Loading...
HomeMy WebLinkAboutOrdinance 2009-329 ORDINANCE NO. 2009 - ~9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 238 OF THE CITY CODE TO ESTABLISH NEW GUIDELINES FOR RIGHT- OF-WAY MANAGEMENT; PROVIDING FOR REPEALER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach has invested millions to replace old sidewalks with new decorative sidewalks; and WHEREAS, the City wishes to protect the investment that it has made In its infrastructure; and WHEREAS, utility companies are required to place markings in the public rights-of-way before preparing to excavate or demolish; and WHEREAS, the location marks placed by utility owners are not aesthetically pleasing and create a public nuisance; and WHEREAS, the City wishes to impose additional requirements for the placement of markings that are consistent with Section 556.105, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Amendment. Chapter 238 of the Sunny Isles Beach Code is hereby amended to add the following new sections: Section 238-13. Obtainine: Authorization to Identify and Mark Undere:round Facilities. (a) Any member operator who in accordance with the "Underground Facility Damage Prevention Safety Act", Chapter 556, Florida Statutes performs identification and marking of underground facilities must obtain from the Public Works or Building Department, an authorization to occupy the public rights-of-way for these purposes. (b) Requests for authorization to occupy the right-of-way will be processed in a manner that does not interfere with the time requirements stated in Section 556.105 Florida Statutes. Page I 01'3 Section 238-14. Mandatory Pre-Excavation Procedures. (a) A single construction permit shall be issued for each job; however, no more than ten (10) twenty (20) calendar days will be allowed to complete the work, including restoration from commencement of work. The City Manager or designee may will approve an extension of time upon written request from the contractor permittee if the request shows showing good cause. (b) No contractor shall engage in any excavation or demolition in a public easement or right-of way without first marking the location of such proposed excavation with white paint, white flags, or white buoys, as appropriate; such markings shall conform to the recommended guidelines for uniform temporary markings of underground facilities as established by the American Public Works Association or the State of Florida, and shall occur before the person or entity provides the State One- Call Notification System, with any information as required by Chapter 556, Florida Statutes. (c) Any markings made by a contractor or member operator pursuant to either this section or Chapter 556, Florida Statutes, shall be made using chalk-based paint, except as permitted below. Any contractor or member operator who fails to comply with the requirements enumerated herein will be required to remove all markings and fully restore any damage, by methods approved by the City's Public Works Department or Building Department. Markings shall be made with chalk-based paint on the sidewalk, brick pavers, asphalt, and any other surface other than earth or vegetation surfaces. Where markings are made on earth or vegetation surfaces, acrylic paint or water-based paint can be used. In areas where chalk-based paint is required, off set marks can be made with acrylic paint or water-based paint provided that such marks are made on earth or vegetation surfaces. Section 238-15. Excavation Procedures and Installation of Facilities. (a) Contractors are prohibited from removing or destroying any markings used by a member operator to mark the horizontal route of an underground facility. If markings are no longer visible, the contractor shall stop activities in that vicinity and notify the State One-Call Notification System to have the route marked. (b) No new underground facility shall be installed in such a way that creates a conflict with an existing underground facility unless the contractor submits a permit drawing showing the existence of the conflict. All conflicts of which the contractor is aware of when applying for a permit shall be disclosed on the permit drawing. Section 3. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or relettered to Page 2 01'3 accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 6. reading. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second PASSED and ADOPTED on first reading the 2..\~+ day of MA:\..f 2009. PASSED and ADOPTED on second reading the ~ day of SLl~~ 2009. c: l ;. ( .. . A 'fTEST:'/ \ - .--. , ( .' .-.... . ~'J'<:i..i .,.:' ,.::'.' ... ~rfPt~ '~ape A/Hine~, CMC,!C)ty Clerk ',. \ - r /' _ ..' i, i r' APFROVED' A TO'FORM . J .-- AND' G' " '.'FICIENCY: Moved by: r~~ ~\-lDu.. Seconded by: '\j\ U 'i'l\~ V I H r\1..t. 2.. Vote: 6-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ~(Y es) ~y es) t/tYes) ~Yes) (/ (Yes) (No) _(No) (No) _(No) _(No) Page3 of 3 u ~ GI '0 lD ftl (/) C W ~ ...J ~ !Q >- E z Z ::l :J 'E (/) GI U. ~ 0 (/) ~ D::: lD U Z a; c: 0 N a; Q; Cl C E Q; '" .2 '" a.. z f/) c a. c :e 0 .5 OJ U .!!1 > f/) "0 OJ OJ U <( Ul Cl T"" T"" Cl Cl co co r-. r-. "'! Cl Cl N N T"" :: II) II) T"" O/l .., .., >< co co .., lD ~ .0 E ~ :J Qj Z .0 C. E c: >- 0 t- :J :e (; z OJ Qj "0 f/) N (5 <( E en u e ~ - B w ~ . ..... ~ . ..... ~ w ..c reJ 14 , ! '" 0 ~ 0 '" , u w '" Z ~ ~ N >' . 8- "" 0 z 5 ii: 0- ~ 9 ~ "" "0 ffi Q. '" M X . '" "" ; x w '" i= Ii .E t ~ .. '" ;;; ~ z ~ E . 8 ~ -0 .2: ~ ~ '" ." ~ i i' (; > ~ "" '" ~ ~ 0 >- .,; ~ u '6 .E . '" N 0- 'g N ~ ." . :; ~ 0 ." ~ '" ~ i:i . .c .... .E ." cn~ 08- O~ N~ - . ......~ O~ -~ egg 0-11 .;; . .. . ad ...." mg c~ S:::1l o~ --!:! .... 0- m .~ ug .- -; :O~ :::::lW c..~ ~~ f.~~b;t ~~ "', _ ..~..4 CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny Isles Beach, Florida, will hold a public hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday, June 18, 2009, at 6:30 p.m., to consider final adoption of the following proposed Ordinances: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RELATING TO THE SEA TURTLES PROTECTION, TURTLE NESTING PROTECTION REGULATIONS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED ACTIVITIES; PROVIDING FOR LIGHTING STANDARDS ON EXISTING AND NEW DEVELOPMENTS IN THE PUBLIC BEACH AREA IN THE MUR DISTRICT; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 256-14 OF THE VEHICLES AND TRAFFIC CODE RELATING TO RENTAL OF PARKING LOT SPACES FOR SPECIAL EVENTS; ESTABLISHING HOURLY PARKING FEES AT VARIOUS PARKING METER LOCATIONS; ESTABLISHING APPLICATION RENEWAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 14 OFTHE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES TO PROVIDE FOR ABATEMENT PROCEDURES AND AUTHORIZING THE CITY TO RECOVER ITS COSTS AND FILE A LIEN; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 14 OFTHE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES TO PROVIDE THAT CODE ENFORCEMENT LIENS SHALL HAVE PRIORITY EQUAL TO TAXES AND SUPERIORITY TO ALL OTHER LIENS AND ENCUMBRANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. ~N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 238 OF THE CITY CODE TO ESTABLISH NEW GUIDELINES FOR RIGHT-OF-WAY MANAGEMENT; PROVIDING FOR REPEALER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding these items may be directed to the City Clerk at 305-792-1703. A copy of these documents is available for public inspection during normal business hours in City Hall. Jane A, Hines, CMC, City Clerk All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to register with the City Clerk by completing a publiC speakers' card prior to the item being heard. The hearings on these matters may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law, In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-947-0606, no later than 48 hours prior to the proceedings; if hearin9 impaired, please telephone the TTY line at 305-792-1590 for assistance. - NARANJA LAKES COMMUNITY REDEVELOPMENT AGENCY MIAMI-DADE COUNTY, FLORIDA REQUEST FOR PROPOSALS FOR PROPERTY MANAGEMENT SERVICES The Naranja lakes Community Redevelopment Agency (the "CRA") is solicrting Proposals from Qual~ied persons and entities to provide property management services to the CRA for its Community Center located at 27555 SW 140 Avenue, Naranja, Florida. Initially, the Community Center is intended to be used by the CRA for rts administrative purposes including holding its Board meetings and workshops, as well as serving the needs of its Board Members