Fort Walton Beach Council minutes — 08-12-08 regular minutes — reading text

parking deck are simpler than the construction documents for a 122, 000 sq. ft. mixed use four story building. He said they are about two weeks away to get a permit for the foundation and the construction documents for the building is about 50% complete and once completed they will submit to the City to start the building. He said they have the financing on both entities and the interest they are getting from the commercial and national retail customers is exciting. The question was raised vfhat would happen if the garage is built then they do not get financing for the rest of the project. Mr. Houle stated they have the and interested financing, they are not in building a parking deck without a building to go with it. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to approve the request by Emerald Coast Partners, LLC for a 12 month extension of Developmell1t Order for Landmark Center located at 223 Miracle Strip Parkway and 206 Perry Avenue. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, 3lnd Minich in favor (Miller and Hartwell absent). Regular Council 8- 12- 08 211 ORD. 1757. AMENDMENT TO COMPREHENSIVE 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; PROVIDING FOR ADOPTION OF THE PUBLIC SCHOOL FACILITY ELEMENT; AMENDING THE CAPITAL IMPROVEMENT ELEMENT TO ACCOMMODATE NEW PUBLIC SCHOOL FACILITY ELEMENT; AMENDING INTERGOVERNMENTAL COORDINATION ELEMENT TO ACCOMMODATE NEW PUBLIC SCHOOL FACILITIES ELEMENT; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Samantha Abell, Senior Planner CDS Department reported the City received the Objectives, Recommendation and Comment report from the Department of Community Affairs and staff continues to coordinate with the County and all cities in the Interlocal Agreement. She said this was brought back to the Municipal Planning Board on August 7, 2008 for information and they did make a recommendation, and further Dr. Bill Smith with Okaloosa County School District will be available on August 26th for any comments Council may have but tonight he is with the City of Niceville as they consider their adoption of their Public School Facilities Element. She said staff request continuance of the ordinance until August 26, 2008. Mr. Minich moved to continue Ord. 1757 to the August 26, 2008 Council meeting. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). ORD. 1765: REZONE 214 STOKES AVENUE AND 220 STOKES AVENUE 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 214 STOKES AVENUE SOUTHEAST AND 220 STOKES AVENUE NORTHWEST, FORT WALTON BEACH, FLORIDA; REZONING THE PROPERTIES FROM M- 1 WHOLESALE AND LIGHT INDUSTRIAL TO M-2 INDUSTRIAL PARK; PROVIDING FOR A ZONING MAP AMENDMENT; AND SETTING AN EFFECTIVE DATE. The City Attorney gave the oath to all individuals who expected to speak. Samantha Abell, Senior Planner CDS Department reported there have been no changes to the staff report except for a correction to a typographical error to change the address from 21 7 Stokes Avenue to 214 Stokes Avenue. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1765 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). ORD. 1769. TRANSFER OF REAL PROPERTY AT 28 METHODIST AVENUE SE The City Attorney read the ordinance by title.  Regular Council 8- 12- 08 212 ORD. 1769 cont. AN ORDINANCE OF TIIE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF THE REAL PROPERTY PLATTED AS A PUBLIC PARK AND SITUATED AT 28 METHODIST A VENUE~,SE, FORT WALTON BEACH, FLORIDA; PROVIDING CITY COUNCIL AUTHORITY AND APPROVAL OF THE TRANSFER OF THE PROPERTY TO THE FORT WALTON BEACH HOIJSING AUTHORITY; AUTHORIZING AND DIRECTING CLOSING BY THE MA YOR AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. Samantha Abell, Senior Planner, CDS Department stated Council declared 2. 7 acres as excess and agreed to dispose of the property for development of Soundside. She reported in exchange for the 2. 7 acres the City will effectively net a return of 150 additional workforce housing units, 6. 59 acres of open space, and recreational amenities for residents of Soundside as well as taxes for water, sewer, utilities and payment in lieu of taxes that the Housing Authority pays annually. She mentioned redeveloping the New Germany Addition, a housing development once synonymous with drugs and crime, represents a major achievement for the Housing Authority and the City. She said the high quality traditional neighborhood design has created a new momentum for investment in the community redevelopment area and will likely be responsible for triggering further revitalization of the Beal Parkway Neighborhood. She said staff requests the adoption of the ordinance that will allow the proj ect to move forward. Steve Coleman, Home Corp Affordable Communities, 2740 Zelda Road, Montgomery, AL showed a rendering of a typical building they propose to construct with one, two and three bedroom apartments and said the 2. 7 acres is nc~eded for construction of the project. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1769 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). REGULAR AGENDA-- FUTURE AGENDA ITEMS The City Manager advised the Charter Review will be discussed on September 16, and no date has been set to discuss the Protocol Guide. RES. 08- 27: EGLIN PK~ WY STORMWATER DRAINAGE IMPROVEMENT PROJECT The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON FLORIDA, ACCEPTINGBEACH, FUNDING THROUGH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE EGLIN PARKWAY STORMWATER DRAINAGE IMPROVEMENT PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FUNDING AGREEMENT; AUTHORIZING THE CITY MANAGER AND A DESIGNEE TO OVERSEE THE PROJECT; AUTHORIZING A FUTURE BUDGET AMENDMENT IF NECESSARY; AND SETTING AN EFFECTIVE DATE. John Hofstad, Utilities Director, recalled this item was brought before Council in July for approval to execute a contract for installation of corrugated plastic pipe in the Eglin Parkway Drainage easement around the Uptown Station area, contingent upon successful execution of a Funding Agreement with the Florida Department of Environmental Protection. He noted before Council tonight is the Agreement for execution of a grant funded project, with no money out of the City' s pocket and the City' s contribution to the project is the land value for the easement area. Regular Council 8- 12- 08 213 RES. 08- 27 cont. It was questioned if a budget amendment will be necessary. The City Manager explained the City will need to record the grant received this fiscal year so there will be a budget amendment but it will be offset by revenue received from the grant. The Mayor opened the floor for public input. As there was none public input was closed. Mr. Reeves moved to adopt Res. 08- 27. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). LAMAR ADVERTISING REQUEST Consideration of a request for Council approval by Lamar Texas Limited Partnership, d/b/a Lamar Advertising of Fort Walton Beach to construct the 3rd and final new sign pursuant to the Modification of Settlement Agreement, as outlined in the backup report. Missy McKim, CDS Director, reported pursuant to the Modified Settlement Agreement, Lamar Advertising has secured the third (and final) location for a new sign ( at the comer of Hollywood Blvd. and Eglin Parkway NE) and staff recommends approval. Joe Raines, Lamar Advertising, 223 Greenacres Road, stated this will complete everything they have to do and they have one more existing structure to take down. He thanked everyone and thought they have accomplished a win-win situation. He hoped the City is enjoying the use of the space on each of the signs and believed they are doing a good public service as a team. The Mayor opened the floor for public input. As there was none public input was closed. Mr. Holmes moved to approve the request by Lamar Texas Limited Partnership, d/ b/ a Lamar Advertising of Fort Walton Beach to construct the 3rd and final new sign pursuant to the Modification of Settlement Agreement. Mr. Minich seconded motion. Council commented on the attractiveness of the new signs, and pleasure at the outcome of the excellent partnership between the City and Mr. Raines. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). SPECIAL TRIAL COUNSEL-JOE LORENZ Consideration of a request to authorize attorney Joe Lorenz as special trial counsel for the City in the case of J. La Don Dewrell vs. Jody Godwin, City of Fort Walton Beach, et. aI., Okaloosa County Case No. 2008- CA-3749. The City Attorney recalled attorney Joe Lorenz is handling a Code Enforcement Board appeal process in the Circuit Court regarding the property at 207 Florida Place and now the property has gone into foreclosure that will affect the Code Enforcement Board liens. She said because Mr. Lorenz is handling the case and it is related she requested he be approved to