Fort Walton Beach Council minutes — 08-26-08 regular minutes — reading text

249 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA AUGUST 26, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, August 26, 2008, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Absent: Virgil Miller and Dennis Reeves Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Brandy Wunker, Finance Director; Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER The Mayor 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 Pastor Scotty Thigpen of Beulah Baptist Church gave the Invocation. PLEDGE Youth from Beulah Baptist Church led in the Pledge of Allegiance. SPECIAL GUEST Commissioner Bill Roberts presented the State of the County report and discussed issues including beach restoration, the 911 Emergency Operation Center, future capital projects and future water needs, and the future growth of the military and community. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the business of the day. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Garvie, Pullen, Hartwell, and Minich in favor (Miller and Reeves absent). CONSENT AGENDA Mr. Hartwell moved to approve the following Consent Agenda. Mr. Minich seconded motion and it carried unanimously with Holmes, Garvie, Pullen, Hartwell, and Minich in favor (Miller and Reeves absent). APPROVAL OF MINUTES Approval of the minutes of the Special Council Meeting of August 11, 2008; the Council Workshop of August 12, 2008; and the Regular Council Meeting of August 12 , 2008. BID 08- 119. HYDRATED LIME Award Bid No. 08- 119, Hydrated Lime ( Annual Bid), to the low responsive, responsible bidder, Cheney Lime & Cement Company, Allgood, Alabama, for a period of one ( 1) year at $ 203. 00 per ton, and authorize the City Manager to approve the extension of the bid with three ( 3) option years, if it is determined to be in the best interest of the City. 250 Regular Council 8/ 26/ 08 CONSENT AGENDA (C: ONT) ACCEPTANCE OF LO~:AL MITIGATION STRATEGY IMPLEMENTATION PLAN To accept, for infornnation purposes, the Local Mitigation Strategy Status Plan of Implementation, dated August 19, 2008. MEMORANDUM OF UNDERSTANDING-JOINT INFORMATION CENTER To approve the Memorandum of Understanding between the City of Fort Walton Beach and Okaloosa County for thH establishment of a Joint Information Center. SPECIAL PRESENTATIONS Presentation of quarterly report for the General Employees Retirement Fund Investments. Janna Woods of Davis Hamilton Jackson and Joe Bogdahn of the Bogdahn Group presented the quarterly reports to Council for the period ending June 30, 2008. GENERAL PUBLIC Bobby Holbrook gave an update on the Garnier' s Beach Improvement group activities that include monthly meetings, a newsletter, a 4th of July celebration, teaming with the Kiwanis to improve the park, a fall festival, and a park cleanup the first Monday of every month. It was confirmed that all playground equipment will belong to the City and all grant monies will go to the City through the group. Council questioned whether the group had coordinated their effort with the City. The City Manager advised that the group is in the process of becoming a 501 ( c) 3 and are coordinating their efforts with the Pal: ks and Recreation and CDS Staff. Council requested that they receive the group' s newsletter. QUASI- JUDICIAL AGENDA- EXTENSION OF AMENDED DEVELOPMENT ORDER/JOE AND EDDIE' S Consideration of a request from Gerard and Lydia Perillo, owners, for an extension of Amended Development Order for Joe & Eddie' s Mixed Use Building at 206 Florida Place. The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. She advised the applicant was not present. Christy Johnson, Principal Planner, advised the applicant is requesting a 12- month extension of the amended developnnent order, that the amended site plan was approved by Council on September 25, 2007, and this extension, if approved, will be through September 25, 2009. The Staff Report was entered into the record. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to upprove the Extension of the Amended Development Order for Joe and Eddie' s Mixed Use Building. Mr. Holmes seconded motion and it carried unanimously with lmes, Garvie, Pullen, Hartwell, and Minich in favor ( Miller and Hc>> Reeves absent).  