Fort Walton Beach Council minutes — 02-09-16--regular — reading text

x wy:r w. F;- v w^ FinaI Minutes City of Fort Valton Beach Regular Meeting of the City Council of Fort Walton Beach Tuesday, February 9, 2016 6: 44 PM lo M GIe su p kti ay Fort Walton Beach, FL 32548 CALL TO ORDER 6: 00 PM Meeting was called to order on February 9, 2016 at Council Chamber, 107 Miracle Strip Parkway SW, Fort Walton Beach, FL. a .£-' M C- r:-,"-.-,=. 5=§-'—"` " Title`: q."'" r-' .."`, . '_`"--'.,.-_-:---" _'+. z.,++ Attendee Name_* rs g.,,,- ,, 3= Status Arrived,,,_- Mike Anderson Mayor Present Scott Smith Cauncil Seat 1 Present Diane Keller Council Seat 2 Present John Mead Council Seat 3 Present Mike Holmes Council Seat 4 Present Amy Jamieson Council Seat 5 Present MG Moran Council Seat 6 Present Dick Rynearsan Council Seat 7 Present INVOCATIQN Pastor Charles Sansom Sr. of Family of Faith Community Church led in the Invocation. PLEDGE OF ALLEGIANCE APPROVAL C1F AGENDA The vote on the motion ta a prove the agenda as presented carried unanimously. RESULT: ADOPTED [ UNANIlYIOUS] MOVER: Diane Keller, Council Seat 2. SECONDER: Amy Jainieson,,Council Seat 5 AYES: . Smith, Keller, Mead, Holmes; Jamieson, Moran; Rynearson CONSENT AGENDA The vote on the motion to approve the Consent Agenda carried unanimously. RESULT: AD.QPTED [UNANIMOUS] IVIUVER: Amy:Jainiesan; Council Seat 5 - SECONDER: Dick Rynearson, Council Seat' 7 AYES: Smith; Keller, lVlead;. Hblmes, Jamieson, Nloran, Rynearson . 4 Page ! Printed 2t1112Q16 Ciry Council af F' ort Walton Beach Regular Meeting Minutes February 9, 2016 Minutes Approval of the minutes of the City Council Regular Meeting Tuesday, January 2b, 2016. PUBLIC COMMENTS None. QUASI JUDICIAL HEARINGS The City Attorney announced a quasijudicial proceeding and gave the Oath to those who pianned to testify and confirrned there was na ex- parte communication, and read the ordinance by title. 1933 Vacate ROW at 223 Miracle Strip Parkway SE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVI] 1NG FOR AUTHORITY; PROVIDING FOR FINDINGS QF FACT; PROVIDING FOR THE VACATION AND ABANDONMENT OF RIGHT-OF- WAY AT THE SOUTHWEST CORNER OF PERRY AVENUE SE & FIRST STREET SE AND MORE PARTICULARLY DESCRIBED 1N THE ORDINANCE, AND FRQVIDING FOR AN . EFFECTIVE DATE. The City Manager advised that the ordinance pravides for the vacation of the right-af-way at the southwest carner of Perry Avenue SE and First Street SE to accommodate the Landmark Center. He presented background infarmation on the property, known as the ' triangle', beginning in 1999 when the Cauncil approved an agreement ta accept a deed from the property owner ta the City for use of the right- af-way for the " Around- the- Mound"' project. The City Council Meeting Minutes for April 27, 1999 stated the ' triangle' would return to the ariginal awner within twelve 2) months if the " Around-the- Mound" project was nat completed. Hawever, the recorded deed does nat include a reverter clause. Also, the " Around-the- Maund" praject never occurred. In June of 2Q14, a new Development Order was approved for the Landmark project, and the triangle in question was identified as City property on the Demolition Plan but not identified on the site As a condition of the approved Development Order, proof of ownership af the plan. triangular property is required to issue a building permit, as the developer is prapasing a small portion of the project to be located inside the ' triangle.' In a conversation with the previous owner, they asserted their right ta awnership of the ' triangle' per the City Council Meeting