Chuck Kennedy, Vice-Chairman; Dean Covey; Daike Klement; Jason Legg; Bobby Nabors; Doug Reed (arrived at 5:31 pm).

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1 BOARD OF COMMISSIONERS OF THE FORT WALTON BEACH COMMUNITY REDEVELOPMENT AGENCY JULY 2, 2008 INTRODUCTION A regular Meeting of the Board of Commissioners of the Fort Walton Beach Community Redevelopment Agency was held on Wednesday, July 2, 2008, at 5:30 p.m. in the Council Chambers at Fort Walton Beach City Hall with the following members present: Chuck Kennedy, Vice-Chairman; Dean Covey; Daike Klement; Jason Legg; Bobby Nabors; Doug Reed (arrived at 5:31 pm). Absent: Dr. Joyce Gossom, Chairman (excused) Also Present: Missy McKim, CDS Director; Christy Johnson, Principal Planner; Toni Craig, City Attorney CALL TO ORDER The meeting was called to order. PLEDGE OF ALLEGIANCE The Vice Chairman led in the Pledge of Allegiance. APPROVAL OF MINUTES Mr. Covey moved to approve the minutes of the CRA meeting of June 4, Mr. Nabors seconded motion and it carried unanimously with Covey, Kennedy, Klement, Legg, and Nabors in favor (Reed and Gossom absent). Mr. Reed arrived at the meeting. NEW BUSINESS LANDMARK DEVELOMENT ORDER EXTENSION REQUEST Consideration of recommendation of Extension of the Development Order for the Landmark Center located at 223 Miracle Strip Parkway SE and 206 Perry Avenue SE. Mr. Covey disclosed that his brother is on the Board of Directors of Remax International but he has not discussed any of the details of the project with him, but he has spoken on the status of the project with Ken Wright and another individual of the Landmark Center. The City Attorney gave the oath to those who planned to testify. Christy Johnson, Principal Planner, advised that Landmark Center requested the 12-month extension and they are in the process of working with the City Attorney on the lease agreement for the garage, but that will not be accomplished by the time the order expires in September. Ms. Johnson advised that Staff recommends the extension. Mr. Reed moved to approve the twelve month extension of the Development Order for the Landmark Center, located at 223 Miracle Strip Parkway SE and 206 Perry Avenue SE. Mr. Covey seconded motion and it carried unanimously with Covey, Kennedy, Klement, Legg, Nabors, and Reed in favor (Gossom absent). Ms. Johnson advised there are no anticipated changes to the development agreement or the terms of the agreement in the extension. Page 1 of 7

2 UNFINISHED BUSINESS APPROVAL OF PLANS FOR BEAL PARKWAY/HISTORIC DOWNTOWN Consideration of recommendation of approval of the Civil Plans and Specification for the Streetscape Improvement Projects for the Beal Parkway Neighborhood Gateway Entrance Park and the Historic Downtown, and recommend approval to advertise a Request for Proposals. Michael Bomar of Tetra Tech, Inc., presented a draft final design of the Gateway Park and Historic Downtown streetscape, and advised that a meeting was held with the Beal Parkway neighborhood and they are pleased with design of the gateway park. Mr. Bomar began with the downtown streetscape and advised a tree replacement plan was endorsed that calls for the Bradford pears to be replaced with palm trees, and decorative pavers. Also included is streetlamps, accent lighting, trash receptacles and benches, and that there is an opportunity to underground the electric on portions of the project. Mr. Bomar also discussed items of importance, including the DOT permit and agreement; ADA compliance; right-of-way vs. private property; and communication with property owners and businesses. Mr. Bomar advised the project is scheduled for completion in May of Regarding the Beal Parkway Neighborhood Gateway Entrance, Mr. Bomar discussed the elements including the proposed clock tower and traffic calming element, which will give the community a focal point to the entrance of the neighborhood, as well as landscaping and other improvements. Mr. Bomar advised the same schedule is being followed on the gateway project, and that both projects will be bid as one. Ms. Johnson entered the Staff Report into the record. Ms. Johnson summarized that at the May 7, 2008 CRA meeting, consensus of the Board was to remove the oak trees and Bradford pears; they agreed with the paver design; they agreed with efforts to underground utilities; they agreed the furniture design and placement is acceptable; and they agreed the Beal Parkway (Gateway Park) project is good. Ms. Johnson discussed each issue individually. She advised the Beal Parkway Neighborhood Association provided Staff with preliminary design preferences and approved the civil plans at the meeting on July 1, 2008; they preferred the clock tower design with the banner on the structure, and requested that the banner read Beal Neighborhood. Second, Ms. Johnson advised that Staff strongly feels that the oak trees adjacent to City property should remain downtown, and there are a total of eight oaks recommended by staff to save. The trees are the four trees adjacent to the City parking lot at Harris Insurance; the two trees that canopy the entrance to Vandegriff Park; and the two oak trees in front of the library. Ms. Johnson advised Staff feels that the trees offer a sense of history and feeling of community in the downtown area; the trees offer shade, and saving the trees will help mitigate some of the negative feelings associated with the removal of the other oaks in the streetscape that is felt by some residents of the community. Third, Ms. Johnson reported that Staff has discussed with the City Attorney the best way to proceed with the installation of pavers on the private property (the area of the sidewalk between the right of way and the front of the buildings). The legal recommendation is to offer landscape improvement grants up to $10,000 to all private properties. Page 2 of 7

