Fort Walton Beach Council agenda — 04-10-2007 regular agenda — reading text

stated her legal opinion that it has to be either a land use and zoning use change or a Development Agreement or a Development Order change. She stated a Development Order is being presented before Council to be accepted; therefore, at the very least a fee for a DRC Review should have been charged. The City Manager noted the DRC Review meeting came into effect in 2003; the City Attorney clarified that Res. 2003- 07 enacted the DRC fee. Dr. Pullen stated in his opinion the package given to the CRA Board to review for consideration did not contain current drawings, including a Foundations survey dated December 12, 2006, even though the information states the foundation survey shows that the proposal meets the minimum setback requirements of 10' from mean high water line. Dr. Pullen contends the survey does not show that it meets the 10' minimum requirements. Dr. Pullen moved that the City Council not consider this issue and that it be returned to the CRA to reconsider and brought forward in a proper manner, and that the CRA receive all backup material so they can make an informed recommendation to City Council. Mr. Patterson seconded motion. Mr. Tucker expressed his feeling that the project move forward, and questioned whether a delay would cost the developer money. The Mayor asked the applicant if he would like to respond. The City Attorney advised a motion ~" is on the floor that is not relevant to the applicant, but the Mayor stated no public comment has been received and the applicant should have the opportunity to comment on what is being said by Council. Mr. Minich clarified that what is being discussed is whether it should be sent back due to a lack of information, and then input can be received. Mr. Tucker asked to disregard his question.  2'1' 9 03~27~07 PRESIDIO SITE PLAN ( CaNT) The Mayor called for the vote on the motion that the City Council not consider this issue and that it be returned to the CRA to reconsider and brought forward in a proper manner, and that the CRA receive. all backup material so they can make an informed recommendation to City Council and it carried by a vote of 4 to 3 with Patterson, Tucker, Pullen, and Hartwell in favor and Holmes, Campbell, and Minich opposed. The City Attorney advised the motion will continue the case for the City Council until the CRA j has made a second recommendation. Mr. Tucker advised he voted progressing with the project. incorrectly; he does not want to stop the developer from The City Attorney advised it is her opinion the motion will not stop the development; it will only stop work on the issue of the swimming pool, that further development can continue on the remainder of the site. Blinn Van Mater, Architect for the Presidio project and representing the applicant, advised that the action just taken by Council will definitely cost the developer money, that the developer lost the ability to build a pool in the wintertime and is paying a premium to have a pool built, and that the services of the formwork contractor were lost because the City told them to stop work. Mr. Van Mater stressed the project is not substantially different in any way that was originally. submitted, and wanted to refutiate the dimensions given by Dr. Pullen on how far the wall is off the mean- high water line. REGULAR AGENDA- GENERAL PUBLIC Chris Gibson, 249 Brooks Street, mentioned the violation of the ADA Codes as a result of various development projects taking place that block the sidewalks and inhibit a pedestrian- friendly, walking downtown. The CDS Director advised of actions being taken to address the sidewalk at the Joe and Eddie' s site and the Public Works Director discussed the ADA compliance review for projects being done in the rights- of-way, as well as citizen' s concerns and requests. Bill Garvie, 315 Shell Avenue, commented on the bravery of the Fire Department he witnessed first- hand when a 98- year old home he owned burned this afternoon. Blinn Van Mater, 11 Bay Drive SE, questioned the procedure taken on the Presidio issue when a Councilmember indicated he misunderstood the motion and wanted to change his vote and wished to know where it stood. It was explained the Council member decided not to change his vote and there was no motion to reconsider. Millie Thrush, 316 Sudduth Circle, mentioned the importance of temporary sidewalks for the safety of pedestrians during construction and reconstruction. l ACCEPTANCE OF CAFR Consideration of accepting the Annual Audit and Comprehensive Financial Report for the City of Fort Walton Beach, Florida, for the fiscal year ended September 30, 2006. Angela Balent, O' Sullivan Creel LLP, presented the annual audit and reviewed highlights of the CAFR to Council, and was available to answer any questions that Council might have. 220 03- 27- 07 RECESS The meeting recessed at 9: 00 p. m. RECONVENE The meeting reconvened at 9: 10 p. m. Mr. Tucker was absent. ACCEPTANCE OF CAFR ( CO NT) Mr. Minich moved to accept the Comprehensive Annual Financial Report ( CAFR) for the fiscal year ended September 30, 2006. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Pullen, Hartwell, and Minich in favor Tucker absent). o FLORIDA FOREVER GRANT FUNDING AGREEMENT Consideration of a request to approve and accept a Florida Forever Funding Agreement between the Northwest Florida Water Management District and the City of Fort Walton Beach for installation of four stormwater pollutant separators as part of the Lower Choctawhatchee Bay Stormwater Initiative. Ifapproved, staff requests Council authorize the Mayor to execute the agreement. John Hofstad, Utilities Director, advised the City received word it has been approved for a grant in the amount of $ 306,435. 00 for the construction cost for the Lower Choctawhatchee Bay Stormwater Initiative, which consists of designing, installing, and perpetually maintaining four stormwater pollutant separators within the incorporated boundaries of the City. The proposed projectssites are Hollywood Blvd Drainage Basin, Brooks Street Drainage Basin, Liza Jackson Drainage Basin, and Garnier' s Drainage Basin. Mr. Hofstad advised the City will be responsible for costs totaling $ 60, 100. 00 for the design, permitting, engineering, and surveying needed for the project, which are not funded through the grant award, and that the City has sufficient funding to cover these costs. Mr. Tucker returned to the meeting from the recess. Mr. Patterson moved to approve and accept a Florida Forever Funding Agreement between the Northwest Florida Water Management District and the City of Fort Walton Beach for installation of four stormwater pollutant separators as part of the Lower Choctawhatchee Bay Stormwater Initiative. Also, to authorize the Mayor to execute the agreement. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. GOLF CLUB RESTARUANT LEASE RENEWAL- TWO TREES Consideration of a request to authorize the City Manager to execute an extension amendment to the City of Fort Walton Beach Golf Club Food and Beverage Lease. Jim Frazier, Golf Club Administrator, requested an extension amendment to the lease between ~ the City and Two Trees Restaurant for an additional five- year period. Mr. Frazier advised that Staff is requesting an amendment that will give the Golf Club exclusive use of the Veranda area during specific hours for use duringtournaments and league play. Mr. Frazier advised that as it is now, the Two Trees Restaurant has sole rights to the Veranda area and the Golf Club has lost tournaments because of conflicts with events scheduled by Two Trees. Saras Taveprungsenukul ( Mr. T.), President and CEO of Northwest Florida Facilities and in Management, Inc., informed he has operated the Two Trees facility for the past five years the best interest of the City, and stated his feeling that the City and the corporation work together in scheduling.  221 03- 27- 07 TWO TREES RENEWAL ( CONT) He cited there is sometimes a miscommunication when scheduling events, but feels these issues can be worked out. Mr. T. requested the amendment regarding exclusive use of the Veranda area by the City be removed. Council confirmed with Mr. T. that he understood the amendment was only during specific hours for use duringtournaments and league play, and Mr. T. confirmed he understood that provision. J The City Manager advised that the exclusivity language was requested by Mr. Frazier who felt it was necessary to ensure he could continue to have tournaments without being interrupted in to a conflict, and informed there has been some miscommunication in scheduling over regards the last year or two. Mr. Frazier stated that at times he was advised by the restaurant that special functions were scheduled for a particular night or weekend, and that he had to turn down requests from golf tournaments, but then no special function had occurred. He further advised that tournaments have to be sent to the fairgrounds for their food and beverages after their event. Mr. Frazier wanted to state that as an enterprise fund, the golf course depends on tournaments for making the fund profitable, and questioned whether Two Trees is part of the golf course or if the golf course part of Two Trees. .... c. '~ an event. Mr. T advised that he always checks the City' s log for the restaurant before booking Mr. Minich moved to authorize the City Manager to execute the lease extension for the : that City of Fort Walton Beach Golf Club food and beverage lease, to include provision a the Golf Club has exclusive use of the Veranda area during specific hours for use during tournaments and league play. Mr. Campbell seconded motion. Discussion included the idea of