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

dAdli rriits Base ERU = Total impervious wfaoe on Base ERU = Total impervious surfaoe on poxfty civided by the residential ERU of property clivided by the residential ERU d 2AQ 3,200 S.F. or one (1) ERU, C Tnwdal Property per month 2,700 or one (1) ERU, \Ahidiever is greater Wt id-ever is greater 16 17 18 Section II. Resolution 2008 -34 and all other resolutions or parts of 19 resolutions in conflict with the terms of this resolution are repealed. 20 21 Section III. This resolution shall take effect immediately upon approval of 22 the City Council. 23 24 25 26 27 Adopted Mike Anderson, Mayor 28 29 30 31 Attest: Approved for form and legal sufficiency: 32 33 34 35 Helen Spencer, City Clerk Toni L. Craig, City Attorney 73-  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Michael D. Beedie, P. E., Engineering & Utility Services Director Date: March 1, 2010 Subject: Resolution 2010 -07 to Amend the Comprehensive Fee Schedule for Stormwater Utility Fees 1. BACKGROUND: 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 1, 2008. 1. 2 The basis of the ERU was calculated as 2,700 square feet of impervious surface in Ordinance No. 1768. 1. 3 Based on the 2, 700 square foot per ERU, a user fee was established for both Single -family residential property" and " Other properties ". In Ordinance No. 1768, the user fees were as follows: 1. 3. 1 " Single- family residential property. Each single -family property, including those properties with up to four residential units, shall be considered one ERU for billing purposes. Monthly service charges for each single -family dwelling unit shall be identical ". 1. 3. 2 " Other properties. All other properties shall be charged a user fee equivalent to following formula: Base ERU = Total the impervious surface on property divided by the residential ERU of 2,700 ". 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, which was approved by City Council on first reading on February 23, 2010, and is on the agenda for second reading on March 9, 2010, 74-  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 revisions to the Comprehensive Fee Schedule for the Stormwater Utility Fees mirrors the changes to Section 10. 521, Stormwater Management Utility, of the Code of Ordinances as described in Ordinance No. 1821. 3. 2 It is estimated that 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. 4. RECOMMENDATION: 4. 1 Staff requests City Council adoption of Resolution 2010 -07 to amend the Stormwater Utility Fees in the Comprehensive Fee Schedule 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 as stated in Ordinance No. 1821. 5. ATTACHMENTS: 5. 1 Resolution 2010 -07 6. SIGNATURE BLOCK: 6. 1 Submitted By: 14i1„ Q Michael D. Beedie, P. E. Engineering & Utility Services Director 6. 2 Reviewed and Concur: l`] Brandy Wunker, Finance Director 6. 3 Reviewed for Agenda: 4 Z 2/ O ert T. Mearns ty Manager 75-  Page 1 of 2 Michael Beedie From: Toni Craig [ ton i @tonicraig. info] Sent: Sunday, February 28, 2010 2: 11 PM To: Charlotte Dunworth Cc: Michael Beedie Subject: RE: 090089 RE: Resolution to Amend Stormwater Utility Fees The attached resolution is sufficient. I made a slight amendment to section ll. Thank you. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig. info From: Charlotte Dunworth [ mailto: cdunworth @fwb. org] Sent: Friday, February 26, 2010 3: 34 PM To: Toni Craig Cc: Michael Beedie Subject: 090089 RE: Resolution to Amend Stormwater Utility Fees Hi Toni, Could you please review the attached resolution for the March 9 agenda? Thanks! Char(otte (Dunworth Budget & Grants Manager, Finance Department City of Fort Walton Beach 850 -833 -9514 phone 850 -833 -9640 fax Original Message---- - From: Michael Beedie Sent: Thursday, February 25, 2010 2: 58 PM To: Brandy Wunker Cc: Charlotte Dunworth Subject: Resolution to Amend Stormwater Utility Fees Brandy, 2nd I need to prepare a resolution to go along with the reading of the revised Stormwater Utility Ordinance at the March 9th City Council meeting. Do you want to handle the resolution or shall I? I have not obtained a resolution number yet. Thanks, Michael D. Beedie, P. E. Engineering & Utility Services Director Engineering Services Department City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach, FL 32549 Phone: ( 850) 833 -9612 Fax: ( 850) 833 -9926 Cell: ( 850) 585 -9158 Nextel: 186 *13224 *8 3/ 1/ 2010 - 76-  CITY COUNCIL MEETING March 9, 2010 Discussion - Direction - Action Action Nominations for appointment to vacant City Council Seat 2 Synopsis: Council members may nominate electors to fill the seat Agenda Item Number: 9. 2  FORT WALTON BEACH - CHARTER Section 4B. Filling vacancies in the city council or in the office of mayor. a) In the event a vacancy occurs on the city council, or in the office of mayor, after election of a person to fill the office concerned, the position shall be filled as follows: 1) If a person elected has not yet been sworn into office, the office shall not be filled until that person would ordinarily have been sworn in. The council taking its seat at the time that person would have been sworn in shall determine the successor, by majority vote. 2) If the person elected has been sworn into office, and if more than sixty ( 60) days remain before the next primary election to be held within the City of Fort Walton Beach, then that vacancy shall be filled by a vote of the majority of the council then sitting. 3) Prior to any appointment by council, nominations shall be accepted during at least the two 2) general meetings following creation of the vacancies. The city council shall appoint the person to fill the vacancy at the third regular meeting after the vacancy is created. Voting will be confined only to those persons who were nominated and discussed at either or both the public meetings at which nominations were accepted. 4) If fewer than sixty ( 60) days remain before the next primary election, no successor shall be appointed unless no one qualifies to run for the vacant position. b) All vacancies which occur on the city council, or in the office of mayor, shall be filled by majority vote of the council, but only until the next election held in the city. c) Whether or not the seat becoming vacant has been sworn into office, the appointment by a majority of the council shall be for a period extending only until the beginning of the first regular meeting after a successor is chosen by election as provided herein. That seat shall be open for qualification in the next election beginning sixty (60) days before the first primary and ending thirty 30) days before the first primary. Those candidates qualifying for that position shall run in a nonpartisan election. The candidate in a particular group or ward race who receives a majority of the votes cast shall be elected to that position. In the event no candidate receives a majority of the votes cast, then the two ( 2) candidates with the highest number of votes will participate in a runoff to be held at the next primary election, or if none, at the general election. The winner of that election shall fill the balance of the term of the seat in which the vacancy occurred. Section 5. Regular and special meetings of council. On the first day of July, 1956, and thereafter on the first day of April in the years in which there are elections of councilmen, the council shall meet in the council chamber of the city hall, and the newly elected members shall assume the duties of office. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, but not less frequently than twice each month. Special meetings shall be called by the clerk upon written request of the mayor, city manager or three members of the council. Any such notice shall state the