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HomeMy WebLinkAboutOrdinance 2007-293 ORDINANCE NO. 2007 - A q3 AN ORDINANCE OF THE CITY OF THE SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 235-3 OF THE CITY CODE RELATING TO STORMW A TER UTILITY FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 235-3 of the Code of the City of Sunny Isles Beach, mandates that stormwater utility fees shall be assessed against each property within the City, and further authorizes the modification of such fees by the City Manager; and WHEREAS, the City recently conducted a comparative study of stormwater rates throughout Florida, and found that the City's monthly stormwater utility fee of Two Dollars and Fifty Cents ($2.50) for each property is far below the statewide average, and is insufficient to meet the City's growing needs for stormwater utility services; and WHEREAS, the future usefulness of the City's existing storm water system and of future improvements thereto, rests on the City's ability to effectively operate and maintain the storm water utility system, and WHEREAS, an increase in the basic monthly stormwater utility fee from the current monthly fee of Two Dollars and Fifty Cents ($2.50) to Four Dollars ($4.00) is reasonable and necessary in order to adequately provide for the on-going costs of the City's existing stormwater utility system; and WHEREAS, this increased monthly storm water utility fee will better serve the health, safety and welfare of the City's residents by protecting and enhancing the City's water resources. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 235-3 of the City Code pertaining to stormwater utility fees is hereby amended by adding the underscored words and deleting those stricken through, to read as follows: ~ 235-3. Stormwater utility fees. A. A stormwater utility fee shall be assessed against each property within the City of Sunny Isles Beach. To assess the foregoing fee against each property the City Manager shall establish an account for each property or each use thereon based upon utility accounts provided by Miami-Dade County, the City of North Miami Beach Sewer and Water account, applications for service and the Miami-Dade County Tax Assessor property information or other ownership records. Such fees shall continue in the same Ordinance amending Section 235-3 of the City Code - I - amount previously charged by Miami-Dade County or may be amended based on new information derived by the City Manager, in which case such fees may be modified and sct in an amount sct forth in administrative order by the City Managcr after approval by the City Commission via a Resolution. B. Computation of Utility Fee for Residential Developed Property. For purposes of this chapter, each residential de'.'eloped propcrty shall be asscsscd a stormwatcr utility fee calculated by multiplying the ratc of one ERU as defincd in 9 235 2 abovc by the number of dv{elling units on the parcel. The Utility Fee for Residential Development Property shall be one (1) ERU, which is $4.00 per month. C. Computation of Utility Fee for Non-Residential Developed Property. €affi nonresidential developcd property shall be assesscd a storm water atility fee calculatcd by multiplying the rate of one ERU by a factor dcrivcd by dividing the actual impcrvious arca of the particular nonresidential devcloped property by thc statistically estimated average horizontal impervious area of the residential dcveloped property per dwelling unit, i.e., the squarc footage based equivalent established for one ERU. Not'.vithstanding the foregoing, each nonresidential dcvclopcd property classified by thc Miami Dade County Propcrty Appraiser as land use type 71 shall be assesscd a stormv{ater utility fee which is 50% of the fee for nonresidential developcd property calculated as described in the preccding scntcnce and as further described belm"". The Utility Fee for Non- Residential Developed Property shall be the ERU Rate ($4.00) multiplied by the numerical factor obtained by dividing the total Impervious Area of a Non-Residential Developed Property by one ERU. The following is an example of the computation: $4.00 (ERU Rate) * r 5,000 sq. feet (Impervious Area) /1,548 sq. feet (ERU) 1 = $12.91 D. Stormwater Rate. For the purposes of this Section, the user fee rate for one ERU is $4.00 per month. Section 2. 