Fort Walton Beach Council minutes — 01-22-08 regular minutes — reading text

McPhee, formef president of the Beal Parkway Neighborhood Association and now a county fesident, stated he was involved in the mastef plan pfocess from the beginning and that he also supports Staff's recommendation. Pastor Scotty Thigpen of Beulah Baptist Church, also spoke in favor of the recommendation of Staff and noted the dfUg activity that occurs at the park. As there was no one else who wished to speak, the Mayor closed the public hearing. Mr. Minich moved to approve the Chester Pruitt Park Master Plan and Immediate Implementation of Phase I, including the demolition of the dugouts and restrooms. Mr. I. Reeves seconded motion. Council discussion noted that the improvements will help to resolve the problem of drugs and other illegal activities that take place in the park so the residents will be able to enjoy it; the fact that the neighborhood made their desires known to Council; and that the Police Department is in support of the recommendation of Staff. Mr. Miller moved to amend the motion to add the language UP to the budaeted amount of 100.000. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Tucker, and Minich in favor. The Mayor called for the vote on the motion, as amended, and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Tucker, and Minich in favor. BOARD/ COMMITTEE REPORTS Consideration of authorizing the Beautification CommitteelTree Board to conduct fundraising activities for beautification projects. Tom Murray, Public Works Director, discussed the desire of the Beautification CommitteelTree Board to conduct fund- raising activities for beautification projects on public lands within the City, with the initial project being the Japanese Gafden Club pfoject near the intersection of Hollywood Boulevard and Memorial Parkway. Mr. Murfay advised the Committee is looking to sponsor a fecreational fund raising run, titled the " Park 2 Pafk Run," on April 19, 2008, to coincide with Earth Day/Afbor Day. It was noted that some staff involvement would be necessary for planning and conducting the run, and if Council approves the fundraising concept, Staff will further develop the details. J. T. Edwards, Chairman of the Beautification CommitteelTree Board, was available to answer questions about the run. Mr. Minich moved to approve the Beautification CommitteelTree Board fundraising/ beautification project concept and authorize Staff to further develop the : details for administering this initiative and implement this effort in conformance with the City' s policies and procedures. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING- ORD. 1748. LANDMARK SIGNS I. The City Attorney read the ordinance by title.  291 1/ 22/ 08 Regular Council ORD. 1748. LANDMARK SIGNS { CONTI AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 12.20, DEFINITIONS, TO EXPAND THE DEFINITION OF LANDMARK SIGN; AMENDING SECTION 12. 82. 04, LANDMARK SIGNS, TO COMPLY WITH THE NEW DEFINITION; AND SETTING AN EFFECTIVE DATE. r The City Manager advised Council has an amended ordinance that strikes through Lines 36- 37, deleting the reference to obsolete signs, as follows: . . .' 191 Miracle Strip Parkway SE- Islander' s Surf & Sport monument sign and fiberglass shark; 135 Perry Avenue SE- First City Bank electronic time and temperature sign. . .' and requested a motion be made on the ordinance as amended. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1748 on seconded reading, as amended, deleting the reference to obsolete signs, ' 191 Miracle Strip Parkway SE- Islander' s Surf & Sport monument sign and fiberglass shark; 135 Perry Avenue SE- First City Bank electronic time and temperature sign. ..' Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING- ORD. 1751. PRESIDIO PUBLIC IMPROVEMENTS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY; ACCEPTING CERTAIN PUBLIC IMPROVEMENTS MADE BY PRESIDIO DEVELOPERS, LLC; ACCEPTING A ONE- YEAR WARRANTY OFFERED BY PRESIDIO DEVELOPERS, LLC; RATIFYING PAYMENT OF CONSTRUCTION OVERAGES; AND SETTING AN EFFECTIVE DATE. John Hofstad, Utilities Director, pfesented the history of the Presidio Condominium project their dating back to 2003 when the developers first approached the City about building Miracle US Highway 98. Mr. Hofstad advised that at multifamily development on Strip Parkway, that time the development could be served by an 8- inch water pipe, but with the possibility of futufe development along the Miracle Strip Parkway