Fort Walton Beach Council agenda — 10-23-2007 regular agenda — reading text

Mr. Miller mentioned that at the CRA meeting the Chairman made a speech to all the members and admonished the members on the protocol to follow and thought she laid out some new guidelines for the Board and for Council to do this would overstep what the Chairman has already accomplished. The Mayor called for the vote on the motion and it carried by a vote of 4 to 3 with Holmes, Reeves, Hartwell, and Minich in favor and Miller, Garvie, and Pullen opposed. PRESIDIO Mr. Miller discussed the Presidio and their desire to use pavers on the boardwalk. Mr. Miller moved that Presidio be afforded the option to use pavers in the construction of the Boardwalk on their property, subject to the approval of City staff. Mr. Garvie seconded motion. Discussion ensued on the process already established for the project.  Regular Council 10- 9- 07 179 PRESIDIO cant. The City Attorney advised there is a Development Order that required the design to go back to the CRA and the motion would amend provisions of a Development Order that was issued in a quasi- judicial proceeding and none of the parties are before Council at this time. She cautions this is not the right forum to address the issue. The City Attorney suggested if Presidio does want to use pavers they need to address that through staff and bring it back to the CRA. She advised that is a quasi-judicial matter and by motion changing the requirements of a Development Order and questioned whether or not it would be a legally sufficient motion; it is changing the terms of a Development Order that is already in place. The Mayor called for the vote on the motion and it failed by a vote of 2 to 5 with Miller and Garvie in favor and Holmes, Reeves, Pullen, Hartwell, and Minich opposed. MAYOR/COUNCil ANNOUNCEMENTS cant. Mr. Minich discussed the importance of following processes within the operations of the City. The Mayor clarified that Council does have the right and responsibility to ask questions for clarification purposes; but to go beyond that regarding how City staff members perform their jobs goes over the line. The Mayor discussed a letter from the County dated September 18 stating their readiness to meet withCity staff in order to reach an agreement on the City/ County Interlocal Agreement for the wastewater plant that will be of mutual benefit to both the City and County. The Mayor also discussed the Joint land Use Study (JLUS) meeting he attended, and that the new F- 35 coming to the Base will not have an impact on the City. He also attended a meeting of the Eglin Installation Growth Committee and that a growth summit will be held to discuss ways the City and County can address the growth expected from future missions. The Mayor advised letters were received from citizens thanking the Finance Staff, the Police Department, the Fire Department, and the Parks and Recreation Department for their assistance in various matters. The Mayor mentioned he has had conversations with the City Manager and Dr. Marlowe about a better way to look at the Vision and set priorities two, three, four years down the road as opposed to just the next year. Mr. Hartwell suggested the January Strategic meeting be held earlier or later in the year because with an election every two years the new elected officials do not have the opportunity to give input to the strategic planning. The Mayor mentioned they were considering letting the Council have experience, work with the budget process so when they have the meeting in January they would J have experience for ten months. CITY MANAGER ANNOUNCEMENTS The City Manager advised the Strategic Planning Process will be brought to Council for discussion at the second meeting in October. The City Manager reported the City collected ~- ton of voluntarily recycling materials and the City feels this will be a successful endeavor.  