Fort Walton Beach Council agenda — 09-23-08 regular agenda — reading text

0 J r ON r d s Oslo a c 3 3 a r o 400 a% y I Otoo U. O t• 0 d N  CITY COUNCIL MEETING September 23, 2008 Approval of Agenda No Backup) Council Action 1st 2nd Vote: Agenda Item Number: 1  CITY COUNCIL MEETING September 23, 2008 Consent Agenda Approval of Minutes: Regular Council, September 9, 2008 City Clerk) Council Action 1 St 2nd Vote: Agenda Item Number: 2  261 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 9, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, September 9, 2008, at 7: 00 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Absent: Virgil Miller 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 Charles Sansom, Sr. of Family of Faith Church gave the invocation. PLEDGE Youth from Family of Faith Church led in the Pledge of Allegiance. PROCLAMATION —CONSTITUTION WEEK The Mayor presented a proclamation declaring the week of September 17 — 23, 2008 as Constitution Week" to Margaret Nichols with the Daughters of the Revolution. APPROVAL OF AGENDA Mr. Minch requested that item 9, re- adoption and ratification of Ord. 1761, be moved up to be considered before item 7. Mr. Minich moved to approve the agenda as the business of the day, as amended to consider item 9 before item 7. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). CONSENT AGENDA Mr. Minich moved to approve the following consent agenda items. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). MINUTES Approval of the minutes of the Special Council Meetings of August 18, 2008; August 19, 2008; August 20, 2008; and the Regular Council Meeting of August 26, 2008.  Regular Council 9 -9 -08 262 ANNUAL GRASS SEED BID Award Bid No. 08 -123 Annual Grass Seed Bid, to the lowest responsive, responsible bidders AGRI -AFC, LLL, Summerdale, AL for Perennial Rye Grass Seed/ Golf Club at $ 0. 90505 /pound; Ewing Irrigation, Fort Walton Beach for Perennial Rye Grass Turf Seed at $ 1. 03 /pound and Perennial Rye Grass Seed /Golf Club at $ 0. 98 /pound; Pennington Seed, Milton, FL for Common Rye Grass Seed at $ 0. 42 /pound; and Turf Merchants, Tangent, OR for POA Trivialis /Golf Club at 1. 86 /pound; for approximately 80, 000 pounds of seed that will be used by the Golf Club, Parks & Recreation Department and Public Works Departments at an estimated cost of $60,000. SPECIAL TRIAL COUNSEL Approve special trial counsel, Joe Lorenz, to file an additional foreclosure suit against Mrs. Jody Godwin, if necessary, on other properties owned by Mrs. Godwin, specifically 205 Florida Place, to best protect the interests of the City; and approve payment of any additional filing fees and payment of attorney fees to Joe Lorenz at $ 200 per hour. 04 — ORD. 1763: AMEND FLUM FOR WILDWOOD BLVD FROM MDR TO MUCC The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, AMENDING THE COMP 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 gave the oath to all individuals who expected to testify. The Mayor received verification that all notice requirements have been met. Samantha Abell, CDS Senior Planner, reported there have been no changes since the first reading and submitted the staff report into the record. It was noted for the record that the applicant was not present. It was questioned what commercial businesses would be allowed in a MUCC district. Ms. Abell answered it allows office space and residential, and it is primarily a community commercial area. She noted the applicant indicated he desires to develop office space. The City Attorney gave the oath to the CDS Director, Missy McKim. The CDS Director further explained MUCC would allow some commercial use such as retail, offices, banks, finance and insurance investment offices, health and fitness facilities, Laundromats, medical offices, and restaurants. She said the property is adjacent to residential and the MUCC designation is used as a transition between a less intense area and a more intense area. The Mayor opened the public hearing. The City Attorney gave the oath to Lee Bobo. Lee Bobo, 38 Memorial Parkway, was shown on a map the exact location of the property on Wildwood. Regular Council 9 -9 -08 263 ORD. 1763 coat. Helen Richardson, 730 Butler Road, spoke against the change that would allow commercial use next to the residential area. She voiced concern that the value of their property will be lowered and become a slum area. As no one further wished to speak the public hearing was closed. Mr. Holmes moved to adopt Ord. 1763 on second reading. Mr. Reeves seconded motion and it failed for lack of a majority with Holmes, Reeves, and Minich in favor and Garvie, Pullen, and Hartwell opposed ( Miller absent). PUBLIC HEARING — RE- ADOPTION AND RATIFICATION OF ORD. 1761: AMEND FLUM FOR 28 METHODIST AVENUE 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 AT 28 METHODIST AVE, FORT WALTON BEACH, FLORIDA, FROM REC- RECREATIONAL TO MDR -MEDIUM DENSITY RESIDENTIAL; PROVIDING AUTHORITY AND FINDINGS OF FACT; AND SETTING A NEW EFFECTIVE DATE. Samantha Abell, CDS Senior Planner, explained Ordinance 1761 was adopted on second reading on June 24, 2008 after it was properly noticed and without any objection or comment from affected persons. She said the Department of Community Affairs ( DCA) noted that the small scale amendment adopted in Ord. 1761 was invalid because it violated the provisions which precludes a local government from passing any comprehensive plan amendment until after the Public School Facilities Element is adopted and transmitted to DCA. She explained to accommodate the request of DCA and remedy any procedural defects staff requests Council re -adopt and ratify Ordinance 176t-on second reading. She submitted the staff report into the record. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to re -adopt and ratify Ordinance 1761 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). PUBLIC HEARING - ORD. 1756: LAND DEVELOPMENT CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA RELATING TO THE 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 CODE: AMENDING ALL OTHER SECTIONS OF CHAPTER 12, LAND DEVELOPMENT CODE, AS SET FORTH IN THIS ORDINANCE AND THE ATTACHED DRAFT LAND DEVELOPMENT CODE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND SETTING AN EFFECTIVE DATE. Missy McKim, CDS Director, reported additional editorial changes were made and staff recommends approval of the ordinance on second reading.  Regular Council 9 -9 -08 264 ORD. 1756 cont. Dr. Pullen offered additional editorial corrections and noted that Section 13. 408( E) 3 on the DRC meetings states applications for meeting shall be received before five working days of any meeting. He commented there is no schedule of meetings and questioned how a due date can be established. The CDS Director stated the DRC now has a scheduled meeting on Thursday of each week and the meeting is always within five days so they would like that to remain flexible. She said staff is flexible to when the applicant can meet. Dr. Pullen asked it be clarified that the DRC will meet within five days of an application. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Reeves moved to approve Ord. 1756 on second reading. Mr. Garvie seconded motion. Dr. Pullen moved to amend Section 13. 408 Development Review Committee, subsection ( b) Committee Membership to add that a roster of the DRC members will be available for the public. Motion to amend died for lack of a second. Dr. Pullen moved amend Section 13. 408 subsection A(6) to add that all meetings will be open to the public. Mr. Garvie seconded motion. The City Manager explained the DRC meeting is a staff level meeting with the applicant. She said it is not routinely open to the public and she did not believe it should be open to the public. Mr. Garvie withdrew