Fort Walton Beach Council minutes — 04-14-09 regular minutes — reading text

Library's handicap scooter maintenance expense. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 BUDGET TO MAKE CERTAIN AMENDMENTS TO APPROPRIATIONS OF CITY FUNDS TO PAY FOR LIBRARY SCOOTER REPAIRS; AND PROVIDING AN EFFECTIVE DATE. GENERAL PUBLIC Jeff Main, 75 Waynell Circle, discussed his concern regarding Council protocol and conduct and the alleged use by a Councilman of using the forum as a " bully pulpit" in an attempt to influence new Council members, and his plans to review documents with two other citizens and raise a flag if they find unnecessary requests from Council members. ORD. 1785: EXTEND VALIDITY OF CURRENT DEVELOPMENT ORDERS Ordinance 1785 temporarily preempting Section 13.202.D of the Code of Ordinances to extend validity of current Development Orders to March 30, 2012. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, TEMPORARILY PREEMPTING SECTION 13. 202. 13 ( A/ K/A 13. 20. 1) DEVELOPMENT ORDER AND BUILDING PERMIT GUIDELINES AND SECTION 13. 312. 1- 1 ( A/ K/A 13. 30. 12. 1- 1), EXPIRATION OF APPROVAL, OF THE LAND DEVELOPMENT CODE TO EXTEND VALIDITY OF CURRENT DEVELOPMENT ORDERS TO MARCH 30, 2012; PROVIDING THAT THIS ORDINANCE SHALL NOT BE CODIFIED; AND PROVIDING AN EFFECTIVE DATE AND SUNSET PROVISION. The Acting City Manager recalled at the last Council meeting that City Council postponed the request for two site plans extensions as they realized the ordinance would be brought forward in the near future. He mentioned it was scheduled to appear before the CRA and MPB at their April meetings but neither Board was able to have a quorum at their meetings so the ordinance was placed on the agenda before City Council for first reading. He said City Council has the choice of directing it to the MPB and /or the CRA. He said this ordinance does not really affect the Land Development Code and will not be incorporated into it as it is a temporary measure. He said it is City Council' s choice, if they adopt it on first reading, to direct it to the MPB or the CRA for their review and input. Regular Council 4 -14 -09 157 ORD. 1785 cont. The City Attorney acknowledged it would need a motion to send it to the MPB. She explained the reason it was brought forward as it came up in January from staff and the ordinance was fashioned so that basically all it is doing is extending the Development Orders and it is not making any changes to the Land Development Code, it is not changing anyone' s site plans. She said the idea of granting the benefit to the seven developments that are pending would mean it could go forward without a recommendation from the MPB or the CRA simply because it is really not within their purview to review those items. She said they did not have a quorum at the last meetings so it came forward. She said it is not really required to come with a recommendation from them but Council has that choice, and it would take a motion either way because it is here on first reading. The Mayor opened the public hearing. Janet Wilson, 368 Gardner Drive, stated as Chairman of the Municipal Planning Board respectfully requested Ordinance 1785 be sent back to the Planning Board for review and feedback. She said the Planning Board serves as an advisory board to Council on planning issues and she thought Council deserves to have their input before moving forward on this ordinance. As no one else wished to speak the public hearing was closed. Mr. Reeves moved to re- direct Ordinance 1785 to the Municipal Planning Board and the CRA. Mr. Patterson seconded motion. Brief discussion included comments that the Board' s input is appreciated; and it was asked if the Board could bring information with the names of the developments that would be covered by the ordinance, date of original approval, and whether those projects meet current City Codes and if not, which ones, and a recommendation whether a review of the Eglin height limitations is in order. The City Attorney advised in the exhibit attached to the ordinance in the backup are seven of the plans with those dates of approval. She said there is one development that does not meet the current height requirements of the current Land Development Code but it did at the time it was approved. She said this ordinance would not be the vehicle to re- address those development orders if they choose to because the two pending from the last meeting Council has approval authority and can either grant those extensions or deny them. She said if Council wants to have them brought back they would need to make a motion to take them off the table and bring them back to Council the next time. She said this ordinance is really not at all to address that because that would be a quasi -judicial hearing on each of them and every one affected by the Development Order would be noticed and they would be here. There was some question whether there would be time to direct the ordinance to the Boards and still meet the date the two projects were postponed on their requests for extension or whether that date would need to be extended. Missy McKim, Development Services Director, recalled the two site plans before Council for 12th. extensions were postponed until May She said the MPB and CRA meet the first week in May so 12th 26th. the ordinance will not come to Council for first reading until May then second reading on May She said she and the City Attorney had that discussion and because those projects are in progress either staff would ask Council to extend them again until the ordinance caught up with it or continue it. The City Attorney said Council would continue the Alta Vista discussion and the Alconese Terrace discussion for another meeting. She confirmed that discussion would need to be an agenda item for the next meeting. There was some discussion on whether the ordinance could be adopted on first reading with second reading held after the Board' s meeting. 