Fort Walton Beach Council minutes — 06-08-2010 regular — reading text

171 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JUNE 812010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, June 8, 2010, at 6: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, joyce gossom, Dennis Reeves, Mike Minich, Bobby Nabors, Bill Patterson, and Dick Rynearson. Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER He requested anyone who The Mayor called the meeting to order and welcomed everyone. wished to address Council to approach the podium after being recognized, then state his or her name and address for the record. INVOCATION /PLEDGE Reverend Scottie Thigpen, Beulah Baptist Church, gave the Invocation and youth from the Church led in the Pledge of Allegiance. PRESENTATION Glenda Glover, Chairman of the Municipal Planning Board, updated Council on the activities of the Board this past year, including City- initiated amendments to the Comprehensive Plan, requests for easements and annexations, consideration of the Comprehensive Plan EAR -Based amendments, and various workshops, presentations, and discussions. APPROVAL OF AGENDA The Mayor requested Item 14. 2, Ratification of Ord. 1806, be moved to Item 11. 4, under ordinances for first reading. Mr. Rynearson moved to approve the agenda, as amended, with Item 14.2, Ratification of Ord. 1806, moved to Item 11. 4, under ordinances for first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Patterson, and Rynearson in favor. CONSENT AGENDA Mr. Patterson moved to approve the following Consent Agenda. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Patterson, and Rynearson in favor. APPROVAL OF MINUTES Minutes of the Regular Council Meeting on May 25, 2010. MEMORANDUM OF UNDERSTANDING —INTERNET CRIMES AGAINST CHILDREN TASK FORCE To approve the Memorandum of Understanding with the North Florida Internet Crimes Against Children Task Force and to authorize the Police Chief to execute the agreement. 172 Regular Council 6/ 8/ 10 LETTER OF UNDERSTANDING —WIRE INTERCEPT SYSTEMS To approve the Operational Letter of Understanding between the San Bernardino County Sheriff's Department and the Fort Walton Beach Police Department, and to authorize the Police Chief to execute the agreement. TASK ORDER FOR FRED HEDRICK FACILITY ASSESSMENT To execute a Task Order with Hatch Mott MacDonald of Pensacola, Florida, to complete a facility assessment of the Fred Hedrick Recreation Center for a not to exceed amount of 28, 200. 00. QUASI- JUDICIAL —CAMP WALTON RE -PLAT The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. Tim Bolduc, Development Services Manager, advised that Staff received a request to approve the Final Plat for Old Camp Walton subdivision, a six -lot subdivision located at 205 Alconese Avenue SE, and that the Municipal Planning Board recommended approval at their June 3, 2010 meeting. Mr. Bolduc informed Staff finds the proposed lot configuration consistent with applicable Land Development Regulations and Comprehensive Plan requirements. Mr. Bolduc continued that from the time the staff report went before the MPB until now, questions have been raised about the right -of -way requirements being met. Mr. Bolduc advised the applicant has agreed to provide the City with any necessary rights -of -way or easements, and that Staff would like to move the plat as is pending the approval of any rights -of -way or easements prior to signature of the final plat. As the applicant was not present, Mr. Bolduc entered the Staff Report into the record. The Mayor asked for public input. There was none. Mr. Reeves moved that the proposed plat for Old Camp Walton Knoll, located at 205 Alconese Avenue SE is consistent with the Comprehensive Plan and Volume V of the Land Development Code and approve as submitted, with the understanding that the necessary right -of w - ay or easements will be required prior to signature of the final plat. Mr. Patterson seconded motion and it carried Holmes, unanimously with gossom, Reeves, Minich, Nabors, Patterson, and Rynearson in favor. ORD. 1833 —REVISION OF SOUND SIDE HOUSING UNIT DISTRIBUTION The City Attorney read the ordinance by title on first reading. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY & INTENT; AMENDING SECTION 2 OF ORDINANCE 1769; AUTHORIZING FURTHER CONVEYANCE OF PROPERTY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Mr. Bolduc explained that Ord. 1833 revises the housing distribution for the Sound Side project by designating that all 200 units be inhabited by residents earning up to 120% of the area median income. Mr. Bolduc advised the revision is consistent with the City51s intent to provide affordable housing while allowing the market to support the project. The Mayor opened the public hearing. As there was none, the public hearing was closed.  