Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

and two there is a family desperate for the home, the volunteers are ready to start building, individual homes can be built now. Council questioned whether the zero -lot line will cause any fire concerns. Mr. Bolduc advised there are no concerns with fire restrictions, that the distance between buildings is 10 feet and that is consistent with Florida Building Code and was taken into consideration when the zero -lot line was being considered. Mr. Garvie confirmed that Ms. Bennett is in agreement with the zero -lot line option and is not being pressured into anything. Ms. Bennett reiterated this option will allow her to build right away. NI  09 -22 -09 Regular Council Meeting HABITAT FOR HUMANITY CONCEPTUAL SITE PLAN ( CONT) As there was no one else who wished to speak, the public hearing was closed. Mr. Holmes moved approval of the conceptual site plan submitted by Habitat for Humanity for 108, 110, and 112 Methodist Avenue SE to accommodate up to five ( 5) residential units on the property. The conceptual site plan is based on the Zero -Lot Line concept as stated in Article 16. 60 of the City' s land Development Code ( LDC), and a replat of the property into five (5) individual lots will be required. Mr. Garvie seconded motion. Mr. Holmes stated that Council has wanted Staff to move projects along as quickly and responsibly as possible and they have done so with this project, and he commended Staff for -- their time taken with Habitat. Mr. Garvie stated he feels this is the best alternative and is a win -win situation for the neighborhood. Mr. Nabors stated he will support this motion although he originally voted against funding the lot, but feels this will maximize the use of the property with the funding available and feels it is a good alternative for the neighborhood. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor (Miller and Rynearson absent). WINTER SCHEDULE FOR CITY COUNCIL Setting a winter schedule for the City Council for November and December 2009. Discussion included the fact that canceling the second meeting in November could possibly result in a special meeting, or could result in a large agenda for the December 8 meeting. Mr. Reeves moved to hold the regularly scheduled Council meetings of November 10 and November 24, 2009, and December 8, 2009, and to cancel the Council meeting of December 22, 2009. Motion was seconded by Mr. Holmes and carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor (Miller and Rynearson absent). ANNUAL REVIEW /LANDMARK CENTER Annual Landmark Center Development Agreement Review. Mr. Beedie stated this item was placed on the agenda at the request of the City Council in August to perform an annual review between the City and the developers of the Landmark Center. Mr. Beedie advised the Staff Report includes a history of the development, including the proposed parking garage, and Mr. Beedie turned discussion over to Council and stated the developers are here to answer any questions. Mr. Reeves advised the Staff Report contains exactly the information he had asked for and commended Staff on the report. Mr. Reeves noted Sec. 2. 1 of the Staff Report which states that the development agreement should be reviewed and discussed at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. Mr. Reeves stated that Council did not have enough information the last time the Landmark was discussed, but the staff report shows that the developers have not followed through on all of the items that were part of the original agreement. Mr. Reeves advised he would like to hear the feelings of his fellow Council members about the performance and time frames involved, and stated that some of the issues require good faith on the part of the developers and those have not been adhered to. 10-  l Regular Council Meeting 09 -22 -09 ANNUAL REVIEW /LANDMARK CENTER (CCNT) The City Manager stated the direction from Council was for Staff to give a report on the status of the development agreement and this has been done. The Mayor questioned what can be done to remedy the issue. The City Attorney informed that the Council could simply cancel the development order, or the developer can ask for a modification to the agreement or site plan or whatever else their intended plan is. She stated that to her knowledge, no application for an amendment to the site plan or to change anything on the property has been received by the City. The City Attorney explained this is a review based on discussion, and if Council wants to extend the agreement it would be an extension, or if there are other reasons for modifying the development agreement it would be more time intensive for the developer. Council questioned whether the developer would like to continue the development agreement as is or with modifications, and what Council can do so Staff can be directed to start modifying the agreement. Bruce Houle of the Landmark Center advised he would like to continue the development agreement as is or with modifications, and that after