Fort Walton Beach Council agenda — 04-23-13--regular — reading text

Manager reported he was advised of her situation and that the contractor did not have approval from the City to work during the nighttime hours. He assured the issue has been addressed and will not happen again. QUASI JUDICIAL HEARINGS None. RESOLUTIONS None. m ORDINANCES -FIRST READING None. ORDINANCES -SECOND READING no 0 None. aa APPOINTMENTS None. 0n ACTION -DIRECTION -DISCUSSION Request for Code Enforcement Fine Waiver at 653 Country Club Avenue NE ( CEB # 07 -852, 09- 1619, # 10 -259, # 11- 20, # 11 -525, & # 13 -319) The Mayor asked if the property owner wanted to speak before Staff gave their presentation. Atty. Paul Flounlacker, representing Kathi Thomas, property owner of 653 Country Club Avenue NE, advised he has spoken with the City Attorney regarding the issue and requested the City accept a settlement in the amount of $5, 000. 00 at the time of closing. He informed there is a buyer and feels the property will sell and is asking for six months for the property to close to take care of an IRA lien that is incurred on the property. Mr. Flountacker informed the property will be maintained and kept in compliance until the property is sold. Tim Bolduc, Engineering/ Utilities Director, stated Staff has reviewed the information provided by the attorney and property owner and has spoken with the potential builder and Staff is confident there is a buyer for the property. Therefore, Staff is requesting Council accept the S5, 000 offer and allow six months to close on the property and one week to come into compliance or the offer comes off the table. Mr. Bolduc advised that $ 5, 000 is close to what the City has incurred in this issue, and rather than continue the case for a long period of time and incurring additional costs, it is better to get the property back on the market for redevelopment. Discussion included whether the ordinance containing the mitigation schedule would be violated if this offer was accepted. The City Attorney advised what is being offered is a recommendation and it is up to the discretion of Council how they want to proceed. Also discussed was the fact that an offer has been made which was not a factor when the case was previously discussed. Also discussed was that the mitigation schedule was put into place and in every case property owners have the opportunity to take care of the problem before it gets out of hand. The City Attorney advised there are other issues such as county tax liens which have been brought to the attention of Staff. N, 3 Ciiy Cound7 afFur( W hL sBeach Peek g: 24  H. t. b April 9, 2013 Minutes Regular Meeting Mr. Rigdon moved to accept Staffs recommendation to accept the $ 5, 000 offer and allow six months to close on the property and one week to come into compliance or the offer comes off the table. Mr. Mead seconded motion and it carried unanimously. RESULT: APPROVED [ UNANIMOUS] MOVER: Bull Rigdon, Council Seat 6 SECONDER: John Mead, Council Seat 3 AYES: Jamieson, Griggs, Mead, Goodwin, Rigdon, Rynearson ABSENT: Joyce gossom N Request for Code Enforcement Fine Waiver at 41 Silva Drive NW ( CEB Case # 09 -844) 5 Tim Bolduc, Engineering/Utilities Director, advised the City Attorney has produced a i recommendation based on his research of the case to settle for 52,000 as recommended by the o property owner and Staff supports that recommendation. 0 Al Rogerson, property manager for Susan Kelly Realty that represents the bank that owns the n a Property, advised they did not get legal possession of the property until December 28 and did not have the ability to bring the property into compliance; however, once possession was received o the property was brought into compliance within 30 days. M Mr. Goodwin moved to accept City Attorney' s recommendation to accept the offer of m 2, 000 requested by the property owner. Ms. Jamieson seconded motion and it carried R0 unanimously. 2 RESULT: APPROVED ] UNANIMOUS] c MOVER: Trey Goodwin, Council Seat 4 SECONDER: Amy Jamieson, Council Seat 5 c O1 AYES: Jamieson, Griggs, Mead, Goodwin, Rigdon, Rynearson a ABSENT: Joyce gossom m m Nominations for 2013 Northwest Florida League of Cities Awards The City Manager reported the nominations for this years Northwest Florida League of Cities NWFLC) are due by April 17, 2013, and will be announced at the NWFLC Summer Dinner on May 10, 2013. Categories include the Municipal Official of the year, Legislator of the Year, Ue and Community of Excellence. U The City Manager suggested three projects for consideration for the Community of Excellence w Award: l) The CRA Economic Incentive Programs adopted in June of 2012; 2) the Brooks z Street Parking Lot; and 3) the Brooks Landing Waterfront Park. a Council agreed these were all excellent projects and asked if they could be combined into one project. The City Manager stated that could be achieved with a good write up by Staff. Mr. Rynearson moved to proceed with the Community of Excellence process and combine all three projects into one nomination. Mr. Rigdon seconded motion and it carried unanimously. Page 4 CiN Caunal[ of Fart Wah. n 8 each p k Pa; 25  6. 1. b April 9. 2013 Minutes Regular Meeting RESULT: APPROVED [ UNANIMOUS] MOVER: Dick Rynearson, Council Seat 7 SECONDER: Bull Rigdon, Council Seat 6 AYES: Jamieson, Griggs, Mead, Goodwin, Rigdon, Rynearson ABSENT: Joyce gossom Municipal Official of the Year Nomination Mr. Rigdon nominated Councilman Bobby Griggs as the Municipal Official of the Year. There were no further nominations. d 2c Mr. Rigdon noted Mr. Griggs spends a lot of time legislating for the City and should be recognized for his efforts. 0 m Regarding the Legislator of the year Award, the City Manager advised that the League will be 0a honoring Clay Ford so no nominations are needed from Council The Mayor called for the vote on the nomination of Mr. Griggs and it carried by a vote of 6 0 M 101. _. RESULT: ADOPTED 15 TO 1] MOVER: Bull Rigdon, Council Seat 6 0 SECONDER: Bobby Griggs, Council Seat 1 0 AYES: Jamieson, Griggs, Mead, Goodwin, Rigdon ag̀ NAYS: Dick Rynearson c ABSENT: Joyce gossom m Discussion of Two -Year Board & Committee Appointments At the Special Council Meeting on April 1, 2013, the Mayor requested an agenda item to discuss extending the eligible appointments for external boards and advisory councils from one -year to two -year terms to coincide with the City's election cycle. This would pertain to all boards except the Mayor Pro Tem appointment and the Okaloosa Gas Board, which is a four -year appointment as required by the Gas Board. The City Clerk verified that the above appointments are eligible for two