Fort Walton Beach Council minutes — 10-27-09 regular minutes — reading text

21 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA OCTOBER 27, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, October 27, 2009, at 6:00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Nabors, Bill Bobby Patterson, and Dick Rynearson. Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; 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 AND PLEDGE Mr. Miller gave the Invocation and Mr. Patterson led in the Pledge of Allegiance. PROCLAMATION —ARBOR DAY 2009 The Mayor presented a proclamation to Carole Jones in recognition of State of Florida Arbor Day on January 16, 2009. PROCLAMATTON— CENSUS 2010 The Mayor presented a proclamation to Cam Johnson committing the City to partner with the US Census Bureau to help ensure an accurate census count in 2010. PROCLAMATION —COVENANT HOSPICE The Mayor presented a proclamation to Kappy Smith and Lil Jenkins of Covenant Hospice recognizing November 2009 as National Hospice Month. STUDENT ACE AWARDS The Mayor presented the Student Ace Awards to Sarah Gates of Choctawhatchee High School and Jordan Holley of Fort Walton Beach High School. APPROVAL OF AGENDA The Mayor advised the following agenda items have been postponed: Item 2. 1, Mainstreet Presentation, until the November 10, 2009 Council meeting; Item 3. 5, Playground Amateur Radio Club Lease until the November 10, 2008 Council meeting; Item 5. 1, Vacation of Easement until the January 12, 2010 Council meeting; and Item 9. 1, Water Line Extension, until the December 8, 2009 Council meeting. The Mayor requested the motion be to approve the agenda as amended, excluding these items. Mr. Reeves moved to approve the agenda as the business of the day, as amended, excluding Item 2. 1, Mainstreet Presentation, until the November 10, 2009 Council meeting; Item 3. 5, Playground Amateur Radio Club Lease until the November 10, 2008 Council meeting; Item 5. 1, Vacation of Easement until the January 12, 2010 Council meeting; and Item 9. 1, Water Line Extension, until the December 8, 2009 Council meeting. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors,4Pafterson, and Rynearson in favor. 0% Regular Council October 27, 2009 SPECIAL PRESENTATION The presentation by the former Main Street Organization President has been postponed until the November 10, 2009 Council meeting. CONSENT AGENDA Mr. Miller requested 113taff provide some background information and the streets that will be resurfaced in referencE.1 to Item 3.2, consideration of an RFP for FDOT Resurfacing projects, for the benefit of the public:. Michael Beedie, City Engineer, advised the City was contacted by FDOT that it was eligible for roadway resurfacing projects funded through the American Recovery and Reinvestment Act ARRA) of 2009. Mr. Beedie continued that the FDOT consolidated the prioritized projects from the City and other municipalities and counties and that the Transportation Planning Organization TPO) determined the final rankings of the projects.The roads in the City to be resurfaced include Country Club Avenue from Mooney Road; Memorial Parkway NW from Hollywood Boulevard to Beal Parkway; Wright Parkway SW from Miracle Strip Parkway to Hollywood Boulevard; Bay Drive SE from Brooks Street to Hollywood Boulevard; and Yacht Club Drive from Beal Parkway to Eglin Parkway. Mr. Miller noted the good work done by Staff and Mr. Garvie gave credit to Mr. Holmes, who sits on the TPO, as working to get these City streets the funding. Mr. Miller moved to, approve the following Consent Agenda items. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of October 13, 2009. FDOT RESURFACING PROJECTS To award RFP 09 -126„ the resurfacing of Wright Parkway SW and Bay Drive SE in the amount of $ 149,300 to CW Roberts Contracting and Greenhorne & O' Mara, Inc. in Tallahassee, Florida, and also authorize the City Manager to approve change orders up to the budgeted amount of 432, 798. 00, if necessary; RFP 09 -127, the resurfacing of Yacht Club Drive NE and Memorial Parkway NW in the amount of $ 413, 924.45 to CW Roberts Contracting and Greenhorne & O' Mara, Inc. in Tallahassee, Florida, and also authorize the City Manager to approve change orders up to the budgeted amount of $ 726, 114. 00, if necessary; and RFP 09 -128, the resurfacing of Country Club Avenue NE in the amount of $ 136, 650 to CW Roberts Contracting and Greenhorne & O' Mara, Inc. in Tallahassee, Florida, and also authorize the City Manager to approve change orders up to the budgeted amount of $ 448, 334. 00, if necessary. These projects will comply with all requirements of the American Recovery and Reinvestment Act of 2009 and the Local Agency Program through the Florida Department of Transportation. AWARD OF FERTILIZER BID To award Bid 09 -124, Annual Fertilizer Bid, to the lowest responsive, responsible bidders, LESCO and Regal Chemical, for approximately 210, 000 pounds of fertilizer, purchased as needed, for the Golf Club and Recreation and Cultural Services at an estimated cost of 97, 300. 