173 Regular Council 6/ 8/ 10 ORD. 1833 ( CONT) Mr. Reeves moved to adopt Ord. 1833 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Patterson, and Rynearson in favor. ORD. 1834 —REVISION OF SOUND SIDE PLANNED UNIT DEVELOPMENT The City Attorney read the ordinance by title on first reading. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, PROVIDING FOR AUTHORITY INTENT; AMENDING SECTION 3, SECTION 6, AND SECTION 7 OF ORDINANCE 1762; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The City Attorney reminded that the Planned Unit Development ( PUD) documentation is needed to be attached to this ordinance. Mr. Bolduc advised that Ord. 1834 amends the distribution of units stated in the PUD for the Sound Side project to allow residents of all 200 units to earn up to 120% of the area median income, which is consistent with the requirements from HUD. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Reeves moved to adopt Ord. 1834 on first reading.Ms. gossom seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Patterson, and Rynearson in favor. ORD. 1835 —MAINTENANCE OF CRA CAPITAL PROJECTS The City Attorney read the ordinance by title on first reading. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING THE FORT WALTON BEACH COMMUNITY REDEVELOPMENT AGENCY PLAN AND SETTING AN EFFECTIVE DATE. Michael Beedie, Engineering and Utility Services Director, informed that Ord. 1835 modifies Section 11. 4. 1 of the CRA Plan, entitled Ongoing Installation and Maintenance of Public Infrastructure, to include the ongoing and continuous maintenance of capital projects completed by the CRA. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1835 on first reading. Ms. gossom seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Patterson, and Rynearson in favor. ORD. 1806 —RATIFICATION OF ORD. 1806 TO AMEND FLUE The City Attorney read the ordinance by title for a second time on first reading. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING DIRECTIONS —THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES; PROVIDING FOR AUTHORITY; AMENDING THE FUTURE LAND USE ELEMENT; PROVIDING FOR CONFLICTS AND SEVERABILITY AND SETTING AN EFFECTIVE DATE. 174 Regular Council 6/ 8/ 10 ORD. 1806 ( CONT) Mr. Beedie explained that Ord. 1806 amends the Future Land Use Element and was provided to City Council on January 12, 2010 in both strike -through /underline form and in draft form. He continued that after a review to ensure consistency with the version approved by the Local Planning Agency, the City Attorney revised the ordinance for legal form and sufficiency and it clarifies the ordinance originally sent to Department of Community Affairs ( DCA) when transmitting the revised Comprehensive Plan elements. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Rynearson moved ratification of Ord. 1806 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Patterson, and Rynearson in favor. ORD. 1832 —LEGAL DESCRIPTION OF CITY BOUNDARIES The City Attorney read the ordinance by title on second reading. A REVISER ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; CORRECTING LEGAL DESCRIPTIONS IN PREVIOUSLY ADOPTED ORDINANCES AFFECTING THE CITY LIMITS OF THE CITY; RESOLVING CONFLICTS AND SETTING AN EFFECTIVE DATE. Mr. Beedie advised that during the course of compiling information to revise the legal description of the City limits, eleven discrepancies were discovered that are in need of correction. Mr. Beedie explained Ord. 1832 will correct minor scrivener's errors on the legal descriptions of five parcels, and that two additional ordinances will be brought forward to correct the remaining discrepancies. He also noted there are no changes to the ordinance since first reading. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Reeves moved to adopt Ord. 1832 on second reading. Mr. Rynearson seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Patterson, and Rynearson in favor. COUNCIL APPOINTMENTS The Mayor received clarification that due to Mr Patterson' s pending resignation, he did not wish to be considered for any appointments. Mr. Minich questioned which committees require alternates and the City Clerk. responded that all of the committees require alternates to attend when the representative cannot. The City Clerk further advised information was received previously that alternates are required. ECONOMIC DEVELOPMENT COUNCIL ( EDC) Consideration of Council representatives to serve on the