Fort Walton Beach Council minutes — 01-23-07 regular minutes — reading text

moved to adopt Ord. 1714 on second reading. Mr. Minich and it carried seconded motion unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor. Hartwell, PUBLIC HEARING- ORD. 1719. FOUNDATION SURVEY The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 3. 02, BUILDING CODE, BY ADDING SECTION 3. 02. 13; PROVIDING AUTHORITY; ENACTING A NEW SECTION FOR PROVIDING A FOUNDATION. SURVEY SHALL BE REQUIRED WITHIN 21 CALENDAR DAYS AFTER THE PROVIDING FOR CONFLICTING FOUNDATION INSPECTION; PROVISIONS; PROVIDING FOR SEVERABILITY PROVIDING FOR AN EFFECTIVE DATE. AND Malcolm Foley, Zoning and Building Supervisor, advised the ordinance will ensure a purpose as- built foundation survey will be special required within 21 calendar days of the foundation inspection and the Building Official shall have 7 days to review and comment on the survey. Mr. Foley continued that failure to provide the as- built foundation surveyor failure to make necessary corrections would invoke a stop work order for the inspections will cease. development, and all vertical Council received clarification that if the foundation is not where it is developer will have to tear it out, and that an ordinance is needed supposed to be, the to do this per the Florida Building Code. Mr. Foley advised that other municipalities have this an administrative type ordinance and that it is change to the City' s building code. He clarified that foundation required at present; however, it does not surveys are holder on notice that they are specify a time frame, nor does it put the building permit responsible for any work that is not within the or within the approved site plan approved building permit. 168 01- 23- 07 ORD. 1719 ( CO NT) The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1719 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. REGULAR AGENDA- RELEASE OF LIEN. 124 MAGNOLIA AVENUE SE Consideration of release of lien in the amount of $ 51, 000 for the property located at 124 Magnolia Avenue SE, Fort Walton Beach, Okaloosa County, FL Tax ID # 24- S2- 13- 191 0- 0128- 0000, in lieu of payment of $2, 550.00. Missy McKim, CDS Director, advised the property has complied and that the 2, 550 to recoup costs to the property owner pay City for the Code Enforcement case. She explained the cost is determined by a percentage of the total fine, the difficulty of the case, and how much staff time was spent on it. She stated this case did not require a lot of staff time, and that the owner is aware of the recommended property cost. Dr. Pullen moved to reduce the lien for property located at 124 Magnolia Avenue SE with the condition the property owner pays $ 2, 550. 00 of the $ 51, 000. 00 lien amount; also, that upon payment of the $ 2, 550. 00 the City of Fort Walton Beach will release the lien from this property. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. REFUND OF 2006 PILOT --- HOUSING AUTHORITY REQUEST Consideration of a request by the Fort Walton Beach in Lieu of Taxes for FY 2006, Housing Authority to rebate their payment totaling 20, 841. 97. The Housing Authority indicates the purpose of their request is to utilize these funds to offset initial development expenses incurred in planning for the addition of 200 residential housing units at Germany Terrace in the Beal Parkway Neighborhood. James Robbins, Fort Walton Beach Housing Authority Board Chairman, explained the reason for the request is so the Payments in Lieu of Taxes ( PILOT) can be reinvested into the community. He advised the funds would be used to assist the initial development expenses incurred for the Housing Authority in offsetting addition of 200 additional units at Terrace. Germany Gail Sansbury, Executive Director of the Fort Walton Beach HUD does not allow funds to be utilized for Housing Authority, informed that the addition of the units, nor do investment for financial and legal advisors to they allow the initial coordinate the development project. Ms. informed that when the units are Sansbury completed, they will be mixed- income housing and will be built on housing authority property and will not have the name of a housing authority. Mr. Holmes moved to refund the Payment in Lieu of Taxes in the amount of $20, 841. 97 to the Fort Walton Beach Housing Authority to be used at the discretion of the Authority. Mr. Patterson seconded motion and it carried Housing Patterson, Campbell, Tucker, Pullen, Hartwell, unanimously with Holmes, and Minich in favor. INTERLOCAL AGREEMENT- TRANSFER OF FAIRGROUNDS PROPERTY TO COUNTY Consideration of request to authorize the City Manager and City Attorney to draft an interlocal agreement to transfer 16. 3 acres of property located at 1958 Lewis Turner Boulevard, depicted in Schematic Plan D- 3 ( also labeled B- 1), at a cost of $2, subject the site location to the purpose of the construction 000, 000 for the Okaloosa County Judicial Center Annex Expansion; and subject to terms and conditions as outlined in the backup report.  01- 23- 07 169 INTERLOCAL AGREEMENT- FAIRGROUNDS PROPERTY ( CO NT) Jim Curry, County Administrator for Okaloosa County, advised entities have been representatives from the two meeting for months to discuss the County acquiring at the Fairgrounds for the purpose of building a replacement acreage He informed he was facility for the judicial center in Shalimar. ready to answer any questions that Council might have. Council question how the price of $2, 000, 000 was arrived at. The City City used the original cost of the property received from the Manager explained the most recent appraisal that was done, Department of Agriculture and the and that another appraisal was been received. performed that has not She advised that the County had land donated from OWC which was considered, but it is a low elevation. The County' s architect did an initial assessment as to what would remediate the wetness of the property, and that came out to about $ 2, 000, 000. The Manager further advised the County is undertaking a project on Hurlburt City Road to do utility improvements which would have decreased the cost to the County did not want to mitigate the property to $ 1. 7 million, but pay any more than the total amount to mitigate that property. Discussion included that revenue from the sale of