3 The grants will be voluntary and will give property owners an option to extend the pavers to the front of their buildings, or to do anything that would compliment the project, such as staining the sidewalk in front of their property if they did not want to have pavers, with the CRA sharing in half of the costs. Funds will be paid on a reimbursement basis. Fourth, Ms. Johnson noted that Staff met with a representative from Gulf Power to discuss the rerouting of electric lines. She advised the lines on the south side of Highway 98, and the lines crossing Highway 98, will be removed during the streetscape project. The lines on the north side pose more of a problem and will be replaced, if possible, during the project. The relocation of lines will be required for all redeveloped projects in the area. A fifth issue, not previously discussed with the Board, is the possible removal of the poles for the overhead banners in the project area. Ms. Johnson advised that Staff feels the removal of the banners and poles will allow greater movement along the sidewalk for pedestrians and will also remove all cross wires in the project. The City now offers space on two, soon to be three, billboards for community events. The Board expressed their concern regarding Staff s recommendation to keep eight of the oak trees downtown, stating the library is hidden by the trees and a person cannot even tell there is a library there, and that as the trees at the Vandegriff entrance continue to grow, they will destroy the pavers that are being put in, and that the trees are not historical to the value of the City. Also a matter of concern was the grant process being considered for the property owners and that a way needs to be found to offer the grant for the pavers and nothing else, and the feeling that staining the sidewalks in lieu of pavers would do nothing to compliment the work that is being done. A lengthy discussion was held regarding the Board s unanimous concurrence at their May meeting regarding the removal of the oak trees, and their feeling it is paramount for the downtown project. Ms. Johnson advised that Staff s idea is to compromise on the saving of trees adjacent to City property to prevent any public dissatisfaction that may result in their removal. Missy McKim, CDS Director, stated the trees being considered to save are adjacent to City property and are important; that the trees at the entrance to Vandegriff Park provide a sense of place to the park; the oaks at the parking lot are in good shape and the pavers can be done in a way to respect the roots that are there; and the two in front of the library frame the entrance to the library and that is part of the look, and by removing them will make the area look stark. Ms. McKim advised that Staff has walked the downtown and looked at every tree, and is in agreement to remove the trees in front of private property but that the trees in question should remain, and feels the trees will enhance the overall streetscape and compliment the palms that are there. Ms. McKim advised the Board that their recommendation and Staff s will go forward to Council; and if it is the Board s decision to have the oaks removed, she recommends that they appoint someone to go to the Council meeting to represent the CRA as Staff will be presenting the other side to that. The Board received clarification that Staff s recommendation includes keeping the eight oaks discussed; the plan presented shows keeping a few more trees but Staff is proposing the final plans that go out to bid indicate keeping only the eight oaks mentioned. Page 3 of 7

