Fort Walton Beach Council agenda — 01-23-2007 regular agenda — reading text

amending ordinance to attached address concerns of staff and the administration regarding errors and changes to approved site plans. special purpose as- built This new survey requirement is foundation necessary to clarify the responsibilities of permit holders and will help to ensure errors or omissions to approved site plans are identified in a timely manner, and thus corrected as necessary. DISCUSSION: The policy of the CDS Building Division has been to require the current building permit holder to provide an as- built survey prior to the issuance of the certificate of occupancy. By this time, the building or major addition has already been completed and corrections and changes to rectify any mistakes were basically too late in the process to address effectively. The within 21 proposed amendment would require an as- built foundation survey calendar days of the foundation inspection, earlier in the construction phase of the development. In this manner, any changes that effected the finished 10f2 1\ floor elevation, setbacks or view corridors could be detected at a time when corrections would be easier to identify and mitigate appropriately. The foundation survey will be reviewed by all responsible city departments via the building official for compliance with appropriate regulations and in some instances, site plan development orders. For developments with a development order, the appropriate city staff will review the as- built survey for compliance with conditions spelled out within the development order. In the event the as- built foundation survey is provided within the 21 daynot timeframe, the Building Division would inspections and invoke a cease further stop work order until the survey has been received and approved. All work performed after the foundation inspection would be at the permit holder' s risk. Failure to make the necessary corrections would also trigger the issuance of a stop work order against the development. A copy of this regulation will be included within each building permit application to put permi t holders on notice. The final as- built survey will continue to be required prior to the issuance of the certificate of occupancy. RECOMMENDATION: Recommend the City Council approve Ordinance 1719 regarding the provision of a special purpose as- built foundation survey. Attachments: Ordinance 1719 City Attorney memo REPORT PREPARED jJf?fJ{) f Date CDS REVIEWED & SUBMITTED BY: Li Building CDS REVIEWED & SUBMITTED 1//(;/ 07 D'ate ' Services 1~ REVIEWED AND CONCUR: ~ ahan 11~/ 07 Dat City Manager 20f2  CITY COUNCIL MEETING January 23, 2007 Regular Agenda Consideration of release of lien in the amount of 51, 000 for the property located at 124 Magnolia Avenue SE in lieu of payment of $ 2, 550 CDS Director) Council Action 1st 2nd Vote: Agenda Item Number: RG - 13  CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: January 16, 2006 To: Joyce Shanahan, City Manager From: Missy McKim, CDS Director SUBJECT: Release/ reduction of lien at 124 Magnolia Avenue SE, David & Elizabeth Holman REQUEST: David Holman is requesting that the lien on 124 Magnolia Avenue Southeast be reduced. BACKGROUND: The subject property was found in violation of Sec. 3178 ( A) (4)( 5)( 6): Fence Maintenance, Sec. 3178 ( A)( 4)( 5)( 6)( 8): Maintenance General, Sec.3178( 34): Roof A)( Maintenance, and Sec. 3178( A)( 13)( 14)( 15)( 16): Windows on July 29, 2005. The owners of the property are David E. &Elizabeth A. Holman. The violations were not corrected and Order II was issued by the Code Enforcement Board on May 11, 2006. The respondents were ordered to correct the violations and to pay a fine of $250. 00 per day for each day the violation continued beyond June 8, 2006. The property was complied on December 29, 2006. The accrued lien amount is $ 51, 000. 00. DISCUSSION: Mr. David Holman is the property owner of 124 Magnolia Avenue SE. Mr. Holman is requesting the lien imposed on the property be reduced. Mr. Holman states that due to the prior condition of the property as well as the events of Hurricane Katrina in their hometown of Bay St. Louis the code violations for this property could not be corrected in a timely manner. Mr. Holman apologies that this property was in violation for such a long period of time and states that he will actively maintain it to prevent future code enforcement actions. RECOMMENDATION: Staff recommends that Mr. Holman' s request to reduce the lien be approved with the condition he pays the amount of $2, 550. 00 of the $ 51, 000. 00 lien amount. Staff also recommends that upon payment of the $ 2, 550. 00 that the City of Fort Walton Beach will release the lien from this property. Submitted by: Reviewed and Approved bilJ! J1tf-_______ '/ i y" I'; R ' ).:- I ;. , i .~  CITY COUNCIL MEETING January 23, 2007 Regular Agenda Consideration of request by the FWB Housing Authority to rebate their Payment in Lieu of Taxes, totaling 20, 841. 97 Finance Director) Council Action 1st 2nd Vote: RG - 14 Agenda Item Number:  CITY OF FORT WALTON BEACH MEMORANDUM To: Joyce Shanahan, Gty Manager :. From: Lisa Absher, Finance Director Date: January-17, 2007 Subject: Agenda Item 1/ 23/ 07 - Housing Authority Request to Refund 2006 Pilot Payment Background: The Gty has a cooperation agreement from 1968 with the FoIt Walton Beach Housing Authority to provide low-rent housing in the Gty of FoIt Walton Beach. This agreement provides for Payments in Lieu of Taxes ( PIL01)to the Gtyof FoIt Walton Beach. According to the agreement the Housing Authority remits annual payments to the Gty calculated upon the lesser of: (~ 10% of the Shelter Rent actually collected, not to exceed 10% of the amount actually charged or ( it) the payment pennitted by applicable state law in effect on the date such payment is made. Housing projects are generally exempt from Ad Valorem taxes, therefore the Florida State Statutes Section 423. 02) provide for payments in lieu of such taxes. A housing authority may agree to make contributions to the Gty for the expense of services provided such as police, fire protection, and other General Fund services otheIWise paid for by other taxpayers. Discussion: The net PILOT fees due under the Gtis agreement for FYE June 30, 2006, are calculated to be 20, 841.97. The Housing Authority has provided check # 38474 for this payment. It has been the recent history of the Gty to waive or refund all or a portion of the proceeds to the Housing Authority: PILOT for Amount FYE2006 20, 841.97 FYE2005 15, 829.43 FYE2004 13, 333. 00 FYE2003 11, 845. 00 FYE2002 6, 309. 00 I~ In their letter dated 1/ 16/ 07, the Housing Authority is asking for a full refund of the $ 20, 841.97, and to use these proceeds to fund the start-up costs including financial and legal advisor fees to be incumd for a new 200- unit expansion project at Gennany Tenace. Recommendation: The Gty's FY2006- 2007 Budget includes a minimal amount ($ 1, 000) in expected revenue from this source. It is the discretion of Gty Council to award all or any portion of the total proceeds of 20, 841.97 to the Housing Authority. It would be prudent to clarify the intent of an award as follows: If it is the desire of Gty Council to stipulate how the funds should be spent, Staff encourages the Gty Council to include this direction in their motion, and ask for a report or confinnation from the Housing Authority that the funds have been spent for those designated purposes. Or- If it is the desire of Gty Council not to stipulate how the funds should be spent, this should be clearly stated in the motion. Submitted By: