications to we continue More design standards (design standards do added to LDC not apply) 2015 New portable buildings Food truck applications that comply with design continue standards are permitted (design standards do along Boardwalk. not apply) 2016 New portable buildings Food truck applications that comply with design continue standards are permitted (design standards do along Boardwalk. not apply) 2017 March 7, All non~nforming portable buildings must comply with the architectural standards Page 3 of4

13 ITEM# II. DISCUSSION: Kiosks are an allowable use when they are not located within a flood plain. Portable buildings are to be used as a substitute for kiosks in flood plain areas, such as the area along the Harbor Boardwalk and in the Calhoun Mixed Use waterfront. Portable buildings must comply with architectural design standards. These standards were adopted to help preserve the historic character of the Destin Harbor. Food trucks/trailers are subject to a different set of standards and are allowed based on a certain level of development review/pennitting depending on each proposed location and impact to the site. Another issue is whether it is fair for a local government to allow the operation of food trucks/trailers in near proximity to established restaurants which must meet a much higher standard of permitting and regulation. The Harbor CRA Advisory Committee recommended that the City Council adopt architectural design standards for portable buildings to help preserve the historic character of the Destin Harbor. The Council adopted the architectural design standards. However, no such standards apply to food trucks/trailers. Community Development staff are experiencing an increasing number of walk-in and telephone inquiries from people who are interested in operating more food truck/trailers along the Harbor front and in other parts of Destin. Currently, the City does not have any regulations adopted to regulate their appearance. A. Liok. to Strategic Goals /Objectives: Goal 2-World Class Beach and Fishing Objective lal-b011rdwa/k Regulations and Compliance Goal S-Quality Development and Revitalization Objective SB - E11hance opportunities for economic growth and diversity withitr the City. B. Effect on Budget (EOBl: To be determined. C. Effect on Level of Seryice (LOS): Not Applicable. ill. CONCLUSION/RECOMMENDATION: The City created a provision for portable buildings in the floodplain to allow the continued operation of businesses from small structures, primarily in the Harbor District. Architectural design standards for the portable buildings were approved and adopted by the City Council to help preserve the historic character of the Destin Harbor. The presence of food trucks/trailers is inconsistent with intent of the portable building standards that were created to preserve and maintain the historic character of the Harbor. In Destin, the primary issue is appearance and whether the presence of food trucks/trailers contributes to the impression the City wants to create (Refer to Exhibits A, B & C). IV. RECOMMENDATION: Consider whether it would be appropriate to limit or prohibit the permitting of additional food truck/trailers and possibly identify a date by which such existing vehicles must be removed. Exhibits: A. IGosks B. Portable Buildings C. Food Trucks/Trailers Page 4 of4

14 Kiosk Examples Exhibit A

15 Kiosk Examples Exhibit A

16 Portable Building Examples Exhibit B

17 Food Truck I Trailer Examples ExhibitC

18 EXHIBIT "B" 1. CALL TO ORDER: MINUTES HARBOR COMMUNITY REDEVELOPMENT AGENCY ADVISORY COMMITTEE MEETING MAY 11, :30 PM DESTIN CITY HALL BOARDROOM The Interim Community Development Director called the meetin~ Wednesday, May 11, 2016 in the Destin City Hall Board Room. to order at 5:30 p.m. on 2. ROLL CALL: Members Present Mike Raim Mike Buckingham Jan Best James Green Sandy Trammell Members Absent Tom Case Casey Jones Staff Present Deputy qty Clerk Kim }.:Jontgom~ry Interim Com. Dev. Director Steve Schmidt Planner, Hank Woollard 3. NOMINATION OF CHAIRMAN & VICE CHAIRMAN: CHAIRMAN: The Interim Community Development Director called for nominations for Chairman of the committee. Committee member Trammell nominated herself for Chairman of the Committee. Committee member Raim provided the second for the nomination. A roll call vote of 2-3 was taken and the motion failed, with Committee members Green, Best and Buckingham dissenting. The Interim Community Development Director called for any other nominations. Committee member Green nominated Committee member Buckingham for Chairman. Committee member Best provided the second for the motion. A roll call vote of 3-2 was taken and the motion passed with Committee members Trammell and Raim dissenting. Committee member Buckingham accepted the nomination. VICE CHAIRMAN: ~ The Interim Community Development Director called for nomination for Vice Chairman. Committee member Best nominated Committee member Green for Vice Chairman. Chairman Buckingham provided the second to the motion. A roll call vote of 5-0 was taken and the motion passed. Committee member Green accepted the nomination. 4. APPROVAL OF MINUTES: February 10, 2016 On a motion by Committee member Raim, seconded by Committee member Best, the