4 Board discussion ensued, but the Vice-Chairman advised that a motion needs to be made and seconded before discussion can continue. Ms. Johnson addressed the comments regarding the landscaping grant, stating to her knowledge it could be limited to pavers and a resolution would be done with the same rules and guidelines established. She reported the only reason it was added in was to allow the property owner to have options, such as staining the sidewalk in front of their property, as they cannot be forced to add pavers if they did not wish to. Mr. Reed commented that knowing the downtown merchants as he does, if given an easy way out some will take it. He continued it s been a long haul to get the downtown to where it is, and he would hate to see the plan not moved all the way. Mr. Nabors advised he would like to see a proposal or staff recommendation that makes it less desirable for business owners to not want to participate in the project. Ms. McKim stated there is a landscape grant for improvement of public property, but Council does not normally provide commercial property owners direct assistance. Therefore, Staff feels this proposal, though it applies to private property in conjunction with the streetscape improvement, will be agreeable to the Council. Mr. Legg questioned whether the plans for the projects have been reviewed by those City departments that will be responsible for their maintenance. Ms. Johnson informed that the City s Public Works Director, operations manager, and horticulturist have reviewed and are commenting on the plans. Further discussion included that most of the businesses downtown are locally owned. Ms. Johnson stated she had two other points to discuss before a motion is made. She advised Staff is working with Gulf Power and that all the lines on the south side of Highway 98 will go away, and there are three locations on the north side of 98 where the lines will be brought in from First Street. She also advised that Staff would like to remove the banner poles on 98 and that the new electronic billboards can announce events rather than having banners across 98. Mr. Reed moved that Staff modify their recommendations with two less trees at the Harris property. Motion died for lack of a second. Ms. Klement moved the Staff recommendation with the following changes: 1) to remove one tree from in front of the library that is not in good shape; 2) remove one tree from in front of the Vandegriff Park entrance; and 3) remove two trees from the Harris parking lot. Mr. Reed seconded motion. Ms. Klement stated her desire to compromise with Staff by having the one tree in front of the library that is constantly being hit by vehicles removed, removing one from the Vandegriff Park entrance, and two from the Harris parking lot, which would still leave four oak trees. Mr. Reed amended the motion to leave two oak trees at Vandegriff Park. Amendment died for lack of a second. The City Attorney advised the Board is back to the main motion. Page 4 of 7

5 The Vice-Chairman clarified that the motion is to 1) to remove one tree from in front of the library that is not in good shape; 2) remove one tree from in front of the Vandegriff Park entrance; and 3) remove two trees from the Harris parking lot. Mr. Legg noted that the Board was adamant at their May meeting that they wanted all of the trees removed. He stated that the Board can stick to their original decision and not abide by Staff s recommendation, that there will be time for public input and they can speak to it at that time. Mr. Nabors stated his feeling that all of the trees should be removed, and there will be opposition to anything the Board does, so the Board should do what they believe in. The Chairman called for the vote on the motion 1) to remove one tree from in front of the library that is not in good shape; 2) remove one tree from in front of the Vandegriff Park entrance; and 3) remove two trees from the Harris parking lot and it failed unanimously with Covey, Kennedy, Klement, Legg, Nabors, and Reed opposed (Gossom absent). The City Attorney asked Mr. Bomar whether the plans he presented included the trees, and he responded the plans included all of the existing trees, as that was their understanding. The City Attorney advised the motion would need to be not to accept Staff s recommendation, and to change the plans to remove the trees. Mr. Nabors moved not to accept Staff s recommendation, and to remove all the oak trees from the plans and replace with palms. Mr. Kennedy seconded motion and it carried by a vote of 5 to 1 with Kennedy, Klement, Legg, Nabors, and Reed in favor and Covey opposed (Gossom absent). The Chairman noted that the issue of the landscape grant for property owners to extend beyond the right of way must be addressed at this time. Mr. Nabors moved to offer landscape improvement grants, up to $10,000 for all private properties, but not to allow the property owner any leniency in design but to stick with the pavers in the right of way, or no change at all. Mr. Reed seconded motion. The City Attorney stated, for the record, that she cannot promise that wouldn t be considered a taking, so she reserved legal opinion on requiring property owners to do it even on a Mr. Nabors clarified his motion that he wants to limit Staff s recommendation to require or allow pavers only, rather than anything else. Mr. Reed called for the question and it carried unanimously with Covey, Kennedy, Klement, Legg, Nabors, and Reed in favor (Gossom absent). The City Attorney advised a motion is needed to recommend the plans, with changes, to the City Council. Mr. Reed moved to recommend approval of the civil plans and specifications for the Downtown Streetscape and Gateway Park Improvements, with changes to include the removal of all trees and the 50/50 grant, and recommend advertising a Request for Proposals. Ms. Klement seconded motion and it carried by a vote of 5 to 1 with Kennedy, Klement, Legg, Nabors, and Reed in favor and Covey opposed (Gossom absent). Page 5 of 7

