Agenda - Council Work Session - 08/28/2012

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Building Division at the Work Session. Staff also recommends factoring a contingency into the expense analysis. It has been Staffs observation that it is not always possible to schedule in sequential order, thus creating time in between inspections that the City is still has a financial obligation. In addition, the Building Official is often called to discuss future projects and provide assistance on projects prior to a Building Permit Application being submitted. Finally, there is support generally provided by the Building Division that is not always quantified directly with a Building Permit or standard/average inspection and inspection time. Sureties and Escrows The City does require certain sureties that are linked to various requirements of the City and other agencies. These sureties may not be required by the Code, but do provide a mechanism to ensure the City remains in compliance with various regulation. For example, the City requires a surety in the amount of $1,500 to ensure that erosion control measures are properly installed and remain installed throughout the duration of construction. This escrow is refunded upon completion of the project, which includes turf establishment. This escrow ensures that the City remains compliant with State's Stormwater Permit and continues to be able to issue Building Permits. The escrow has been an effective tool in compliance with this requirement by allowing for a funding mechanism to clean streets of soil in the event of non-compliance. Staff would like to explore alternative ideas such as collecting an escrow per builder, versus per permit. The City could also look at taking a stronger stance on Stop Work Orders if the project falls out of compliance. Finally, the City could also explore tying enforcement to the City's Administrative Enforcement of Code Violations program. That being, the City could explore abating the issue, then assessing the costs of the abatement to the benefitted property. This would result in some financial liability to the City, as there may be a delay in the payment of such work. In addition, the City does on occasion collect an escrow for uncompleted improvements at such time a builder requests a Certificate of Occupancy. These improvements typically include topsoil, sod, trees, and driveway. The escrow for a single-family home is $5,000 and is returned upon successful completion. This is common during winter months when final completion of these improvements is not possible. Zoning Permits In approximately 2005, the City initiated a Zoning Permit requirement for certain activities that were subject to Zoning Code requirements, but did not require a permit under MSB. These activities include fences (under six [6] feet), accessory structures, docks, driveways, and smaller swimming pools. Staff has identified potential streamlining of this process, which would result in the reduction in the required fee for these types of permits. The Zoning Permit was instituted in order to be proactive in assisting residents with smaller projects such as this, based on issues Staff was having in enforcement of these types of projects. All projects, with the exception of fences, could be administered through an 'e-Permit', or over the counter, without the need for additional Staff review. The Applicant would receive a handout of applicable regulations, ensuring that the Applicant has designed the project in a way consistent with City Code requirements. Fence construction warrants an additional review to ensure that the proposed location does not interfere with required improvements and utilities. Due to the fact that there is not a required setback in most areas of a Property, fences are often times located within drainage and utility easements. The City needs to ensure that proper access is maintained for certain improvements, such as trunk lines and meters. Additionally, the City needs to ensure that the construction of fences does not damage improvements. A simple review of the location of the fence has been proven to be successful in avoiding negative impacts to the City's, and other utilities' infrastructure. With that in mind, Staff would recommend a separate Fence Permit, and maintaining a fee of $25. The fee of $25 likely does not capture all the City's expenses in administering the permit, but does encourage Applicants to submit the required permit. International City/County Managers Association (ICMA) Center for Performance Management (CPM) Program