Fort Walton Beach Council agenda — 02-28-12 regular — reading text

10. 1. c RESOLUTION 2012 -4 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR FIRE EQUIPMENT; AUTHORIZING A BUDGET AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. Whereas, The Department of Homeland Security and Federal Emergency Management Agency through the Assistance to Firefighters Grant Program provides funding to protect the health and safety of the public and firefighting personnel against fire and fire -related hazards, and Whereas, The City is eligible to participate in this competitive grant program, and has applied for and been awarded a project total of $34, 500 ($ 31, 050 grant funds and $ 3, 450 City match) for various fire equipment, and Whereas, The City Council finds that it is in the best interest of the citizens of Fort Walton Beach to participate in the Assistance to Firefighters Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA THAT: Section 1. The City Council hereby authorizes the City Manager to execute all necessary documents to complete grant -related purchases and a budget amendment to record the grant. Budget Amendment for Grant Funds: Revenue Expense 001- 1568- 331 -2055 $ 31, 050 001 - 1568 -522 -6407 $ 26, 550 001 - 1568 -522 -6420 $ 4, 500 Section 2. This Resolution shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopted by the City Council on this 28th day of February, 2012. Mike Anderson, Mayor Attest: Approved for form and legal sufficiency: Helen Spencer, City Clerk Hayward Dykes, Jr., City Attorney Packet Pg. 72  IaI City Council of Fort Walton Beach ENGINEERING & UTILITY SERVICES MEMORANDUM To: Robert T. Meams, City Manager From: Michael Beedie, Engineering & Utility Services Director Date: February 28, 2012 Subject: 1859 - Revised Stormwater Utility 1. 1. 1. In August 2008, City Council adopted Ordinance No. 1768 to establish a Stormwater Management Utility. Resolution 2008 -34 established the user fee of $ 3. 00 per Equivalent Residential Unit ( ERU). The Stormwater Management Utility began operating on October I, 2008. 1. 2. In March 2010, City Council adopted Ordinance No. 1821 to revise the definitions of Residential and Commercial properties and to revise the basis for determining the Equivalent Residential Unit ( ERU) from 2, 700 square feet of impervious surface to 3, 200 square feet of impervious surface. 2. DISCUSSION: 2. 1. Ordinance No. 1859 revises Section 10. 521. 04 of the Code of Ordinances, titled Stormwater Management Utility Exemptions, which defines the properties that are exempt from the Stormwater Utility user fees. The original definition stated that " City- owned lots or parcels, except those leased to any entity that is required to pay utilities for the leased premises, public road rights -of -ways, vacant lots or parcels, and undeveloped lots or parcels shall be classified as exempt from stormwater utility user fees ". 2. 2. The original definition stated that " City -owned lots or parcels, except those leased to any entity that is required to pay utilities for the leased premises, public road rights -of- ways, vacant lots or parcels, and undeveloped lots or parcels shall be classified as exempt from stormwater utility user fees ". 2. 3. The proposed definition states that only " public road rights -of -ways, vacant lots or parcels, and undeveloped lots or parcels shall be classified as exempt from stormwater utility user fees ". The new definition also exempts ` governmental entities which by Chapter 553. 80 of the Florida Statutes are not subject to the City' s Building Permit and/ or Stortnwater Management requirements in the Land Development Code ". 2. 4. This ordinance also revises Section 10. 521. 06 of the Code of Ordinances, titled Packet Pg. 73  12. 1 Stormwater Management Utility Mitigation Credits, which specifies that mitigation credits are available to properties that generate less runoff volume and apply best management practices ( BMPs) to improve water quality. 3. FINANCIAL INFORMATION: 3. 1. The addition of governmental entities that are not subject to the City' s Stormwater Management requirements in the LDC through Chapter 553. 80 of the Florida Statutes to Section 10. 521. 04, Exemptions, clarifies the issue of non -payment from the Okaloosa County School Board. The School Board and other State agencies are not subject to the Land Development Code regulations, and are therefore, not subject to the Stormwater Utility user fees at the present time. 4. RECOMMENDATION: 4. 1. Staff respectfully requests City Council adoption of Ordinance No. 1859 to revise Chapter 10. 521 of the City' s Code of Ordinances, titled Stormwater Management Utility. ATTACHMENTS: Ordinance 1859 Stormwater Utility Revision ( DOC') 2 -14- 12 Ord 1859 Stormwater Utility Revision SIGNATURE BLOCK: Michael Beedic Completed 02/ 06/ 2012 11: 13 AM City Clerk Completed 02/ 06/ 2012 11: 25 AM City Attorney Completed 02/ 07/ 2012 8: 54 AM Carole Jones Completed 02/07/ 2012 12: 10 PM City Manager Completed 02/ 07/ 2012 2: 10 PM City Council Completed 02/ 17/ 2012 3: 33 PM Packet Pg. 74  F121.a ORDINANCE 1859 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY AND INTENT; AMENDING CHAPTER 10. 521, STORMWATER MANAGEMENT UTILITY, OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS AND PROVIDING FOR AN EFFECTIVE DATE. N3 E Whereas, The authority for enactment of this ordinance is pursuant to Section 2 of the City Charter, and Chapters 166.021( 1) and 403. 0893 of the Florida Statutes; y av Whereas, Chapter 10. 521 of the Code of Ordinances is being amended to incorporate changes for the City' s Stormwater Utility operations, charges, and to correct terminology. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, THAT THE CODE OF ORDINANCES OF THE CITY OF FORT WALTON BEACH IS AMENDED AS FOLLOWS: Section 1. Section 10. 521. 04, Exemptions, Stormwater Management Utility, of the Code of Ordinances is amended as follows: Sec. 10. 521. 04. Exemptions as v__ the ! eased _.. ensi.. e pPublic road rights -of- ways, vacant lots or parcels, and undeveloped lots or parcels shall be classified as exempt from stormwater utility user fees. Governmental entities which by Chapter 553. 80 of the Florida Statutes are not subject to the City' s Stormwater Management requirements in the Land Development Code shall also be exempt from stormwater utility user fees. Section 2. Section 10. 521. 06, Mitigation Credits, Stormwater Management Utility, Code of Ordinances, is amended as follows: Sec. 10. 521. 06. Mitigation Credits Stormwater user fee credits of up t° fn_. _ eFe " 04 may be given to developed properties, demonstrating stormwater control and management facilities which generate less volume of runoff and apply best management practices ( BMPs) to improve surface water quality. The procedures and amount of each available credit shall be adopted by separate resolution and set forth in the City' s Comprehensive Fee Schedule. GFE411 T..;'„ be - i or2 Packet Pg. 75  12. 1. a Cill b @Rb a Section 3. Repeal of Conflicting Provisions In the event any ordinance or parts of ordinances are in conflict with any other provision of the Code, the provisions of this Ordinance shall prevail. d Section 4. Severability Should any provision or portion of any provision in this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of the provisions herein. 0 a m Section 5. Effective Date This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. a, N Adopted: Mike Anderson, Mayor N Attest: Approved for form and legal sufficiency. o2 Ca