Fort Walton Beach Council minutes — 04-10-07 workshop minutes — reading text

and information. Additional discussion included tasking the City's Vision Stewardship Committee to review the charter and make recommendations; that the Charter should be reviewed by the Council in a workshop setting as problems could arise if too many individuals review it; and to consider how in-depth the review will be. Consensus of Council was to schedule a workshop after the summer break, possibly in August, to discuss the Charter. Mr. Miller requested a copy of the Charter, double- spaced. It was suggested an electronic copy be sent to Council for them to review. Also discussed was updating the Council Protocol guide. LOCATION OF COURTHOUSE Discussion on specific location of new courthouse on the property at 1940 Lewis Turner Blvd. Mr. Minich recommended this item be discussed at this time since representatives ofthe County were here to discuss this item. Mr. Miller expressed his desire to revisit the footprint of the land the City is selling to the County for the Judicial Annex, as this may hinder the City's future use of the property, as well as the possibility of obtaining Air Force approval to place the retention ponds on their property in the buffer zones. The Mayor clarified that the City would have to lease Air Force property at the fair market value. n Mr. Reeves stated his concern is the use of the property, which he learned was important to the citizens of the City during his campaign. Mr. Reeves mentioned concerns such as the property in the lJ back being land- locked; that the property would be difficult to sell to a developer; and that the property's frontage is important and something would have to be worked out with the County if future development of City property was desired. i I I I l Council Workshop 4- 10- 07 235 LOCATION OF COURTHOUSE cont. The Mayor advised Council always has the interest of the citizens in mind. Mr. Reeves is aware of that but feels that the citizens have been uninformed by the local media where the fairgrounds is concerned. Mr. Minich informed a contract is in place between the City and County, and through the contract a level of cooperation was established that is unparallel in government. He stated the issue was voted on months ago by the majority of Council and to go by what the majority rules and the contract should be honored. Mr. Reeves informed he has no problem with what Council agreed to, he just feels that it is not too late to readdress the issue. Discussion included the general location of the property; that the property in the back of the fairgrounds that the City owns is not land- locked, as was previously stated; and the County has insured that the City has access to that property. Dr. Pullen advised the City Attorney gave an opinion that the only use for the property is for governmental purposes only, that it cannot be sold for public purpose, and is not available for commercial development. Mr. Miller stated he believed there was a limitation to that restriction of five years. The City Manager stated that in order to sell property, according to the City Code, it must be declared excess, and that the City Attorney has advised that because the City had a public purpose in mind for the property, it could not necessarily be declared excess. The City Attorney stated the bond issue has nothing to do with the requirement in the code regarding the declaration of excess property. Further discussion was held regarding the loss of one of the ballfields due to the retention pond, leaving only two ballfields which are not enough to sponsor tournaments. Jeff Peters, Parks and Recreation Director, advised it would be difficult to have tournaments with only two ballfields, but it is doable. He stated the busy time for league play is between 5: 30- 10: 15 pm Monday through Friday in all three fields, and all are City leagues, A lengthy discussion ensued regarding honoring the contract the City has made with the County; the desires of the citizens of the City; the importance of maintaining the softball fields; and that a motion could be made during the Council meeting to readdress the issue as an agenda item at a future meeting. The City Manager clarified for Council that the County has indicated they will bring a site plan back to the City for informational purposes, and is willing to work with the City on any issues that come up regarding this matter. She advised the City does have a description in the agreement specifically outlining the parcel, and explained how and why the current schematics were designed. She advised three objectives were kept in mind during the entire process: to maintain the ballfields, to maintain the fairground operations, and to accommodate the judicial center. Mr. Holmes commented this was a difficult process, both the City and County had to give a little but it is a good project for both entities and it is time to mme forward. The Mayor noted there are still several agenda items left with very little time left before the Council meeting. Mr. Miller recomrnended bringing the issue of the location of the courthouse up for an agenda item for further discussion and consideration at the April 24, 2007 Council meeting.  