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

applicant, for a third 12 month extension of the approval of a site plan for Alta Vista Condominium located at 220 Miracle Strip Parkway, SW. The City Attorney gave the oath to those who planned to testify. Mike Crew, Crews Investments, representing the applicant, advised that during this economic time it is difficult for a development to obtain financing and even if they did, the market is slow and developments are difficult to sell. Mr. Crew discussed a bill being considered by the Senate Select Committee which would automatically renew developments for three years, although it is not yet in place to help his current situation. Mr. Crew mentioned he recently constructed a small two -story office building on Highway 98 for his employees, and he is finding it difficult to lease the second floor of an office building on the main street of the city. Mr. Crew requested additional time for him to build a quality project in the City at a time when the economy in the entire country improves. Discussion included the height of the project and that it would not interfere with the mission of Eglin. Christy Johnson, Planner, advised the project consists of a nine -floor building which will include office space on the first three floors and resort residential condominium units on the top six floors. Ms. Johnson continued that the Development Order was originally approved by City Council on March 28, 2006; the order was extended on March 7, 2007, and March 25, 2008, and Staff recommends approval of an extension through March 25, 2010. Ms. Johnson informed the project meets the new adopted code except for the height, which is 92. 6 feet, and 70 feet is currently allowed. Discussion ensued regarding whether a policy is in force that states how many times a project can request and be given extensions. The Mayor questioned whether the City is looking at the three -year review being considered that other cities have been granted. The City Attorney advised she has drafted an ordinance that would extend seven of the current development plans for an additional three years, and Staff is expected to bring it forward for first reading the first meeting in April. 144 Regular Council 03/ 24/ 09 ALTA VISTA (CONT) She also advised that at any time Council does not want to approve a project again, it is not approved, and there is really no policy stating this. Mr. Garvie questioned if it would be an option for Council to put this project, and the following project (Alconese Terrace) on hold until after Council has an opportunity to consider the three - year option, without any penalties to the developers. The City Attorney advised that would be an option and there would be no penalties because the way the ordinance is drafted it will extend the development orders for a specific period of time, and the site plans are annotated and listed in the ordinance and will effect only those projects that are pending at this time. The City Attorney also advised the ordinance is drafted in such a way it would extend a project from the date of Council approval and would give a project three years from the date the ordinance is approved. As there were no objections from the applicant, the Staff Report was entered into the record. The Mayor opened the public hearing. Bill Patterson, Council- elect, 35 Anastasia, stated this is the fourth extension for this project and it is difficult in the entire country to obtain financing, and that maybe it is time to kill this project and bring in a new project that can obtain financing and get approved. As there was no one else who wished to speak, the public hearing was closed. Mr. Garvie questioned whether an appropriate motion would be to postpone approval of the two projects on the agenda until the time Council votes on the proposed ordinance that will extend developments for three years. The City Attorney advised the issue is whether or not the motion is to continue or table; if the motion is to table the project would have to be re- noticed and would require the applicant and staff to bring it back. She explained the way the ordinance is drafted the applicant does not have to do anything; the site plans will be automatically approved. Mr. Garvie moved to continue the request for an extension of the approval of the site plans for Alta Vista Condominium located at 220 Miracle Strip Parkway SW and the Alconese Terrace located at 107 Brooks Street SE, until the Council meeting of May 12, 2009. Mr. Minich seconded motion. Clarification was given that the development orders for the two projects will not expire and there is no penalty to the developers with Council extending the date. Council discussion included the pros and cons of extending the two projects being considered this evening. The Mayor called for the vote on the motion and it carried by a vote of 4 to 2 with Holmes, Reeves, Garvie, and Minich in favor and Miller and Pullen opposed ( Hartwell absent). QUASI- JUDICIAL AGENDA —EXTENSION REQUEST— ALCONESE TERRACE Consideration of a request from Sara Burgess, property owner, for a third 12 month extension of the approval of a site plan for Alconese Terrace located at 107 Brooks Street, SE. Sarah Burgess clarified for the record that she is the agent for the property owner, not the property owner as stated in the report, and had no objections to the Staff Report.  