Fort Walton Beach Council agenda — 03-09-2010 Regular — reading text

73, or $ 58, 663. 73 higher than Tetra Tech' s projections: 1. 4. 1 Residential Property - $ 316, 675. 78, or $ 37, 495. 78 higher 1. 4. 2 Commercial / Other Properties - $ 335, 987. 95, or $ 21, 167. 95 higher 1. 5 Any overages charged to customers from October 1, 2008, through the adoption of a revised Stormwater Utility ordinance will be credited back to existing customers, and those properties who have discontinued service or changed account holders will be handled on a case -by -case basis. 2. DISCUSSION: 2. 1 During an internal QA/QC of the Tetra Tech database by Engineering Services Department staff, it was determined that the properties used in the original engineering analysis for the ERU calculation was incorrect. Tetra Tech was contacted and verified that the ERU basis should have been 3, 200 square feet and not 2, 700 square feet, an increase of 18. 5 %. 2. 2 Ordinance No. 1821 revises the Stormwater Management Utility to account for the error in the original ERU calculation and also clarifies the calculation of the user fee for residential and commercial properties. 3. FINANCIAL INFORMATION: 3. 1 The net annual financial impact of the corrections required for the calculation of the Stormwater Utility ERU is a decrease of $56, 172 per year ( 8. 4% decrease). This decrease accounts for the change in ERU basis from 2, 700 S. F. to 3, 200 S. F. and for corrections in the digitization of impervious surfaces for commercial properties. 43-  3. 2 Please note that the actual revenue collected is based on the number of active water meters in the City' s billing system. 3. 3 Any over collection of Stormwater Utility user fees shall be credited to the affected accounts after the adoption of Ordinance No. 1821. Those accounts affected by the errors will be notified in writing of the error and the appropriate credit. 4. RECOMMENDATION: 4. 1 Staff requests City Council adoption of Ordinance No. 1821 to amend Chapter 10. 521, Stormwater Management Utility, of-the Code of Ordinances to account for a revision in the calculation of the Equivalent Residential Unit ( ERU) from 2, 700 S. F. to 3, 200 S. F. and to clarify the calculation of the Stormwater Utility user fees for residential and commercial properties. 4.2 Staff also requests City Council authorization for the City Manager to proceed with the determination of the user fee overage for individual properties and to begin to process credits to the utility accounts for the overages. 5. ATTACHMENTS: 5. 1 Ordinance No. 1821 5. SIGNATURE BLOCK: 5. 1 Submitted By: Michael D. Beedie, P. E., City Engineer 5. 2 Reviewed and Concur: l Bran y Wunker, Fine anc Director 5. 3 Reviewed for Agenda: A-6 4 ditbert Mearns y Manager 44-  CITY COUNCIL MEETING March 9, 2010 Ordinance on Second Reading Ordinance 1822 Amends Municipal Planning Board Meeting Time Synopsis: The MPB unanimously requested its meeting time be changedfrom S PM to 5: 30 PM Agenda Item Number: 7. 2 1 ORDINANCE 1822 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, 4 AMENDING THE CODE OF ORDINANCES TO ESTABLISH A 5: 30 P. M. 5 MEETING TIME OF THE MUNICIPAL PLANNING BOARD AND SETTING AN 6 EFFECTIVE DATE. 7 BE IT ORDAINED BY THE CITY COUNCIL OF FORT WALTON BEACH, 8 FLORIDA: 9 Section 1. Authority & Intent 10 The authority for enactment of this ordinance is Chapter 166. 021, and other 11 provisions of the Florida Statutes and section 2 of the City Charter. 12 13 Section 2. Amendment of Section 2. 11. 12, Meetings, Municipal Planning 14 Board, of the Code of Ordinances 15 Section 2. 11. 12, Meetings, Municipal Planning Board, of the Code of 16 Ordinances, is hereby amended as follows: 17 18 2. 11. 