Fort Walton Beach Council agenda — 02-13-2007 regular agenda — reading text

hearing was closed. Mr. Patterson moved to adopt Ord. 1718 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING-QRD. 1715, MEETINGS OF MPB The City Attorney read the ordinance by title only.  167 01- 23- 07 ORD. 1715 ( CaNT) AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 2. 11. 12 ENTITLED MEETINGS, VOLUME II, CODE OF ORDINANCES, BY PROVIDING FOR MEETINGS OF THE MUNICIPAL PLANNING BOARD ON THE SECOND THURSDAY OF JANUARY EACH YEAR; RESOLVING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1715 on second reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING-ORD. 1714, VACATION OF ALLEY The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE OF ALL ALLEY RIGHTS- OF- WAY IN BLOCK J, SPIVEY GIBSON SECOND ADDITION TO CAMP WALTON, AS RECORDED IN PLAT BOOK 1, PAGE 3D, PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1714 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbeli, Tucker, Pullen, Hartwell, and Minich in favor. 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 FOR AUTHORITY; ENACTING A NEW SECTION PROVIDING A FOUNDATION SURVEY SHALL BE REQUIRED WITHIN 21 CALENDAR DAYS AFTER THE FOUNDATION INSPECTION; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Malcolm Foley, Zoning and Building Supervisor, advised the ordinance will ensure a special purpose as- built foundation survey will be 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 development, and all vertical inspections will cease. Council received clarification that if the foundation is not where it is supposed to be, the developer will have to tear it out, and that an ordinance is needed to do this per the Florida Building Code. Mr. Foley advised that other municipalities have this type ordinance and that it is an administrative change to the City' s building code. He clarified that foundation surveys are required at present; however, it does not specify a time frame, nor does it put the building permit holder on notice that they are responsible for any work that is not within the approved site plan or within the approved building permit. 168 01- 23- 07 ORD. 1719 ( CONT). 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 10 # 24- S2- 13- 1910- 0128- 0000, in lieu of payment of $2, 550. 00. Missy McKim, CDS Director, advised the property has complied and that the property owner pay 2, 550 to recoup costs to the 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 property owner is aware of the recommended 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 lieri 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 Housing Authority to rebate their payment in Lieu of Taxes for FY 2006, 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 Housing Authority in offsetting initial development expenses incurred for the addition of 200 additional units at Germany Terrace. Gail Sansbury, Executive Director of the Fort Walton Beach Housing Authority, informed that HUD does not allow funds to be utilized for the addition of the units, nor do they allow the initial investment for financial and legal advisors to coordinate the development project. Ms. Sansbury informed that when the units are 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 Housing Authority. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, 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, subject to the site location depicted in Schematic Plan 0- 3 ( also labeled B- 1), at a cost of $ 2, 000, 000 for the purpose of the construction the Okaloosa County Judicial Center Annex Expansion; and subject to terms and conditions as outlined in the backup report.  169 01- 23- 07 INTERLOCAL AGREEMENT- FAIRGROUNDS PROPERTY ( CONTI Jim Curry, County Administrator for Okaloosa County, advised representatives from the two entities have been meeting for months to discuss the County acquiring acreage at the Fairgrounds for the purpose of building a replacement facility for the judicial center in Shaiimar. He informed he was ready to answer any questions that Council might have. Council question how the price of $ 2, 000, 000 was arrived at. The City Manager explained the City used the original cost of the property received from the Department of Agriculture and the most recent appraisal that was done, and that another appraisal was performed that has not been received. 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 City Manager further advised the County is undertaking a project on Hurlburt Road to do utility improvements which would have decreased the cost to mitigate the property to $ 1. 7 million, but the County did not want to pay any more than the total amount to mitigate that property. Discussion included that revenue from the sale of the portion of the property could be used to payoff the bond, and that the project should be completed about three years after the County closes on the property. Dr. Pullen moved 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, subject to the site location depicted in Schematic Plan D- 3 ( also labeled B- 1), at a cost of 2, 000, 000 for the purpose of the construction of the Okaloosa County Judicial Center Annex Expansion as follows: 1} Transfer of interest in 16. 3 acres of the 1958 Lewis Turner Property ( as indicated in attachment A) to the County for the purpose of construction of a Judicial Center Annex Expansion for a cost of $ 2. 000, 000. Subject to a clause that should the county not construct a judicial center on this site within X years, the City has the right to repurchase the property at the original price at which it was transferred to the County. 2) County would be responsible for constructing or reconstructing the access road from the front to the rear of the property. 3) County would be responsible for any traffic improvements necessary on Lewis Turner Blvd. relating to this development, i. e. traffic light at the existing intersection. or construction of turn lanes. 4} City and County will develop an interlocal agreement for shared use of the Judicial Center Parking lot for the City' s recreation needs and the needs of the Northwest Florida Fair Association. 5) The County would provide space, approximately 20 ft. x 40 ft. or ( 800 SF) for the use as an auxiliary Emergency Operations Center in the event that the City is unable to utilize its primary EOC. The space will have sufficient generator capacity, phone and cable drops for use during an emergency. 6) The City and County would develop an interlocal agreement to continue to utilize the Judicial Center parking area as an emergency operation staging area for large trucks and supplies in the event of an emergency. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. Council expressed their thoughts that this is a win- win situation for the citizens of the City and the County. 70 Ol- 23- t> 7~ t CHAMBER REQUEST- USE OF CRA FUNDS FOR MAIN STREET ~ PROJECT TREETSCAPE Consideration of a request from the Fort