19 members voted unanimous 5-0 to approve the minutes of the February 10, 2016 as written. 5. OLD BUSINESS: Food Trucks The Interim Community Development Director informed the members that he invited the City's Planner, Mr. Woollard to attend this meeting so that he could better explain the situation and answer any questions they may have. The Planner explained to the members the process that was taken in regards to the kiosk businesses that are set up near the boardwalk on the harbor and how high the standards are in regards to FEMA's flood plain rules as well as maintaining the historic character of the harbor. He added that at the time of adopting those standards, staff never considered how popular food trucks would become so those standards were never adopted, adding that there has been a steady stream of requests for food truck vendors with everything from high-end food items to shaved ice trucks and the permitting process for this use is different and also is contrary to the directions that the City wants to go in regards to the types of businesses on the hrubor. And with that information, staff is asking for their input on how to regulate these types of businesses, should they put a limit the number of food trucks, prohibit them, or set an amortization date on the ones that are already down there. According to Committee member Trammell, the biggest concern is there is not enough parking as it is and it takes a lot of space to have one; unless, the owner of the property has more than enough for his business and allows one. She also has a concern over what food truck vendors do with their cooking oil waste and asked, is a food truck going to help the harbor; in her opinion, no and feels that this is not just a harbor problem but a Destin problem; Committee member Green stated that his concern is with the trucks being in the same location. He also expressed his concern over with food trucks exploiting the loopholes. Committee member Trammell asked what the difference would be from the ones that are set up during the Seafood festival and special events. There was a lengthy discussion regarding the Seafood Fe tival event and this type of use. The Chairman stated that he doesn't think they bring the feel of what Destin wants and the ones that are already in iness should be grandfathered in but they should not allow anymore. Committee member Green feels that a moratorium should be in place to prevent any more and that should close any loophole concerns. The Planner pointed out to the members that the results they want to achieve are what will be presented to the CRA Board, who will make the rules and set the guidelines. Committee member Best stated that she likes what she is hearing and feels that they should put it in the form of a motion regarding standards for food trucks. The Planner stated that he would be glad to research this and make a draft up for them to review 2

20 and consider at their next meeting. The Chairman stated that he really doesn't want to delay this for another month and feels that they should go ahead and make a recommendation to the CRA and they can always revisit it later if necessary to make any changes or additions. On a motion by Committee member Green seconded by Chairman Buckingham, the members voted S-0 to recommend a 6-month moratorium be set on food truck and trailers vendor permits to allow the Harbor CRA-AC time to modify the criteria of the permitting process while still allowing special event requests to be reviewed and permitted. 6. NEW BUSINESS: Redefinition/Clarification for South Harbor Market Place The Interim Community Development Director explained that this issue is in regards to allowing people to meander the harbor boardwalk from business to business with a drink however, people are taking advantage of that liberty and walking up from the harbor and running across the street with their drink. The Okaloosa County Sheriffs Department is asking for a policy to be set that they can enforce, which is why this ordinance was written. On a motion by Committee member Green, seconded by committee member Raim; the members voted S-0 to recommend that the CRA Board adopt Ordinance LC. In discussion, Committee member Tranunell pointed out that City Council will not agree to allow people to walk along the sidewalk with a drink in their hand. She stated that the entire purpose of the original ordinance was to allow for patron to walk from establishment to establishment with a drink but on the boardwalk only adding that coolers were never a coo~ideration either. She also pointed out that the rules clearly stated that cans and bottles are not allowed on the boardwalk and also she cannot see the City purchasing waste cans to sit out along the sidewalk either. Committee members Green pointed out that they could not restrict coolers since a majority of the Charter boat businesses customer's park in the Marler Parlcing lot and bring cooler when going out on fishing trips. The motion passes 4-1 with Committee member Trammell dissenting. 7. DISCUSSION: Committee member Green asked about the current status of the grant for Royal Melvin Heritage Park. According to the Interim Community Development Director, the only things that have been accomplished at this point are mulching and a sign indicating the park. He explained that staff has met with FDEP and has received a list of items for swap and the Mayor has been directed by City Council to meet in mediation with the adjacent property owners to come to a compromise so that they can turn that over to the State; pointing out that they hope to have it started after the 100-days of summer because if something is not done by the end of summer, the City could lose the grant. Committee member Green expressed his concern over the property being used as a parking lot for the adjacent restaurant and questioned the liability of the property and if it's properly insured. He added that he would like to see the property locked down if it's unable to be used properly. The Interim Community Development Director assured him that the park is insured properly. 3

21 ' I Crosswalk Status The Interim Community Development Director informed the members that the work on the medians is coming along and they all should be finished and operating by the end of June. Committee member Sandy Trammell asked why the crosswalks are not installed at a diagonal to give pedestrians time to make it to the medians before the traffic gets the green light. The Planner explained ones being installed stop traffic in both directions at the same time when initiated by the pedestrians on either side of the highway. Committee member Raim stated that he has observed automobile traffic going in an excess of 60 mph as well as semi-trucks and the City is in need of speed enforcement. Acc9rding to the Chairman, FDOT is waiting for the crosswalk signals to be installed but agrees and, feels that the speed limit should be dropped down to 25-mph within the Harbor District. On a motion by Chainnan Buckingham, seconded by Committee member Raim; the members voted S-0 to recommend the CRA Board petition FOOT to officially reduce the speed limit down to 25 mph in the Harbor District. The Ipterim Community Development Director reiterated that FDOT will wait for the impact of the signalized crosswalks before any action is taken on reducing the speed limit. Committee member Trammell expressed concern over accessing the sidewalk at the southwest comer of the Marler Parking Lot referring to a parking space that is in the way and suggests a little bridge built over the swale that will allow pedestrians acces~ to the sidewalk without having to walk around if a car is parked in that space. The Chairman stated that he has already addressed this with staff and it's in the process of being corrected. The members discussed Heritage Park a little further and felt that they need to make a recommendation to the CRA Board addressed their concerns. On a motion by the Committee member Green, seconded by Committee member Raim; the members voted 4-0 to secure the park for pedestrian traffic only and beautify the park property but allow the blacktop driveway to still be used until the project breaks ground and to no longer allow it to be used for overflow parking. Committee member Buckingham expressed his conflict of interest and would be abstaining from voting on the motion. Committee member Trammell stated that with there not being a Chairman for the CRA yet, she recommends Chairman Buckingham attend the next City Council meeting to present to them all of their motions that have been made as well as discuss and get the status of the sticker program for businesses on the harbor. The Interim Community Development Director announced that their next meeting would be on June Slh. ADJOURNMENT: 4

22 ..) Having no further business at this time, the meeting was adjourned at 5:50PM. Adopted and approved this day of Mike Raim, Chairman Kim Montgomery, City Clerk 5

23 CITY OF DESTIN EXHIBIT '"C" ITEM# --- AGENDA ITEM HARBOR CRAAC MEETING DATE: Aprill3, 2016 TYPE OF AGENDA ITEM: Staff Report and Recommendation TO: Harbor CRA Advisory Committee THROUGH: City Manager, Greg K.isela City Land Use Attorney, Scott Shirley ~.. 1 Interim Community Development Director, Steve Schmidt ()IW Planning Manager, R. Ashley Grana frtt- J FROM: DATE: April6, 2016 Planner, Hank Woollard, AIC~Lt/ SUBJECT: Proposed Ordinance LC - Amending the defmed area known as the "South Harbor Festive Market Place" as found in Article 7, Section "Open containers of alcohol" I. BACKGROUND/DISCUSSION: At the request of the City Council, the City Manager was directed to provide a clearer description to delineate the area known as the "South Harbor Festive Market Place" as referenced in Land Development Code (LDC) Article 7, Section "Open containers of alcohol." Article 7, Section reads as follows with the highlighted portion for emphasis: Open containers of alcohol. Any establishment located in the South Harbor Festive Market Place, as set forth in this Section, that is licensed to dispense alcoholic beverage by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in a paper or plastic cup or other container for removal from the premises to another premises located within the South Harbor Festive Market Place. The "South Harbor Fe tive Market Place" i defined as the area south of Harbor Boulevard, ea t of the Ea t Pass, north of the mean high water line of the Harbor, and west to the east property line of parcel # 00-2S E "Other container" as used in this Section, shall not include a glass bottle, ceramic mug or any other frangible container. No establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises. The highlighted statement references "... the area south of Harbor Boulevard..." It is apparent this phrase is unclear as to the intent of using Harbor Boulevard as the northern boundary of the area and what portion of Harbor Boulevard. After discussions with the Okaloosa County Sherriff's Office, their interpretation for appropriate enforcement purposes for an area enabling "open containers" is the "area south of Harbor Boulevard" be from the "roadway" portion and not the public right-of-way, which would include sidewalks, landscaping area, roadway surface, medians, etc. Page 1 of3