the last meeting he sent revisions to the agreement and met with the City Manager and City Attorney who recommended a review be done before any changes were made. Mr. Houle advised they have arranged to submit an application for transient lodging rather than the planned condominiums, and that discussions have occurred regarding reducing the payments from five years to two years and allowing the development to be phased in instead of building simultaneously. Mr. Houle continued that it is not the intent of the developers to build a parking garage and nothing else, but that the financial crisis has slowed things down and they are working to make the project work. He noted the importance of an anchor tenant for the development and once one is secured the project can be started and built or phased in, depending on the size of the anchor tenant. Also discussed was the caution regarding the phasing of the project and the desire for the full corner to be utilized; the lack of support for transient lodging by the downtown community; the fact that the loss of the collateral assignment earlier this year is one of the reasons why the garage is not built; and that the City needs a formal application from the developers to get the project underway. Further discussion included Council making it clear it is the job of the developers to come to Council with what they want, and not Council, City Staff, or the City Attorney having to go after the developers and asking them what they want; that a good faith effort is needed and to move forward with the formal application process and get on the CRA and MPB agenda. Also discussed was whether changing funding of the garage from 5 years to 2 years is critical to the project and Mr. Houle responded it was. Ken Wright, 159 Brooks Street, and a major investor in the Landmark, received clarification that the development agreement is in default and it needs to be addressed. CITY MANAGER REPORTS The City Manager advised that Res. 2009 -32 adopted by Council on August 25, 2009, for Enhanced DUI Enforcement did not include the language authorizing the City Manager to sign the contract. He requested a motion from Council to authorize him to sign the contract with Coban Technologies, Inc. that is within Res. 2009 -32. 10 Regular Council Meeting 09 -22 -09 CITY MANAGER REPORTS ( CONT) Mr. Holmes moved to authorize the City Manager to sign the contract with Coban Technologies, Res. 2009 -32. Inc. that is within Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor ( Miller and Rynearson absent). The City Manager also informed he contacted the offices of Sen. Gaetz and Rep. Sansom requesting they appear before Council later this year to discuss their insights as to the prospects for the upcoming legislative sessions, and noted that major topics are offshore drilling and property taxes. He advised he will let Council know of the dates when he confirms them with both offices. MAYOR/ COUNCIL COMMENTS Mr. Holmes thanked Staff for following Council' s direction and making decisions to make upcoming projects happen. Mr. Reeves echoed Mr. Holmes' statement, and that Mr. Beedie assisted him greatly in several of the items on tonight' s agenda. Mr. Reeves announced the opening of Phase II of Uptown Station. Mr. Garvie reported he attended a conference on Florida in the Sunshine and that it was an excellent conference and he learned a lot. Mr. Patterson offered his thoughts that he appreciates the smoothness that City Staff is working with the Council. The Mayor acknowledged the hard work from the Finance Staff getting the budget prepared, but stated he was disappointed with the lack of participation from the citizens; he attended the Chamber Dr. HC White Golf Tournament and received rave reviews on the condition of the golf course; attended the Boys and Girls Club Celebration at the Conference Center and the Striving for Perfection Mentoring Telethon; attended the Northwest Florida League of Cities Dinner where offshore drilling, insurance, and transportation funding are top priorities for lobbying; he 80th attended the ribbon cutting for the new building at Uptown Station; he attended the birthday party for Bull Rigdon at the Fairgrounds; and thanked the City employees who participated in the united Way Day of Carina. ADJOURNMENT There being no further business, the meeting adjourned at 7: 40 pm. APPROVED: MAYOR: ATTEST: CITY CLERK Ive 12-  CITY COUNCIL MEETING October 13, 2009 Consent Agenda Approval of the SHIP ( State Housing Initiatives Partnership) Annual Reports from the Okaloosa County Development Corporation for their fiscal years 2006 -07, 2007 -08 and 2008 -09, and authorization for the Mayor to sign the Certificate of Regulatory Reform activities Synopsis: Requirement by Florida Housing Finance Corp. to accountfor allfunds spent in the three year period Agenda Item Number: 3. 2  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Timothy Bolduc, CBO, Building Official Through: Michael D. Beedie, P. E., City Engineer Date: October 5, 2009 Subject: State Housing