r"" 236 Council Workshop 4- 10- 07 LOCATION OF COURTHOUSE cont. Mr. Garvie noted his feelings, and suggested that a fountain be placed in the retention pond to make it more attractive since it will be located at the front of the property. Charles Rigdon, Northwest Florida Fair Board, received clarification that there is a provision for cross parking agreements between the County and the City. The Finance Director wanted to clarify, for the record, that the debt for the fairgrounds is for 10 years, J not five years as previously mentioned. The Mayor advised that Item 4, Fairgrounds Lease Negotiations, and Item 7, Process for Council Requests, will be discussed after the conclusion of the regular Council meeting. RECESS The Council Workshop recessed at 6: 50 p. m. RECONVENE The Council Workshop reconvened at 10: 20 p. m. FAIRGROUNDS LEASE NEGOTIATIONS Discussion of Fairgrounds Lease Negotiations. Mr. Minich stated the issue is on-going and felt it appropriate that Council give guidance to the City Manager and City Attorney on several items. He wished to discuss the rate, whether an Operations Plan is needed, and whether the permitting process can be streamlined. Mr. Minich addressed the permitting process first, commenting it is a lengthy administrative process intended for someone putting on one or two events a year. Dr. Pullen commented the City does not oversee what occurs by businesses on other pieces of property the City leases. He stated his feeling the City should let the Fair Association operate their business as they have done successfully for 30 years, and suggested a provision be included that the City would receive a percentage if they receive over a certain amount of revenue, but the City should not try to tell anyone how to run the business. Mr. Minich suggested the permitting process be streamlined so that when someone is going to have an event at thefairgrounds it can be reviewed and completed at the fairgrounds and submitted as a packet to the City through the City Manager or designated City employee. Discussion ensued regarding the length of time it takes to get a permit, and that an event cannot move forward until the permit is received. The City Attomey advised she felt two different permitting issues were being discussed, the approval of the operations plan and the second being the business tax receipt issue. Mr. Minich stated he feels an operations plan is not needed and that the permitting process will ~'...::,.,.,....". suffice. With that clarification, the City Attomey reminded that the City is in a license with the Fair .: Association, not a lease agreement, and the requirements are different. She advised a lease can be done if Council decides to move in that direction, removing the oversight and management of what occurs on the property. She reiterated that a license is intended to be a specific use and the City maintains control as the property owner, and that a lease would grant the Fair Association a greater ability to operate freely of any management by the Council. Mr. Hartwell reminded Council that it was voted on in November of 2006 to negotiate a three- year license agreement with the Fair Association, to include a 180- day termination clause, with four of those voting in favor still seated on Council. Council Workshop 4- 1 0-07 237 LEASE NEGOTIATIONS ( CONTI Discussion included Council leaning toward a lease with the fairgrounds; the need to eliminate the operation plan; streamline the permitting process; and to arrive at a fair price for everyone. Mr. Miller went on the record for advocating for a five- year lease with the Fair Association and proposed a 25% share whereas the City would receive 25% of the proceeds and the Fair Association would pay no rent. The City Attomey informed she can, if Council is inclined, put together a lease document for Council to review. She advised other City leases are five years with a repeating time frame, so they end up being 20- 30 years, are public purpose leases, and extended to those that are non- profit. She stated the Fair does have profit making ventures and they are a quasi- public purpose entity. The City Manager clarified that based on what she is hearing from Council, she begins negotiations with the City Attomey and the Fair Association under the terms discussed with the Fair Association and bring the revised document back to Council. She questioned how bound she is to the direction given her by the previous Council. The City Attomey said the current license agreement is binding until a new decision is made, and that the same terms can be put into two different documents and Council can choose the one they prefer. The City Attomey mentioned she has given a legal opinion several times stating that because specific individuals and properties can be exempted from the Code, the individuals from the fair have been required to get an occupational license, or a business tax receipt, and she does not think the City can overcome them from having to do that because other organizations would want to be exempt as well. Mr. Hartwell noted that the appraisals made were assessed at fair market value for the purchase of the property, not for the lease of it. amended 4- 24- 07. and ;;t l~cense Consensus of Council was for the City Manager and City Attomey to negotiate a lease with the Fair Association. PROCESS FOR COUNCIL REQUESTS Discussion regarding the