Fort Walton Beach Council agenda — 08-26-08 regular agenda — reading text

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 217 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 THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF THE REAL PROPERTY PLATTED AS A PUBLIC PARK AND SITUATED AT 28 METHODIST AVENUE, SE, FORT WALTON BEACH, FLORIDA; PROVIDING CITY COUNCIL AUTHORITY AND APPROVAL OF THE TRANSFER OF THE PROPERTY TO THE FORT WALTON BEACH HOUSING AUTHORITY; AUTHORIZING AND DIRECTING CLOSING BY THE MAYOR 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 project 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 needed 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 AGENDAFUTURE 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 PKWY STORMWATER DRAINAGE IMPROVEMENT PROJECT The Mayor read the resolution by title. RESOLUTION OF THE CITY OF FORT WALTi N BEACH, FLORIDA, ACCEPTING A FUNDING THROUGH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION THE EGLIN PARKWAY STORMWATER DR kINAGE IMPROVEMENT PROJECT; FOR AUTHORIZING THE CITY MANAGER TO EXEC JTE THE FUNDING AGREEMENT; AUTHORIZING THE CITY MANAGER AND A DES. GNEE 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 3rd Advertising of Fort Walton Beach to construct the 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 corner 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 3rd Advertising =- of Fort Walton Beach to construct the 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. al., Okaloosa County Case No. 2008 -CA -3749. jThe 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 handle the new foreclosure case. The Mayor opened the floor for public input. As there was none public input was closed. Dr. Pullen moved 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. al., Okaloosa County Case No. 2008 -CA -3749. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent).  Regular Council 8 -12 -08 214 RES. 08 -32, LIEN AT 207 FLORIDA PLACE The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, IMPOSING A LIEN ON THE PROPERTY AT 207 FLORIDA PLACE, FORT WALTON BEACH, FLORIDA, FOR THE COSTS OF ABATEMENT OF NUISANCE PURSUANT TO SECTION 5. 05. 08 OF THE CODE OF ORDINANCES; AND SETTING AN EFFECTIVE DATE. Missy McKim, CDS Director, reported this will impose a lien to cover the cost of the demolition of the building at 207 Florida Place which was a major nuisance to the City and they did go through the nuisance abatement process. She said the cost was a total of $9, 497. 00 which covers the cost of the asbestos survey, demolition and the administrative fees the City incurred. Staff requested Council - approve the resolution. The Mayor opened the floor for public input. As there was none public input was closed. Mr. Minich moved to adopt Res. 08 -32. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). RES. 08 -25, CDBG BLOCK GRANT FUNDS The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE SUBMISSION OF THE ANNUAL ACTION PLAN AND AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT AGREEMENT; PROVIDING THE EFFECTIVE DATE THEREOF. Missy McKim, CDS Director, reported the grant allotment for FY 08/ 09 is $ 141, 267. 00 and the Citizens Advisory Committee reviewed the request for the public service funds and the overall allocation of the grant allotment. She went over the recommended allotment and requested approval of the resolution. Dr. Pullen disclosed he is Council representative to Headstart. Mr. Reeves moved to adopt Res. 08 -25. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). RES. 08 -29, FLORIDA SUNSHINE LAWS The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUPPORTING AN AMENDMENT TO FLORIDA' S CONSTITUTION TO REQUIRE THE LEGISLATURE TO OPERATE UNDER THE FLORIDA SUNSHINE LAWS, AND SETTING AN EFFECTIVE DATE. There was some discussion on whether anyone had talked with the legislators to receive their thoughts on whether or not it will put hamstrings on the legislators to operate under the Sunshine Laws. Dr. Pullen moved to adopt Res. 08 -29. Mr. Reeves seconded motion and it carried by a vote of 4 to 1 with Holmes, Reeves, Pullen, and Minich in favor and Garvie opposed ( Miller and Hartwell absent). Regular Council 8 -12 -08 2`15 RES. 08 -24, EQUAL RIGHTS AMENDMENT The Mayor read