Fort Walton Beach Council agenda — 04-28-09 regular — reading text

/investment activity between Northwest Florida and the Varmland region. Abby Brown, middle school art teacher at Liza Jackson School described how the students' knowledge and cultural awareness has broadened through the design of banners of other nations for the tennis tournament. She said this year the sixth grade art class designed banners to send to their sister class in Kristinehamn and they hope to continue interacting with their sister class. Dr. Rita Crider, University of West Florida ( UWF) expressed the University's full support of the collaboration between the City of Fort Walton Beach and Kristinehamn. She mentioned as a result of the collaboration and with the objective of promoting friendship between the two countries and the two cities and developing educational programs, UWF proposed an Academic Agreement with a University about 20 minutes from Kristinehamn to do an exchange of students and faculty. The Mayor explained he presented this for Council to decide whether or not to go forward with the sister city relationship, and whether or not to participate in the Entrepreneurial Days in Savannah next week, and in the summer a trip to Kristinehamn to exchange proclamations. He noted the Savannah trip will have an associated $ 499 registration fee expense, and the travel to Kristinehamn will have an associated travel expense ( approximately $ 2, 000). He mentioned it was expressed to him that they would like a City representative at the E -Days and at this point the only issue to address is the $ 499 registration fee and the travel to Sweden can be addressed at another time. Discussion included questions on what information the City could present, and whether a representative from the EDC and the Chamber of Commerce is going to E -Days. Ms. Rasmussen mentioned that the Chamber of Commerce could provide promotional information and the EDC also has information available. She explained the EDC is not going because they do not have the funding in their budget but added they would be happy to assist. Regular Council 4 -14 -09 155 SISTER CITY cont. Further discussion included support expressed on pursuing the Sister City relationship and a cordial exchange of opinions between those who did not support and those who did support paying the $ 499 registration fee for the trip to Savannah. Comments were expressed that the City should not be responsible for promoting Northwest Florida, that the City also has a tight budget, that the trip to Savannah would be better addressed by the Chamber of Commerce; and when the economy is bad is when more advertising is needed. Mr. Garvie moved to support the registration fee ($ 499) and that the Mayor represents the City at E- Days ( Entrepreneurial Days in Savannah). Mr. Patterson seconded motion. During discussion it was commented that the City cannot afford to promote the entire area; that the City is a member of the Chamber of Commerce and the EDC and that is their profession; it was commented that it is a good opportunity to put the City out in front of a large community; it was commented that the City has received plenty of exposure lately; it was commented there is no need to travel somewhere to try to get a small business to open here when there are businesses here that need help; it was commented that the Mayor should go, and that someone from the Chamber should go with the Mayor; and it was commented that the right people are needed to promote the area. The Mayor called for the vote on the motion and it failed by a vote of 3 to 4 with Garvie, Nabors, and Patterson in favor and Holmes, Miller, Reeves, and Rynearson opposed. APPROVAL OF AGENDA Mr. Reeves moved to withdraw Item 14.5 discussion regarding the Role and Responsibilities of City Council and Mayor from the agenda. Mr. Rynearson seconded motion. Mr. Miller disagreed with the withdrawal of the item from the agenda and explained the reason he requested the item on the agenda. The Mayor called for the vote on the motion and it carried by a vote of 5 to 2 with Holmes, Reeves, Garvie, Nabors, and Rynearson in favor and Miller and Patterson opposed. The Mayor noted the request from the CRA Chairman to postpone item 14.6 until May 12th. Mr. Miller 12th agreed to postpone until May item 14. 6 discussion regarding Council to declare itself the Community Redevelopment Agency Board of Commissioners and utilize existing CRA Board Members as a downtown advisory group. Mr. Reeves moved to approve the agenda as amended with Item 14.5 withdrawn and Item 14.6 12t`'. postponed until May Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. BOARD /COMMITTEE REPORTS Code Enforcement Board report —Chairman Horn. Paul Horn, Code Enforcement Board Chairman, gave a report on the code enforcement activities of the past year which included a review of the primary activities of the Board with the authority to impose administrative fines for code violations, order liens for failure to satisfy a code violation or pay a fine; and the type of code violations that appear before the Board, the number of Orders issued and the amount of fines and fees collected. CONSENT AGENDA Mr. Reeves moved to approve the following Consent Agenda items. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. 156 Regular Council 4 -14 -09 MINUTES Approval of the minutes of the Regular Council Meeting of March 24, and the Special Meeting of April 1, 2009. ONE ( 1) 132 NICHE COLUMBARIUM WALL Award one ( 1) 132 Unit Niche Columbarium Wall to the lowest responsive, responsible bidder, Gulf Coast Wilbert, for a total cost of $55, 500. RES. 2009 -11: TRANSFER FUNDS FROM BEAL MEMORIAL CEMETERY PERPETUAL CARE Resolution 2009 -11 provides for a budget amendment to account for the transfer of funds from the Beal Memorial Perpetual Care Fund to fund the construction of the niche wall. 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 IMPROVEMENTS TO BEAL MEMORIAL CEMETERY; AND PROVIDING AN EFFECTIVE DATE. RES. 2009 -12: TRANSFER FUNDS FROM HARVEY TRUST FUND Resolution 09 -12 provides for a budget amendment to account for the transfer of funds from the Harvey Trust Fund to fund the 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, discussedhis 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. D ( 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.  4 -14 -09 157 Regular Council 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