Fort Walton Beach Council agenda — 04-23-13--regular — reading text

rU Ur) I nndinad Ccn DCVClopmenl lanvncm Application 0 McmaranJnm of lerazmrnt - Ivacnled ON- 163007 1VDI =) I andmark U."', DCmlopmcntl Wcr- Appramf OR - 10 - 1010 11101 -1 0O 111. ASC. mcr nFAnnlyniaor Landmark ccnmr 11' DI -1 aCL Q ppruvcd I andfinark Canmrsila Plan- 04 - 13- 07 11` 011 LandmndCenmr L oiiditilnal l xYarmil-- Applorod 10- 112- 10 iPDR M CIt' Cnuncd MIIIWo 09- 10 -'_007 Ipul') MN ProposalProposal ill'ill' menlmenl nnaAdmm nnaAdmm ( ( PDlaPDla TheThe CityCity AttorneyAttorney announcedannounced aa quasiquasi - - judicialjudicial proceedingproceeding andand gavegave thethe oathoath toto thosethose whowho plannedplanned toto testifyt.estify. HeHe alsoalso askedasked ifif anyany membermember ofof CouncilCouncil wouldwould bebe abstainingabstaining fromfrom thethe votevote onon thisthis matter.matter. MlMl'. '. GriggsGriggs andand Mr.Mr. MeadMead adNadN° ° isedised theythey wouldwould abstainabstain fromfrom votingvoting duedue toto businessbusiness relationshipsrelationships withwith interestedinterested partiesparties and/and/ oror thethe representationrepresentation ofof clientsclients involvedinvolved withwith thethe matter.matter. TheThe CityCity AttorneyAttorney advisedadvised sincesince bothboth Mr.Mr. GriggsGriggs andand Mr.Mr. MeadMead abstainedabstained fromfrom votingvoting onon thethe issue,issue, theythey willwill notnot participateparticipate inin discussion:discussion: therefore-therefore- theythey dodo notnot needneed toto announceannounce anyany exex- - parteparte communications.communications. TheThe CityCity ManagerManager furtherfurther informedinformed thatthat severalseveral ee- - mailsmails toto councilmemberscouncilmembers werewere forwardedforwarded toto thethe CityCity ClerkClerk andand areare beingbeing entered entered intointo thethe record.record. TheThe CityCity AttorneyAttorney askedasked thatthat Council Council adviseadvise ofof anyany exex- - panepane communications communications regardingregarding thisthis issue.issue. 33 Dr.Dr. gossomgossom advisedadvised sheshe receivedreceived severalseveral ee- - mailsmails whichwhich sheshe forwarded forwarded toto thethe CityCity Clerk.Clerk. SheShe aa alsoalso hadhad conversationsconversations viavia telephonetelephone oror inin personperson withwith Mrs.Mrs. Spain,Spain, Rev.Rev. SansomSansom andand Mr.Mr. Galmeyer;Galmeyer; sheshe advisedadvised sheshe listenedlistened andand tooktook notesnotes butbut diddid notnot givegive anan opinionopinion oneone wayway oror another.another. GryGry councilcouncil ofof} } orrorr IVaI(IVaI( onon BeachBeach PagePage 55 Ra—1 Ra—1 44 887887  8. 4. b Minutes February 12. "_'013 Regular Meeting The Mayor also forwarded e -mails to the City Clerk mid stated he received two phone messages earlier in the day which lie 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 c -mails regarding the matter. Mr. Rigdon advised be 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 conversation with Rea. Sansom, and received phone messages from Cissy Wyninegar and Lih Hill. The City Attorney confirmed that these conversations or e -mails in no way influenced Council regarding the Landmark Center. 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 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 on the matter and discussed the differences between the agreement that was presented on January 2 22. 2013 and the agreement presented this evening. The current agreement includes 1) a 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 $ 1, 751. 128 for 32 parking spaces and various other incentive programs and provides options to purchase an additional 195 spaces as funding allows for the remainder of the CRA life; 3) requiring the Developer to maintain the deck at their expense in perpetuity; 4) addresses the date for annual payments of executed N options to coincide with CRA funding dates; 5) allowing for the flexibility to purchase spaces as m 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. m Mr. Bolduc also informed that discussions with One 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. axe6 ary eau„<<<ofFon wa runs od, " J?aak Per 89`  8. 4. b Minutes February 12. 2013 Regular Meeting There were no questions from Council to Staff regarding their presentation. The Mayor asked for questions to Staff from the public. E9 Chris Gibson, 249 Brooks Street, was advised the City is not receiving 64 parking spaces in the o g garage for free; purchasing back spaces to pay for construction of the garage. C Phi] Galmcyer, 206 Buck Drive, was advised there is no refund program for ad valorem rases as acm a mechanism to pay for the project. am Linda Condures, 202 Sloan Court, was advised the City is purchasing parking spaces to increase Q the number of parking spaces in the CRA District and is a mechanism to ensure the City has E ownership of at least 32 parking spaces. a.mu Bruce Thompson, urban camper, was advised the City will provide funding for the purchase of 3 spaces associated with construction of the garage. c Charlene Greenwald, Jet Drive, questioned proof that a garage is needed, and was advised the developer will address that question during his presentation. c ac The Mayor announced the developer' s presentation. c Mr. Crew discussed the ways in which the