and staff from time to time. Depending upon policies yet to be adopted by the CRA, in the future the Community Center may be used on a more intensive basis by the CRA. Such uses may possibly require on-site personnel at the Community Center on an as. needed, part-time or even full-time basis with such needs yet to be determined. Accordingly, the Property Manager should be able to demonstrate that rt has the ability to provide such personnel if required by the CRA. Wrthout limiting the foregoing, the Community Center may be used for a variety of purposes including hourly or daily rental of the facilities for special events for organizations and individuals. If the Community Center is used for such purposes or otherwise, the Property Manager may be tasked with the responsibility for the coordination of such activities including, but not limited to, necessary staffing, calendaring events, collecting fees, follow-up, etc, Further, the CRA is also contemplating entering into an agreement with the Miami-Dade Police Department ("MDPD") to allow the MDPD to use a portion of the Community Center as a work station, which mayor may not be staffed by MDPD on a 24 hour per day basis, The Community Center work station would not be a full service police station, but merely a location utilized by officers to write police reports and make phone calls, The Property Manager would be required to coordinate with and assist MDPD in connection with its use of the Community Center, The primary responsibilities of the selected Property Manager will be to provide property management services to the CRA for the Community Center including, but not limited to the following: maintenance and repairs: accounts payable: budgeting; reporting and record retention; and servicing of all inquires and complaints. A copy of the Request for ProposalS (RFP) may be obtained at the Office of Strategic Business Management. Community Redevelopment and Municipal Services Division located at 111 NW 1 ST Street, 22nd Floor, Miami, FL 33128, The RFP may be obtained on line at httpJ/www.miamidade.gov/ crepad!, at the following link 'NaranJa lakes CRA RFP" The contact for this project is Jason E, Rodriguez who may be reached via e-mail at iasonerra>miamidade oov, or phone; (305) 375-2820, Deadline for submission of proposais is July I, 2009 by 5:00 PM lOCAL TIME, all sealed envelopes and containers must be received at 111 NW 1 st Street. 22nd Floor, Surte 2200, Miami, Florida 33128, BE ADVISED THAT A'off AND All SEALED OUALlFICATlONS ENVELDPES OR CONTAINERS RECEIVED AFTER THE ABOVE SPECIFIED RESPONSE DEADLINE MAY NOT BE CONSIDERED. This solicrtation is subject to Miami.Oade County's Cone of Silence pursuant to Section 2-11,1 (t) of the Miami.Dade County Code, as amended. Please review Miami-Dade County Administrative Order 3-27 ED for a complete and thorough description of the Cone MIAMH>ADE of Silence. mliIl Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM .. .-- TO: The Honorable Mayor and City Commission FROM: Robert C. Solera, Community Development Director DATE: 6/18/2009 RE: Amending Chapter 238 to Establish New Guidelines for Right-of-Way Management RECOMMENDATION: The staff recommends that the City Commission adopt this Ordinance amending Section 238 better known as the streets and sidewalks ordinance. REASONS: The City of Sunny Isles Beach invests in the replacement of sidewalks with new decorative sidewalks to provide a better infrastructure for residents and visitors alike. The utility companies are required under the law to place markings in the public rights-of-way before excavation and demolition. These markings are not aesthetically pleasing and create a public nuisance. This amendment will provide additional requirements for the placement of markings, and are consistent with requirements under Section 556.105 of the Florida Statutes. ADDITIONAL INFORMATION: This Ordinance amendment will require all utility companies to use a specific type of paint that is easier to remove, and will require that the paint be removed from the sidewalk once the work is finished. A TT ACHMENTS: . Ordinance . Sidewalk Photographs Agenda Item qF ~ -(~-oq http://sibagenda. si bfl.net/agenda/Preview .aspx?I temID=28&MeetingID=( Date