Fort Walton Beach Council minutes — 12-11-12--special--landmark development — reading text

123 Final Minutes City of Fort Walton Beach Special Meeting of the City Council of Fort Walton Beach Tuesday, December 11, 2012 5: 00 PM 107 Miracic S np Parkway Fort Walton Beach, I L 32545 CALL TO ORDER 5: 00 PM Meeting was called to order on December 11, 2012 at Council Chamber, 107 Miracle Strip Parkway, Fort Walton Beach, FL. Attendee Name; Title Status Arrived Mike Anderson _ Mayor Present BobbyYGriggs Council Seat 1 Present Joyce gossom Council Seat 2 Present Trey Goodwin Council Seal it T Present Bobby Nabors Council Seat 5 Present Bull Rigdon Council Seat 6 Present Dick Rynearson Council Seat 7 Present PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. Presentation by the Partners of the Landmark Center Development for a Proposed Development Agreement The Mayor advised there has been discussion between himself, the City Manager and the City Attorney regarding the process for the Landmark project and he asked the City Manager to clarify some issues so that the City is moving in the right direction. The City Manager explained that Chapter 9 of the newly adopted Land Development Code LDC) states that developments go through two quasi -judicial hearings before the City Council, during which time discussion can take place and questions asked of the Council and the public. The City Manager advised that the City currently does not have a valid application on file for the Landmark, and he consulted with the City Attorney regarding the process. The City. Attorney stated his concerns regarding a presentation that may be made this evening, since no application is on file and the process has not begun. He wanted to make clear his concern that any official action the Council may take this evening, such as a vote to accept a plan, could invite litigation. The City Attorney stressed the City needs to follow their procedures as outlined in the LDC, and noted that if a presentation was given, his advice to Council is to refrain from any discussion or asking any questions of the applicant until it has gone through the process. Qty Co,,, d of Fort W l on Oearh Page 7 Printed 1211312012 124 Special Meeting Minutes December 11 2012 The City Attorney explained that the quasi- judicial process will give the public the benefit of two public hearings, will give Council the opportunity to swear in witnesses ensuring the development receives due process, will allow Staff to ask questions of witnesses, and will put a mechanism in place in case the project comes under review. The City Manager advised if the City receives a formal application tomorrow, the first hearing for the project would be at the January 22 Council meeting, and the second hearing would be at the Council meeting of February 12. He further advised once the application is received, all ex- parte communications would be stopped or would need to be declared at the two hearings. Council discussion included the desire to hear the presentation this evening as well as the difficulty of not being able to comment or ask questions, and the possibility of forming an opinion if the presentation is given this evening. The Mayor expressed concern regarding the process not being followed and that a formal application is needed, but that a presentation could be given with no action by Council. Steve Christopher of Lord and Son, contractor for the project, stated after hearing the discussion a generic presentation can be given that will discuss the background of the project but not the project per se. The Mayor asked for a motion from Council as to whether or not a presentation should be given. Mr. Rynearson moved not to hear a presentation on the Landmark project. Mr. Rigdon seconded motion. Mr. Rynearson stated his concern with possible ramifications after hearing the recommendation of the City Attorney, and Mr. Rigdon confirmed Council should heed to the advice of the attorney. Mr. Nabors stated his disappointment at Staff at the discussion occurring this evening and apologized to everyone who came to the meeting expecting discussion to take place. Mr. Nabors stated his feelings that once the legalities of the issue were noted, the meeting should have been cancelled. Mr. Goodwin discussed the need for policy on TIF financing, and stated he would like to hear the presentation as it relates to the concept and framework regarding funding. The Mayor called for the vote on the motion and it failed by vote of 3 to 4. RESULT: DEFEATED 13 TO 41 MOVER: Dick Rynearson, Council Seat 7 SECONDER: Bull Rigdon, Council Seat 6 AYES: joyce gossom, Bull Rigdon, Dick Rynearson NAYS: Mike Anderson, Bobby Griggs, Trey Goodwin, Bobby Nabors City C,ouimll of Fort Wa111n Beach Page 2 Printed 1211312012  125 Special Meeting Minutes December 11, 2012 The Mayor advised a presentation will be heard and that there will be no discussion or comments from Council, and the City Attorney asked that the public refrain from asking any questions or making comments, that they can contact the developer or councilmembers if they have questions or comments. Steve Christopher of Lord and Son presented information on the planned location of the development, the CRA' s strategy in the State of Florida, and the improvements that were made in DelRay Beach with CRA funds. Mr. Christopher advised they are ready to present their application to Staff tomorrow to begin the process. The Mayor thanked Mr. Christopher for the presentation. Council questioned when a discussion could be held regarding the TIF programs. The City Manager explained there are currently no programs in place for TIF; however, he and the City Attorney have been doing research and he has received information from the Florida Redevelopment Agency. Council requested information and programs regarding the TIF be placed for discussion on the January 8, 2013 Council agenda. ADJOURNMENT: 5: 35 pm Approve( r - Mayor: / '` Attest: City Clerk City Council ofFort Walton Beach Page 3 Printed 1211312012