Fort Walton Beach Council minutes — 01-08-08 regular minutes — reading text

269 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JANUARY 8, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, January 8, 2008, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: r Mayor Mike Anderson l Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, 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 Jeff Rouff with Living Hope Church gave the invocation. PLEDGE Youth members from Living Hope Church led in the Pledge of Allegiance. PROCLAMATION The Mayor presented a proclamation to the Public Works Director Tom Murray in recognition of the State of Florida Arbor Day on January 18, 2008. 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, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. CONSENT AGENDA Mr. Miller moved to remove Item 4, award from Homeland Security, and Item 5 to use CRA funds to purchase two lots, from the consent agenda. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Mr. Minich moved to approve the remaining Consent Agenda items. Mr. Garvie seconded motion. L Mr. Miller questioned the minutes and validity of the Emergency meeting held on 12- 20- 07. The City Attorney stated the meeting was held and whether or not the notice was appropriate would be a separate issue. She said she has not had her opinion requested and would give an opinion on whether or not the notice was sufficient for that meeting, but the minutes reflect what occurred at that gathering of the City Council. The Mayor noted Council is only voting on the minutes as they appear if it is a reflection of what took place at the meeting. He said the appropriate time to discuss the question would be under Mayor and Council comments.  Regular Council 1- 8- 08 270 CONSENT AGENDA cont. Mr. Minich commented he chaired that meeting and the City Attorney addressed it at that time sufficiently enough so that he would call the meeting to order. Dr. Pullen commented he questioned the validity of the meeting and was assured it was legal. He noted it was not reflected in the minutes because he questioned it before the meeting was called to order and minutes were taken, but there was a discussion to the actual prior meeting being called. The Mayor called for the vote on the motion and it carried Reeves, Garvie, Pullen, Hartwell, and Minich in favor. MINUTES Approval unanimously with Holmes, Miller, of the minutes of the Joint City Council/ Municipal Planning Board Workshop of I December 11, 2007; the Regular Council Meeting of December 11, 2007; and the Emergency Council Meeting of December 20, 2007. EMERGENCY STAND- BY GENERATORS Award Bid No. 08- 107, Purchase of Two Katolight Emergency Stand- By Generators, to the low responsive, responsible bidder for each generator: ( 1) C & 0 Agency, Covington, Louisiana, for the 75Kw generator for the bid amount of $31, 103. 00, and ( 2) CJ' s Sales and Service, Ocala, Florida, for the 50Kw generator for the bid amount of $ 25,285. 00, including optional extended warranties and spare KASSEC Engine Control Board for the 75Kw Generator. QUASI-JUDICIAL - SITE PLAN APPROVAL Consideration of a request from Jay Odom, applicant, for site plan approval to build Uptown Station Mixed Use Expansion located at 73 and 75 Eglin Parkway NE, consisting of two new buildings, 1) 45 feet tall and approximately 83, 160 square feet and 2) 40 feet tall and approximately 17, 400 square feet. The City Attorney gave the oath to everyone who expected to testify. Mr. Reeves disclosed that he rents space from the developer in a different location across the street from the Uptown Station development. Jason Carter with Uptown Station, representing the applicant Jay Odom, showed an overview of the existing Uptown Station property and the proposed development on 6. 37 acres south of the shopping center. He explained the Sherwin Williams and the Bingo Hall buildings will be demolished with the Asian King Restaurant to remain. He showed renderings of the proposed construction of a one- story 17, 400 square foot building 40' tall and a three- story 83, 160 square foot building 45' tall, with 69, 960 square feet proposed for office use and 30, 600 feet square proposed for retail use. It was questioned if there were any issues with the Taco Bell alley way. Mr. Carter replied they have not talked with Taco Bell but it is their intention to maintain Taco Bell's access to their alley. It was questioned what would happen with the the alley way vacation and explained they another portion as the alley way. City' s alley way that will become a major feed into the businesses. Mr. Carter replied they have applied to the Municipal Planning Board to discuss propose to vacate a portion of the alley and rededicate I The question was posed on the plans for the undeveloped portion south of the property. Mr. Carter replied that is a retention pond. It was questioned if the storm drainage in the middle of the property had to be replaced. Mr. Carter replied it will have to be relocated and replaced. Regular Council 1- 8- 08 271 SITE PLAN APPROVAL cont. Mr. Carter said they have been working with the City to apply for a State grant for the relocation and if the grant is unsuccessful then they will pay for it. Upon further questioning of retention and water flow into the storm drainage, Mr. Carter explained the run off water will be retained on site. He said there is no direct connection to the drain, that the water will go directly to the storm ponds and will not directly flow from the site to the drain, but the existing water that goes through the property does go to the bay. In response to a question on access to the property, Mr. Carter pointed out the vehicle access to the property on the west and east ends and where they would like to connect from the city alley on the south end, and mentioned long term plans for future access to Uptown Station once a tenant' s lease has expired. It was mentioned that Mr. Odom expressed concerns at the CRA meeting with the requirements and other desires in the staff memorandums that were incorporated into the Development Order and it was questioned whether he is satisfied with the Development Order and the recommendations. Mr. Carter expressed there were concerns discussed at the CRA meeting with the first item on the Development Order. He stated there is no objection with any of the requirements stated in the different staff memoranda but the last sentence in the paragraph that says they must submit a revised site plan is of concern. He said they would prefer to have something specific that says something has to change in the site plan and explained the reason is because the CRA Memo dated 10- 31- 07 discusses some major changes on moving buildings, etc., and he understood it was just discussion and not a conclusion, but that statement does leave that window open. Mr. Carter asked Council to approve the site plan as submitted tonight developed by Connelly and Wicker Inc., dated 10- 12- 07 and revised 11- 19- 07, and it would be their preference that the Development Order stand without the last sentence that the applicant must submit a revised site plan. The Mayor opened the floor for questions from the public. No one wished to speak. Missy McKim, CDS Director, stated the CRA Board recommended approval subject to the conditions found on page 3 of 4 of the memorandum and found in the Development Order. She said the last sentence in item 1 is referring to the technical requirements that are part of the DRC member memos that are attached to the Development Order and it is information for the applicant to know that when his building permit is submitted, all those conditions have to be met. She said they are technical conditions provided to the applicant for their information. She said the last sentence basically states that before the building permit is issued all those requirements will have to be met. She said those are Code requirements and whether that sentence is there or not, the building permit cannot be issued until those requirements are met. She thought the concern is centered on the discussion items in the 10- 31- 07 memorandum. She said those are only discussion items, they are not stated as requirements and therefore, there would not be anything that would have to be revised per