Fort Walton Beach Council agenda — 05-27-08 regular agenda — reading text

Department of Transportation Roadside Beautification Assistance Grant, regarding Beal Parkway and Memorial Parkway medians.  Regular Council 5 -13 -08 134 QUASI -JUDICIAL —ORD. 1754: REZONE PROPERTY AT 739 LOVEJOY ROAD The City Attorney read the ordinance by title. h AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF PROPERTY LOCATED AT 739 LOVEJOY ROAD, FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; MAKING FINDINGS OF FACT; REZONING PROPERTY FROM C -2 GENERAL COMMERCIAL DISTRICT TO MUCC -2 MIXED USE COMMUNITY COMMERCIAL DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; AND SETTING AN EFFECTIVE DATE. OATH The City Attorney gave the oath to all individuals who expected to speak. EX -PARTE DISCLOSURE There was no ex -parte disclosure that needed to be made. PRESENTATION The applicant was not present. Samantha Abell, Senior Planner, reported there were no changes since first reading and submitted the staff report for the record. The Mayor Pro Tem opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1754 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Reeves, Pullen, Hartwell, Minich, and Garvie in favor (Miller absent). QUASI -JUDICIAL —ORD. 1752: VACATE PORTION OF PUBLIC ALLEY The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY AND FINDINGS OF FACT; VACATING, ABANDONING, DISCONTINUING AND CLOSING THAT PORTION OF PUBLIC ALLEY AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND WHICH LIES EAST OF HIGHWAY 98/ EGLIN PARKWAY AND IS ACCESSIBLE FROM STAFF DRIVE; ACCEPTING A DEDICATION OF PUBLIC ACCESS FROM CRYSTAL BEACH DEVELOPMENT COMPANY OF NWF, CRYSTAL BEACH DEVELOPMENT OF DESTIN, LTD., AND 99 EGLIN LTD., AND THEIR SUCCESSORS AND ASSIGNS; ACCEPTING AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FROM CRYSTAL BEACH DEVELOPMENT COMPANY OF NWF, AND 99 EGLIN LTD, AND THEIR SUCCESSORS AND ASSIGNS; AND PROVIDING AN EFFECTIVE DATE. OATH The City Attorney gave the oath to all individuals who expected to speak. EX -PARTS DISCLOSURE Mr. Reeves disclosed he rents from the developer but he has not spoken with him about the issue. PRESENTATION Laura Brown, representing Crystal Beach Development, was available to answer any questions. Samantha Abell, Senior Planner, reported there were no changes since first reading and submitted the staff report for the record. The Mayor Pro Tem opened the public hearing. As no one wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1752 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Reeves, Pullen, Hartwell, Minich, and Garvie in favor (Miller absent). Regular Council 5 - 13 -08 135 PUBLIC HEARING —ORD. 1759: PROPORTIONATE FAIR SHARE MITIGATION The City Attorney read the ordinance by title AN ORDINANCE OF THE CITY 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 AND FOR PURPOSE 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, reported there were no changes since first reading. The Mayor Pro Tem opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Hartwell moved to adopt Ord. 1759 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Pullen, Hartwell, Minich and Garvie in favor (Miller absent). PUBLIC HEARING —ORD. 1758: AMENDING COMP PLAN TEN -YEAR WATER SUPPLY PLAN The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING DIRECTIONS — THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008; PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES; PROVIDING FOR AUTHORITY; ADOPTING TEXT AMENDMENTS TO THE INFRASTRUCTURE ELEMENT RESULTING FROM LEGISLATIVE MANDATES REGARDING TEN -YEAR WATER SUPPLY PLAN; ADOPTING TEXT AMENDMENTS TO THE INFRASTRUCTURE ELEMENT; COASTAL MANAGEMENT AND CONSERVATION ELEMENT; INTERGOVERNMENTAL COORDINATION ELEMENT, CAPITAL IMPROVEMENT ELEMENT, AND FUTURE LAND USE ELEMENT TO ACCOMMODATE PROVISIONS AND REQUIREMENTS OF THE TEN -YEAR WATER SUPPLY PLAN; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The City Attorney.received confirmation for the record that all notice requirements have been met. The Mayor Pro Tem gave an explanation on the procedure that will be followed. Samantha Abell, Senior Planner, explained the ten year water supply plan is mandated by the State to be incorporated into the Evaluation and Appraisal Report of the Comprehensive Plan. John Hofstad, Utilities Director, briefly discussed the city' s water supply system, the projected population estimates, and future water source availability. The Mayor Pro Tem opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Hartwell moved to adopt Ord. 1758 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Pullen, Hartwell, Minich, and Garvie in favor (Miller absent).  