24 ITEM# It is also staff's understanding, based on the historical intent of delineating the "South Harbor Festive Market Place" in 2004, for open containers would be for patrons to be able to walk throughout the entire "South Harbor Festive Market Place" from establishment to establishment and as such would include all pedestrian facilities, including sidewalks. The open container allowance would allow a patron in one business, following the open container rules, could leave with an open container and then walk throughout the "South Harbor Festive Market Place" along the Harbor Boardwalk, any north/south connections, or the south side sidewalk along Harbor Boulevard to their next destination. To ensure there is no further confusion, staff and Okaloosa County Sherriff's Office recommend the following text amendment to Article 7, Section : Open containers of alcohol. Any establishment located in the South Harbor Festive Market Place, as set forth in this Section, that is licensed to dispense alcoholic beverage by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in a paper or plastic cup or other container for removal from the premises to another premises located within the South Harbor Festive Market Place. The "South Harbor Festive Market Place" is defmed as the area south of the Harbor Boulevard roadway, east of the East Pass, north of the mean high water line of the Harbor, and west to the east property line of parcel # 00-2S E "Other container" as used in this Section, shall not include a glass bottle, ceramic mug or any other frangible container. No establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises. This text amendment provides a more clearly defined area for the public and law enforcement to know exactly when an open container of alcohol is not within the "South Harbor Festive Market Place." "Roadway'' is defined in the LDC as, "The portion of the street right-of-way which contains the street pavement and gutter. A roadway is used primarily as a channel for vehicular movement, provides direct access to on-street parking spaces when on-street parking spaces are provided and may serve as a drainage channel for stonnwater." Link to Strategic Goals I Objectives: 4B: Maintain high level of safety and security for our residents, businesses, and visitors A. Effect on Budget (EOB): None. B. Level of Service (LOS): None. II. CONCLUSION: City Council desired clarifying regulatory language that would better delineate the area defined as the "South Harbor Festive Market Place" originally established in Staff, in coordination with the Okaloosa County Sherriffs Office, is proposing Ordinance LC which amends Article 7, Section ofthe LDC to add the word "roadway'' in the definition for "South Harbor Festive Market Place." This text amendment provides a more clearly defined area for the public and law enforcement to know exactly when an open container of alcohol is not within the "South Harbor Festive Market Place." Page 2 of3

25 ITEM# III. RECOMMENDED MOTION: "I move the Harbor CRAAC recommend approval of proposed Ordinance LC for future adoption by the Destin City Council." Exhibits: A. Proposed Ordinance LC Page3 of3

26 ORDINANCE NO LC AN ORDINANCE OF THE CITY OF DESTIN, FLORIDA RELATING TO FURTHER DEFINING THE BOUNDARY OF THE SOUTH HARBOR FESTIVE MARKET PLACE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE AMENDEMENT OF SECTION OPEN CONTAINERS OF ALCOHOL; PROVIDING FOR INCORPORATION INTO LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DESTIN, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Article 1, Section 1.0 l (b) of the City Charter, Section , Florida Statutes and Chapter 163, Part II, Florida Statutes. SECTION l. FINDINGS OF FACT. WHEREAS, the City Council of the City of Destin has determined that in the interest of the citizens health, safety, and welfare, the allowance of open containers of alcohol shall be limited to a specific defined area known as the "South Harbor Festive Market Place" and such area shall be further delineated; WHEREAS, the City Council has determined that this ordinance is consistent with the adopted comprehensive plan and is in the best interests of the City and its citizens; WHEREAS, a public hearing has been conducted after due public notice by the Destin Local Planning Agency and its recommendations reported to the City Council; and WHEREAS, a public hearing has been conducted by the City Council after due public notice. NOTE: Language in section 3 of this ordinance that is slntek lhf'bttgh is language proposed to be deleted, underlined language is language proposed to be added, language that is not sit'nek lhfflttgh or underlined is not to be changed, and represents sections of the Land Development Code that have been skipped and remain unchanged. SECTION 3. AMENDMENT OF LAND DEVELOPMENT CODE SECTION OPEN CONTAINERS OF ALCOHOL. Section Open containers of alcohol of the Land Development Code is hereby amended as follows: Open containers of alcohol. Any establislunent located in the South Harbor Festive Market Place, as set forth in this Section, that is licensed to dispense alcoholic beverage by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in a paper or plastic cup or other container for removal from the premises to another premises located within the South Harbor Festive Market Place. The "South Harbor Festive Market Place" is defined as the area south of the Harbor Boulevard roadway. east of the East Pass, north of the mean high water line of the Harbor, and west to the east property line of parcel # 00-2S E "Other container" as used in this Section, shall not include a glass bottle, ceramic mug or any other frangible container. No establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the