145 Regular Council 03/ 24/ 09 ALCONESE TERRACE ( CONT) As there were no objections, Ms. Johnson entered the Staff Report into the record. Mr. Garvie moved to continue the request for an extension of the approval of the site plans for Alta Vista Condominium located at 220 Miracle Strip Parkway SW and the Alconese Terrace located at 107 Brooks Street SE, until the Council meeting of May 12, 2009. Mr. Minich seconded motion and it carried by a vote of 4 to 2 with Holmes, Reeves, Garvie, and Minich in favor and Miller and Pullen opposed ( Hartwell absent). PUBLIC HEARING AGENDA—ORD.- 1781, FIRE CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 3. 20, FIRE CODE, OF THE CODE OF ORDINANCES; RESOLVING CONFLICTS WITH FLORIDA FIRE PREVENTION CODE BY DELETING OBSOLETE AND INCONSISTENT LOCAL AMENDMENTS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Fire Chief Mike Dutton advised no changes have been made since first reading. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Garvie moved to adopt Ord. 1781 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). REGULAR AGENDA —FUTURE AGENDA ITEMS The Acting City Manager advised he had nothing to add at this time. 14th Mr. Miller asked that two items be added to the April agenda: 1) Roles and Responsibilities of Councilmen and the Mayor; 2) amending City Charter to re- establish the City Finance Director as a Charter Officer under the functional control of the City Council with delegation administrative control to the City Manager for job assignments and normal daily supervisory office activities. Mr. Minich moved to remove Item 2 as a future agenda item. Mr. Holmes seconded motion. Mr. Minich stated that Council went through a charter review that lasted a year and the issue of the Finance Director was voted on three months ago, and it does not need to be voted on again just because of a change in Council. Mr. Holmes stated his agreement that the issue was voted on and the vote should not be questioned. Mr. Miller stated the need for control within the financial undertakings of the City and that direct access to the Finance Director without going through the City Manager is imperative. The Mayor called for the vote on the motion and it carried by a vote of 4 to 2 with Holmes, Reeves, Garvie, and Minich in favor and Miller and Pullen opposed ( Hartwell absent). 146 Regular Council 03/ 24/ 09 FUTURE AGENDA ITEMS ( CONT) 14th Mr. Miller continued and asked that these items be added to the April City agenda: 3) Council declare itself to be the governing body of the CRA and existing Board of Commissioners can be reconstituted as an advisory committee for downtown; 4) briefing /explanation on why Fort Walton Beach should not be rotating the auditors for the City's financial operation, i. e. Annual Audit ( this item can be scheduled for a later date); 5) terminate the City's relationship with the current labor attorney Mike Mattimore and initiate the process to engage a new labor attorney. Mr. Minich suggested that the Future Agenda Items be eliminated from future agendas and that any Council member can bring anything they want to the agenda but should include backup material to include reasons and information so the Council can study the issue and be prepared to make informed decisions. It was noted the Future Agenda Items started as items to be placed on workshop agendas, and since workshops are no longer scheduled there is no need for the agenda item, and it is always the prerogative of Council members to place an item on an agenda at any time. Mr. Reeves agreed that background material is needed and he takes offense to some of Mr. Miller's comments. Mr. Miller advised he plans to present pertinent information on each of his suggested items for the April 14 meeting; what he presented this evening was merely the topics he wished to be considered. Mr. Holmes stated that there is research to be done and that City Staff can answer many of his concerns, and the items should not have been presented in such an embarrassing way before the Council. Mr. Minich moved to remove the Future Agenda Items and items included from future Council agendas, and that any items to be put on the agenda will be submitted in writing by Council members with full backup. Mr. Reeves seconded motion. Mr. Miller called a point of order, asking the City Attorney if the motion was valid under Roberts Rules of Order. The Mayor advised he was the parliamentarian and asked what the question was on the point of order. Mr. Minich advised that all questions on the point of order should be addressed to the Chair. Mr. Miller asked if the motion was according to Robert Rules, and the Mayor advised it was a valid motion as far as the Chair was concerned and that he made that ruling. Mr. Reeves and Mr. Holmes again stated that they would support the motion and the Mayor clarified the motion was to remove the Future Agenda Items permanently from future agendas. The Mayor called for the vote on the motion and it carried by