Fort Walton Beach Council agenda — 06-08-2010 Regular — reading text

5. 1. Ordinance No. 1834 6. SIGNATURE BLOCK: 6. 1 Submitted By: Timothy Bolduc, CBO, BCA, Building Official 6. 2 Reviewed and Concur: -°"'° rl Michael D. Beedie, P. E. ineer' Utility Services Director 6. 3 Reviewed for Agenda: aert T. Mearns Manager 48 Municipal Planning Board regular meeting 6- 3- 10 QUASI-JUDICIAL: ORD. 1834 —AMEND PUD FOR SOUND SIDE MPB Case No. 10 -07 -RZ — Ordinance 1834 to amend the distribution of units within the Planned Unit Development (PUD) for Sound Side affordable housing development. All individuals who expected to speak were previously given the oath. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, PROVIDING FOR AUTHORITY & INTENT; AMENDING SECTION 3, SECTION 6, AND SECTION 7 OF ORDINANCE 1762; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Mr. Scott moved to recommend to City Council approval of Ord. 1834. Ms. Wilson seconded motion and it carried unanimously with Glover, Panzenhagen, Rosales, Scott, and Wilson in favor Stearns and White absent). Page 'I of 5 49 This page is left intentionally blank 50  CITY COUNCIL MEETING June 8, 2010 Ordinance on First Reading Ordinance 1835 Maintenance of CRA Capital Projects Synopsis: Provides for ongoing and continuous maintenance ofcapital projects funded by the CRA Agenda Item Number: 11. 3  1 ORDINANCE 1835 2 3 4 AN ORDINANCE OF THE CITY OF FORT 5 WALTON BEACH, FLORIDA AMENDING THE 6 FORT WALTON BEACH COMMUNITY 7 REDEVELOPMENT AGENCY PLAN AND SETTING 8 AN 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 a. The City of Fort Walton Beach has the Authority to adopt this ordinance 15 pursuant to its powers provided in Section 2 of the City Charter and Section 166. 021( 1), 16 Florida Statutes, and the provisions of Chapter 163. 17 18 b. Pursuant to section 163. 361, of the Florida Statutes ( 2010), on June 2, 19 2010, the Board of Commissioners of the Fort Walton Beach Community Redevelopment 20 Agency recommended an update to the Community Redevelopment Agency Plan adopted 21 by Ordinance 1747 on December 11, 2007 ( " CRA Plan "). 22 23 C. Section 11. 4. 1 of the CRA Plan provides for the " ongoing maintenance 24 and /or construction and rehabilitation of core utilities such as sewer or water lines and 25 stormwater management facilities, as well as pavement, sidewalk, curb and gutter, etc." 26 27 d. Since the Plan was adopted, the CRA has completed numerous capital 28 projects that require ongoing and continuous maintenance but are not specifically within 29 the language of section 11. 4. 1. Therefore, Revenue Trust Funds cannot be expended for 30 the ongoing maintenance of those projects. 31 32 e. An amendment to section 11. 4. 1 of the CRA Plan is necessary to 33 implement and accomplish the goals of the CRA Plan and to ensure the continued success 34 of the CRA Plan. 35 36 Section 2. Amendment of Section 11. 4. 1 of the Fort Walton Beach Community 37 Redevelopment Agency Plan 38 Therefore, section 11. 4. 1 of the CRA Plan is hereby amended as follows: 39 40 The redevelopment contemplated in this Plan requires substantial public 41 investment in public infrastructure and amenities in terms of ongoing maintenance 42 and /or construction and rehabilitation of core utilities such as sewer or water 43 lines and stormwater management facilities, as well as amenities, such as 44 pavement, sidewalk, curb and gutter, streetscaping_ park improvements, ri h t -of- 45 way improvements, and the like. These ongoing infrastructure projects will be 46 scheduled through the City' s five -year capital improvements plan; however, as 51  47 private development occurs that requires upgraded infrastructure and amenities 48 the City /CRA will reprioritize the schedule so as to have the projects implemented 49 concurrently with planned private development projects to the maximum extent 50 possible ". 51 52 Section 3. Amendment of List on Page 11. 6 of the Fort Walton Beach Community 53 Redevelopment Agency Plan 54 The list on page 11. 