27 premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises. *** SECTION 4. INCORPORATION INTO LAND DEVELOPMENT CODE. This ordinance shall be incorporated into the City of Destin's Land Development Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. SECTION 5. CONFLICTING PROVISIONS. Special Acts of the Florida Legislature applicable to the incorporated area of the City of Destin, City Ordinances and City Resolutions, or parts, thereof, in conflict with the provisions of this ordinance are hereby superceded by this ordinance to the extent of such conflict. SECTION 6. SEVERABILITY. Each separate provision of this ordinance is deemed independent of all other provisions herein so that if any portion or provision of this ordinance is declared invalid, all other provisions thereof shall remain valid and enforceable. SECTION 7. EFFECTIVE DATE. This ordinance shall become effective upon its adoption by the City Council and signature by the Mayor. ADOPTEDTIDS DAYOF By: Scott Fisher, Mayor ATTEST: The form and legal sufficiency of the foregoing has been reviewed and approved by the City Land Use Attorney. Rey Bailey, City Clerk Scott Shirley, City Land Use Attorney First Reading: Second Reading: Page 2 of2

28 EXHIBIT "D" 1. CALL TO ORDER: MINUTES HARBOR COMMUNITY REDEVELOPMENT AGENCY ADVISORY COMMITTEE MEETING JULY 13, :30 PM DESTIN CITY HALL BOARDROOM The Interim Community Development Director called the meeting to order at 5:30 p.m. on Wednesday, July 13, 2016 in the Destin City Hall Board Room. 2. ROLL CALL: Members Present Mike Buckingham James Green Casey Jones Mike Raim Jan Best Tom Case Members Absent Sandy Trammell 3. APPROVAL OF MINUTES: On a motion by Committee me. ber the members voted 5-1 to approve the minot oft Committee member Case Jlissenting being that he< read them beforehand. 4. The P anner informed the qnembers...tbat ~en the CRA Board met last month to discuss the committee' 1tems and it was determined that they would need more time to spend than just 30-minutes so they tab. the discussion until their next,meeting on July 25th at 5:30 p.m. Food Truck Standards Committee me.n:tber ones reiterated that parking spaces are obviously the main issue on the harbor and all the rules sh u1d relate them. He explained that he is only at his site on the harbor for 3- hours, then he is gone; put noted that some that are out there now all the time using those spaces 24-7, which in his opinion is a restaurant not a food truck. He stated that if it's mobile, it needs to be mobile. He explained that currently, if someone goes to the City to try to get a license, for instance at Harborwalk Village, they would have to show that the parking would sustain the business however, if someone just sets up and down there and starts operating, nothing is done and that's not right and something needs to be done about it. He suggested the following items to be outlined in the ordinance: Time restrictions - no more than 5 hrs. in one spot