251 Regular Council 8/ 26/ 08 DEVELOPMENT ORDER REQUEST- SULLIVAN CONDOMINIUMS Consideration of a request from Tuncay Gerdan, authorized agent G& S Enterprises of Northwest Florida for a Site Development Plan and a Development Order to construct Sullivan Condominiums, located at 504 Sullivan Avenue. The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. Samantha Abell, Senior Planner, advised the applicant requests approval of a site development plan for Sullivan Condominiums. Ms. Abell explained the development order was approved by Council on February 13, 2007, and in May of 2008 the applicant requested an extension and was advised it had expired. Ms. Abell continued that the site plan is unchanged and that the Municipal Planning Board recommended approval of the development order at their August meeting. The Staff Report was entered into the record. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to approve the Site Plan and Development Order for Sullivan Condominiums with the condition that the condominium homeowner' s documents shall be reviewed and approved by the City Attorney prior to the issuance of a Certificate of Occupancy. Dr. Pullen seconded motion and it carried unanimously with Holmes, Garvie, Pullen, Hartwell, and Minich in favor (Miller and Reeves absent). ORD. 1763. AMEND COMP PLAN FUTURE LAND USE MAP. WILDWOOD BLVD. The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR THE PROPERTY LOCATED ON WILDWOOD BOULEVARD, AND BEING LOTS 1- 17, OF THE WILDWOOD PARK SUBDIVISION IN FORT WALTON BEACH, FLORIDA, FROM MDR MEDIUM DENSITY RESIDENTIAL TO MUCC MIXED USE COMMUNITY COMMERCIAL; PROVIDING AUTHORITY AND FINDINGS OF FACT; AND SETTING AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. Ms. Abell explained the request for a small scale map amendment to the Future Land Use Map FLUM) of the Comprehensive Plan to develop office space with a possible residential component and that the Mixed Use Community Commercial ( MUCC) standards will assure that uses are compatible through buffering or other planning techniques. Discussion included the plan to cul- de- sac Wildwood Blvd and Butler Road to add a buffer between the residential and commercial neighborhoods. The Staff Report was entered into the record. The Mayor opened the public hearing. Helen Richardson, 730 Butler Road, stated she was unaware of the plans to cul- de- sac Butler Road and that this would lower the value of the homes in the area if there is a commercial use behind the residential area. 252 Regular Council 8/ 26/ 08 ORD. 1763 ( CONT) Leonard Butler, 740 Butler Road, received an explanation of the Mixed Use Community Commercial District. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich moved to ctdopt Ord. 1763 on first reading. Mr. Holmes seconded motion and it carried by a vote of 4 to 1 with Holmes, Garvie, Pullen, and Minich in favor and Hartwell opposed ( Miller and Reeves absent). LEGISLATIVE AGEND,A- ORD. 1757. PUBLIC SCHOOL FACILITY ELEMENT The City Attorney read the ordinance by title and advised this ordinance is continued from the August 12, 2008 Council meeting. 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; PROVIDING FOR ADOPTION OF THE PUBLIC SCHOOL FACILITIES ELELMENT; AMENDING THE CAPITAL IMPROVEMENT ELEMENT TO ACCOMMODATE NEW PUBLIC SCHOOL FACILITIES ELEMENT; AMENDING INTERGOVERNMENTAL COORDINATION ELEMENT TO ACCOMMODATE NEW PUBLIC SCHOOL FACILITIES ELEMENT; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ms. Abell reviewed the timeframe for adoption of Ord. 1757 and advised that Staff has accepted the DCA recommendation to reference the County School Board' s Public School Facilities Work Plan and that has been added to the ordinance. The Mayor opened the public hearing. Dr. Bill Smith, Director of Facilities Planning, Okaloosa County School Board and Niceville councilperson, explaine! d that Niceville was the first city to be reviewed by DCA and that the other cities were able to plan their ordinances based on Niceville' s experience. Mr. Garvie moved to ,adopt Ord. 1757 on second reading. Mr. Minich seconded motion and it carried unanin10usly with Holmes, Garvie, Pullen, Hartwell and Minich in favor Miller and Reeves ab~! tent). PUBLIC HEARING AGENDA- ORD. 1756. ADOPTION OF LAND DEVELOPMENT CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA RELATING TO ADOPTION OF THE 2008 LAND DEVELOPMENT CODE AS VOLUME IV OF THE CODE OF ORDINANCES; SPECIFICALLY AMENDING CHAPTER 12. 10, DESIGNATION AND GENERAL, OF THE CURRENT LAND DEVELOPMENT