Fort Walton Beach Council agenda — 06-22-2010 Regular — reading text

it takes to protect our county' s waterways and we' re prepared to go to jail to do it," he said. That freed Villani to take several actions deemed important to further armor the Destin pass without waiting for authorization from the state Emergency Operations Center in Tallahassee and the unified spill command in Mobile. Commissioners gave him the go -ahead to spend $ 200,000 to pay for an underwater "air curtain" designed to push oil up where it can be collected and $ 16, 500 a day to operate and maintain it. He has authority to, without a nod from the U. S. Coast Guard, deploy barges, weighted so that they' ll sit low in the water across the entrance to the pass. He is also authorized to look into a slip curtain, another underwater oil- catching device. Though they now have the authority, both Villani and Okaloosa County Administrator Jim Curry said they will continue to work with the state and federal authorities to get their plans approved. Curry said what the commissioners did Monday was "send a loud and clear message" to the Coast Guard, the state Department of Environmental Protection and others that Okaloosa County's permit requests 49 Council Meeting, June 22, 2010 Print Article: Okaloosa defies Unified Command over East Pass plans ( VIDEOS, PHOTOS) Page 2 of 2 should be acted on immediately. The commission met in an emergency meeting alongside the Destin City Council. The two governing bodies confronted a full room of obviously frustrated people, many of whom advocated filling in the entrance of the pass to close it down completely. It was agreed that filling in the pass was a bad idea that could have serious environmental impacts. Jay Prothro, BP' s representative for Okaloosa County, and two representatives of the Coast Guard were also present. While Martha LaGuardia, a commander with the Coast Guard, argued that moving ideas and plans through the chain of command was the proper way to do things, Harris made it known the County Commission was tired of the often tedious and sometimes unproductive bureaucracy. We' ve played the game. We' re done playing the game," he said. Copyright 2010 Freedom Communications. All Rights Reserved. Privacy. Policy I User A- -eemen-t I Site_Map 50 Council Meeting, June 22, 2010  CITY COUNCIL MEETING June 22, 2010 Ordinance on Second Reading Ordinance No. 1833 Revision of Sound Side Housing Unit Distribution. Synopsis: Designates all 200 units be available to residents earning up to 120% ofmedian income Agenda Item Number: 12. 1  I ORDINANCE 1833 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA, PROVIDING FOR AUTHORITY & INTENT; 5 AMENDING SECTION 2 OF ORDINANCE 1769; AUTHORIZING 6 FURTHER CONVEYANCE PROVIDING FOR OF PROPERTY; 7 CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN 8 EFFECTIVE DATE. 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 11 WALTON BEACH, FLORIDA: 12 13 SECTION 1. AUTHORITY& INTENT 14 15 a. The authority for this Ordinance is Section 166. 021, Florida 16 Statutes, and section 2. 00. 05 of the City Code. 17 18 b. Ordinance 1769 was adopted on August 28, 2008, to transfer a 19 City -owned parcel at 28 Methodist Avenue SE to the Fort Walton Beach Housing 20 Authority for an affordable housing development. This ordinance amends 21 section 2 of Ordinance 1769 to revise the the distribution of units by income. 22 23 SECTION 2. AMENDMENT OF ORDINANCE 1769 24 25 SECTION 2 FINDINGS OF FACT is hereby amended as follows; 26 27 a. The City Council, by Resolution 2008 -19, adopted April 22, 28 2008, found that the parcel of City -owned property located at 28 Methodist 29 Avenue SE, Fort Walton Beach, Florida 32548, and described as a Public 30 Park on the Replat of New Germany Addition, is suitable for affordable 31 housing. 32 33 b. The Fort Walton Beach Housing Authority has applied to 34 rezone the property as a Planned Unit Development of two hundred ( 200) 35 housing units that will be available to a mix of income levels, less than or 36 equal to 120 % of the Area Median Income. 