Fort Walton Beach Council agenda — 02-23-2010 Regular — reading text

b) Commercial ' Other properties. Commercial All ethetr properties 74 shall be charged a user fee equivalent to the following formula: Base ERU 75 = Total impervious surface on property divided by the residential ERU of 76 7-00 or one ( 1) ERU, whichever is greater. 3, 200 2—, 77 78 c. Section 10. 521. 04, Exemptions, of the Stormwater Management Utility, in the 79 Code of Ordinances is amended as follows: 80 81 Sec. 10. 521. 04. Exemptions. 82 City -owned lots or parcels, except those leased to any entity that is 83 required to pay utilities for the leased premises, public road rights -of- 84 ways, vacant lots or parcels, and undeveloped lots or parcels shall be 85 classified as exempt from stormwater utility user fees. 86 105- 87 d. Section 10. 521. 07, Collection of Fees, Stormwater Management Utility, 88 Code of Ordinances, is amended as follows: 89 90 Stormwater utility fees shall be collected and enforced in the same manner 91 that water, wastewater, and solid waste fees are collected and enforced. 92 Failure to tamely pay the monthly stormwater utility fees will result in the 93 termination of water service and may also result in the disconnection of 94 stormwater management service( s) to the subject property in accordance 95 with section 10. 53. 02, of the City's Code, as amended. The city may, at its 96 discretion, submit a separate notice to a property owner of the annual 97 stormwater utility fees imposed on that owner's property if such notice 98 will facilitate the billing and collection of imposed fees. 99 100 Section 4. Repeal of Conflicting Provisions 101 In the event any ordinance or parts of ordinances are in conflict with any other 102 provision of the Code, the provisions of this Ordinance shall prevail. 103 104 Section 5. Severa'bility 105 Should any provision or portion of any provision in this ordinance be declared by 106 a court of competent jurisdiction to be invalid, such decision shall not affect the 107 remainder of the provisions herein. 108 109 Section 6. Effective Date 110 This Ordinance shall take effect immediately upon approval by the City Council 111 and signature of the Mayor. 112 113 114 115 Adopted Mike Anderson, Mayor 116 117 118 Attest: Approved for form and legal sufficiency. 119 120 121 Helen Spencer, City Clerk Toni L. Craig, City Attorney 122 123 New language is underlined. 124 Deleted language is strieke . 125 126 Codification Instructions: 127 Section 1, 25 45 5, 6 are not codified. Section 3 is codified as amendments to chapter 10 as 128 stated. 106-  CITY COUNCIL MEETING February 23, 2010 Ordinance on First Reading Ordinance 1822 Amends Municipal Planning Board Meeting Time Synopsis: The MPB unanimously requested its meeting time be changedfrom 5 PM to 5: 30 PM Agenda Item Number: s•2  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Samantha D. Abell, Planning Manager Through: Michael D. Beedie, P. E., City Engineer Date: February 16, 2010 Subject: Ordinance No. 1822 — Amending the Municipal Planning Board Meeting Time First Reading) 1. BACKGROUND: 3, 2010, to 1. 1. The Municipal Planning Board ( MPB) voted unanimously on February recommend that the City Council approve a change in the MPB' s meeting time from 5: 00 P.M. to 5: 30 P. M. Ordinance No. 1822 amends the City' s Code of Ordinances to reflect the change in the MPB meeting time. 2. DISCUSSION: 2. 1. The Vice Chairperson of the MPB requested an item be placed on the MPB' s February Florida Statutes requires that the MPB meeting agenda to discuss MPB meeting times. convene as the Local Planning Agency ( LPA) after 5: 00 P. M. to consider certain issues The such as items related to the Comprehensive Plan and Development Agreements. Code of Ordinances established the LPA' s meeting time as 5: 30 P.M. and the MPB' s meeting time as 5: 00 P. M. 2. 2. Because both meeting times are established in the City' s Code of Ordinances, the MPB must meet at 5: 00 P.M. even if there are no items to consider until the LPA convenes at 5: 30 P. M. Ordinance No. 1822 will revise the meeting time of the MPB to coincide with the same meeting time as the LPA to improve the MPB' s efficiency. 3. FINANCIAL INFORMATION: 3. 1. There is no financial impact for this request. 4. MUNICIPAL PLANNING BOARD RECOMMENDATION: 6 -0) that City 4. 1. The Municipal Planning Board ( MPB) recommended unanimously ( Council approve Ordinance No. 1822 to revise the MPB' s meeting time from 5: 00 P.M. to 5: 30 P. M. 107- 5. RECOMMENDATION: 5. 1. Staff requests City Council adoption of Ordinance No. 1822 to amend the Code of Ordinances to revise the Municipal Planning Board' s meeting time from 5: 00 P. M. to 5: 30 P. M. 5. ATTACHMENTS: 5. 1. Ordinance-No. 1822 5. 2. Municipal Planning Board Regular Meeting Minutes, dated February 3, 2010 6. SIGNATURE BLOCK: t 6. 1. Submitted By: Sa antha D. Abell, Planning Manager 6. 2. Reviewed and Concur: -- --- .• aa1,,, a,, r, Michael D. Beedie, P. E., City Engineer 6. 3. p/ Reviewed for Agenda: '- 4Ribert WeA T. Mearns ity Manager 108-  ORDINANCE 1822 I 2 BEACH, FLORIDA, THE CITY OF FORT WALTON AN ORDINANCE OF 3 4 AMENDING THE CODE OF ORDINANCES TO ESTABLISH AND A 5. 30 MEETING PLANNING AN BOARD SETTING THE MUNICIPAL 5 TIME OF 6 EFFECTIVE DATE. 7 BE IT ORDAINED BY THE CITY COUNCIL OF FORT WALTON BEACH, 8 FLORIDA: 9 Section 1. Authority & Intent Chapter 166. 021, and other 10 The authority for enactment of this ordinance is 11 provisions of the Florida Statutes and section 2 of the City Charter. 12 Municipal Planning 2. 11. 12, Meetings, 13 Section 2. Amendment of Section 14 Board, of the Code of Ordinances Municipal Board, of the Code of Section 2. 11. 12, Meetings, Planning 15 16 Ordinances, is hereby amended as follows: 17 2. 11. 12 Meetings: Meetings of the municipal planning board shall be held each month, and as needed on the 18 19 at- 5 :30 . m. on the first Thursday of Thursday of each month, to dispense with regular business before t 20 21 the board. The January meeting shall be held on the second Thursday of 22 that month. Additional meetings may be called by theThe chairperson at the location of all in writing. 23 of four members of the board, re q uest place board shall be in the city in 24 meetings of the municipal planning of the u l 25 accessible to the public. All meetings and public hearings be netfor 26 p tanning board shall be open to the public. Public hearings shat 27 a time certain after due public notice. 28 29 Section 3. Effective Date royal b Y the City 30 This Ordinance shall take effect immediately upon app 31 Council and signature of the Mayor. 32 33 34 Adopted: Mike Anderson, Mayor 35 36 Approved for form and legal sufficiency. 37 Attest: 38 39 Toni L. Craig, City Attorney 40 Helen Spencer, City Clerk 41 42 New language is underlined. 43 Deleted language is s# iskeR. 44 Codification Instructions: Section 1, 3 not codified. 45 Sections 2 codified and changes chapter 15 of Land Development Code as stated. 109-  MINUTES OF THE MUNICIPAL PLANNING BOARD MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA FEBRUARY 4, 2010 INTRODUCTION A