Fort Walton Beach Council agenda — 02-26-13--regular — reading text

Mr. Griggs volunteered to serve. Mr. Rynearson moved to appoint the City Clerk and Mr. Griggs to serve on the Canvassing Board at the City election on March 12, 2013. Mr. Rigdon seconded motion and it carried unanimously. C, o Counci] offon tralron Beach Page J Rack ” ~ 6  s. 1 Regular Meeting Minutes February 12,' 1013 RESULT: APPROVED ] UNANIMOUS] MOVER: Dick Rynearson, Council Seat 7 SECONDER: Bull Rigdon, Council Seat 6 AYES: Griggs, gossom, Mead, Goodwin, Nabors, Rigdon, Rynearson ACTION--DIRECTION--DISCUSSION Case # 12 -10 -DA Consideration of a Development Agreement Application for Landmark Center Synopsis: ( Engineering and Utilities Services Director) Consideration of a Development Agreement for the Landmark Center Project submitted by Ft. Walton Development Partners, LLC. This is the second public hearing for this application, and the item is Quasi Judicial. k[ I IIME] 9s: QIIa9Jadi,, al Pro¢ dar, IRII Imal Landmark DA 2 - 12 - 13 ( P111 IPDI niGUlle,%A,pmrotN metnent for Landmark Center - 12 -2J -2012 L,,, d., ek( Cnter Pmpusd leave A, ca ( PDI') CaK Dm,, ine of F hihit A - 10l , M ... n Onl) ( PDI9 fPDF) CADre,e1, of[ h, b. t a- Infnrmmion Only I t, D,,, l, 0T111h, t nfoIrn o Only fPDF9 I aedn, uk CCnRr D,, clupincnl %ercomcnt A, I. . . n PDF Memmendum arAgecment- Fecculed 08 -10 -2007 ( PD1) LandmmA Cenmr N, 6,, sal lhder - A,, m d US- 10 -2007 , 11DI) IIAAS C I F Mal,,,, fbr Landmaek Cent,, 1PDFI Appmvcdla,dmark C enter Site Plan- 0J - 13 - 07 tPDI' I I endmark Center COnditlonal Dse PcTiil - Appraved ( 19 - 02 - 10 I PDFI City COlmnl MIalacS 08- 10 -2007 ( PDI) Pro. ^ vcd Pacmnn areakdm, a, tVDF) The City Attorney announced a quasi -judicial proceeding and gave the oath to those who planned to testify. He also asked if any member of Council would be abstaining from the vote on this matter. Mr. Griggs and Mr. Mead advised they would abstain from voting due to business relationships with interested parties and /or the representation of clients involved with the matter. The City Attorney advised since both Mr. Griggs and Mr. Mead abstained from voting on the issue, they will not participate in discussion; therefore, they do not need to announce any ex -parte communications. The City Manager further informed that several e -mails to councilmembers were forwarded to the City Clerk and are being entered into the record. The City Attorney asked that Council advise of any ex -parte communications regarding this issue. Dr. gossom advised she received several e -mails which she forwarded to the City Clerk. She also had conversations via telephone or in person with Mrs. Spain, Rev. Sansom and Mr. Galmeyer; she advised she listened and took notes but did not give an opinion one way or another. ay Council ofFon Ifa /ton Beach Page 5 -  F- 8- 1 Regular Meeting Minutes February 12, 2013 The Mayor also forwarded e -mails to the City Clerk and stated he received two phone messages earlier in the day which he did not have the opportunity to reply to. Mr. Goodwin also forwarded e -mails to the City Clerk, City Manager, and City Attorney, and documented conversations he had either by phone or in person. Mr. Nabors stated he has numerous phone conversations with individuals but has not received any e -mails regarding the matter. Mr. Rigdon advised he has had conversations with Mr. Lord and Charlene Greenwald. Mr. Rynearson stated he has forward e- mails to the City Clerk. He also had a face to face o z conversation with Rev. Sansom, and received phone messages from Cissy Wyninegar and Lili Hill. azz The City Attorney confirmed that these conversations or e -mails in no way influenced Council y I++ z regarding the Landmark Center. UU The Mayor announced the applicant presentation. Michael Crew, representing the applicant, Ft. Walton Development Partners LLC, asked that Staff be allowed to give their presentation at this o time if Staff is agreeable. Staff was agreeable to giving their presentation at this time. M Tim Bolduc, Engineering/ Utilities Director, advised this was the second of two public hearings H on the matter and discussed the differences between the agreement that was presented on January 22. 2013 and the agreement presented this evening. The current agreement includes 1) LL addressing, in some form, each of the requirements of the Memorandum of Agreement approved with the Development Order; 2) requiring the City to pay up to S 1. 751, 128 for 32 parking spaces and various other incentive programs and provides options to purchase an additional 195 spaces p1 w as funding allows for the remainder of the CRA life; 3) requiring the Developer to maintain the 5 deck at their expense in perpetuity; 4) addresses the date for annual payments of executed options to coincide with CRA funding dates; 5) allowing for the flexibility to purchase spaces as funding is available and property values increase; and 6) allowing the City to exercise all rights associated with the ownership of any purchases spaces to include charging for parking as should the need arise. Nd Mr. Bolduc also informed that discussions with the applicant are ongoing and advised of changes in the agreement since the agenda was posted, including adding a reverter clause in Section 27; the addition of a 3 - year completion date in Section 34; and the addition of mediation language in Section 36. Mr. Bolduc advised that the proposed Development Agreement as submitted is consistent with the goals and objectives of the CRA, meets all conditions of the approved Development Order and the Memorandum of Agreement, and is legally sufficient. Also, Staff finds that the CRA Fund Balance contains sufficient funding, as released from the Sound Side development, to cover the initial payments required in the Agreement. Therefore, Mr. Bolduc advised that Staff recommends Council approve the Development Agreement for the Landmark Center as submitted. On Cmum0 aJFort IVOlton Beach  s. t Regular Meeting Minutes February 12. 2013 There were no questions from Council to Staff regarding their presentation. The Mayor asked for questions to Staff from the public. Chris Gibson, 249 Brooks Street, was advised the City is not receiving 64 parking spaces in the garage for free; purchasing back spaces to pay for construction of the garage. Phil Galmeyer, 206 Buck Drive, was advised there is no refund program for ad valorem taxes as a mechanism to pay for the project. Linda Condures, 202 Stoat Court, was advised the City is purchasing parking spaces to increase the number of parking spaces in the CRA District and is a mechanism to ensure the City has ownership of at least 32 parking spaces. z W Bruce Thompson, urban camper, was advised the City will provide funding for the purchase of a spaces associated with construction of the garage. z N w z Charlene Greenwald, Jet Drive, questioned proof that a garage is needed, and was advised the developer will address that question during his presentation. The Mayor announced the developer's presentation. o 0 Mr. Crew discussed the ways in which the project will benefit the City, including additional ad rM valorem revenue; employment; the addition of parking spaces for the public; and furthering the r r goals and objectives of the City' s Comprehensive and CRA Plans. Mr. Crew addressed the 2007