Minutes from 1991. Also in question is whether or nat the property serves a public purpase. Shauld the Council determine that the property does not serve a future pubiic use, vacation af the right-of-way is possible. The attorney for the applicant provided a legal opinian that, should the right-of-way be vacated, the current owners of the adjacent be the rightful recipient. The apinion letter property wouid asserts that Live Work Plan is the only adjacent property owner and therefore, wouId be the rightful recipient. Discussion ensued as to whether the property in question serves a public purXrose now or at any time in the future.The City Attorney advised that a motion to determine public purpase should be made priar to determining legal rights. Ciry Counci! of Fort Walton Beach Page 2 Printed 211II2016  CCiT>" 4 ar}: 1'..- L;-' T.. i-S Y' 7i Regular Meeting Minutes February 9, 2016 The vote on the motion that there is no future public purpose for the triangular piece of property located at the southwest corner of Perry Avenue SE and First Street SE carried by a vote of 6 to 1, with Keller opposing. RESULT: ADOPTED [ 6 TO 1]_ ; - . MO.VER: Amy Jamieson,-Council Seat 5 SECONDER: Mike Holmes,-Council Seat 4 AYES: Sinith, Mead, Holmes, Jamieson, Moran, Rynearson NAYS: Diane Keller The vote on the motion to table Ordinance 1933 until the February 23, 2016 Council meeting camed unanimously. At the February 23, 2016 meeting, the City Attorney will report the status of the negotiations between the two parties, and the discussion of the disposition of the property will continue. RESULT: TABLED-[UNAPTIMOUS] Next: 2/ 23/ 2016. 6: 00 PM MOVER: Amy.Jamieson, Council Seat 5 _ SECONDER:' MG-Morari, Couricil Seat b AYES: Sinith, Keller, Mead, Holmes; Jamieson, Moran, Rynearson RESOLUTIONS 2016-3 Support of TDC Funding for Public Safety Services A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, EXPRESSING SUPPORT FOR STATE LEGISLATION AUTHORIZING THE EXPENDITURE OF TOURIST DEVELOPMENT TAX REVENUES FOR INCREASED PUBLIC SAFETY SERVICES 1N COASTAL COUNTIES; AND PROVIDING AN EFFECTIVE DATE. The Mayor read Resolution 2016- 3 by title. The City Manager explained this resolution expresses the City's support for a proposal by the legislature to allow local flexibility in the expenditure of tourist development tax revenues for the option to utilize funds for increased public safety services in Coastal Counties. The vote on the motion to adopt Resolution 2016- 3 carried unanimously. RESULT: ADOPTED [ UNANIMOUS] . MOV.ER: Dick Rynearson; Council=Seat 7 SECONDER: John Mead, Council Seat 3 AYES: Smitli; Keller, Mead,.Holmes, Jamieson, Moran, Rynearson - ACTION-DIRECTION-DISCUSSION Third Amendment to Sound Side Interlocal Agreement The City Manager reported the Third Amendment to the Sound Side Interlocal Agreement closes out the City's partnership with Sound Side and addresses all of HL1D' s comments, finalizes the City' s contribution to $ 380, 118. 32 from the CRA Fund, and sets forth one single payment per year to the City from the property owner in the amount of$ 28, 487. 72. The City Manager noted this was addressed earlier before the CRA Board of Commissioners. City Council of Fort Walton Beach Page 3 Printed 2/ ll/20/ 6 Regular Meeting Minutes February 9, 2016 The vote an the rnotion to authorize the Mayar to execute the Third Amendment ta the Interlacal Agreement with the Fort Walton Beach Housing Autharity and Sound Side Apartments, LLC far the Sound Side Apartments develapment, and to authorize minar revisions to the Third Amendment to the Interlacal Agreement,