Fort Walton Beach Council minutes — 02-12-13--regular — reading text

153 a, Final Minutes -- City of Fort Walton Beach Regular Meeting of the City Council of Fort Walton Beach Tuesday, February 12, 2013 6: 00 PM 107 MimcleS r, Parkway Fort Walton eeaah, FL 3254R CALL TO ORDER 6: 00 PM Meeting was called to order on February 12, 2013 at Council Chamber, 107 Miracle Strip Parkway, Fort Walton Beach, FL. Attendee Name_ Title _ Status Arrived Mike Anderson _ _ Mayor Present Bobby Griggs Council Seat 1 Present Joyce gossom. _ Council Seat 2 Present John Mead ; Council Seat 3 Present Tre ouncil Seat 4 Present Bobby Nabors Council Seat 5 -- Present Bull Rigdon Council Seat 6 Present Dick Rynearson Council Seat 7 Present INVOCATION Rev. Roger Peadro from First Christian Church led in the Invocation. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. PROCLAMATIONS None. RECOGNITIONS None. PRESENTATIONS None. APPROVAL OF AGENDA Mr. Rigdon moved to approve the agenda as presented. Mr. Rynearson seconded motion and it carried unanimously. Ciry Couned ofFort Walton Beach Page I Printed 2114/2013  Minutes 12, 2013 RESULT: APPROVED ] UNANIMOUS] MOVER: Bull Rigdon, Council Seat 6 SECONDER: Dick Rynearson, Council Seat 7 AYES: Griggs, gossom, Mead, Goodwin, Nabors, Rigdon, Rynearson CONSENT AGENDA Mr. Nabors moved to approve the Consent Agenda. Mr. Rynearson seconded motion and it carried unanimously. RESULT: ADOPTED (UNANIMOUS] MOVER: Bobby Nabors, Council Seat 5 SECONDER: Dick Rynearson, Council Seat 7 AYES: Griggs, gossom, Mead, Goodwin, Nabors, Rigdon, Rynearson Approval Of Minutes Approval of the minutes of January 22, 2013. Approval of CRA Nuisance Abatement Grant Funding for 126 Miracle Strip Parkway SE Staff requests approval to award grant funding through the CRA Nuisance Abatement Grant Program for a demolition project located at 126 Miracle Strip Parkway SE in the amount of 26, 995. 00. Award of ITB 13 -009 for Well 49 Pump Repair and Installation Staff recommends award of ITB No. 13 -009 for Well # 9 Repair and Installation to Donald Smith Company, Inc. of Highland, Alabama in the amount of $37, 110. Approves the 2011 -2012 CDBG Consolidated Annual Performance and Evaluation Report CAPER). Each year, the City of Fort Walton Beach evaluates the effectiveness of its Community Development Block Grant (CDBG) program by producing the Consolidated Annual Performance and Evaluation and Report (CAPER) to be submitted to HUD. Grant of Utility Easement on Roberts Boulevard for 36" SSFM Staff requests approval to execute a grant of a 100 -foot wide joint utility easement from Eglin Air Force Base for the construction of the new 36 -inch sanitary sewer force main on Roberts Boulevard. Approval of the Remainder of the Pre -Construction Fee for the Recreation Center CM at Risk Contract Staff recommends approval for the remainder of the two pre -construction tasks in the contract with the City's CM at Risk firm, Lord and Son Construction for the Fort Walton Beach Recreation Complex. The remaining fee amount is $27, 637. 50. PUBLIC COMMENTS None. C, ty Cmmeil ofFon Walton Beach Page 2 Printed 2/ 14/ 2013  155 Regular Meeting Minutes February 12 2013 RESOLUTIONS --2013 -6 Support for a Trauma Center in Okaloosa County A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUPPORTING THE APPROVAL OF A STATE VERIFIED TRAUMA CENTER IN OKALOOSA COUNTY, AND SETTING AN EFFECTIVE DATE. Per the consensus of City Council on January 22, 2013, a letter of support to bring a trauma center to Okaloosa County was drafted and signed by the Mayor and forwarded to the Chief Operating Officer for Fort Walton Beach Medical Center, in response to their request. Representatives from Fort Walton Beach Medical Center contacted Mr. Griggs to request a resolution of support for the trauma center be discussed at the February 12, 2013 Council meeting. _Mr. Griggs informed resolutions of support for the trauma center have been passed by the Fort Walton Beach and Destin Chambers of Commerce, and requested that the City adopt one as well. Louisa Garcia, City resident, offered her support for a trauma center in Okaloosa County. Mitch Mongell, CEO of Fort Walton Beach Medical Center, stressed the importance of Okaloosa County as a designated site for a trauma center. Mr. Griggs moved to adopt Res. 2013 -6. Mr. Rigdon seconded motion and it carried RESULT: ADOPTED [ UNANIMOUS] MOVER: Bobby Griggs, Council Seat I SECONDER: Bull Rigdon, Council Seat 6 AYES: Griggs, gossom, Mead, Goodwin, Nabors, Rigdon, Rynearson ORDINANCES -- FIRST READING None. ORDINANCES -- SECOND READING None. APPOINTMENTS --Representatives to Canvassing Board The City Clerk advised that the Supervisor of Elections requests two representatives to serve on the Canvassing Board for the City election on Mach 12, 2013. She noted that in the past the City Clerk and a council member not up for reelection is appointed. Mr. Griggs volunteered to serve. Mr. Rynearson moved to appoint the City Clerk and Mr. Griggs to serve on the Canvassing Board at the City election on March 12, 2013. Mr. Rigdon seconded motion and it carried unanimously. 0 , Co M of Fort Walmn Beach Page 3 Printed 2 /142013  Minutes 2013 RESULT: APPROVED [ UNANIMOUS] MOVER: Dick Rynearson, Council Seat 7 SECONDER: Bull Rigdon, Council Seat 6 AYES:. Griggs, gossom, Mead, Goodwin, Nabors, Rigdon, Rynearson Case # 12 -10 -DA Consideration of a Development Agreement Application for Landmark Center The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. He also asked if any member of Council would be abstaining from the vote on this matter. Mr. Griggs and Mr. Mead advised they would abstain from voting due to business relationships with interested parties and/ or the representation of clients involved with the matter. The City Attorney advised since both Mr. Griggs and Mr. Mead abstained from voting on the issue, they will not participate in discussion; therefore, they do not need to announce any ex -parte communications. The City Manager further informed that several e -mails to councilmembers were forwarded to the City Clerk and are being entered into the record. The City Attorney asked that Council advise of any ex -parte communications regarding this issue. Dr. gossom advised she received several e -mails which she forwarded to the City Clerk. She also had conversations via telephone or in person with Mrs. Spain, Rev. Sansom and Mr. Galmeyer; she advised she listened and took notes but did not give an opinion one way or another. The Mayor also forwarded e -mails to the City Clerk and stated he received two phone messages earlier in the day which he did not have the opportunity to reply to. Mr. Goodwin also forwarded e -mails to the City Clerk, City Manager, and City Attorney, and documented conversations he had either by phone or in person. Mr. Nabors stated he has numerous phone conversations with individuals but has not received any a -mails regarding the matter. Mr. Rigdon advised he has had conversations with Mr. Lord and Charlene Greenwald. Mr. Rynearson stated he has forward a -mails to the City Clerk. He also had a face to face conversation with Rev. Sansom, and received phone messages from Cissy Wyninegar and Lili Hill. The City Attorney confirmed that these conversations or a -mails in no way influenced Council regarding the Landmark Center. The Mayor announced the applicant presentation. Michael Crew, representing the applicant, Ft. Walton Development Partners LLC, asked that Staff be allowed to give their presentation at this time if Staff is agreeable. Staff was agreeable to giving their presentation at this time. CPy Council of Fort Walton Beach Page 4  157 Regular Meeting Minutes February 12 2013 Tim Bolduc, Engineering/ Utilities Director, advised this was the second of two public hearings on the matter and discussed the differences between the agreement that was presented on January 22, 2013 and the agreement presented this evening. The current agreement includes 1) addressing, in some form, each of the requirements of the Memorandum of Agreement approved with the Development Order; 2) requiring the City to pay up to $ 1, 751, 128 for 32 parking spaces and various other incentive programs and provides options to purchase an additional 195 spaces as funding allows for the remainder of the CRA life; 3) requiring the Developer to maintain the deck at their expense in perpetuity; 4) addresses the date for annual payments of executed options to coincide with CRA funding dates; 5) allowing for the flexibility to purchase spaces as funding is available and property values increase; and 6) allowing the City to exercise all rights associated with the ownership of any purchases spaces to include charging for parking as should the need arise. Mr. Bolduc also informed that discussions with the applicant are ongoing and advised of changes in the agreement since the agenda was posted, including adding a reverter clause in Section 27; the addition of a 3 - year completion date in Section 34; and the addition of