Fort Walton Beach Council minutes — 02-13-07 workshop minutes — reading text

179 MINUTES OF THE COUNCIL WORKSHOP MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA FEBRUARY 13, 2007 INTRODUCTION A Council Workshop Meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, February 13, 2007 at 5: 30 p. m. \/lAth the following members present: Councilmen: Mike Holmes, Bill Patterson, Bob Campbell, Jim Tucker, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, Finance Director; Toni Craig, City Attomey; and Department Directors CALL TO ORDER The Mayor called the meeting to order. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. PURPOSE OF MEETING- IMPACT FEES The Mayor announced the purpose of the meeting was to discuss placing the City Library up for sale. Mr. Minich moved to suspend Roberts Rules of Order for the remainder of the Workshop. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. Mr. Tucker acknowledged that the library has been an asset to the downtown as property values have risen and more businesses want to come in downtown. He voiced his belief that the current location is not appropriate for a library and thought the library should be put where it would be to the advantage of not just the downtown but to all the citizens. He expressed his desire that Council have an opportunity to readjust the library location and asked the City Attorney if it would be legal to declare the property excess and sell it. The City Attorney replied it is the ordinance that declares how to declare property excess. She said the property is currently being used for a public purpose and the public purpose would have to be changed to satisfy the ordinance. She said the ordinance can be changed but in her opinion at this time it cannot be declared excess unless something different is done with the property first. Mr.Tucker wished to know if it is within the control of the majority of Council to sell the property once it is done according to law. The City Attorney said she has not reviewed the deed to determine if there are any deed restrictions on it and she \NOuld have to research that. Mr. Tucker made the assumption that with the consent of Council that the property can be declared excess and then sold. He mentioned two phone calls he received with interest in purchasing the property. He then commented he would like to see the library located to the west of the auditorium, slightly set back and with a view of the Sound Park. He mentioned he did not like the current location as it is awkward to get to and he would not want his grandchildren to ride their bikes to get to it, and if he could plan on receiving a second, he will bring it up at the regular meeting tonight. Mr. Minich renewed his objection to having any item placed on a workshop followed by the City Council meeting.  O"'....-,,~~~"'. i 180 Council Workshop 2- 13- 07 LIBRARY LOCATION cont. Mr. Hartwell asked the City Attorney when a poor business decision is made and they want to correct that decision, if declaring the property excess was the only vehicle available. The City Attorney stated the question about relocation would clear up the issue of whether or not it is excess property. She said the Code requires that property cannot be declared excess unless there is no intended, or planned or current governmental public purpose for the City. She said it is the only way the City can sell property but if the library is relocated and the library is not there, then it may be excess or it could be used for another governmental purpose. The Mayor requested clarification with his understanding that the property is now currently a public iiiI~~'" purpose and to declare it excess the City has to find a new location for it and therefore declare it is no longer needed for public purpose at its current location. The City Attorney replied she was not conditioning that, she believed Mr. Tucker' s discussion conditioned it because he made the comment regarding relocation to a place west of the auditorium, so in that scenario it would clear up the excess property issue. She said if Council is just looking at it today and put it on the market today, it is her opinion, as with other city properties, that unless Council can say it has no government public purpose then it cannot be declared excess by the Code. Mr. Hartwell wished to know if they are stuck with the decision they made unless they can declare that previous action excess. The City Attorney stated as with any legal scenario the facts change depending on where and when they are dealing with it, as there is no absolute answer that covers every single piece of property. She said if the City has a piece of property with an abandoned building or not used and the City decides to sell it to use it for rehabilitation or affordable housing then it would still, perhaps, maintain a public purpose and it would not have to be declared excess. She said if the City were actually going to transfer title to a private party that has no public purpose for it, then the first step in the ordinance is to declare that it has no public purpose. She said the relationship of whether or not it was a good decision when it was made is irrelevant because as they move forward things change, the facts change, and there could have been a planned purpose for a piece of property that has now changed. Mr. Hartwell commented he was not saying it was a bad decision, but that in general if the facts change then they can go back and make corrections or modifications. Dr. Pullen asked if it was State law or the ordinances on excess property. The City Attorney stated the excess property is only by the Code. Dr. Pullen received confirmation that Council could change the ordinance. He then wished to know if the City could swap the for a built to their property library specifications. The City Attorney was unable to answer that question. She said Council can change the ordinance, it is not an issue of State law and in her opinion the ordinance restricts Council from what State law allows them to do. Dr. Pullen commented that Council is only restricted by what they have and can change it to fit the needs of the community or for the betterment of the community. The City Attorney reminded Council as she has said before she would never suggest or advise they make a change in an ordinance to address one issue; if there is a lot of property that could be subject to ...... some change of use and then declared excess, then she would suggest they go through the proper process with the staff to determine that and make the change consistently with the ordinance for all properties. Mr. Patterson expressed his understanding that the City would have to have another piece of property, consider building another library and transferring the use of that property before it would be excess. The City Attorney replied that is assuming the City wants to maintain a library. Mr. Patterson commented then that as long as it is in use with no piece of property on the horizon with an estimate of construction, etc., then it cannot be declared access until all the process starts because there is no movement toward a new building. Council Workshop 2- 13- 07 181 LIBRARY LOCATION cont. Mr. Patterson expressed his understanding that an orderly process would have to be set up for it to take place with an appraisal on the property to determine the fair market value and determine the construction cost of a new library to make sure what the property is sold for would cover the cost of building a new library. The City Attorney stated it would need to be more expanded, and it may need to be accomplished through the Vision Plan so the City would know that the citizens want to change the entire venture of the downtown area and it would be a larger planning process. She said at any time Council can choose to change an ordinance to get rid of a piece of property, or to simply get rid of a piece of property if there is no public purpose for it. Mr. Patterson expressed his understanding that right now the library stands and there is a public purpose for it and