1999-0617 Regular City Commision Meeting (2)

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7C. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING A CITYWIDE STORMWATER UTILITY AND ADOPTING STORMWATER UTILITY FEES TO PLAN, CONSTRUCT, OPERATE AND MAINTAIN A STORMWATER MANAGEMENT SYSTEM CONSISTENT WITH THE COMPREHENSIVE PLAN OF MIAMI-DADE COUNTY AS ADOPTED BY THE CITY OF SUNNY ISLES BEACH PURSUANT TO ARTICLE 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH AND UNTIL SUCH TIME AS THE CITY OF SUNNY ISLES BEACH ADOPTS ITS OWN COMPREHENSIVE PLAN; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FEE STRUCTURE FOR STORMWATER UTILITY SERVICES AND METHODS OF BILLING, COLLECTION AND ENFORCEMENT; PROVIDING FOR REPEAL, SEVERABILITY AND AN EFFECTIVE DATE. ACTION: [City Clerk's Note: agenda item 9-C was approved prior to this item being discussed. See also item 4 above.] City Clerk Brown-Morilla read the title of the proposed ordinance and City Attorney Lynn Dannheisser introduced the item,noting that Commissioner Iglesias had found an error that necessitated a revision to page 3, ERU: "the estimated average equals 1,548 square feet." Public Speakers: Gerry Goodman Commissioner Iglesias proposed amendments to page 2, section B: "The Manager is authorized to determine and prescribe the requirements of the stormwater utility system including all components of the infrastructure and all necessary or desirable alterations repairs and extensions to manage and control stormwater run-off provided such action serves a public purpose, based on recommendations by a licensed professional engineer, as deemed necessary." and section C: "The organization and operating procedures of the utility shall be prescribed by administrative orders and regulations of the City Manager, subject to City Commission approval. The City Manager whe may appoint employees as may be necessary to operate the utility." Mayor Samson said the utility fee would come on a separate bill from the County, as they would continue to collect the utility fee on our behalf($2.50 for single family residences)and charge the City for that service. He asked if there were restrictions on use of the funds. It was clarified that the money could not be used for repaving unless the street is torn-up related to stormwater work. Commissioner Iglesias also explained that DERM requires the first inch of storm water runoff be treated before it is released into the bay. Commissioner Iglesias moved, and Commissioner Morrow seconded a motion to approve the proposed ordinance, as amended on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be July 15, 1999. Vote: Commissioner Iglesias yes Commissioner Kauffman y Commissioner Morrow yes Vice Mayor Turetsky yes Mayor Samson yes Summary Minutes of the June 17, 1999, Regular City Commission Meeting - Page 4 of 10