Fort Walton Beach Council agenda — 08-28-2007 regular agenda — reading text

informed of the process to be followed for the meeting, beginning with the City Attorney reading the information and giving the oath; a recap of conversations that Council and himself has had with others regarding the project, as well as any e- mails received; the presentation by the applicant and his representatives, to be followed by questions for the applicant by Council and the public of the applicant; the presentation by City staff with questions for Staff by Council and the public; then the public will be given the opportunity to speak with alternating presentations for and against; then the closure of the public meetings with a motion by Council which will turn into Council discussion, and the public participation is over. He stated if there is anything that needs clarified he will make a decision at that time whether or not to stop the Council discussion. REQUEST FOR SITE PLAN APPROVAL- LANDMARK CENTER Consideration of site plan approval for Landmark Center/Joint Venture located at 206 Perry Avenue SE. The City Attorney gave the oath to those who planned to testify, and advised that anyone who is seated and decides to speak will have to be sworn in at that time. She explained that the City Code has a provision regarding public access to officials and she would like a voir dire of the entire Council regarding any contact, via e- mail or personal, that they had regarding this project. l': The City Attorney further advised that the City Clerk provided e- mails and she has confirmed with the applicant that he has seen and received all e- mails. Mr. Holmes advised he has had personal contact with the applicant, the City staff, Angela Snowball, Richard Helton, and several telephone calls and e- mails he received today. The substance of the contacts was whether he had questions and what his position was on the project. 66 Special Council Meeting 8- 10- 07 LANDMARK CENTER ( CONT) Mr. Miller stated he discussed the project with the applicants at the location; he spoke with Joyce Gossom, CRA Chairman, and Bob Rettie, CRA member; WEAR-TV, Jeff Ayres of the Daily News, and the substance of the conversation was his viewpoints of the project and the garage. Mr. Reeves noted he also spoke with the applicant and City Staff; with Bob Rettie of the CRA Board; and received an e- mail from a downtown merchant as well as the e- mails Council received, and a representative of the Chamber whose name he could not remember. Substances of the conversation were the pros and cons of the project. The Mayor reported he spoke with Mr. Wright and Mr. Houle, the applicants, regarding how they would present the project this evening, and that he received e- mails regarding the possibility of the meeting slipping and his position on that; he has also spoken with the Daily News and the Bay Beacon, and that several persons had asked him for.his position and he advised he did not have a position on the project. The Mayor also stated that several months ago, before the project went to the CRA, he had personal conversations with Mr. Wright and Mr. Houle regarding the feasibility of the concept Mr. Garvie also stated Mr. Wright contacted him and asked him if he wanted a briefing, and Mr. Garvie advised he was still studying the issue; he spoke with the City' s Finance Director; had a phone call from the news; and talked with Charlene Greenwald. He also received several e- mails which he has not opened, as well as the e- mails provided to Council from the City. Dr. Pullen advised he also spoke with Mr. Wright; that he had conversations with Charlene Greenwald and Bob Rettie; and has received numerous phone calls and advised the callers that he would not discuss the issue. He also stated his computer was disabled from a storm the night before; therefore, he has not received any e- mails that may have been sent today. Mr. Hartwell informed he received the same e- mails as Council and the Mayor and he has not responded to any of them; and that he has had no contact with the media nor with the applicant, though the applicant did phone him but he did not speak with the applicant; he also spoke with Bob Rettie, Millie Thrush, Charlene Greenwald, and the same Chamber representative as Mr. Reeves spoke with. Mr. Hartwell stated he also spoke with Thornber Smith, Daike Klement, the City Manager, and the Finance Director. Mr. Minich reported he spoke with the City Manager; that he was contacted by a female representative of the developer who asked if he wanted a briefing and he declined; he had a note from Millie Thrush that others did not receive; and that he solicited opinions from Tom Tona, Kabe Woods, and Susan Myers. The City Attorney suggested that at the conclusion of the testimony, she will present the e- mails of those not present to testify. She confirmed with the applicant that they have received all the e- mails and evidence, and advised that the proceedings can begin. Bruce Houle, managing partner of Emerald Coast Partners, the developer of Landmark Center under the Fort Walton Beach Development Partners LLC, gave a history of the project, stating when i the property was purchased it was planned as a one- story restaurant with parking on the property. However, after discussions with the City to obtain their ideas, a vision was arrived at as a ' gateway' to the City, to include retail, commercial, and condominiums, and that the opportunity was there to revitalize the downtown with the right project. Mr. Houle explained that an Economic Impact Analysis was done by the Economic Development Council ( EDC), and the Haas Center to determine what the ad valorem taxes would be generated from this property, which was shown to be significant; therefore, they approached the City with the idea of a parking garage, and for the past year worked on the proposal being brought forward this evening for Council' s consideration.  