cOfridor, the City recommended that the water main be upgraded to a 12- inch diameter pipe. Mr. Hofstad continued that a Construction difference in matefials Agreement was developed by the City to reimburse the developer for the and labof between installing the 8- inch and the 12- inch watef main. He advised the ofiginal agreement was dfafted in August of 2005 with the diffefence in cost estimated at $ 10, 000; however the agreement was not executed. Mr. Hofstad advised that in October of 2006, a revised cost estimate was submitted to the City for the 12- inch water main at the cost of $ 16, 536.44, the inCfease due to the shafp rise of unit I"'" in construction materials. Mr. Hofstad stated Staff reviewed the revised cost estimate and prices found it to be within reason based on the current bid prices at that time. the Mr. Hofstad continued that due to the numerous delays with the development of the project, not installed until September 2007, installation of the water main was postponed, and it was when Staff requested a final estimate for the construction of the water main. Two invoices were 12- submitted by the Presidio Developers LLC: one in the amount of $ 19, 998 to install the new inch water main, and one in the amount of $ 3, 180. 25, for additional work required to avoid an unknown existing 6- inch water main. 292 Regular Council 1/ 22/ 08 ORD. 1751. PRESIDIO PUBLIC IMPROVEMENTS Mr. Hofstad reported the additional work was required because a portion of the newly installed 12- inch water main had to be excavated and reinstalled at a lower elevation to avoid an already existing 6- inch cast iron water main. Mr. Hofstad concluded that the construction of the 12- inch water main was approved by City staff on September 24, 2007, and official FDEP approval was received on December 27, 2007. 1 Because it was determined that the original Construction Agreement had not been executed or ; formally approved by City Council, Staff consulted the City Attorney who advised an ordinance would be required to accept the new water main since construction was complete. In addition, the additional cost resulting from the installation change order combined with the anticipated cost for the project exceeded the $ 20, 000 required for staff-level approval. Mr. Hofstad requested Council consideration for adoption of Ord. 1751, which accepts the new 12- inch water main serving the Presidio Condominiums into the City' s water distribution system and a one- year warranty from Presidio Developers, LLC for materials and workmanship of the 12- inch water main, and ratifies payment in the amount of $ 3, 180.25 for the additional work required from the discovery of the existing 6- inch water main. The Mayor asked if there were any questions that Council wished to ask. Dr. Pullen began by advising he went to the Utilities Department and did background research onthe issue, and while there clarified with Mr. Hofstad that Mr. Hofstad works for the City Manager, and not for the Council. Dr. Pullen questioned why this wasn' t part of the Development Order, and Mr. Hofstad discussed the fact that the project predates the development of the utilities Department, and since that time the City Engineer, Chief Engineering Technician and the CRA Planner has changed, and they were major players in the original development. Dr. Pullen questioned why there was no agreement established with the developer when discussion began. Mr. Hofstad responded the original Construction Agreement went through several iterations; from being drafted in engineering with input from CDS and the City Attorney; and it went through several different variations of that and conceptual approval from the parties involved. However, Mr. Hofstad could not answer why the agreement was never executed; he informed it is up to the developer to come to the City and execute the agreement, and the developer may have been hesitant to do so if he knew he was not going to start construction in the near future. Questioning ensued regarding the City paying to construct a sidewalk fOf the developer in the amount of $ 4. 000.00. Mr. Hofstad advised he was unfamiliar with the sidewalk situation but advised that during a portion of routing the waterline, the sidewalk had to be torn up to install the waterline. He further advised that the project had gone through the CRA budgeting process and was approved at one time for $ 28, 000, which included the sidewalk, watefline, and the change order, which was under the $ 28, 000 budgeted.