Fort Walton Beach Council minutes — 01-22-13 regular — reading text

145 Final Minutes — City of Fort Walton Beach Regular Meeting of the City Council of Fort Walton Beach Tuesday, January 22, 2013 6: 00 PM 109 Mlraelc std, Parkoay Fog Wagon Beach, FL 32548 CALL TO ORDER 6:00 PM Meeting was called to order on January 22, 2013 at Council Chamber, 107 Miracle Strip Parkway, Fort Walton Beach, FL. Mike And Mayor I Present.. Bobby Griggs Council Seat 1 Present Joyce gossom _ Council Seat 2 Present Trey Goodwin Council Seat 4 Present Bobby Nabors Council — Sat -5 Present Bull Ri demon Council Seat 6 Present Dick Rynearson Council Seat 7 Present INVOCATION Pastor Michael Theme of Abundant Life Church led in the Invocation. PLEDGE OF ALLEGIANCE Boy Scout Troop 528 led in the Pledge of Allegiance. PROCLAMATIONS None. RECOGNITIONS ACE Award - CBS - Brittany Brown The Mayor presented the Student Ace Award to Brittany Brown of Choctawhatchee High School. ACE Award - FWBHS - Chelsea Lynn Grant The Mayor presented the Student Ace Award to Chelsea Grant of Fort Walton Beach High School. PRESENTATIONS —QUARTERLY PENSION REPORTS Peter Brown of the Bogdahn Group, representing Joe Bogdahn, presented the fourth quarter performance of the General Employees Pension Fund. Qry C000ld IfForl Wallop Beach pog¢ / owe, Regular Meeting Minutes January 22, 2013 APPROVAL OF AGENDA Mr. Nabors requested that Item 14. 1, Discussion of the Development Agreement Application for the Landmark Center, be moved to after the Consent Agenda. Mr. Rynearson moved to approve the agenda, as amended. Mr. Nabors seconded motion and it carried unanimously. li RESULT: ADOPTED [ UNANIMOUS] MOVER: Dick Rynearson, Council Seat 7 SECONDER: Bobby Nabors, Council Seat 5 AYES: Griggs, gossom, Goodwin, Nabors, Rigdon, Rynearson CONSENT AGENDA Mr. Nabors moved to approve the Consent Agenda. Mr. Rynearson seconded motion and it carried unanimously. RESULT: ADOPTED [ UNANIMOUS] MOVER: Bobby Nabors, Council Seat 5 SECONDER: Dick Rynearson, Council Seat 7 AYES: Griggs, gossom, Goodwin, Nabors, Rigdon, Rynearson Approval of Minutes Approval of Minutes from the City Council Meeting of January 8, 2013. Memorandum of Understanding with the United States Marshals Service Requests approval of a Memorandum of Understanding ( MOU) with the United States Marshals Service and authorization for the Police Chief to execute the agreement. Amendment to the State Housing Initiatives Program ( SHIP) Annual Report for FY 2009 -10 through FY 2011 -12 Amends the FY 2009 -10 through FY 2011 - 12 SHIP Annual Reports to reflect an extension provided by the Florida Housing Finance Corporation. AwardForce of ITB 13 -008 for the Paving of Denton Boulevard as Part of the Pump Station No. 1 Main Staff requests authorization to award ITB 13 -008 for paving Denton Boulevard for the Pump Station No. 1 sanitary sewer force main in the amount of $326, 750. 00. LANDMARK CENTER DISCUSSION Consideration of a Development Agreement for the Landmark Center Project submitted by Ft. Walton Development Partners, LLC. This is the first public hearing for this application, and the item is Quasi Judicial. The City Attorney announced a quasi -judicial proceeding and advised that Florida Statute 163. 3225 provides two public hearings on quasi -judicial issues and that tonight is the first public hearing. He advised it is his recommendation for Council not to make any motions for approval or disapproval as that can be done at a subsequent meeting. C,y C,n, d afFm Walton Beach Page 2 Printed 1, 24, 2013  147 Regular Meeting Minutes January 22, 2013 The City Attorney also discussed questions that have been asked regarding family members of council members being involved in the project and those council members being able to vote on the issue. The City Attorney advised that Mr. Goodwin has no family members involved and can vote on the issue, and although Mr. Nabors and his mother own property downtown he can vote on the issue. The City Attorney gave the oath to those who planned to testify and asked for any ex -parte communication by Council. Mr. Rynearson advised he had a meeting with Lord & Son on December 3, 2012, regarding the project, but has had no communications since that time. Mr. Rigdon advised Mr. Lord of Lord & Son Construction came to his office but he could not remember the date. Mr. Griggs advised he received an e -mail on December 18, 2012 from Tom Wilson, which he submitted to the City clerk, and received a phone call on January 15, 2013 from Doug Pike of the CRA Ad -Hoc Committee. The Mayor