6 of the CRA Plan shall have included the following item: 55 56 Annual maintenance of amenities and any project funded through the Revenue 57 Trust Fund and any public property, facilities, and rights- of w - a37 located within 58 the CRA District which are consistent with and further the CRA Plan. 59 60 Section 4. Effective Date 61 This ordinance shall take effect immediately upon approval by the City Council 62 63 64 65 66 Adopted Mike Anderson, Mayor 67 68 69 Attest: Approved for form and legal sufficiency 70 71 72 73 Helen Spencer, City Clerk Toni L. Craig, City Attorney 74 75 Codification Instructions: Not codified. 52  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Michael D. Beedie, P. E., Engineering & Utility Services Director Date: June 3, 2010 Subject: Ordinance No. 1835 to Amend Section 11. 4. 1 of the CRA Plan 1. BACKGROUND: 1. 1. Ordinance No. 1747 to adopt the update to the Community Redevelopment Agency CRA) Plan was approved by City Council on December 11, 2007, following approval by the Community Redevelopment Agency on August 1, 2007. Section 11. 4. 1 of the CRA Plan establishes ongoing installation and maintenance of public infrastructure, including sewer lines, water lines, stormwater management facilities, pavement, sidewalk, curb and gutter, etc. 1. 2. Over the past two to three years, the CRA has completed numerous capital projects that extend beyond the definition of public infrastructure. In order to provide continued maintenance of the completed projects, an amendment to Section 11. 4. 1 of the CRA Plan is necessary. 2. DISCUSSION: 2. 1. Chapter 163. 361( l)of the Florida Statutes establishes that if at any time it becomes necessary or desirable to amend or modify a community redevelopment plan, the governing body may amend such plan upon the recommendation of the community redevelopment agency. 2. 2. Ordinance No. 1835 modifies Section 11. 4. 1 of the CRA Plan,entitled Ongoing Installation and Maintenance of Public Infrastructure, to include the ongoing and continuous maintenance of capital projects completed by the CRA, such as streetscaping, park improvements, right -of w - ay improvements, etc., and of any public property, facilities, and rights -of w - ay inside the CRA District which are consistent with and further the CRA Plan. 3. FINANCIAL INFORMATION: 3. 1. There is no financial impact from this amendment to Section 11. 4. 1 of the CRA Plan as the annual CRA Operational Budget includes maintenance programs for parks, facilities, and rights -of w - ay within the CRA. 53  4. CRA BOARD RECOMMENDATION: 4. 1. On June 2, 2010, the CRA Board of Commissioners recommended unanimously to approve Ordinance No. 1835 to amend Section 11. 4. 1 of the C' RA Plan to include ongoing and continuous maintenance of any capital project funded by the CRA and any public property, facility, and rights -of w - ay located within the CRA District which are consistent with and further the CRA Plan. 5. STAFF RECOMMENDATION: 5. 1. Staff requests City Council adoption of Ordinance No. 1835 to amend Section 11. 4. 1 of the CRA Plan to include ongoing and continuous maintenance of any capital project funded by the CRA and any public property, facility, and rights -of w - ay located within the CRA District which are consistent with and further the CRA Plan. 6. ATTACHMENTS: 6. 1. Ordinance No. 1835 7. SIGNATURE BLOCK: 7. 1 Submitted By: Michael D. Beedie, P. E. Engineering & Utility Services Director 7. 2 Reviewed for Agenda: / _ f0 4obkt T. Mearns y Manager 54  Page 1 of 1 Michael Beedie From: Toni Craig [ toni @tonicraig. info] t: Tuesday, May 25, 2010 12: 24 PM Michael Beedie Subject: RE: Resolution 2010 -XX to Amend Section 11. 4. 1 of CRA Plan My suggestion is attached. Also, the budget item staff reports could have a caveat "Subject to Adoption of Ordinance X" Toni L Craig Attorney Fla. Bar No 115444 850) 243 -6969 Fax: ( 850) 244 -8929 www.tonicraig. info From: Michael Beedie [ mailto: mbeedie @fwb. org] Sent: Tuesday, May 25, 2010 10: 59 AM To: Toni Craig Subject: Resolution 2010- XX to Amend Section 11. 4. 1 of CRA Plan Toni, Here is a quick staff report outlining the proposed changes to Section 11. 4. 1 of the CRA Plan to allow for perpetual maintenance of public property, facilities, and rights -of -way within the CRA and any project funded through the CRA. Can you please review the wording of my proposed additions to the Plan so I can input them into a resolution once I get the number from Helen? T ks, K_ iel D. Beedie, P. E. Engineering & Utility