Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

Management in the not to exceed amount of $9, 500. BID 09 -123 AWARD OF RYE SEED To award Bid 09 -123, Annual Rye Grass Seed Bid, to the lowest responsive, responsible bidders, Pennington Seed and Turf Merchants, for approximately51, 000 pounds of seed that will be used b,y the Recreation and Cultural Services Department at an estimated cost of 36, 000. 00. RES. 2009 -26 -- FUNDING FOR ELECTRONIC SURVEILLANCE EQUIPMENT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE FOR ELECTRONIC SURVEIL -LANCE EQUIPMENT; AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AWARD; AUTHORIZING THE POLICE CHIEF TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. RES. 2009 -38 -- FUNDING FOR ENHANCED DUI PROGRAM A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA; ACCEPTING FUNDING THROUGH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR ENHANCED DUI ENFORCEMENT III; AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION OF ACCEPTANCE; AUTHORIZING THE POLICE CHIEF TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. QUASI- JUDICIAL —VACATION OF EASEMENT 103 ALABAMA AVENUE Vacation of Easement at 103 Alabama Avenue, requested by John Mead, authorized agent for Barber Construction Company. S:1  5 Regular Council Meeting 09 -22 -09 VACATION OF EASEMENT 103 ALABAMA AVENUE ( CONT) Samantha Abell, Senior Planner, advised she received an e -mail this afternoon from the applicant' s attorney requesting this item be continued to the next meeting. Ms. Abell explained because this is a quasi -judicial protocol is if the proceeding, normal applicant cannot attend it be continued to a date certain, and that would be Staff's recommendation. The Mayor advised he spoke with the City Manager and questioned whether the issue can be resolved by the next meeting, and if not, could it be made date specific to the second meeting in October. The City Attorney stated that seemed like a wise decision. The City Manager informed he has been working with adjacent property owners to resolve the issue and that talk has been positive but not definitive. The City Manager stated he believes a month will give the latitude needed to negotiate an arrangement. The Mayor opened the public hearing. There was none. Mr. Garvie moved to continue the issue until the regular Council meeting of October 27, 2009. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor ( Miller and Rynearson absent). ORD. 1792 —SOLID WASTE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 10. 80, SOLID WASTE, AND CHAPTER 10. 82, RATES AND CHARGES, OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. John Hofstad, Utilities Director, advised this ordinance corrects inconsistencies and outdated language which no longer applies, and adds language to standardize the document in accordance with today' s practices. The Mayor opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. 1792 on first reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor ( Miller and Rynearson absent). ORD. 1791 — AMEND COMPREHENSIVE PLAN The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY; ADOPTING THE ECONOMIC DEVELOPMENT ELEMENT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. The Mayor verified that all notice requirements have been met. Ms. Abell discussed the process for adoption of this ordinance, including recommendation of approval by the Municipal Planning Board acting as the Local Planning Agency and transmittal and review by the Florida Development of Community Affairs ( DCA). The Mayor opened the public hearing. There was none. 7- 6 Regular Council Meeting 09 -22 -09 ORD 1791 ( CO JT) Mr. Reeves moved to adopt Ord. 1791 on second reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor Miller and Rynearson absent). Council commended Staff for the time and effort put into this ordinance. CITIZEN APPOINTMENT TO VISION PLAN STEWARDSHIP COMMITTEE Appointment of a citizen to the Vision Plan Stewardship Committee. The City Clerk advised the vacancy on the Vision Plan Stewardship Committee ( VPSC) has existed since January and there is one application on file. Mr. Reeves nominated Douglas A. Pike, 124 Miracle Strip Parkway SW, Fort Walton Beach, to serve as the Citizen Representative to the VPSC for a four -year term until September 22, 2013. As there were no further nominations, the Mayor called for the vote and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor Miller and Rynearson absent). FOUNTAIN HEAD CONDOS STORM DRAIN REPLACEMENT PROJECT Amend Stormwater Capital Improvement Program ( CIP) to replace drainage system. Michael Beedie], City Engineer, explained that a 48 -inch corrugated metal stormwater pipe, owned and maintained by the City, has experienced a failure underneath the west side of the parking lot of Fountain Head Condominiums and that the manager of Fountain Head is requesting the pipe be replaced. Mr. Beedie continued that Staff has developed a project to replace 480 linear feet of the existing pipe at a not -to- exceed amount of $ 64, 000. 