Special Council Meeting 8- 10- 07 67. LANDMARK CENTER (CONT) David Smith, Moore Bass Consulting, civil engineers for the project, gave a general overview of the project site to be located on Perry Avenue and Highway 98 on 49, 719 total commercial square feet which includes 18, 916 square feet of retail and 11, 771 square feet of restaurants on the firstfloor; a combination of 19, 032 square feet of office space and 10, 870 square feet of residential space proposed for the second floor; 32, 007 square foot of residential space on the third floor; and a total number of residential units at 38. J Mr. Smith also advised the project is in the Mixed- Use Main Street District, and that the bonus point system was utilized and will provide 14" feet on the fisffloor of the building to place all utilities underground, as well as providing decorative side lighting, public access parking, a public plaza along Perry Avenue, and street furniture. Mr. Smith further discussed the proposed parking garage as a four-story structure with a total of 343 parking spaces, a portion of which will be located on the municipal parking lot, and the developer will dedicate 10, 000 square feet of property for the parking garage and that a formal development agreement will address the specific issues of the garage. Patrick Ballasch, DAG Architects, Destin, Florida, presented a 3- D power point of the proposed project to include Miracle Strip Parkway, Perry Avenue, and First Street, showing traffic flow, pedestrian traffic, and appearance of the building and the parking garage; and advised the project will also have an outdoor public space and an interactive water feature for children. Mr. Houle returned to the podium and discussed the substantial economic impact the project will have on the City; and the Parking Space analysis whereas 38 spaces will be paid for by the .. developer and will be allocated to the 38 required for the residential units, with 305 spaces proposed to be paid for by the CRA and will be public parking under exclusive use of the City for the public. The Mayor asked if there were any questions from Council. Mr. Hartwell advised he did not see the interactive water feature in the plans, and was advised it is intended to be a part of the plan. Mr. Hartwell also questioned if there was a disclosure of all partners ( financial backers) involved in the project. The City Attorney advised that if there was disclosure a form would be required, and that the questioning be continued to conclude the issue. Mr. Hartwell asked Mr. Houle to present the financial partners in Fort Walton Beach Development LLC. Mr. Houle advised the partners were Phil Wener, Eric Nathan, Ken Wright, Ray Greenstein, and Gavin Kleimach. Clarification was also given that the parking garage would be open to the public, there would be no reserved spaces for the businesses that are located there; the only reserved spaces will be the 38 for the residential condos. J Discussion ensued as to the maintenance of the parking garage. Mr. Houle advised he thought ten the maintenance would years is what was discussed, although the City Manager stated she thought be perpetual. The City Attorney advised that question should be asked during the Staff discussion. Dr. Pullen questioned if the bridge issue was taken into consideration and how it would affect the project. Mr. Houle advised he couldn' t respond to that since no one knQws if or when a bridge would be built. Dr. Pullen also expressed concern regarding security of the parking garage. Mr. Houle informed security is part of the maintenance agreement, that security will be there but he does not know the particulars at this time.  8- 10- 07 68 Special Council Meeting LANDMARK CENTER ( CONT) The City Attorney stated this is for a conceptual site plan approval, and all information will come back to Council in a full- fledged Development Agreement. Mr. Garvie expressed concern regarding the number of parking spaces the City would have with the The parking garage, and stated he had a slide presentation to show to put things in perspective. advised this is a quasi- judicial proceeding and the slide should wait for Council City Attorney o discussion. Mr. Garvie and Mr. Houle discussed at length the total number of spaces in the garage; the number of spaces reserved for residents of the condo; and how much additional parking will be given to the City to alleviate the parking problem. Mr.