Fort Walton Beach Council minutes — 05-13-08 regular minutes — reading text

133 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MAY 13, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, May 13, 2008, at 7 :00 p. m. in the Council Chambers at City Hall, with the following members present: Bill Garvie, Mayor Pro Tern Councilmen: Mike Holmes, Dennis Reeves, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Absent: Mayor Mike Anderson and Councilman Virgil Miller Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Brandy Wunker, Interim Finance Director; Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER The Mayor Pro Tern called the meeting to order and welcomed everyone. He requested anyone who wished to address Council to approach the podium after being recognized, then state his or her name and address for the record. INVOCATION AND PLEDGE Reverend Roger Peadro, First Christian Church, gave the invocation and led in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the business of the day. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Pullen, Hartwell, Minich, and Garvie in favor ( absent). Miller CONSENT AGENDA Mr. Minich moved to approve the following consent agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Pullen, Hartwell, Minich, and Garvie in favor ( absent). Miller MINUTES Approval of the minutes of the Regular Council meeting of April 22, 2008. RE- ALLOCATION OF CRA CAPITAL PROJECT FUNDING Approval ofre-allocation of capital project funding in Fund 109, Community Redevelopment Agency, $ 33, 965 from Grants and Aids Account to Gateway Park Account to help fund the construction of the Gateway Entrance Park in the Beal Parkway Neighborhood; $ 105, 766 from Eglin Lighting Account to Chester Pruitt Park Account tohelp fund implementation of Phase I and II of the Chester Pruitt Park Master Plan; and $ 18, 000 from Waterlines Account to Roads Account to restripe roadway segments on Hollywood Boulevard, Eglin Parkway to Chicago Avenue, Brooks Street, under the bridge to Elm Avenue, Walter Martin Road, Eglin Parkway to approximately the post office, First Street, Beal Parkway to Eglin Parkway, and Ferry Road, Miracle Strip Parkway to Hollywood Boulevard. ANNUAL CONCRETE BID Award Bid # 08- 117, Concrete ( Annual Bid), to the low, responsive, responsible, bidder meeting specifications, Fort Walton Concrete Co., of Fort Walton Beach, Florida, for the purchase of concrete on an as needed basis within the annual budgeted amount for a period of one (1) year and allow the City Manager to approve the extension of the bid with up to four (4) one- year options, ifit determined to be in the best interest of the City. DOT ROADSIDE TRANSPORTATION BEAUTIFICATION ASSISTANCE GRANT Update on the Florida Department of Transportation Roadside Beautification Assistance Grant, regarding Beal Parkway and Memorial Parkway medians.  Regular Council 5- 13- 08 134 QUASI- JUDICIAL - ORD. 1754: REZONE PROPERTY AT 739 LOVEJOY ROAD The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF PROPERTY LOCATED AT 739 LOVEJOY ROAD, FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; MAKING FINDINGS OF FACT; REZONING PROPERTY FROM C- 2 GENERAL COMMERCIAL DISTRICT TO MUCC- 2 MIXED USE COMMUNITY COMMERCIAL DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; AND SETTING AN EFFECTIVE DATE. OATH The City Attorney gave the oath to all individuals who expected to speak. EX- PARTE DISCLOSURE There was no ex- parte disclosure that needed to be made. PRESENTATION The applicant was not present. Samantha Abell, Senior Planner, reported there were no changes since first reading and submitted the staff report for the record. The Mayor Pro Tern opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1754 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Reeves, Pullen, Hartwell, Minich, and Garvie in favor (Miller absent). QUASI- JUDICIAL - ORD. 1752: VACATE PORTION OF PUBLIC ALLEY The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY AND FINDINGS OF FACT; VACATING, ABANDONING, DISCONTINUING AND CLOSING THAT PORTION OF PUBLIC ALLEY AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND WHICH LIES EAST OF HIGHWAY 98/ EGLIN PARKWAY AND IS ACCESSIBLE FROM STAFF DRIVE; ACCEPTING A DEDICATION OF PUBLIC ACCESS FROM CRYSTAL BEACH DEVELOPMENT COMPANY OF NWF, CRYSTAL BEACH DEVELOPMENT OF DESTIN, LTD., AND 99 EGLIN LTD., AND THEIR SUCCESSORS AND ASSIGNS; ACCEPTING AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FROM CRYSTAL BEACH DEVELOPMENT COMPANY OF NWF, AND 99 EGLIN LTD, AND THEIR SUCCESSORS AND ASSIGNS; AND PROVIDING AN EFFECTIVE DATE. OATH The City Attorney gave the oath to all individuals who expected to speak. EX-PARTE DISCLOSURE Mr. Reeves disclosed he rents from the developer but he has not spoken with him about the issue. 11\ J, PRESENTATION II' Laura Brown, representing Crystal Beach Development, was available to answer any questions. J ,f Samantha Abell, Senior Planner, reported there were no changes since first reading and submitted the staff report for the record. The Mayor Pro Tern opened the public hearing. As no one wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1752 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Reeves, Pullen, Hartwell, Minich, and Garvie in favor (Miller absent). Regular Council 5- 13- 08 135 PUBLIC HEARING - ORD. 1759: PROPORTIONATE FAIR SHARE MITIGATION The City Attorney read the ordinance by title AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY; AMENDING CHAPTER 12. 32, CONCURRENCY, VOLUME IV OF THE LAND DEVELOPMENT CODE OF THE CITY OF FORT WALTON BEACH, BY ADOPTING SECTION 12. 32. 11, ENTITLED PROPORTIONATE FAIR SHARE MITIGATION, ADOPTING PROVISIONS AND FOR PURPOSE APPLICABILITY; ESTABLISHING GENERAL REQUIREMENTS FOR AN APPLICANT DEVELOPER TO SATISFY TRANSPORTATION CONCURRENCY REQUIREMENTS BY MAKING PROPORTIONATE FAIR SHARE CONTRIBUTION; PROVIDING FOR INTERGOVERNMENTAL COORDINATION; ESTABLISHING AN APPLICATION PROCESS AND METHOD FOR DETERMINING PROPORTIONATE FAIR SHARE OBLIGATIONS AND IMPACT FEE CREDITS FOR MITIGATION; AUTHORIZING PROPORTIONATE FAIR SHARE AGREEMENTS; PROVIDING FOR APPROPRIATION OF AND ACCOUNTING FOR FAIR SHARE REVENUES; PROVIDING FOR PROPORTIONATE FAIR SHARE ASSESSMENT IN TRANSPORTATION CONCURRENCY EXCEPTION AREAS, TRANSPORTATION CONCURRENCY MANAGEMENT AREAS, AND MULTIMODAL TRANSPORTATION DISTRICTS; PROVIDINGFOR CROSS JURISDICTIONAL IMPACTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Samantha Abell, Senior Planner, reported there were no changes since first reading. The Mayor Pro Tern opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Hartwell moved to adopt Ord. 1759 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Pullen, Hartwell, Minich and Garvie in favor (Miller absent). PUBLIC HEARING - ORD. 1758: AMENDING COMP PLAN TEN- YEAR WATER SUPPLY PLAN The City Attorney read the ordinance by title. 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; ADOPTING TEXT AMENDMENTS TO THE INFRASTRUCTURE ELEMENT RESULTING FROM LEGISLATIVE MANDATES REGARDING TEN- YEAR WATER SUPPLY PLAN; ADOPTING TEXT AMENDMENTS TO THE INFRASTRUCTURE ELEMENT; COASTAL MANAGEMENT AND CONSERVATION ELEMENT; INTERGOVERNMENTAL COORDINATION ELEMENT, CAPITAL IMPROVEMENT ELEMENT, AND FUTURE LAND USE ELEMENT TO ACCOMMODATE PROVISIONS AND REQUIREMENTS OF THE TEN-YEAR WATER SUPPLY PLAN; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETIING AN EFFECTIVE DATE. The City Attorney.received confirmation for the record that all notice requirements have been met. The Mayor Pro Tern gave an explanation on the procedure that will be followed. Samantha Abell, Senior Planner, explained the ten year water supply plan is mandated by the State to be incorporated into the Evaluation and Appraisal Report of the Comprehensive Plan. John Hofstad, Utilities Director, briefly discussed the city' s water supply system, the projected population estimates, and future water source availability. The Mayor Pro Tern opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Hartwell moved to adopt Ord. 1758 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Pullen, Hartwell, Minich, and Garvie in favor (Miller absent).  Regular Council 5- 13- 08 136 FUTURE AGENDA ITEMS The City Manager suggested a special workshop be held on Tuesday, June 3rd to discuss and receive from staff