Fort Walton Beach Council agenda — 04-27-2007 regular agenda — reading text

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 mO\e forward. The Mayor noted there are still several agenda items left with very little time left before the Council meeting. Mr. Miller recommended 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.  Council Workshop 4- 1 0- 07 236 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, 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 the fairgrounds 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 Attorney 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 Attorney 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- 10- 07 23' 7 LEASE NEGOTIATIONS ( CONT) 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 Attorney 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 j being 20- 30 years, are public purpose leases, and extend,ed 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 Attorney 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 Attorney 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 the City can , required to get an occupational license, or a business tax receipt, and she does not think other would want to be exempt as well. overcome them from havingto do that because organizations 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. Consensus of Council was for the City Manager and City Attorney to negotiate a lease with the Fair Association. PROCESS FOR COUNCIL REQUESTS Discussion regarding the process for Council Requests for Information. The Mayor suggested a request log be utilized for Council requests to include who made the request, the City and the department it was intended for, as a way to control and document the many requests is asked for. He recommended the Clerk act as a " clearinghouse" for all requests for information, City for the that all requests go through the City Clerk, who will forward them to the City Manager appropriate department director, then be returned to the City Clerk when the request completed. is made of Staff be documented in the source of a memo of He also suggested that verbal requests staff member to the department director so the directors are record or other written form from the been asked. The City Manager advised this could be aware of what members of their staff have handled administratively. ADJOURNMENT J Being no further business, the meeting adjoumed at 10: 55 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK lye  239 MINUTES OF THE REQULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA APRIL 10, 2007 INTRODUCTION A regular meeting of the City Council. of Fort Walton Beach, Florida, Was held on Tuesday, April 1 0 2007, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson l Councilmen: Mike Holmes. Hartwell, and Mike Minich Virgil Miller;' Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, Finance Director; Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER The Mayor called the meeting to order and welcomed everyone. He requested anyone who wished to address Council to approach the podium after being recognized, then state his or her name and address for the record. INVOCATION Associate Pastor Larry Carter, Fishers of Men, gave the invocation. PLEDGE The Mayor and Pastor Carter led in the Pledge of Allegiance. PROCLAMATION The Mayor read a proclamation proclaiming April 14, 2007 as YMCA Healthy Kids Day and presented to the Branch Manager Michael Appe, Joe Cassell, and Betty Armor. PROCLAMATION The Mayor read a proclamation for Volunteer Appreciation and presented to the City Clerk Helen Spencer. CONSENT AGENDA Mr. Holmes moved to approve the following Consent Agenda items. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich