Fort Walton Beach Council minutes — 06-24-08 regular minutes — reading text

reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor Miller and Hartwell absent). ORD. 1768. STORMWATER MANAGEMENT UTILITY The Mayor advised Ord. 1768 was withdrawn and would be brought back before Council in August. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FL; ADDING A NEW CHAPTER 10. 521 ENTITLED " STORMWATER MANAGEMENT UTILITY" TO THE CODE OF ORDINANCES; MAKING FINDINGS OF FACTS AND PURPOSE; AUTHORIZING A STORMWATER MANAGEMENT PROGRAM; ESTABLISHING REGULATIONS FOR CONTRIBUTIONS OF STORMWATER RUNOFF; AUTHORIZING ESTABLISHMENT OF STORMWATER UTILITY USER FEES AND COLLECTIONS; AUTHORIZING CERTAIN PROPERTY OWNERS TO REFUSE SERVICE; AUTHORIZING ESTABLISHMENT OF CERTAIN CREDITS FOR MITIGATION; PROVIDING FOR PENALTIES; RESOLVING CONFLICTING PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE.  191 Regular Council 06/ 24/ 08 FUTURE AGENDA ITEMS The City Manager explained that the information required by July 1 for the preliminary assessment roles has not yet been received by the Property Appraiser' s Office. She continued that the City has 45 days after receipt to set the tentative millage rate, and that Staff would like a special meeting of Council to set the preliminary millage rate, in time for Council to receive the budget documents by July 25. It was noted there would be at least four Council members present, but that a super majority was not needed unless Council wanted to go above the millage rate, which is not being recommended by Staff. Consensus of Council was to hold a special meeting on Tuesday, July 8, 2008, at 5: 30 pm to set the tentative millage rate. RES. 08- 21. ADVISORY COMMITTEE MEMBER TO SHIP The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, APPOINTING AN AFFORDABLE HOUSING ADVISORY COMMITTEE MEMBER FOR THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ( SHIP); PROVIDING FOR DUTIES AND RESPONSIBILITIES; PROVIDING FOR DURATION OF MEMBERSHIP; AND PROVIDING AN EFFECTIVE DATE. Patti Sunnarborg, Executive Director of the Okaloosa Community Development Corporation, also known as Okaloosa Housing Partners ( OHP), 204 Cloverdale Avenue, explained the resolution will create a new advisory committee that is a new statutory requirement of the State Housing Initiatives Partnership ( SHIP) Program and must be created by June 30. Ms. Sunnarborg continued that a member of the Local Planning Agency ( LPA) must be appointed to the Committee, and the committee will review established policies, procedures, ordinances, and land development regulations as well as the local comprehensive plan. The Mayor clarified that the City' s MPB acts as the LPA so a member of the MPB must be chosen; and that by approving Item 4 of the Consent Agenda Council has already approved the partnership agreement between the OHP and the City. Dr. Pullen advised he is a member of the OHP and was present when this was presented. Missy McKim, CDS Director, advised that the City did not receive this request until after the June MPB meeting, but that she sent an e- mail to MPB members and that both Glenda Glover and Darryl White have expressed an interest in serving on this Committee. Dr. Pullen nominated Darryl White. Mr. Minich nominated Glenda Glover. The Mayor advised he would call for the vote on the nominees in alphabetical order. The Mayor called for the vote on the nomination to appoint Glenda Glover to serve as the LPA representative to the Affordable Housing Advisory Committee and it carried by a majority vote with Holmes, Reeves, Garvie, and Minich in favor ( Miller and Hartwell absent). Mr. Minich moved to adopt Res. 08- 21. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). 192 Regular Council 06/ 24/ 08 ARCHITECTURAL/ ENGINEERING SERVICES FOR CHESTER PRUITT PARK- GOODWYN. MILLS. CAWOOD Consideration of a request for City Council to authorize the negotiation of a contract for Architectural and Engineering Services for the Redevelopment of Chester Pruitt Park, with the top- ranked firm, Goodwyn, Mills and Cawood, for a not to exceed amount of $ 50, 000, as defined in RFP 08- 115, and for the City Manager to execute a contract. Christy Johnson, Principal Planner, reported that an RFP was issued for architectural and engineering services for Chester Pruitt Park, and that the Selection Committee comprised of the Public Works Director, Public Works Engineer, Public Works Operations Manager, Parks and Recreation Director, and the CDS Principal Planner, chose four of the nine proposed firms to interview. The Committee recommended Goodwyn, Mills, and Cawood, followed by Tetra-Tech, Kimley- Horn, and CPH. Ms. Johnson advised that all of the firms were capable of doing the job, but Goodwyn, Mills, and Cawood was chosen because of their extensive experience in recent park projects in Pensacola that are similar to those of Chester Pruitt Park. She advised the CRA, at their June 4, 2008 meeting, recommended the Selection Committee' s ranking of firms for negotiation of a contract with the top- ranked firm, Goodwyn, Mills and Cawood, Inc. Ms. Johnson continued that CRA funds are available for construction. She explained there are five phases outlined in the Master Plan and funds are available for Phases I and II, to include the restrooms, dugouts, walking trails, and the other phases are planned for future years. The Mayor asked for public input. There was none. Mr. Minich moved to approve the Selection Committee' s ranking of firms, consistent with the CRA Board' s recommendation, for Architectural and Engineering Services for Chester Pruitt Park as follows: 1) Goodwyn, Mills, Cawood; 2) Tetra-Tech; 3) Kimley- Horn; and 4) CPH, and to authorize the City Manager to execute a contract with the top- ranked firm, Goodwyn, Mills and Cawood, or the next ranked firms if negotiations with the top- ranked firm cannot be accomplished, for Architectural and Engineering Services for implementation of the Chester Park Master Plan not to exceed $ 50, 000. 00. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). WASTE MANAGEMENT PURCHASE OF PROPERTY IN COMMERCEITECHNOLOGY PARK Request authorization for the City Manager and City Attorney to negotiate a contract with Waste Management for the purchase of 13. 53 :t acres in the City' s Commerce and Technology Park. The City Manager reported that Staff has been working for the past year with Waste Management Inc., ( WMI) to develop a contract for the sale of property located at 115 Ready Avenue NW in the City' s Commerce and Technology Park. She continued that Staff, along with the City Attorney, has had several meetings with WMI in regards to the contract, and discussed the primary provisions and concerns of the contract, including the purchase price of $ 1, 500, 000 with $ 5, 000 earnest money deposited at the time of adoption of the ordinance, and environmental matters including the FDEP Phase II Environmental Assessment Grant; site rehabilitation, the cost of site rehabilitation, with the City giving WMI a credit of up to $ 650, 000 or 700, 000 if the cost of obtaining a Site Rehabilitation Completion Order is anticipated at 1,450, 000; a voluntary cleanup tax credit which will be awarded to the purchaser and transferred to the City, with the City reimbursing the purchaser for up to 500/0 of legal fees associated with the transfer, and limited environmental indemnification. The City Manager noted that in regards to the voluntary cleanup tax credit, Staff is not certain the credits can be transferred and whether they have any value to the City, and will continue to work with WMI on the issue, and stated Staff would prefer a dollar amount cap on the legal expenses.  193 Regular Council 06/ 24/ 08 WASTE MANAGEMENT PURCHASE OF PROPERTY ( CONT) Dr. Pullen discussed that the FEDP gave a presentation on brownfields, and noted that the FDEP will do Phase I and Phase II at no cost to the City, and recommend whether a cleanup of the property is necessary, and no matter which way the City decides to proceed, the process still has to go through the FDEP to the State. The City Manager advised that was correct; and that is why the City is requesting to apply for the grant funds from FDEP, and that funds are available for that and that is why the City is discounting the cost of the legal fees for the cleanup. The City Attorney noted that in the contract, WMI will be applying to be a brownfield and the City has to sponsor that, and in that process it will come back to Council to approve the ordinance, so it is all the same program but the ideais that the City is partnering with WMI rather than doing it independently since WMI will be the ones receiving the benefit. Mr. Garvie received an explanation on the voluntary tax cleanup, whereby the credits are issued to the purchaser, in this case WMI, and that WMI believes they can transfer up to 500/0 of the credits to the City. The City Manager explained these credits can be sold on the market and the City can get some money back on the credits. However, the City wants to ensure that if WMI gets the credits the City does not overly discount the property and not receive a benefit of the tax credits. The City Manager requested that Council approve the contract pending the Staff's ability to resolve the pending issues of the contract with WMI; to direct Staff to apply for an FDEP Grant for a Phase II Environmental Assessment and Cleanup; and to direct Staff to develop an ordinance to convey the property to WMI and bring back to Council at a future date. The Mayor asked for public input. There was none. Dr. Pullen moved Staff Recommendation # 2, to direct Staff to apply for an FDEP Grant for a Phase II Environmental Assessment and Cleanup. Motion died for lack of a second. Mr. Minich moved that Council 1) Approve the contract pending the Staff's ability to resolve the pending issues of the contract with WMI; 2) Direct Staff to apply for an FDEP Grant for a Phase II Environmental Assessment and Cleanup; and 3) Direct Staff to develop an ordinance to convey the property to WMI and bring back to Council at a future date. Mr. Reeves seconded motion and it carried by a vote of 4 to 1 with Holmes, Reeves, Garvie, and Minich in favor and Pullen opposed ( Miller and Hartwell absent). Council commended the City Manager and City Attorney for the excellent job they did on negotiating the purchase. RELEASE OF LIEN. 216 LOIZOS DRIVE NW Consideration of release of lien in the amount of $ 36, 250. 00 including the $ 650. 00 Administrative Fees for the property