29 No overnight parking Produce proof of when and where waste water and oil is disposed Committee member Raim asked how the food trucks are regulated. According to Committee member Jones, they are regulated by BPR, Business of Professional Regulations however, they are only regulated on their cleanliness and where they dump their water and their used oil. Committee member Case stated that there is no way the businesses that are operating right now on the harbor are operating to the standards that were set forth by this comyritteejn regards to the DMV road ready requirements with only the 3-inch size tires that some hav. He added that every week they proliferate and more and more keep showing up. He feels that thex should made to leave or be towed out and how there needs to be some sort of enforcement. AccordiJ,I to the Planner, if they are operating how Committee member Case just explained, then they are not'incompliance and, o not have a business tax receipt to operate. The Chairman spoke of the recommendation that h made ast month to hire off uty/ deputies to assist the City by patrolling the harbor to ensure that everyone s adhering to the regulation. According to Committee member Best, she recommends tllat the CRA should decide on a certain timeframe for all of the food truck vendors to-come into compliance and once an ordinance is in place the time frame for those standards should be a very short period of time and if. after that short window of time, if they still are not in compliance then assess n enormous fine. Noting that if it affects their profits maybe they will change their mind and leave. Adding that tl:iey have be n talking about this problem for half the year and still nothing has been done and she is tired of this wlessness and want to see some action. Chairman Buckingqarn agreed and added that the current $ a day fme is not enough. All members agreed that whate er the fine amount is dete. ined, those dollars should be used to hire additional staff.. ittee member Green feels that the timeframe given to bring the business into compliance should be J hortened as well as shutting, wn the operations that are not operating appropriately until they are brought into compliance. Committee member Case spoke of how the same rules should come into play for these types of businesses as for construction sites. When they are red tagged they have to stay shut down until they are brought into compliance. Committee membe Best pointed out that since the City hasn't set the fines or the timelines yet to even take the cases to t~ Special Magistrate, what exactly should be the next step. Committee member Green clarified their discussion is for all businesses that are operating inside the CRA Harbor District. On a motion by Committee member Best, seconded by Committee member Case, the members voted 6-0 to recommend the CRA adopt a list of rules and regulations to be enforced for all businesses in the Harbor District. Motion passes with a vote of 6-0. The members discussed what all businesses this motion pertained to. According to Committee 2

30 member Best, it's should also be for the ones operating with a business tax receipt to rent 10 pontoon boats but in actuality, they are renting out 15 or 20 that are causing the parking problems. Committee member Best stated that she may have made that motion too soon as she has invited Mr. Ed Rogers, owner of Sunshine Pontoon Rentals of Destin, LLC to provide his input regarding the various pontoon & Jet Ski businesses on the harbor. Motion by Committee member Best, seconded by Committee member Jones to table the above motion for the CRA to adopt a list of rules and regulations to ~ nfot ced for businesses on the Harbor front. Motion passes with a unanimous vote of 6-0. Mr. Ed Rogers owner of Sunshme Pontoon Rentals of D~stm, L C ~ded out to the members what he called Talking Points for Pontoon and Jet Ski business ope Jrons in thepestin harbor. He spoke of the issues that he encountered with the City after he pur fiasedtbis property 1m the harbor and started operating his business. He explained that it wouldn't be s;;vannoying if everyone fouowed the same rules but stated that is not the case. He mentioned the land}~ pmg requirements that he had to fou9-w regarding planting trees out front of his business but the same kind of business j,ust down from hi is allowed to have nonworking jet skis out in front of their business; adding iliat those attract mor customers than trees. He spoke of the average revenue this type of businesses diaws during the season and how if the City would simply assess a surcharge it would benefit the numerous issues the City is experiencing. He spoke of the privateer businesses that don't even have... businesses itl the Ci that bring their pontoon boats to Destin and meet their customers eitheli at orriego Point, restaura t docks or private docks and feels that the City should place a moratorium on these types of bus esses unless they purchase an operating business. He spoke of the proliferatiorf of po toon,.ho ts i the harbor and how even though businesses are supposed to offet 90% public docking+ Here is no e available because all of them are full of pontoon boats, adding t(lat there ar~ some out th 're that are 3 oats deep and even infringing on the shallow edge of the chan11el and how the harbor is o er capacity at this point. He suggested a possible moratorium on allowmg any further sin:iilar type busine 'se and only allow another business if one is sold but no more new ones. 0..:~ -... ittee ember Green noted that 3-bo a s deep are legal according to FDEP in accordance to the locatio of the day<'tp-arker and the navigational charmel. He then stated that in his opinion, the moratorium idea would not :work and if someone owns property and meets the requirements of operating a bu ine s 1& his then they should be ab e to operate. He pointed out that parking is the biggest issue and if that is erifqrced then that\w uld cut down on the amount of these type businesses on the harbor. ~ Leigh Moore of the H ard Group spoke of how there is a Harbor Capacity Study somewhere and that the safety ofth~ar is very important and agreed that today, it probably is overloaded and on a safety and environmeq.~ andpoint, asked what is a healthy mix; and feels that maybe another study needs to be done to fmd~~ ut what is a healthy capacity. She also brought up the possibility of a parking garage and if one is built then that could potentially increase the capacity as well. The Chairman asked if a study is done and proves that the current capacity is too much, who dictates who can stay and who has to leave. According to Ms. Moore, she doesn't have an answer but did state that she feels everything needs to be taken into consideration and the two most important factors above all else is safety and the health of 3

