Fort Walton Beach Council agenda — 01-10-06 Regular — reading text

Tucker, Pullen, Hartwell, and Minich in favor. The City Manager requested she be allowed to donate 33 hours of her unused vacation leave to the City's sick leave bank. Mr. Tucker moved to allow the City Manager to donate 33 hours of unused vacation leave to the City' s sick leave bank. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. The City Manager discussed the paving of Hollywood and Wright intersections might be delayed because of rain. She announced the Police Accreditation cookout on December 15, 2005 at 11:30 am; the Christmas movie at the Landing on December 17, 2005 at 5 pm at the Landing. The City Manager announced the City offices will be closed on December 23 and 26, 2005, and January 2, 2006. The City Manager thanked Chief Bishop for his service as chief the past two years, as well as all the other years, and wished Council and employees a Merry Christmas. ADJOURNMENT There being no further business, the meeting adjourned at 8: 45 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK u______.__._________. ------ ~---- -----.--.-------- - .  57 MINLJ~~ S OF THE SPECIAL COUNCIL MEEt ..~G OF THb .lOfTY OF FORT WALTON BEACH, FLORIDA DECEMBER 20, 2005 INTRQOUCTION A special meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, December 20, 2005 at 5: 30 p. m. in the Council Chambers at City Hall, with the following members present: - Mayor Mike Anderson Councilmen: Mike Holmes, Bill Patterson, Bob Campbell, Jim Tucker, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich. Also Present: Joyce Shanahan, City Manager; Finance Director (Vacant); Helen Spencer, City Clerk; Toni Craig, City Attorney; Department Directors; and Media CALL TO ORDER The Mayor called the meeting to order to discuss the proposed License Agreement between the City and the Northwest Florida Fair Association. He requested anyone who wished to address Council to approach the podium after being recognized, and then state his or her name and add ress for the record. PLEDGE The Mayor led in the Pledge of Allegiance. PROPOSED LICENSE AGREEMENT DISCUSSION Consideration of a request to authorize the Mayor to execute the propos.ed License Agreement between the City and the Northwest Florida Fair Association for the Building Footprint Only, With Joint Permitted Use of Other Areas. Further, if we are unable to achieve a satisfactory License Agreement with the Northwest Fair Association by December 31, 2005, direct the City Attorney to send a notice to the Northwest Florida Fair Association requiring them to prepare and submit an abandonment plan within 30 days of the expiration of their Special Use Permit with the US Department of Agriculture, Division of Forest Service. The Mayor announced that a document faxed from Holmes Towing was actually forwarded to Council by Mr. Holmes. The document was actually written by Thornber Smith. Mr. Minich moved to split the consideration, discussion, and voting ofthe proposed License Agreement into three parts and then vote on them separately: 1) The physical dimension of the site; 2) The cost of the rent; and 3) The terms of the lease. Mr. Patterson seconded motion. Mr. Hartwell amended the motion to add a fourth item of discussion, the uses of the property. Mr. Minich seconded the amendment and it carried by a vote of 5 to 2 with Holmes, Patterson, Campbell, Hartwell, and Minich in favor and Tucker and Pullen opposed. Mr. Minich explained his reasoning that it would be easier to discuss and vote on each issue separately. The City Manager explained that even if each item was voted on separately, the entire lease would still have to be voted on and approved as it may be amended by Council action. The Mayor called for the vote on the motion as amended and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. u.___--. J 58 12/ 20/ 05 PROPOSED AGREEMENT ( CONT) The City Manager reviewed the background on the purchase of the property at a cost of 4, 000, 000. 