37 38 ° 39 Fese Fe sewed iced v r v .. for resider,tS e v v v w v v rnir,ry sixty (T'60) perneRt of the p p'T' 7. rTri ri 1" 1' C' pT—C7' T i ' urea CxT' CQ- marlin TITi Qi 40 41 42 Therefore, the City Council hereby determines that it is in the C. 43 best interests of the welfare of the citizens that the City transfer the real 44 property situated at 28 Methodist Avenue; SE, Fort Walton Beach, Florida, 45 to the Fort Walton Beach Housing Authority, or its correct corporate entity. 46 51 Council Meeting, June 22, 2010  47 SECTION 3. CONFLICTING PROVISIONS 48 49 If any other ordinance, or parts of any ordinance, or provision of the Land 50 Development Code are in conflict with this ordinance, the provisions of this 51 ordinance shall prevail. 52 53 SECTION 3. SUBSEQUENT CONVEYANCE 54 The City hereby authorizes the further and subsequent transfer of the 55 property to Sound Side Apartments, LLC, to effectuate the intent and purpose of 56 Ordinance 17913. 57 58 SECTION 4. SEVERABILITY 59 Should any section, part or provision of this ordinance be declared by a 60 court of competent jurisdiction to be invalid, such decision shall not affect the 61 validity of 1the remainder of, as a whole or any part, other that that part declared 62 to be invalid. 63 64 SECTION 5. EF=FECTIVE DATE. 65 This Ordinance shall take effect immediately upon approval by Council 66 and signature by the Mayor. 67 68 69 ADOPTED: 70 Mike Anderson, Mayor 71 72 ATTEST: Approved for form and legal sufficiency. 73 74 75 Toni L. Craig, City Attorney 76 77 Helen A. Spencer, City Clerk 78 79 80 81 82 Codification Instructions: Not codified. 52 Council Meeting, June 22, 2010  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Timothy Bolduc, C. B.O., Building Official Through: Michael D. Beedie, P. E., Engineering & Utility Services Director Date: May 25, 2010 Subject: Ordinance No. 1833 to Amend Section 2 of Ordinance No. 1769 Transferring City Property to the FWBHA for Sound Side 1. BACKGROUND: 1. 1. The City Council, adopted Resolution 2008 -19 on April 22, 2008, finding that the parcel of City -owned property located at 28 Methodist Avenue SE is suitable for public housing. 1. 2. On August 26, 2008, the City Council adopted Ordinance No. 1769, authorizing the transfer of the property to the Fort Walton Beach Housing Authority for use as affordable housing. 1. 3. The ordinance specified a distribution of housing units with forty (40) units designated for residents earning between eighty and one -hundred- twenty percent ( 80 -120 %) of the area median income and the remaining one -hundred -sixty ( 160) units reserved for residents earning sixty (60) percent of the area median income. 2. DISCUSSION: 2. 1. In 2009, the funding source for the Sound Side affordable housing development changed from Fannie Mae and Freddie Mac tax exempt bonds to a conventional U.S. Department of Housing and Urban Development (HUD) loan, changing the distribution requirement. 2. 2. The current, more stringent, unit distribution creates an environment that could, under the current financing structure, render the project financially unfeasible. The market study completed earlier this year showed that the project would be successful, if allowed to operate at the guidelines established by HUD. 2. 3. Ordinance No. 1833 revises the housing unit distribution by designating all 200 units to be inhabited by residents earning up to one -hundred -twenty percent ( 120 %) of the area median income. This revision is consistent with the City' s intent to provide affordable housing, while also allowing the market to support the project. 53 Council Meeting, June 22, 2010  2. 4. Ordinance No 1833 was heard before the Municipal Planning Board on June 3, 2010. 3. FINANCIAL INFORMATION: 3. 1. There is no financial impact from Ordinance No. 1833. 4. RECOMMENDATION: 4. 1. Staff recommends that the City Council review and approve Ordinance No. 1833 to amend the distribution of units listed in the transfer of City -owned property to the Fort Walton Beach Housing Authority for the Sound Side affordable housing development to allow residents of all 200 units to earn up to 120 percent of the area median income, which is consistent with the requirements from HUD. ATTACHMENTI 5.