12 Meetings: Meetings of the municipal planning board shall be held 19 at 5: 30 p. m., on the first Thursday of each month, and as needed on the 20 third Thursday of each month, to dispense with regular business before 21 the board. The January meeting shall be held on the second Thursday of 22 that month. Additional meetings may be called by the chairperson at the 23 request of four members of the board, in writing. The location of all 24 meetings of the municipal planning board shall be in the city in a place 25 accessible to the public. All meetings and public hearings of the municipal 26 planning board shall be open to the public. Public hearings shall be set for 27 a time certain after due public notice. 28 29 Section 3. Effective Date 30 This Ordinance shall take effect immediately upon approval by the City 31 Council and signature of the Mayor. 32 33 34 Adopted: 35 Mike Anderson, Mayor 36 37 Attest: Approved for form and legal sufficiency. 38 39 40 Helen Spencer, City Clerk Toni L. Craig, City Attorney 41 42 New language is underlined. 43 Deleted language is sere. 44 Codification Instructions: Section 1, 3 not codified. 45 Sections 2 codified and changes chapter 15 of Land Development Code as stated. 45-  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: 2010, to I. I. The Municipal Planning Board ( MPB) voted unanimously on February 3, 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 meeting agenda to discuss MPB meeting times. Florida Statutes requires that the MPB convene as the Local Planning Agency ( LPA) after 5: 00 P. M. to consider certain issues such as items related to the Comprehensive Plan and Development Agreements. The 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: 4. 1. The Municipal Planning Board ( MPB) recommended unanimously ( 6 -0) that City Council approve Ordinance No. 1822 to revise the MPB' s meeting time from 5: 00 P. M. to 5: 30 P. M. 46- 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: 6. 1. Submitted By: Sa antha D. Abell, Planning Manager 6. 2. Reviewed and Concur: Michael D. Beedie, P. E., City Engineer Reviewed for Agenda: 6. 3. Re 4bR ert T. Mearns Manager 47-  MINUTES OF THE MUNICIPAL PLANNING BOARD MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA FEBRUARY 4, 2010 INTRODUCTION A Meeting of the Fort Walton Beach Municipal Planning Board was held on Thursday, February 4, 2010 at 5: 00 p.m. in the Council Chambers, 107 Miracle Strip Parkway SW, with the following members present: Glenda Glover, Chairman; Janet Wilson, Vice -Chairman; Brian Rosales; Charles Scott; Al Stearns, and Darrell White Absent: Don Panzenhagen, unexcused Also present: Samantha Abell, Planning Manager; Michael Beedie, City Engineer; Tim Bolduc, Building Official CALL TO ORDER/ROLL CALL The meeting was called to order. PLEDGE OF ALLEGIANCE The Chairman led in the Pledge of Allegiance. MINUTES Mr. Stearns moved to approve the January 14, 2010 minutes. Ms. Wilson seconded motion and it carried unanimously with Glover, Rosales, Scott, Stearns, Wilson, and White in favor (Panzenhagen absent). ORD. 1819: ABOLISH BEAUTIFICATION COMMITTEE The City Attorney reported Council will consider on second reading an ordinance to abolish the Beautification Committee which was also appointed the Tree Board. She advised Council has assigned the Tree Board duties to the Municipal Planning Board. MPB/LPA MEETING TIMES Ms. Wilson requested that either the Planning Board 5: 00 p.m. meeting time be changed to 5: 30 p.m. or the Local Planning Agency (LPA) 5: 30 p.m. meeting time be changed to 5: 05 p.m. The City Attorney advised under the Statute the LPA cannot meet before 5: 30 p.m. and the 5: 00 p.m. meeting time for the Planning Board is set by ordinance. She explained the Statute requirements of an LPA and Code requirements for citizen participation. Ms. Wilson moved to recommend to City Council that an ordinance be prepared to change the meeting time of the Municipal Planning Board to 5: 30 p. m. Mr. White seconded motion and it carried unanimously with Glover, Rosales, Scott, Stearns, Wilson, and White in favor (Panzenhagen absent). INFORMATION ITEM —CRA CASE - REQUEST FOR AMENDMENT TO SITE PLAN LANDMARK CENTER Ms. Abell pointed out the email received from Bruce Houle, Partner in Landmark Center that requested theLandmark agenda items on the CRA and MPB agendas