00. Because this project was not programmed in the five -year Capital Improvement Program, Staff is requesting the use of existing carryover funds to replace the pipe. The City Manager verified the line runs through an easement and that part of the cost is to repair the condominium parking lot after the pipe is replaced. The Mayor opened the public hearing. There was none. Mr. Nabors moved to authorize changing the Capital Improvement Program ( CIP) to include the replacement of 480 linear feet of 48 -inch corrugated metal pipe and two surface inlets within an existing drainage easement in the Fountain Head Condominiums parking lot in the not -to- exceed amount of $64,000 using carryover funds from CIP 5019 Stormwater Infrastructure. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor ( Miller and Rynearson absent). HABITAT FOR HUMANITY— CONCEPTUAL SITE PLAN, METHODIST AVENUE SE Acceptance of conceptual site plan for Habitat for Humanity Development at 108, 110 and 112 Methodist Avenue SE. Tim Bolduc, Building Official, presented a background of Habitat for Humanity's involvement with the properties located at 106, 108, 110, and 112 Methodist Avenue SE, and that on May 26, 2009, the CRA Board recommended funding up to $ 145, 000 for the purchase of the two lots for the construction of two triplex units on the property. However, shortly thereafter, the lot at 106 Methodist Avenue SE was sold to another party, and on August 11, 2009, the City Council approved use of CRA funds up to $ 45, 000 to purchase the vacant lot at 108 Methodist Avenue SE for the construction of up to five ( 5) multi -family units on three lots. 8-  7 Regular Council Meeting 09 -22 -09 HABITAT FOR HUMANITY CONCEPTUAL SITE PLAN ( CO T) At that time, Habitat expressed their plan to potentially build a duplex and a triplex on the property that would provide affordable housing for five ( 5) families and would be compatible with the older and established neighborhood of single -family homes. Mr.Bolduc informed that after meeting with the engineer hired by Habitat to discuss how to maximize the use of the property while providing legal -sized lots for the construction of up to five 5) units, Staff recommended that the maximum use of the property could be obtained through the use of the Zero -Lot Line concept as described in the City' s Land Development Code ( LDC). Mr. Bolduc explained the purpose of this concept is for more efficient use of the land, as compared with single -family development, and the use of this concept allows the greatest return on the property through the construction of the five units through smaller side setbacks. It would also allow immediate construction of two units. Mr. Bolduc discussed the Staff recommendation requesting City Council approval of the conceptual site plan submitted by Habitat for Humanity for 108, 110, and 112 Methodist Avenue SE to accommodate up to five ( 5) residential units on the property. He continued the conceptual site plan is based on the Zero -Lot Line concept as stated in Article 16. 60 of the City's land Development Code ( LDC), and a replat of the property into five ( 5) individual lots will be required. Mr. Bolduc continued that at a Special Meeting of September 17, 2009, the Community Redevelopment Agency ( CRA) discussed this request and was offered Staff's recommendation. He noted that a motion was made to approve the recommendation, but it failed for a lack of majority by a vote of 3 to 3. Mr. Bolduc advised the CRA's biggest concern was that Habitat would construct just one building and the remaining properties would be vacant, but Mr. Bolduc informed the CEO of Habitat of Humanity has stressed the recommendation can be changed to say not less than five ( 5) units, and that it has always been Habitat's intention to get the maximum use of the property with the funding and tools available. Council discussion included the CRA's concern that Habitat may construct the first two homes and not get around to building the other three; that the CRA wants to get the maximum use of every piece of property to increase property consistent with the CRA plan, the funding capabilities of Habitat; and that a zero -lot line injects compatibility into the neighborhood. The Mayor opened the public hearing. Nitsi Bennett, President and CEO of Habitat for Humanity in Okaloosa County, stated the goal of Habitat has always been to place five homes on the property, be it a triplex, a duplex, or whatever combination. Ms. Bennett stated what is being proposed is a better option as there will be five homes, the difference is they are not attached but will still house five families and will be compatible with the neighborhood. She advised the reason the zero -lot line option is beneficial for Habitat, aside from cost, is that this option will allow her to start building now as