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 3. 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 accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 4. Repealer. All Ordinances or part of Ordinances in conflict herewith be and the same are hereby repealed. Ordinance amending Section 235-3 of the City Code - 2 - Section 5. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading this 15th day of November, 2007. J,J,. PASSED AND ADOPTED on second reading this .Laday of JYz..c..'i.Wl&W ,2007. - , I '~.T:."~, ,..... . A' . .. '. \..', . ;'Jane A. Hines,;-CMC, City Clerk ~ - ~> ... .. , Moved by: ~ ('(2 vY\~()R.lli~~ Seconded by: ~1SR~2.IPJ Vote: 6~o Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl v(Yes) v(Yes) V(Yes) l/'(Yes) V(Yes) ~(No) _(No) _(No) ~(No) ~(No) Ordinance amending Section 235-3 of tile City Code .. 3.. u <( Gl W "C m ca !/) C W 0 ...J ~ !Q <( >- ~ z z .a ~ c: !/) Gl U. ~ 0 !/) >- n:: ?- m (3 z Qi c: 0 N Qi Q; r::n C E ~ tll tll ll. .2 z III <= ii C :e 0 t~ Q) U .!!1 > III U "0 Q) Q) <( !/) Cl ... ... Q Q M M N N N N U'l ~ C> C> Iti C> C> C> en >< .... .... M m :ri .n E ~ ::J Qi z .n 0- E c: >- 0 I- ::J :e is z Q) Qi "0 III N (5 <( .E: en (J .,0 - 5 ~ ~ . .... ~ ii ~ ..c le) 40 E <> ~ ~ 8 N '" ". W ~ co . ~ . . 0 '" 0. >' 5 '" 0. '" e z l; 0:: '0 9 ~ . ~ ". X . ~ i' ". '" ij i' E w l; i!: .- '" 0 l; D ~ ~ '" . 'a; ,~ z 10 ~ .~ ~ -0 " ~ !J :r . .~ ~ '5 >: ~ ". ~ > 0>: ~ 0 ,. ~ u 'C E . g- o. -g . !J " . <5 ~ 0 " ;; ~ :r .~ ~ ~ .... ~ " r--~ o~ Oii N1il - . N: O~ -; Ng <r-{l ;;: . Q)~ -.= C'l:Ig C~ . ell o~ __ E!: _0. C'l:I.!! ug .-iD :C~ ~w o..~ race. start.sal8am at the MAR-JCC COURSE: SK (3JmH.$) USATFcMitiHcoom CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a publiC hearing will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday, December 13, 2007, at 7:30 p.m., to consider final adoption of the following proposed Ordinances: ~N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 235-3 OF THE CITY CODE RELATiNG TO STORMWATER UTILITY FEES; 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, AMENOING SECTION 265-63,3. OF THE CITY CODE RELATING TO THE INSTALLATION OF CONSTRUCTION FENCING; PROVIDING FOR SEVERABILITY; 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 this document 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, 1B070 Collins Avenue, Sunny Isles Beach, Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to reg- ister with the City Clerk by completing a public speakers' card prior to the item being heard, The hearings on these matters may be continuad at this meeting and under such circumstances, additionai legal notice would not be provided. If a person decides to appeai any decision made by the City Commission with respect to any matter considered at such meeting, they wiii need a record of the proceedings ami, fOT 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 oth- erwise 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 hearing impaired, piease telephone the m line at 305.792-1590 for assistance, NEIGHBORS CALENDAR sons in tile making, raku, mosaics, sculpting and wheel tl1rowing. Caters to special needs groups, Scouts and the facility is available for special events; Class meets once a week at various times; 8873 SW 129th St., Miami; $120 for six weeks, includes materials. 305-233-2404 or ceramicleaguemiami.org. The Flying Trapeze School: Classes for beginners and "frequent fliers" are available. All attendees are encouraged to Try N' Fly; 7.9 p.m. Wednesday and Thursday, 3.5 p.m. and 6~8 p.m. Saturday i.:H1d Sunday; Bayfront Park. 305 Biscayne Blvd., Miami; $40 each class; $10 for Try N' Fly. 786~239-8775 or theflylngtra peze.net. Growing Herbs In South Florida: Carolyne Coppola, owner of the Redland Herb Farm, shares her tech~ niques for nurturing healthy herbs in the ground, in containers and in raised beds. The two~day course includes a field trip, an herb menu breakfast, workshop and tour of the farmhouse. Potted herb plants and soils available for sale during the class and at the farm; workshop 10:30 a.m.