31 the environment. Committee member Best stated that in her opinion, Destin was first a fishing village, not a tourist industry and if they want to do a study, fme but she wants something decided now because her main concerns are safety, commerce, lawlessness, and parking. According to Committee member Green until the government, whoever that may be, does something about the road runoff during and after heavy rains that dumps into the harbor from Highway 98, he doesn't feel like anyone can say anything about the environmental ealth of the harbor; pointing out that if you stand at the pagoda at AJ's, about every feet there IS a slick you can watch that is created from the dirty water being dumped off the street directly into tpe harbor as well as behind Tail fins and 2 or three more eastward. Committee member Best made the motion fi r. the ~hairman to ttend the CRA Board on July 25th and present the following concerns and recommendations regarding Pontoon and Jet Ski businesses: The enforcement of the current parking requirements Take under advisement the medallion plan for eve livery vessel with a business tax receipt and the medallions to be able to be removable in order to transfer to another vessel when replacement is necessary. The motion passes 6-0 with Committee member Raim providing the second. Motion by Best, seconded by Ra'm to recommend the C Board, at their July 25th meeting add requirements to the annual permi.tting process for II Pontoon/Jet Ski livery vessel businesses to have to provide a lease agreement from the property owner proving that there is adequate parking for the r business to operate. According to Committee IQember Green, a ver a! agreement is considered a binding contract in the State of Florida. Therefore requiring proof of lea is not necessary. CemmitWe :member Case stated that he has ~oncerns over giving lease agreement information issues regarding the lack of parking spaces and how that requirement could potentially make anyoo~'s eement no longer ' inding ana up for grabs to anyone who is willing to pay more for the spaces. He s gests amending die motio to require an affidavit instead of a lease agreement. h irman sugge ted having all the requirements on the application for the business license so that when e file is pul1ed up it shows all the requirements regarding how many parking spaces are required for the address, ' w many people are allowed on each type of boat, if boats are leased at the address, and so forth. The Plarmer explained staff has gone out and inventoried how many parking spaces each property is required to have available and how they put that information into a spreadsheet that shows each business at that property address and their business tax receipt detailing what the type of business it is, its parking requirements, and the number of spaces that are allocated; explaining further that once that address is at capacity, no more business licenses are issued for that property address until one closes and opens up additional spaces. And then the only a new business is allowed if it meets those same parking requirements. 4

32 According to Committee member Green, the checks and balances are already in place and the problem is not with the application process, it's with the enforcement side of it. He pointed out that the problem is when a property that is only supposed to have for example, 16 boats adds more after they obtain their business tax receipt and now has 20 boats, their parking is always full so people start parking on the adjacent property's parking spaces that causes the problems. According to the Chairman what they need to do is to set an amount per boat for the parking ~- requirements and suggested 2-spaces per boat. Committee member Best stated that currently, the Code is 3-spaces per boat. Everyone agreed that 3- spaces per boat is fair. ccording to the Planner, the requirements are based on the authorized passenger capacity per the U.. Coast Guard. Committee member Best agreed to amend her motion from requiring the parking lease agreement to providing a parking affidavit from the property owner when t e business license receipt is purchased. The members discussed how important tlie parkmg regulations for Pontoon Boats and Jet Ski businesses are and if the rules are already in place then they neeo,to be enforced. The Planner spoke of a Blue Ribbon Panel that was created by City Council with representatives from charter boat captains, boat rental businesses, and b siness owners on the harbor who met monthly for a time to determine the correct amount of parking fo properties which was then presented to Council in the form of a recommendation that Council adopt. Committee member Best amended bet motion to s mply require the current parking requirements that is in the Code be enforced. Committee member Raim provided the second to the amended motion and the otion pass d with a 6-0 v te. -~ Committee membe Best made the motion to recommend to the CRA Board to adopt a $5.00 a day surcharge per boat/jet Skrto be as~d so that the City can hire Code Enforcement to enforce the odes. Committee member Raim provided the second for sake of discussion. Committee member Jones sugge ed that they instead charge a percentage of the businesses yearly income, such as 1% per medallion d that should be enough to hire additional staff to enforce the Codes. Committee member Green suggested a flat rate per medallion pointing out how hard it would be to prove if someone actually rented their boats daily or not. It was suggested that the daily charge per boat may be a wa for some o the older boats that are not being properly cared for and insured get removed and up the quality. The Chairman asked for the motion to be repeated. Upon doing so, Committee member Best changed the motion to reflect; to recommend to the CRA Board to adopt a $5.00 surcharge per boat/jet Ski per day to fund Code Enforcement. Committee member Raim provided the second for sake of discussion. There was a question regarding how and when that charge would be assessed. During discussion it was determined to just be charged during the season. According to Kimberly Mergler of 3598 Waverly Circle, Destin she feels that a flat fee per boat per year would be easier to collect. The 5

