Fort Walton Beach Council minutes — 05-28-1991 Regular — reading text

yes vote to a no vote. While the City Attorney researched the question, the Mayor continued with the agenda.  5- 28- 91 153 AERO COMPONENTS Mr. Maney presented the following statement: I have TECHNOLOGY ( ACT) LAND examined some 46 transfer deeds which I have here LAND SWAP - TOM MANEY involving the Industrial Park. Except for those conveyances made subject to pre- Industrial Park criteria, all of those transfers have been subject to the normal Industrial Park restrictions with the single exception of this last transfer made to Aero- Components Technology. These restrictions are all based on either Resolution 82- 27, 86- 33 or the latest and current Resolution 86- 50. I The property as I through current am in Resolution Industrial very specific concerned represents the law until it formal action by this Council. governing Park is the transfer and is as changed of far I have studied Resolution 86- 50 and have noted numerous instances in procedure which I believe this Council viola ted . It is true that if we make the law, we can change it, of course, but as long as a certain procedure is the law that we made, we should follow that procedure. I now wish to make a matter of record my observations regarding what I believe to be Council actions in violation of Resolution 86- 50 concerning this latest land trans fer. Paragraph ( 1) of the Procedure section of Resolution 86- 50 requires that the applicant for parcel of land a make a formal application on a specific form which includes a definition and statement of normal Industrial Park restrictions. The application does not state how the requested parcel of land will be paid for, hence it is reasonable to assume that payment may be made by cash, land exchange, or any other mutually agreeable tender. As Mr. Keeler has noted in his response to sane of my questions, THERE IS NO APPLICATION ON FILE FOR THIS PARCEL. Paragraph ( 5) of the Resolution Procedure says the Fort Walton Beach City Council will consider all elements of the application and all aspects of the project. and will make final determination regarding the aspects of the project, and City Council will make final determination regarding the proposed use of the Industrial Park I including the amount of property to be offered for bid by the City, and the minimum price to be accepted. Council Paragraph ( 6) did not do says this that The either. the property offered by the City will be offered public bid at according to the procedures established by the City. This was not done. Paragraph ( 8) says that the conveyance will contain the terms and conditions approved by the Council. These too were omitted.  5- 28- 91 15L1 SWAP ( CONT.) Mr. Maney continued, the next section of the Resolution-- DEVELOPMENT CRITERIA-- identifies these terms and condit ions. The Development Criteria or conditions for sale includes the following requirements: The applicant shall employ a minimum of twenty full time employees per acre ON THE PROPER'IY REQUESTED. The applicant will request only such as the applicant will need for the project acreage to be developed. Projects included in the long- range plans of the applicant may likewise be submit ted, and options may be extended by the City for the applicant to acquire additional properties. IT IS THE INI'ENT OF THESE GUIDELINES, HOWEVER TO PROHIBIT THE CONVEYANCE BY THE CITY TO ANY APPLICANT OF PROPERTY WHICH IS NOT REASONABLY NECESSARY FOR THE APPLICANT' S FORSEEABLE USE AND DEVELOPMENT. In this regard, it is noted on page 88 of the Council Minutes that Mr. Melvin. representing the buyer, stated specifically the acquisition was for long- range planning. Also in regard to both of these requirements ( namely the twenty employees per acre on the land requested), Mr. Melvin stated on page 92 of the Council Minutes that they were not going to build on the property but probably will duplicate buildings already on the property and use it for parking. Development Criteria ( 3) says the applicant WILL be prepared to commence construction of its facility within 6 months from date of acceptance by the City Council of the applicant' s bid. There is no mention of this in the deed or