00. RENEWAL OF MOTOR VEHICLE LEASE —DISASTER TRANSPORTATION SERVICES Renewal of Motor Vehicle Lease for Disaster Transportation Services between the City of Fort Walton Beach and Okaloosa County School Board.  W Regular Council October 27, 2009 PLAYGROUND AMATEUR RADIO CLUB LEASE This item has been postponed until the November 10, 2009 Council meeting. PUBLIC COMMENTS Anna Louise Bankston, widow of community activist Willie Bankston, requested that a bust of her husband be placed at Chester Pruitt Park. The Mayor informed that several years ago the City Council approved the request of the Southern Christian Leadership Conference ( SCLC) to erect a monument but the SCLC never followed through, and the organization has since disbanded. The City Manager advised that he has been in discussions with CC Fearson and that plans are being made to have a community event in February, which is Black History Month, recognizing early black community leaders. He continued that he cannot make any promises regarding any kind of bust or monument for Mr. Bankston but that he would look into the matter. VACATION OF EASEMENT AT 103 ALABAMA AVENUE Request City Council consideration of an application requesting the City to vacate a sanitary sewer easement at 103 Alabama Avenue NW. This item was postponed until the January 12, 2010 Council meeting. ORD. 1811, REZONING 248 BROOKS STREET SE TO PUD The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA REGARDING A 3. 13± ACRE PARCEL WITH A PHYSICAL ADDRESS OF 248 BROOKS STREET, FORT WALTON BEACH, FLORIDA; AUTHORIZING THE REPLAT OF THE SUBJECT PROPERTY; REZONING THE SUBJECT PROPERTY TO THE BAY TOWNE VIEW SUBDIVISION PLANNED UNIT DEVELOPMENT DISTRICT; AND APPROVING THE DEVELPOMENT PLAN FOR THE BAY TOWNE VIEW SUBDIVISION PLANNED UNIT DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. The City Attorney announced a quasi -judicial proceeding and gave the oath to those who planned to testify. Ed Stanford, representing the applicant, advised the property was originally purchased and a Development Order was issued for a 25 -unit condo project; however, because of the market conditions financing was not available, and a plan was put together whereas the property could be sold and split into seven single family lots for seven homes to be built. However, the property cannot be subdivided without doing a Planned Unit Development ( PUD). Mr. Stanford informed the request went to the Municipal Planning Board and since then there have been some minor changes within the PUD document including two vehicle parking spaces per unit, the removal of a section on variances, and based on the City's request, the development is not limited to residential or single -family development, which will add flexibility for a mixed -use development. Samantha Abell, Senior Planner, advised a request was received from Core Engineering, the authorized agent for Sawyer and Associates, to rezone a 3. 13± acre parcel at 248 Brooks Street SE from MUW -12 to PUD for a proposed development which will consist of seven individual parcels 60 feet wide. Ms. Abell advised the property owner plans to sell the individual lots to buyers who will in turn have the right to build single -family homes according to architectural design standards established by the Homeowner Covenants and Restrictions. 24 Regular Council October 27, 2009 ORD. 1811 ( CONT) Ms. Abell advised the Municipal Planning Board held a public hearing to consider the request to rezone 248 Brooks Street SE on October 15, 2009, and recommended that City Council approve the request. As there were no objections the Staff Report was entered into the record. Ms. Abell advised the Staff Report included the amended ordinance, the amended Planned Unit Development, and the amended Covenants and Restrictions. The City Attorney explained that the amended ordinance sets forth an order of precedence from the most controlling document, which is the City's Land Development Code, to the least controlling document, which are any conditions, covenants, and restrictions properly recorded in the public records of Okaloosa County, in case of a conflict of the terms or provisions of the ordinance. Ms. Abell continued that the intent of a PUD is to use the most economical use of the land; therefore, in the future there could be a re- platting, easements, utilities, etc., all within this rezoning. Ms. Abell reminded Council that because this is a Development Order, they are approving all that is included within the PUD, and informed if in the future something needs to be amended, the applicant would need to come back to Council for the revision. The City Attorney clarified the ordinance allows any uses approved under MUW -12, that is her interpretation, and that although architectural renderings were provided, they may or may not be binding on the development of future lots, depending on how the entire unit develops and that is an issue that will have to be addressed at that time. Mr. Stanford stated if anything changes in the future, there is no problem coming back before Council, that the developers want to do what is best for the City. The