Fort Walton Beach Council agenda — 11-14-06 ‎(regular)‎ — reading text

currently required by the Fairgrounds Association to us. The Mayor opened the floor for public input. Chris Gibson, 249 Brooks Street, city resident, remarked until there is a master plan for the property that the property should not be sold to anyone. Mr. Hartwell wished to know jf the Fair Association could legally own the property. Mr. Charles Rigdon responded in the affirmative, that the Fair Association can own property. Mr. Tucker wished to know the amount of acres the Fair Association would want. Mr. Charles Rigdon responded 18- 20 acres, and they would need a joint agreement for parking. Mr. Holmes wished to know if it is assumed the Fair Association would want the acreage they are on now, and that the City would sell them that particular parcel. Mr. Charles Rigdon mentioned they are handicapped because of their buildings and they would try to formulate a plan that would incorporate their existing facilities. He stated it would be difficult for the Fair Association to purchase the land and then build new facilities. He mentioned the City should also establish how it is going to be appraised. Mr. Tucker wished to know if the Fair Association is prepared to negotiate with the City Manager on the purchase of the property. Mr. Charles Rigdon replied they are prepared to negotiate. Mr. Hartwell wished to know if the Fair Association would be willing to move any of the buildings, and build new up to code structures. Mr. Charles Rigdon replied the Fair Association has had 2- 3 master plans prepared over the years, but it is cost prohibitive. Glenda Glover, 116 Waynel Circle, expressed her understanding when selling property it would have to be appraised then placed up for bid. She wished to know if Council could say they will sell it to the Fair Association, legally. 8 Special Council 10- 25- 06 ABANDONMENT PLAN cont. The City Attorney replied she put out an opinion on that issue a few months ago and the City has to follow the procedure. She said one of the biggest hurdles is the first step, the as excess if declaring property they intend to sell it; then the next step is how to arrive at the value and the appraisal and how it would actually be sold, whether it be by sealed bid, auction, or negotiated sale; but either way it would go out for a bid. Mr. Holmes noted the City can sell the property but cannot guarantee the sale to the Fair Association, or any person; it has to go out to the public and whoever has the high bid would be first. The Mayor expressed his doubt that the City could establish a price and offer to sell the property to the Fair Association as requested. The City Manager mentioned a caveat that one of the options is a negotiated sale in that the Council can determine there is a specific purpose for that property and can enter into a negotiated sale. She said once it has been out for bid and the prices received, the City can still consider them because it is in the best interest of the community. The City Attorney pointed out the first step is declaring it excess. Chris Gibson, 239 Brooks Street, mentioned if the City does decide to sell the property to the Fair Association, there be a condition in the sale to assure that the Fair Association would not tum around and sell the property. Mr. Tucker wished to make a motion that the City Manager enter into negotiations with the Fair Association to allow them to discover a price at which, after due diligence with the law, the property can be sold to them. The Mayor pointed out the City cannot sell directly to the Fair Association, that the City has to go through the process, and believed Mr. Tucker is asking the City Manager to begin the process to declare the property excess so the City can sell the property. Mr. Patterson stated he was asked the question why the City is not opening the land for public bid on the property for the judicial center. The City Attorney noted the City has not gotten to that point. Mr. Patterson expressed his understanding that once it has been declared excess and enter the process, there is no going back, it cannot be taken off the market. The City Attorney explained the Code allows Council to specifically reject all bids and offers, that Council has complete control over that. She stated as she advised, the first hurdle is declaring it excess property, that there is no public purpose for it. Mr. Tucker commented the City does not have a public use for it at this point in time, and he would like to move forward to allow the Fair Association to own the property. The Mayor wished to know if Council needs clarification on the process to know how to state the motion, or if it should simply be a motion to begin the process to declare the property excess and put it out for bid through a negotiated bid process. Mr. Patterson suggested a motion to begin the process to see if it can legally be declared excess. Special Council 10- 25- 06 99 ABANDONMENT PLAN cant. Mr. Hartwell pointed out the agenda information describes the steps on how to declare excess real property, what they can and cannot do. He referenced the part of the Code which states that no property shall be declared as unneeded for the immediate and future developmenUuse requirements of the city if the city has any existing or projected