Fort Walton Beach Council minutes — 04-22-08 regular minutes — reading text

feels the amendment for $ 25. 00 for a resident is reasonable, as it would be for unlimited use, and that non- residents who use City facilities should pay a fee. Mr. Holmes agreed this amendment gives an opportunity for the residents to have a little benefit for living in the City and questioned whether it would be a burden to issue stickers. Mr. Peters advised the current plan is for residents and non- residents to purchase stickers at Customer Service at City Hall, and he is working with the IT Director on the type of stickers. The City Attorney advised it is her opinion that if the amendment passes, the ordinance would need to go back to first reading because it is a huge distinction between the original, and it would allow Staff more time to look into what other implications to distinguish between residents and non- residents, and the original motion to adopt would be void. The Mayor asked for the vote on the amendment and it failed by a vote of 2 to 3 with Pullen and Minich in favor and Holmes, Reeves, and Garvie opposed ( Miller and Hartwell absent). 106 Regular Council 04- 22- 08 ORD. 1760 ( CaNT) The Mayor advised the ordinance stands as presented. The Mayor called for the vote on the motion to adopt Ord. 1760 on second reading and it failed by a vote of 2 to 3 with Holmes and Garvie in favor and Reeves, Pullen, and Minich opposed Miller and Hartwell absent). PUBLIC HEARING. ORD. 1759. PROPORTIONATE FAIR SHARE MITIGATION The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY; AMENDING CHAPTER 12. 32, CONCURRENCY, VOLUME IV OF THE LAND DEVELOPMENT CODE OF THE CITY OF FORT WALTON BEACH, BY ADOPTING SECTION 12. 32. 11, ENTITLED PROPORTIONATE FAIR SHARE MITIGATION, ADOPTING PROVISIONS FOR PURPOSE AND APPLICABILITY; ESTABLISHING GENERAL REQUIREMENTS FOR AN APPLICANT DEVELOPER TO SATISFY TRANSPORTATION CONCURRENCY REQUIREMENTS BY MAKING PROPORTIONATE FAIR SHARE CONTRIBUTION; PROVIDING FOR INTERGOVERNMENTAL COORDINATION; ESTABLISHING AN APPLICATION PROCESS AND METHOD FOR DETERMINING PROPORTIONATE FAIR SHARE OBLIGATIONS AND IMPACT FEE CREDITS FOR MITIGATION; AUTHORIZING PROPORTIONATE FAIR SHARE AGREEMENTS; PROVIDING FOR APPROPRIATION OF AND ACCOUNTING FOR FAIR SHARE REVENUES; PROVIDING FOR PROPORTIONATE FAIR SHARE ASSESSMENT IN TRANSPORTATION CONCURRENCY EXCEPTION AREAS, TRANSPORTATION CONCURRENCY MANAGEMENT AREAS, AND MULTIMODAL TRANSPORTATION DISTRICTS; PROVIDING FOR CROSS JURISDICTIONAL IMPACTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Samantha Abell, Senior Planner, explained that proportionate fair-share can be utilized when a developer has applied for a development order and fails concurrency due to level of service standards. She explained the ordinance would come into play when an applicant fails transportation concurrency, and would allow a local government to enter into an agreement with the developer to amend the capital improvement program to allow for funding the segment of roadway for the developer to go through the concurrency process and continue with their project. Ms. Abell advised the MPB voted unanimously for the ordinance at their meeting of March 20, 2008, and recommended staff look into a city-wide assessment of the level of service standards in relation to proportionate fair share. The Mayor opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. 1759 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). REGULAR AGENDA- FUTURE AGENDA ITEMS The City Manager pointed out the request from the Mayor to expand the Protocol Guide to include the duties of Mayor and Council members and staff proposes Council address the Protocol Guide at the June 17th Charter Review workshop. Consensus was to schedule discussion of the Protocol Guide for the September or October workshop meeting.  107 Regular Council 04- 22- 08 RES. 08- 16- APPLICATION FOR CONSTRUCTION PROJECTS. TPO The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA; AUTHORIZING APPLICATION FOR CONSTRUCTION PROJECTS CONSISTENT WITH THE POLICIES OF THE OKALOOSA WALTON TRANSPORTATION PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. Ms. Johnson advised that two projects remain unfunded on the Transportation Planning Organization' s ( TPO) Transportation Enhancement Funding list, and this resolution allows them to be resubmitted and forwarded to the TPO to remain on the priority list until funding becomes available. The projects being resubmitted are 1 ) crosswalks at Mooney Road and Lewis Turner Boulevard; and 2) Wright Parkway sidewalk, construction of approximately 3450 feet of sidewalk on Wright Parkway to fill in gaps on both sides from Mary Esther Cutoff on Highway 98. Mr. Minich moved to adopt Res. 08- 16. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). RES. 08- 19. PROPERTY FOR SOUND SIDE MIXED- INCOME HOUSING PROJECT The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, PURSUANT TO SECTION 166. 0451, FLORIDA STATUES ( 2007), FINDING THAT THE CITY OF FORT WALTON BEACH, FLORIDA, HAS PROPERTY THAT IS APPROPRIATE FOR USE AS AFFORDABLE HOUSING; AND SETTING AN EFFECTIVE DATE. Missy McKim, CDS Director, advised that Sound Side project is a proposed 200 unit multifamily, mixed income housing project. The project is proposed by the Fort Walton Beach Housing Authority ( FWBHA), the property owner, in partnership with HomeCorp, Inc., the developer. She explained that what is before Council are the necessary steps to provide the foundation for Sound Side to come before Council with a rezone to a Planned Unit Development ( PUD) for the project, and noted this is the first affordable workforce housing project since discussion has begun on the need for affordable housing. Ms. McKim informed there are five actions that must occur for the project to begin: 1) Approve an action plan for approval of Sound Side; 2) Approve Res. 2008- 19 finding that the City has a 2. 7 acre piece of property that is appropriate for use as affordable housing; 3) Agree to declare as excess and dispose of City owned 2. 7 acre park property at 28 Methodist Avenue SE: 4) Direct Staff to amend the Comprehensive Plan Future Land Use Map from REC to MDR for the 2. 7 acre city owned property; and 5) Agree to be co- applicant with the Housing Authority to rezone the City property and Housing Authority property to PUD. The City Manager stated, for the record, that the Housing Authority, and not the City, has maintained the 2. 7 acres of property for as long as can be determined. The City Manager also informed that the Greg Chapel Church, which has property adjacent to the development, has worked out an agreement with the developer on parking, so that is no longer an issue. Ms. McKim stated her feeling that the project will be an asset to the City and will enhance the Beal Parkway neighborhood. Council received clarification that the property is subject to ad- valorem taxes, and will be similar to the Payment in Lieu of Taxes which the Housing Authority requests for every year. 108 Regular Council 04- 22- 08 RES. 08- 19 ( CaNT) Lloyd Strickland of HomeCorp Inc., the developer, expressed his excitement of the project and presented a rendering of the completed project. The Mayor asked for public input. There was none. Mr. Minich moved to adopt Res. 08- 19. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). Upon questioning from Council, Mr. Strickland explained that families displaced during the rebuilding process will be given vouchers by HUD and relocated, and if they desire to return to the development, the developer will pay to have them return and they will receive a voucher for the same assistance they are receiving now. The Mayor asked for a motion to approve the action plan/ timeline for Sound Side. Mr. Minich moved to approve the Action PlanlTimeline for Soundside; for the City to be a co- applicant with the Housing Authority to the rezoning of this property to PUD affordable housing; and to direct Staff to amend the Comprehensive Plan to change the Future Land Use Map ( FLUM) from REC on the City' s 2. 7 acres to MDR by ordinance. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). DECLARE 28 METHODIST AS EXCESS PROPERTY Consideration of a request for Council Approval to declare the 2. 7 acres of City- owned property at 28 Methodist as excess and approve disposal of the property per Section 2. 00. 05 of the Code of Ordinances. The City Attorney requested the words ' at a negotiated sale' be added since it is going straight to negotiated sale with the Housing Authority and will not be put out for bid. Mr. Minich moved to declare the 2. 7 acres of property at 28 Methodist Avenue as excess and approve disposal of the property per Section 2. 00. 05 of the Code of Ordinances at a neaotiated sale. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). RECESS The meeting recessed at 9: 15 p. m. RECONVENE The meeting reconvened at 9: 22 p. m. CONTRACT FOR ARCHITECTURAL DESIGN REGULATIONS- DAG ARCHITECTS Consideration of a request for City Council to authorize the negotiation of a contract for architectural design services for the development of illustrated architectural design regulations with the top- ranked firm, DAG Architects, for a not to exceed amount of $ 95, 000 as defined in RFP 08- 110, and for the City Manager to execute a contract. Missy McKim, CDS Director, explained that the development of architectural design