6 Ms. McKim suggested the Board select a member to represent the CRA at the August 12 Council meeting when this issue is discussed. Mr. Reed nominated Bobby Nabors to represent the CRA Board at the August 12 Council meeting. As there were no further nominations, the Chairman called for the vote on the nomination and it carried unanimously with Covey, Kennedy, Klement, Legg, Nabors, and Reed in favor (Gossom absent). The Vice-Chairman thanked Mr. Bomar for the plans and for his patience during discussion and vote on the plans before he left the meeting. After Mr. Bomar left, Ms. McKim wanted to interject for clarification that all of the trees were left on the plans because Staff had to give them direction and it was easier to leave the trees on the plan and take them off, rather than to remember where they all are, and it was based on the final decision of Staff to leave them on the plans. CAPITAL IMPROVEMENT/SPECIAL PROJECTS UPDATES Carson Cul-de-sac Landscaping: Ms. Johnson advised seven palm trees have been installed, and cypress and crepe myrtles are on order at the request of the neighborhood. Ms. Johnson reported she will send out invitations to a ribbon cutting once the landscaping is installed, which should be in a couple of weeks. Chester Pruitt Park: Ms. Johnson reported Council has approved negotiating with Goodwyn, Mills and Cawood for the engineering plans for all five phases, and Staff is negotiating the contract and bids should go out by the end of the year for Phases I and II. Ms. Johnson also advised there are no changes in the status of the approved site plans since the last meeting. PRESENTATION OF SUNSHINE LAW CITY ATTORNEY The City Attorney presented a power point on the Florida Sunshine Law and Board Operations. She also presented a disk to each member that included the 2008 Guide to the Sunshine Law and the 2008 Ethics Guide, for the Board to refer to. DISCUSSION OF CONDITIONAL USES IN THE CRA AREA Discussion was held regarding the number and types of conditional uses in the CRA area, and whether the Board could limit the number of certain types of uses in the area. The City Attorney explained that conditional uses are specific under Florida law and are not required, and could be removed from the Land Development Code (LDC). However, that would not be advisable because there are situations when a conditional use would be warranted, and from a legal standpoint, the conditional uses cannot be limited. The City Attorney continued that the requirements for granting a conditional use can be changed, but once the requirements are in the code, the Board is bound to follow the requirements. She also advised the CRA can recommend changes to conditional uses within the zoning and that is something the Board can look into. Ms. McKim explained that conditional uses were established in order to eliminate some uses that were considered not appropriate, and that it might be wise if the Board were to review the conditional uses. Ms. McKim suggested that the CRA have a meeting with the Municipal Planning board (MPB) to discuss their vision for the CRA area to help the MPB understand where they are headed. Ms. McKim noted there are new members on the MPB who may not have been exposed to the CRA Plan. Page 6 of 7

7 CONDITIONAL USES (CONT) The Board questioned whether conditional uses had to be heard by the MPB, or could the Council have the responsibility. The City Attorney stated her opinion that the ability for the MPB to decide conditional uses has been properly put into place to allow the process to move quicker; otherwise, it would go through the entire legislative process and stated having the MPB decide conditional uses is an expedited method of getting legislative relief. The Vice-Chairman discussed the need for the Board to sit down and formulate their concerns and position before meeting with the MPB, and to review any materials provided by Staff regarding the urban framework and what the Board is working toward in the district. The Vice- Chairman also asked for Staff s assistance in providing the issues to take up with the MPB in regards to land use, zoning, etc. Consensus of the Board was to hold a CRA Workshop on Wednesday, July 23, at 5:30 p.m. at the library, if it is available. Staff advised they will check availability of the library and if not available, will advise of location. ADJOURNMENT Being no further business, the meeting adjourned at 7:52 p.m. lve Page 7 of 7