developmenUuse for the property. He expressed concern it has been discussed by Council to get a master plan for the property, so the City has future use for the property, and that may prevent them from declaring it as excess. The City Attorney stated that is exactly what her previous opinion stated, which is what she means by the Council is going to have problems declaring it excess at this point. Mr. Tucker wished to know if Council wanted to sell the property to the Fair Association and expressed his thought that if it did not violate the federal constitution, state constitute, or city charter, then Council can sell the property. Mr. Holmes was not optimistic that the value of the price could be negotiated, and thought it would be such a long process that it would be at the end of the 2008 contract. Mr. Tucker commented part of his motion would be, regardless of what is entered into, the time continues to run. The Mayor questioned whether Council could address option 2 to establish a price and offer to sell the property required by the Fair Association. The City Attorney advised Council could not establish a price and cannot directly offer to sell the property. The Mayor questioned whether Council could begin the process to declare the property excess with the anticipation of selling the property. The City Attorney replied the only motion Council can make is to begin the process of analyzing whether or not they can declare the property excess. Mr. Hartwell moved to begin the process of analyzing whether or not the property can be declared excess. Mr. Tucker seconded motion. Mr. Patterson wished to know if it could be added that the Fair Association can have the right of first refusal. The City Attorney advised not at this point. Mr. Hartwell received confirrnation that if the motion is passed the remaining options would not be addressed at this time. The City Manager inquired what would happen with the termination ofthe existing lease if the motion goes forward, as part of the termination requirement is that after 180 days if the property is not restored to its current condition, the City takes ownership of all buildings. She was advised another motion would need to be made to clarify what the Fair Association needs to do, or it could be assumed the termination date would continue as is. The City Manager received clarification from the City Attorney that she should bring a report forward to Council declaring the property excess, and the legality of declaring the property excess is part of the analysis to be determined by herself and the City Manager. The City Attorney further added that in this specific situation, it would be difficult to understand how the property could be declared excess with all of the legalities occurring. The motion was restated for clarification to begin the process of analyzing whether or not the property can be declared excess. Mr. Rigdon was advised it would take one day to declare the property excess. RECESS The meeting recessed at 7: 10 p. m.  Special Council 10- 25- 06 I 00 RECONVENE The meeting reconvened at 7: 20 p. m. ABANDONMENT PLAN cont. The Mayor advised the motion made by Mr. Hartwell and seconded by Mr. Tucker was taken off the transcript, and asked Mr. Hartwell to read it for clarification. Mr. Hartwell stated his motion is to begin the process of analyzing whether or not the property can be declared excess. The Mayor asked for public input. Chris Gibson, 249 Brooks Street SE, commented she believed the reason the City purchased the property from the US Forest Service was to leave it for public and recreational use and to leave the fairgrounds there, plus to use as a buffer zone for the Air Force, and stated Council should stick to their word and have the fairgrounds remain. Mr. Charles Rigdon again questioned the timeline for the property to be declared excess, and received clarification that if the motion passes, there would be two follow-on motions, one to set the timeline for a decision on the legality, and how to address the timeline of the lease. the Jerry Miller, 91 Bay Winds Drive, Destin, and Vice President of the Okaloosa Kennel Club, informed Kennel Club had to relocate their event to Escambia County because they could not use the fairgrounds. Mr. Miller commented on his findings that the sentiment of the community is to preserve the fairgrounds. He advised the regulations being discussed are City code provisions, and Council has the power to establish different criteria regarding property not needed for municipal purposes but needed for public would need to extend the fairgrounds lease and purposes. Mr. Miller informed that to do that, Council undertake a re- write of the portion of the code that accommodates the circumstances that was not a need at the time the regulation was established. to revisit or Roger Clark, 3 Lake Lorraine Circle, Shalimar, stated his thoughts that it would be beneficial a definite negotiate a lease or license with a specific date to give both the City and the Fair Association timeframe in which to determine the best action to take. There was no further public input. the The Mayor called for the vote on the motion to begin the process of analyzing whether or not property can be declared excess and it carried by a vote of 4 to 2 with Patterson, Campbell, Tucker, and Hartwell in