stated he has had no conversation with anyone connected with the Landmark project. Dr. gossom advised she had a voice message from Doug Pike of the CRA Ad -Hoc Committee which she did not return; he called again and she listened to his concerns. The City Attorney verified none of these conversations would impact an opinion by Council Steve Christopher, representing Landmark Development, presented a powerpoint and discussed the project's highlights; location; CRA strategy and successes CRA' s in Florida; available funding sources; benefits from the Landmark; and the financial impact of the Landmark Center in the City of Fort Walton Beach. Mr. Christopher submitted for the record a revised version of a proposed development agreement for Staff to review. Tim Bolduc, Engineering/ Utilities Services Director, presented background information on the project since 2007 when the Development Order was originally approved and reviewed the Staff Report, including the five conditions required to be met as part of the development approval. Mr. Bolduc advised that after a complete review of the submitted Development Agreement and all related documents, Staff finds that the Development Agreement is not consistent with the conditions of the approved Development Order and that the proposed Development Agreement requires the City to pledge CRA revenue that may or may not be available at times required in the Development Agreement. Therefore, Staff is recommending that Council not approve the proposed Development Agreement with Ft. Walton Development Partners, LLC as submitted. Steve Christopher of Landmark Development stated this is a significant project for Fort Walton Beach and is requesting they be allowed to meet with Staff to negotiate and work out an agreement. The Mayor asked if there were any public comments. Cry Council ojForl {Ua] lon Beach Page 3 Printed 12 42013  Minutes 2013 Chris Gibson, 249 Brooks Street SE, expressed concern about possible increased traffic congestion; the type ofjobs the project will create; and the possibility of the CRA not having the funding for the project. Taxi Tom, urban camper, stated additional parking downtown is not a necessity and does not see a need for the City to pay for parking spaces. Charlene Greenwald, Jet Drive, spoke against the project saying the parking currently downtown is underutilized and the City does not need a parking garage. Ben Merrill, local business owner, spoke in favor of the project stating additional parking is needed and for Staff to negotiate with the developers. Marty Colburn, downtown business owner, spoke in favor of the project Jonathan Sansom, Shannon Court, spoke in favor of the project and stated the City needs to encourage progress and growth. Charles Noonan, Destin resident, stated he is in the hotel business and stressed the importance of the parking garage to ensure the success of the hotel. The public comments were closed. The City Manager reiterated this is the first public hearing on the issue and if Council desires to move forward Staff would need some direction. The second public hearing would occur on February 12 if Council moves forward. Mr. Nabors noted the revised development agreement and that Staff needs the opportunity to review it to determine if an agreement can be negotiated before the next meeting. Mr. Nabors moved to allow Staff to review the revised development agreement to determine if an agreement can be negotiated with the developers before the February 12 meeting.. Mr. Goodwin seconded the motion. Mr. Rigdon stated the need for Council to make a firm decision at the February 12 meeting to either move forward or not move forward as the issue has been discussed long enough. Mr. Rynearson also encouraged Staff to come with a best and final decision at the next meeting after they have had the chance to review the revised agreement. The Mayor called for the vote on the motion and it carried unanimously. RESULT: ADOPTED [ UNANIMOUS] MOVER: Bobby Nabors, Council Seat 5 SECONDER: Trey Goodwin, Council Seat 4 AYES: Griggs, gossom, Goodwin, Nabors, Rigdon, Rynearson City Coanc/ 1 ofF. n Watron Beach Page 4 Printed 1/ 242013  149 Regular Meeting Minutes January 22, 2013 RECESS AND RECONVENE The meeting recessed at 7: 46 pm and reconvened at 8: 00 pm. PUBLIC COMMENTS There were no public comments. RESOLUTION 2013 -3 - Acceptance of Assistance to Firefighters Grant A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR FIRE EQUIPMENT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. Ken Perkins, Fire Chief, advised the