Fort Walton Beach Council agenda — 04-08-08 regular agenda — reading text

produced a nice gain for the City and was enough to pay off the entire bond. The Mayor asked for public input. There was none. Mr.Minich moved that Council accept the Annual Audit and Comprehensive Financial C11 Report ( CAFR) of the City of Fort Walton Beach, Florida, for the fiscal year ended September 30, 2007. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor.  71 Regular Council 3/ 25/ 08 QUASI -JUDICIAL AGENDA —REQUEST FOR EXTENSION, ALTAVISTA CONDOMINIUM, Mr 220 MIRACLE STRIP PARKWAY Request for a second 12 month extension of the approval of a site plan for Altavista Condominium located at 220 Miracle Strip Parkway, SW. The City Attorney announced a quasi-judicial proceeding and swore in those who planned to testify. Mike Crew of Crews Investments, applicant, advised that the recent mortgage crisis has affected the availability of funding for the project, requiring him to seek alternative financing and investors. Therefore, he is asking for a 12 -month extension to apply for a building permit, and that they are trying very hard to keep the project in Fort Walton Beach. Council received clarification that the plan is for the condo to be a mix of long -term and transient residences, and nothing has been added or changed to the project. Christy Johnson, Senior Planner, advised the extension will be until March 25, 2009; that the CRA has recommended approval of the extension; and the applicant has paid all fees. Mr. Hartwell was advised if the developer cannot get financing after this extension, they can request a third 12 -month extension. Dr. Pullen questioned whether the project meets the current codes of the City, particularly the height issue. Ms. Johnson advised it meets the requirements when the site plan was approved in 2006; it does not meet the current height standards but it is grandfathered in. As there were no objections, the Staff Report was entered into the record. The Mayor asked for public input. There was none. Mr. Minich moved to approve a second 12 -month extension of the site plan for AltaVista Condominium located at 220 Miracle Strip Parkway, SW. Mr. Holmes seconded motion. Dr. Pullen noted the Staff Report states that the site plan becomes `null and void,' and since the original approval of this plan, the project does not meet the current codes of the City and he will not vote in favor. Ms. Johnson clarified the Staff Report states the site plan becomes `null and void' if City Council does not approve the 12 -month extension, and the applicant has 12 months to apply for a building permit. Ms. Johnson continued if they do not apply they can request an extension to their site plan approval, and there is no limit to the number of extensions that can be requested by the applicant. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Hartwell, and Minich in favor and Pullen opposed. REQUEST FOR EXTENSION, ALCONESE TERERACE, 107 BROOKS STREET Request for a second 12 month extension of the approval of a site plan for Alconese Terrace located at 107 Brooks Street SE. The City Attorney announced a quasi-judicial proceeding and swore in those who planned to testify. 72 Regular Council 3/ 25/ 08 ALCONESE TERRACE, REQUEST FOR EXTENSION ( CONT) Sarah Burgess, representing the applicant, Sawdawg LLC, requested a 12 -month extension to 0 the P ro'ect 1 because of the market conditions at the present time. Council questioned whether there were any provisions for the Duggan Cottage in the plans. Ms. Burgess replied that Phase I does not affect the Duggan Cottage, and she does not have any plans for Phase II at this time. Ms. Johnson advised the CRA recommended approval of the site plan extension, and City Council approved the first extension on April 24, 2007, and the second extension will be valid until April 24, 2009: As there were no objections, the Staff Report was entered into the record. The Mayor asked for public input. There was none. Mr. Garvie moved to approve a second 12 -month extension for Alconese Terrace Condominiums, Phase I, located at 107 Brooks Street SE. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich In favor. PUBLIC HEARING AGENDA—ORD. 1755, AMENDING LDC TRAFFIC CONCURRENCY The City Attorney read the ordinance by title only. She advised a clerical correction was made, that lines 13 through 17 are deleted and changes the section numbers but has no change in the substance of the ordinance. ri AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 12. 32.02 OF THE LAND DEVELOPMENT CODE REGARDING DEVELOPMENTS WITH A DE MINIMUS IMPACT AND CODIFYING THE CURRENT PROVISIONS OF THE COMPREHENSIVE PLAN REGARDING THE TRAFFIC CONCURRENCY EXCEPTION AREA; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Samantha Abell, Planner, explained this ordinance refers to transportation concurrency and adopts specific language required by the state for adopted levels of service. The Mayor asked for public input. There was none. Mr. Minich moved to adopt Ord. 1755, with clerical changes of lines 13 through 17 being deleted. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. REGULAR AGENDA —FUTURE AGENDA ITEMS Mr. Hartwell advised that reports would be sufficient from the City Attorney on Item 5, Sunshine Law and Communications, and from the Labor Attorney and Human Resources Director on Item 7, Comments and Reprimands for Charter Officers, rather than workshop meetings. Mr. Garvie requested that Item 4, Cinco Bayou Annexation, be expanded to include any other annexation, the annexation process, or discussion in a more generic matter. The City Manager asked Council to consider adding to the list a workshop in May to discuss fire assessment fees.  73 Regular Council 3/ 25/ 08 RECYCLING DROPOFF LOCATION IN KENWOOD Discussion of adding a second recycling drop off location in the Kenwood Neighborhood Area. Tom Murray, Public Works Director, advised that Mr. Reeves requested this be discussed this evening, and noted four potential sites for a recycling drop off location in the Kenwood area. Mr. Murray stated several factors were considered in evaluating the sites, including public access and safety, site visibility and impact to other City operations, and it was determined that the most suitable site in the Kenwood area is the tennis court area off of Country Club Avenue. Mr. Reeves noted it would not be a particularly attractive site, but Mr. Murray again noted the site should be visible to the public. Also discussed was that lighting can be adjusted. Mr. Miller suggested the parking lot at the old Pines off of Country Club Avenue might be more suitable, but it was noted the area has an awkward access and is often busy with city equipment and city workers, and children as it is a public park area. Council was advised that the City makes no money on the recycling; it is a cost -avoidance issue. The Mayor asked for public input. There was none. Mr. Minich moved to approve the tennis court area off of Country Club Avenue as the most suitable site in the Kenwood area for a recycling drop -off location in the Kenwood area. Mr. Reeves seconded motion. Further discussion included the possibility of the fairgrounds as a recycling option. When questioned about the liability issue if the fairgrounds were considered, the City Attorney advised the liability was no more than any other public access. Mr. Miller noted he is a member of the Kenwood neighborhood group and he has never seen an e -mail requesting a recycling drop off location in the area. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor and Miller opposed. LETTER OF SUPPORT —MEMORIAL ON WEST JETTIES IN DESTIN Consideration of a letter of support for the Northwest Florida Military Officers' Association request to construct a memorial on or about the West Jetties of the Destin Pass, for Petty Officer Jones, a fallen Coast Guard service member. The Mayor advised he was approached by Ken Wright, a retired Coast Guard Officer, about the request and the Mayor informed Mr. Wright to bring the request before Council. Mr. Wright discussed the memorial would be placed on or about the West Jetties of the Destin Pass in honor of Petty Officer Jones, who was killed at this location during a Search and Rescue mission. He asked for a letter of support from the City in this endeavor, and advised the structure would have no adverse affect on the navigation of the waterway and would act as a light house beacon, and would be visible from the Destin Bridge. The Mayor asked for public input. There was none. Mr. Minich moved that the City send a letter of support to construct a memorial site for a fallen Coast Guard member. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. 74 Regular Council 3/ 25/ 08 RELEASE OF LIEN - 11 ELM AVENUE Consideration of release of lien on property at 11 Elm Avenue. Missy McKim, CDS Director, advised this is in reference to a code enforcement lien at 11 Elm Avenue; the total lien is $ 61, 500 and Staff is requesting a 10% pay and a waiver of the remaining lien, with the owner paying $ 6, 150.00. Ms. McKim stated there was an original code violation in September of 1999, and a repeat violation in June of 2001, with the violation corrected in October of 2001. The City Attorney advised that Council can release any lien and reduce the amount of the lien according to State Statutes. Jim Quigley, 11 Elm Avenue, property owner, explained the circumstances through the years that led to the $ 61, 500 lien, including financial difficulties and miscommunication between himself and the City staff. Council received clarification from the City Attorney that the property owner, not the renter, is responsible for all code enforcement to the property. Mr. Minich moved to remove the lien on 11 Elm Avenue SE with the condition the property owner pay $ 6, 150. 00 to cover the costs incurred by the City for this code enforcement case. Dr. Pullen seconded motion. Council discussion included that the amount can be lowered so the property owner does not lose the property; that this is a case where everyone was doing their job and now it is a decision for Council to make; that adjacent property owners need to be considered when a property is in violation; and that the $ 6, 150 fine amount is a large amount to have to pay; and that the issue