10- 9- 07 Regular Council 180 CITY MANAGER ANNOUNCEMENTS cont. She announced the first of the Great Neighborhood meetings will be held on Thursday, October 11 at 6: 30 at the Senior Center; there will be a free gardening program offered by the Fort Walton Beach Library and Master Gardner' s Association on Saturday, October 13, from 1 to 3 pm at the Library; and there will be a " Laugh Out Loud" Program for teens at the Library on Saturday, October 20, at 2 pm. The City Manager further advised that the collective bargaining process has begun with the Fire o Union and when their proposal has been reviewed in detail an Executive Session will be scheduled. ADJOURNMENT There being no further business, the meeting adjourned at 9: 45 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm  CITY COUNCIL MEETING October 23, 2007 Consent Agenda Consideration of acceptance of a grant of easement from Millenium Real Estate LLC, for sidewalk, drainage and utilities along the north side of Second Street and the west side of Shell Avenue on the Shell Harbor Condominium property Public Works Director) Council Action 1st 2nd Vote: Agenda Item Number: 3  City of Fort Walton Beach, Florida Memorandum DATE: October 15, 2007 TO: Joyce Shanahan, City Manager FROM: Thomas Murray, Public Works Director SUBJECT: Shell Harbor Condominiums - Easement to the City Backe:round: City staff approved plans and the building permits for Shell Harbor Condominiums located at 115 and 119 Beal Parkway, SE. Plan approval was conditioned on granting an easement for the installation of a public sidewalk, drainage and utilities along the north side of Second Street and the west side of Shell A venue for City crews to maintain, service, etc. the sidewalks, drainage facilities and utilities. Discussion: The easement was granted on October 11, 2007, to the City of Fort Walton Beach by Millennium Real Estate II, L.L.C., owners of the property. The easement varies in width from 2 feet wide along Shell A venue and a portion of Second Street to 5 feet wide along the remainder of Second Street. The easement was reviewed and approved by the City Attorney as to form and legal sufficiency. Recommendation: Respectfully request that the City Council accept the Grant of Easement from Millennium Real Estate II, L.L.C. for sidewalks, drainage and utilities along the north side of Second Street and the west side of Shell Avenue on the Shell Harbor Condominium property and authorize the Mayor to execute the easement. Prepared Bv: zt~~ B. Grin, P. E. City Engineer tv 1/')"/ Dat~ f 07 Reviewed and Submitted Bv: o// o7 s-/ Thomas Murray, P. E. Date Public Works Director Reviewed and Concur: ILJ I; '" j ~ b- 7f ( hanahan Date orce e'ity Manager Attachments: Grant of Easement - Sidewalk/Drainage/ Utilities Approval by City Attorney U:\Public Works Admin\ CC Agenda\ cc. 071023. Shell Harbor Easementdoc GRANT OF EASEMENT STATE OF FLORIDA COUNTY OF OKALOOSA THIS GRANT OF EASEMENT made and entered into on this ~ day of 1b R. Oe.." EI2- 2007, by and between MILLENNIUM REAL ESTATE II, LLC, a Florida Limited Liability Company, whose mailing address is 111 Beal Parkway SE, Fort Walton Beach Florida 32548, " Grantor"; and the CITY OF FORT WALTON BEACH, FLORIDA, a Municipal Corporation, whose mailing address is P. O. Box 4009, Fort Walton Beach, FL 32549, " Grantee", do hereby mutually covenant: WHEREAS, Grantor is the owner in fee simple of that certain property described as: A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA BEING LOT 3 THROUGH LOT 5, LOT 9, LOT 10, AND THE SOUTH ONE- HALF OF LOT 8, BLOCK F, SPIVEY ADDITION TO CAMP WALTON, ALSO KNOW AS GIBSON ADDITION, ACCORDING TO THE RECORD PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 30 & 31 OF THE PUBLIC RECORDS OF SAID COUNTY BEING BOUNDED TO THE WEST BY FLORIDA STATE ROAD NUMBER 189 ( ALSO KNOWN AS BEAL PARKWAY, EXISTING 75. 00 FOOT PUBLIC RIGHT- OF- WAY) ACCORDING TO THE STATE OF FLORIDA DEPARTMENT OF TRANSP,ORTATION RIGHT-OF-WAY MAP SECTION 57110- 2510, SHEET 1 OF 2 ON FILE WITH THE STATE OF FLORIDA LESS AND EXCEPT RIGHT-OF- WAY ACQUIRED BY SAID AGENCY, BEING BOUNDED TO THE SOUTH BY SECOND STREET ( EXISTING 30. 00. FOOT PUBLIC RIGHT- OF- WAY), BEING BOUNDED TO THE EAST BY SHELL AVENUE ( EXISTING 40. 00 FOOT PUBLIC RIGHT- OF- WAY), BEING BOUNDED TO THE NORTH BY THE NORTH HALF OF LOT 8 AND LOT 2, BLOCK F OF SAID CAMP WALTON AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT AN EXISTING NAIL AND BRASS DISC ( LICENSED SURVEYING AND MAPPING BUSINESS NUMBER 7191) MARKING THE SOUTHEAST CORNER OF ABOVE SAID LOT 5, BLOCK F, CAMP WALTON SAID POINT ALSO LYING ON THE NORTH RIGHT- OF- WAY LINE OF ABOVE SAID SECOND STREET); THENCE PROCEED N88031' 20" W ALONG SAID SOUTH BOUNDARY LINE AND ITS NORTHWESTERLY EXTENSION ( ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF SECOND STREET) FOR A DISTANCE OF 173. 00 FEET TO A POINT ON THE SOUTH BOUNDARY LINE OF ABOVE SAID LOT 10, BLOCK F, CAMP WALTON; THENCE DEPARTING SAID SOUTH BOUNDARY LINE OF LOT 10 CONTINUE ALONG SAID NORTH RIGHT- OF-~ AY LINE THE FOLLOWING THREE 1)"' 3) COURSES: ( N01028' 40" E A DISTANCE OF 3.