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

The Mayor called for the vote on the motion and it carried Patterson, Campbell, Tucker, Pullen, Hartwell, unanimously with Holmes, and Minich in favor. TERMS OF AGREEMENT Mr. Tucker moved to accept the term of the License Agreement for a period of three ( 3) years, commencing the first day of January 2006 and ending at midnight on the 31st of December 2008. Dr. Pullen seconded motion. Discussion included the fact that the City has five- year leases with other properties and this lease should not be an exception. Mr. Rigdon expressed his concern regarding the clause " with or without cause" in reference to termination of the lease, and would like to see a clause added that stipulates if the lease is terminated without cause, or if the the property after three City decided they didn' t want the fair on years, the City would purchase the assets ( explained that if a clause is not in the agreement and the buildings). Mr. Rigdon lease is not extended, the Fair Association must file an abandonment claim. Mr. Minich advised a motion is on the floor for the term of the lease, and to vote on that then discuss the addition of clauses, etc. Mr. Patterson expressed his feeling that a five- year lease would be more feasible, and the Manager advised there is a 180 days notice contained in the lease. City The Mayor called for the vote on the motion and it carried Patterson, Campbell, Tucker, Pullen, and Hartwell, by a vote of 6 to 1 with Holmes, and Minich opposed. i J 30 12/ 20/ 05 STIPULATION CLAUSE The City Attorney advised that Section 11 of the Agreement contains the provisions regarding expiration, termination or abandonment, and that is the section that would need to be revised. The City Manager further advised that the abandonment plan is nearest the language that both the Fair and City had with the US Forest Service. Mr. Hartwell moved that a provision be provided to negotiate purchase of any, all, or none of the above improvements upon termination of the License Agreement. Mr. Tucker ground seconded motion. The City Attorney informed that the agreement states that if the Fair Association fails to revise the abandonment plan as requested by the City, all above ground improvements shall become the to the property ofthe City and may be sold, destroyed, or otherwise disposed of without any liability City. Mr. Rigdon expressed his feeling that the clause is a one- sided arrangement for the City. He stated that if either side decides not to renew the lease for whatever reason, he wants a good faith effort to negotiate. He stated the fair has been a mainstay for 37 years and if the City decides it no desires the fair, thebuildings so the fair can start over somewhere else. He longer they purchase also stated the buildings are worth a lot of money and the fair would not just abandon them. Council countered that if that were the case, the City would be required to buy buildings it had no use for. The City Attorney stated that if the motion currently on the floor is passed, the following revision be added to Section 11 B to satisfy the motion: At the end of the first sentence, add If Licensee aives notice of intent to surrender the Dremises. licensee shall DrODose an abandonment Dlan for the Dremises which mav include an offer to the City to Durchase the above around imDrovements. She a1so the provided followingrevision as the second sentence of Section 11 B: The abandonment Dlan shall sDecificallv outline and address removal of the above around improvements owned by Licensee. the restoration of the Dermit area. Drescribed timeframes for these actions. or the method of valuation of the above around imDrovements in the event of Durchase by the City. with Holmes, The Mayor called for the vote on the motion and it carried unanimously Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. USE OF PROPERTY The 2006 Plan of Operations submitted by the Fair Association was discussed. Council sections questioned how the City would schedule use of the parking lot or the rear area or all except Area 2 since there were no dates mentioned in the Plan. Mr. Rigdon advised the only time the entire parking lot is used is during the nine days of the year when the Fair is held; otherwise, the lot is more than adequate to serve the City' s needs as well as other events that may be occurring. The City Manager confirmed that in the past the City has always been able to coordinate events with no problems. Also discussed was the definition of Fair Activities as agricultural, educational, or fair purposes, as defined in Florida Statute 616, and how the events in the Operational Plan fall under this definition. to Mr. Rigdon explained that fairgrounds as they stand alone cannot produce enough revenue sustain the facility, and the majority of Florida fairs depend on off-season rentals that under Statute the 616 are determined to be fair activities because they bring in additional revenue and keep grounds maintained all year.  61 12/20/ 05 USE OF PROPERTY (CONTI The City Attorney informed that the City code and charter states that these under-market value leases are done for public purposes, and Council has the decision as to whether the events in the Operations Plan satisfies the term " public purposes. She also explained in n approving the agreement Council is also approving the Operations Plan, and any changes within the next two or three years would have to be approved by Council. The City Manager added that from time to time there are short- term rental issues and other incidental rentals that arise that are not mentioned in the and plan, those issues would have to be brought before Council as well. Mr. Tucker moved to authorize the Mayor to execute the proposed License Agreement between the City and the Northwest Florida Fair Association for the Building Footprint Only, With Joint Permitted Use of Other Areas, as amended, and to approve Plan of Operation for 2006. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. BOARD OF DIRECTORS Discussion ensued regarding the placement of a Council member on the Fairground Board of Directors. Mr. Rigdon responded he feels it is an appropriate request, and he expressed his thoughts that this partnership will be a perfect opportunity for the City and the Fair Association to work together for the good of the fair. The City Manager requested the Fair Association send a letter inviting a Council member to sit on the Board and it would be I placed on a futureagenda. Further discussion included the possibility of changing the name to the Fort Walton Beach Fair Association. Mr. Rigdon advised the fair was called that at one time, but was changed to Northwest Florida for marketing purposes. However, he informed that could certainly be considered. FEMA EMERGENCY STAGING AREA AT FAIRGROUNDS Council suggested that the City Manager prepare a letter to the Mission Enhancement Committee at Eglin requesting the City purchase the property at the south end of the Fairgrounds parking lot for the development of a FEMA emergency staging area. The City Attorney advised that this request be placed on the Council agenda in January. MAYOR ANNOUNCEMENTS The Mayor requested a workshop in January to discuss and clarify Council's role in the daily activities of the City under the present charter. CITY MANAGER ANNOUNCEMENTS The City Manager advised that Mr. Breeden cancelled the scheduled meeting with the City and that the City Attorney will follow up with his attorney on the issue. The City Manager informed she will prepare a letter to the Emerald Coast Bridge Authority asking that the City be allowed to present their position on the proposed bridge on Blvd. at the Hollywood January meeting. I I I