Regular Council 5 - 13 -08 136 FUTURE AGENDA ITEMS 3rd The City Manager suggested a special workshop be held on Tuesday, June to discuss and receive from staff 10t' an update on a Fire Assessment Fee and a Stormwater Utility Fee, and on Tuesday, June before the regular Council meeting hold a special workshop to discuss the golf club. There was no objection from Council. Mr. Holmes requested Council consider holding a Special Council meeting or have an agenda item at the next Council meeting to consider a motion he will bring forward to hire a Finance Director, and he will entertain a motion to authorize the Mayor to negotiate a contract with Ms. Brandy Wunker. There was some question on the status of process. The City Manager stated the Committee has not convened to review the applications. She commented of the applications she had read that Ms. Wunker meets the qualifications, and in other instances the City tries to promote from within and believed it would be a good opportunity. There was some discussion on letting the process run its course and the question on the next step in the procedure. The City Manager explained the next step will be for staff to conduct staff level interviews of the top ranked candidates then bring the top three candidates to Council for consideration and interview if they chose. Mr. Holmes clarified he will notify the City Manager to ask for an agenda item at the next meeting. RES. 08- 10: ADOPTING THE 2008 EAR The Mayor Pro Tem read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH ADOPTING THE 2008 EVALUATION AND APPRAISAL REPORT FOR THE CITY OF FORT WALTON BEACH COMPREHENSIVE PLAN; STATING THE INTENT OF THE CITY TO AMEND THE COMPREHENSIVE PLAN BASED UPON RECOMMENDATIONS CONTAINED IN THE REPORT; APPROVING TRANSMITTAL OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 163. 319 1, FLORIDA STATUTES; AND SETTING AN EFFECTIVE DATE. Samantha Abell, Senior Planner, stated the Evaluation and Appraisal Report represents a major planning effort. Ms. Abell directed Council' s attention to a necessary change mentioned on page two of the staff report that alludes to Ord. 1704 on page 40 of the report. Ms. Abell noted the ordinance was first brought to Council in April 2006 for first reading, and anticipated after transmittal to the Department of Community Affairs (DCA) bringing it back to Council for adoption. She said upon review of Ord. 1704 and looking at the minutes, staff did transmit the ordinance to DCA in May 2006 then in September DCA issued a report with comments. She reported the comments addressed an aviation easement that would require coordination with Eglin and Hurlburt, and also required data and analysis that was not possible at that time as they were coordinating at that time with the County and other municipalities with a Joint Land Use Study. She said they feel at this time they are now at a place with the Joint Land Use Study where they are able to address some of the data and analysis that the State was looking for and pointed out a minor correction to page 40 where they propose to strike out reference to the Comprehensive Plan Amendment. She said at this time staff feels they are able to address some of the data and analysis that the State was requesting and will amend Ord. 1704 to bring back before Council. She asked Council, with that one change, to adopt the Evaluation and Appraisal Report so they are able to transmit it to the State at this time. Dr. Pullen received assurance that there were no changes to height limitations. The City Attorney received confirmation that all notice requirements have been satisfied. The Mayor Pro Tem opened the floor for public comment. As there was none public comment was closed. Mr. Minich moved to adopt Res. 08- 10. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Pullen, Hartwell, Minich, and Garvie in favor (Miller absent).  Regular Council 5- 13 -08 137 RES. 08 -18: FDLA FUNDING FOR URBAN COMMUNITY POLICING The Mayor Pro Tern