00 from the US Department of Agriculture, Division of Forest Service. She advised that as a condition ofthe sale, the City agreed to assume all rights and obligations of the Forest Service and their Special Use Permit with the Northwest Florida Fair from the time of sale until December 31, 2005, when the use permit expires. The City Manager explained the City has met with the Fair Association the past months and areas of concern to the Fair Association include incidental and short terms rentals of 48 hours; the term of the lease; and the rent. She also explained the license agreement is not a lease but a license to use the property-. Charles Rigdon, President of the Northwest Florida Association, introduced the Board of Directors for the Fair, and advised they are ready to answer any questions that Council might have. PHYSICAL LAYOUT/ DIMENSION OF PROPERTY The City has drafted a license agreement that limits the use of the Fair Association to the footprint of the buildings they currently own and occupy which is approximately 6. 29 acres (Area 1); use and access to the parking area; and access to 6. 18 acres ( area 2) as needed, but without exclusive usage. The City Manager explained that the City is not taking ownership or use of any of the buildings of all facilities/ storage facilities on the any area, and the Fair Association will have the right to access property; however, they do not have exclusive use of the land. Mr. Rigdon explained the majority of the buildings on the property were built and financed by the Fair Association; the remaining buildings were built and paid for with state grants and fair activities. He advised that in the mid- 80' s the City paid $ 30, 000 to reduce debt service, and that is the only monies paid by the City for any of the buildings that he is aware of. Clarification was given that the only area for exclusive use by the Fair Association would be the 6. 29 acres, or Area 1. Mr. Minich moved to give the Northwest Florida Fair Association exclusive use of both Areas 1, the 6. 29 acres, and Area 2, the 6. 18 acres. Mr. Patterson seconded motion. Mr. Minich explained that Area 2 contains electrical drops and is behind a locked fence and that is where the fair is held. He informed that the Fair Association has the only key to get to that area, and he does not see where the City has a use for that area. It was noted that Area 2 will not be open to the public and that the Fair Association will have unexclusive usage. Also mentioned was that Area 2 is a secure area and the City needs to have unlimited access to it for emergencies, such as hurricanes, etc. The City Manager informed that, based on conversations with Mr. Rigdon, the possibility exists that the fair may be moved to the front parking lot to make it more visible and accessible to the public. The Mayor called for t he vote 0 n the motion tog ive t he Northwest Florida Fair Association exclusive use of both Areas 1, the 6. 29 acres, and Area 2, the 6. 18 acres and it failed by a vote of 2 to 5 with Patterson and Minich in favor and Holmes, Campbell, Tucker, Pullen, and Hartwell opposed. 0- ____"_ ._ _ ._.________ _  12/ 20/ 05 59 PHYSICAL LAYOUT (CaNT} Dr. Pullen moved the use of the Fair Association to the currently own and occupy which is footprint of the buildings they approximately 6.29 acres (Area 1); use and access to the parking area; and access to 6. 18 acres (area 2) as needed, but Patterson seconded motion and it carried 6 without exclusive usage. Mr. to 1 with Holmes, Patterson, Pullen, and Hartwell in favor and Minich Campbell, Tucker, opposed. COST OF RENT The City Attomeyadvised that on Line 57 of the License as the. rent shall be Agreement, the word 'monthly' be deleted paid on an annual basis on January 1. Discussion ensued as to having payments on a quarterly basis ~ t a cosJof$ 20, OOO_ and__tbat tbe_ City- receive-50/ er of per quarter, gross-receipts- charge- ora II business conducted on the Fairgrounds. Also discussed was whether there was a reference to late fees. The City advised a clause had been added that stated the agreement could be terminated '' Attorney cause," which could construe that with or without to mean lack of payment, and there was no penalty or default provisions in the lease. Mr. Rigdon advised that clause was not included in the first draft agreement he received; the City Manager advised it was included in the document sent to Charles Rigdon, Sr. Mr. Tucker moved to accept the rent amount of $20, 000 on a January 1, April 1 , July 1, and October 1, of each year, quarterly basis as follows: business conducted on the demised plus 5% of the gross receipts of all premises. Mr. Patterson seconded motion. Discussion included the fact that there has never been a charge for parking.