33 Planner pointed out that the City has no way of knowing how much a business is taking in per day and agrees that a per year fee would be easier to collect. In discussion, the members decided that the motion should be amended to $ per year vessel for each medallion per year to fund Code Enforcement for the Harbor District. The motion passes with a 6-0 vote with Committee member Best agreeing to the amendment and Committee member Raim providing the second to the amendment. According to Committee member Best, she wants to make su e tha the cases go before the Special Magistrate and not the Court System for 1 51 offence, 2nd offence 3rd offence and asked the members for input. According to Committee member Green, he recommends the adoption an ordinance with a shorter timeline for correction of violations and stiffer penalties for habitual offences in reference to all businesses in the Harbor District. With the members agreeing to that; Committee member Green made the motion to recommend the CRA Board to adopt ew O{dinances that have shorter timeline for correction of violations and stiffer penalties for halftual offences in reference to all businesses in the Harbor District. Committee member Best provided the second. The motion passes /0. Project Updates: The Planner announced that th pedestrian crosswalks have been activated and are operational. According to Committee member Green, they work and people are using them and now when people are leaving the parking lot at AJ's, there is time for people ttie parking Jot to empty as well as there is time for cars to come in and it fills in again. He then asked if there is any status of their recommendation to lower the speed limit in the, arbo District. ;r e Chairman stated that he should make that in the form of a motion again. Motion b Committee Green, seconded by Committee member Jones; the members voted 6-0 to recom end that the CRA Board expedite the lowering of the speed limit to 25 mph on Highway 98 in the Harbor DistricU. e Planner e)(~jained to the members t at only FDOT has the authority to ma!ce that change not the Ci. and they did preform a speed study in the past and it was not warranted to reduce the speed limit. Tti Chairman state4 iliat frorii'wlia he understood, FDOT knows that City and the Okaloosa Cou ty Sheri, wants the speed lnnit reduc d but FDOT wanted to wait until after the new crosswalks are installed and then they could brio. that r quest back. Committee member Case questioned if they think that the new crosswalks will solve the problem. According to ommittee member Green, he feels that it' s warranted for the short area that will be affected. Committee me ber Raim stated that he thought the speed limit reduction for the 5,000 feet from Stahlman Ave to B nning was warranted before the crosswalks were installed. 5. NEW BUSINESS: None 6. DISCUSSION: ~ Committee member Comments 6

34 Committee member Best recommend having Mr. Rogers attend the July 25th CRA Board meeting Chairman Buckingham asked the members to think about suggestions to enhance the Harbor District esthetics in regards to lighting and signage standards to discuss at their next meeting Committee member Green reported that the navigation channel is awesome since the dredging Committee member Raim asked for thoughts on safe!)' standards for rentals. According to Mr. Rogers he uses colored arm b its similar to the ones that are given out at AJ's for the person' s authorized to operate jet skis so that the FWC can identify if the right person is operating ili m Committee member Case is good with tfie new pedestrian operated lights and feels that the roadway will be safer for~9p ~crossing and hopes the incidents of people getting hit will cease ~" Committee member Jones report. the follo~ ing :. ~ Trash builds up at tq.e Zerbe Street Parking Lot as wei t ili parking lot at the Oaks Apartments as a result of the eaa ok~he week even,{nd something needs to be done to address the problem. ~ ~ Several tree limbs that need to jje trimmed up on the Mountain Drive sidewalks for people on bicycles so they don't have to go out into the roadway to get around them, which is a safety hazard ~ Feels that the c ty shoutd -s art charging for parking as a revenue source to fund additional staff as\ eedeci ~. 5k everiis. a trash buildup along their paths Kimberly Montgomery, City Clerk 7