158 Regular Council 4 -14 -09 ORD. 1785 cont. Mr. Holmes moved to amend the motion to adopt Ordinance 1785 on first reading and to postpone second reading until after the CRA and MPB Board make recommendations. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. The Mayor called for the vote on the motion as amended to adopt Ordinance 1785 on first reading and to redirect Ord. 1785 to the MPB and CRA Boards with second reading postponed until after the CRA and MPB Boards review and make recommendations and it carried by a vote of 6 to 1 with Holmes, Miller, Garvie, Nabors, Patterson, and Rynearson in favor and Reeves opposed. MAYOR PRO -TEM Consideration of a Council member to serve as Mayor Pro Tern from April 1, 2009 through March 31, 2010. Mr. Miller nominated Bill Garvie. The Mayor called for the vote on the nomination to appoint Bill Garvie as Mayor Pro-Tern from April 1, 2009 through March 31, 2010 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ECONOMIC DEVELOPMENT COUNCIL REPRESENTATIVES Consideration of Council representatives to the Economic Development Council ( EDC) from April 1, 2009 through March 31, 2010. Mr. Holmes nominated Virgil Miller as the representative. The Mayor called for the vote on the nomination to appoint Virgil Miller as representative to the Economic Development Council ( EDC) from April 1, 2009 through March 31, 2010 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. Mr. Holmes nominated Bill Patterson as the alternate. The Mayor called for the vote on the nomination to appoint Bill Patterson as alternate to the Economic Development Council ( EDC) from April 1, 2009 through March 31, 2010 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. TOURIST DEVELOPMENT COUNCIL REPRESENTATIVES Consideration of Council representatives to the Tourist Development Council (TDC) from April 1, 2009 through March 31, 2010. Mr. Reeves nominated Bobby Nabors as the representative. Mr. Miller nominated Bill Garvie as the representative. The Mayor called for the vote on the nomination to appoint Bill Garvie as representative to the Tourist Development Council and it failed with Miller and Garvie in favor. The Mayor called for the vote on the nomination to appoint Bobby Nabors as representative to the Tourist Development Council ( TDC) from April 1, 2009 through March 31, 2010 and it carried with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor. Regular Council 4 -14 -09 159 TDC REPRESENTATIVES cont. Mr. Reeves nominated Mike Holmes as the alternate. The Mayor called for the vote on the nomination to appoint Mike Holmes as the alternate to the Tourist Development Council ( TDC) from April 1, 2009 through March 31, 2010 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. HEAD START BOARD REPRESENTATIVES Consideration of Council representatives to the Headstart Board from April 1, 2009 through March 31, 2010. Mr. Holmes nominated Dick Rynearson as the representative. The Mayor called for the vote on the nomination to appoint Dick Rynearson as the representative to the Headstart Board from April 1, 2009 through March 31, 2010 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. Mr. Reeves nominated Virgil Miller as the alternate. The Mayor called for the vote on the nomination to appoint Virgil Miller as the alternate to the Headstart Board from April 1, 2009 through March 31, 2010 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. OKALOOSA COUNTY LIBRARY COOPERATIVE REPRESENTATIVES Consideration of Council representatives to the Okaloosa County Library Cooperative from April 1, 2009 through March 31, 2010. Mr. Holmes nominated Bill Garvie as the representative. The Mayor called for the vote on the nomination to appoint Bill Garvie as the representative to the Okaloosa County Library Cooperative from April 1, 2009 through March 31, 2010 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. Mr. Miller nominated Dennis Reeves as the alternate. The Mayor called for the vote on the nomination to appoint Dennis Reeves as the alternate to the Okaloosa County Library Cooperative from April 1, 2009 through March 31, 2010 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. OKALOOSA HOUSING PARTNERS REPRESENTATIVES Consideration of Council representatives to the Okaloosa Housing Partners from April 1, 2009 through March 31, 2010. Mr. Reeves nominated Bill Garvie as the representative. The Mayor called for the vote on the nomination to appoint Bill Garvie as the representative to the Okaloosa Housing Partners from April 1, 2009