-12:30 p.m. Dec. 6, field trip 9:30 a.m.-noon Dec. 8; Fairchild Tropical Botanic Garden, 10901 Old Cutler Rd., Coral Gables; $55. 305.667-1651, ext. 3322. Homeschoolers of Miami Enrich- ment: Children who are home schooled can participate in art, music, literature, yoga and creative writing classes; 8:30 a.m.-2:30 p.m. Tuesdays; Miami Shores Baptist Church, 370 Grand Concourse, Miami Shores; $5~$15. 305'298-4673. Karate: For adults and children; 6:30.8:30 p.m. Monday, Wednesday and Thursday: Athalie Range Park. 525 NW 62nd St., Miami; free. 305-757-7961. MIami Art League: Painting classes with Joe Davoli are offered; 9:30 a.m..noon Tuesdays and Thursdays: 9709 NE Second Ave., Miami Shores. For more information, including prices, ca1130S. 757-3161. Personal Safety Protection Classes: Self defense for women, seniors and men; 9-10:30 a.m. Monday, Wednes. day and Friday: Miami Okinawan Goju Ryu Bujutsukan, 9357 SW 56th St., Kendall: $10 per class. 305'274-1669 or 305-431.2545. Read2Succeed Tutoring Services: Read2Succeed, Inc. offers tutoring services in various subjects, includ~ ing reading and math, for students in kindergarten through fifth grades Tutors include three Miami-Dade County~certified teachers and a nationally certified FCA T strategist; Call for appointments; free. 30S.969~7440 or send an e-mail to r2succeed2@hotmai1.com: . Gold Coast Railroad Museum, 12450 SW 152nd S1., Miami; . Read2Succeed, Inc" 13205 SW 137th Ave., West Kendall. Sport Karate, Self Defense and Kick- boxing Class: Participants can learn sparring, grappling, hand~to-hand and weapons defense; 6:30-8 p.m. Mondays. Wednesdays and Thurs. days: Temple Menorah, 620 75th St., Miami Beach: $10 per class, $99 for three months. 305-494-5546. Many individuals in Dade County, with a net worth over Sl.5 million, have been sent literature that promises big cash payments or free life insurance. Don't enter into ANY "Free life Insurance" offers until you read our free report detailing the strengths and weaknesses of these offers. As your parents taught you; "There Are No Free lunches." If you've been approached with this offer, do you know if it's trustworthy? Do you know if it's right for you? ~~~ ~f~h~:~::~~ilg~~ilk~~ed a~~ s~bs~~~~.2reat benefit. For the first time, our FREE REPORT is available to you to read in the privacy of your home. learn the "ins and outs" of these oHerin 5. Don't make a move until you've read this report. Call 1-800-657.1650 or 561-997-5729 - 24 hours a day - to obtain your free copy. There is no obligation and no one on the phone to hassle you. City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable City Commission VIA: A. John Szerlag, City Manager FROM: Jorge Vera, Assistant City Manager Rick Conner, Director of Public Works DATE: November 15,2007 RE: Amend Section 235-3 of the City Code to Increase Stormwater Utility Fees RECOMMENDATION: This ordinance is presented for your consideration changing the current stormwater fee of $2.50 per month to $4.00 per month. REASONS: Currently Section 235-3 of the City Code provides a stormwater fee of$2.50 which was adopted ten years ago and has not been modified since inception. The State average of 105 major cities now stands at $4.32 per parcel per month. With the Federally mandated NPDES Program growing steadily each year, our costs are climbing as well. Staff is proposing this necessary increase to help offset these expenditures. ADDITIONAL INFORMATION: Each parcel of land involved in this program is 1,500 square feet, and our City currently has 17,500 parcels. A $1.50 increase in fees will change our income from $525,000 to $840,000. To be completed by Department Head To be compleft Funding available; Approval: Agenc Finance Department City Manager Cornu Date Q,6 1;;2.-( 3-D7 Agenda Item Cover Memo Stormwater Utility Fees TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Doug Haag, Assistant City Manager/Finance Priscilla Walker, CMC, Deputy City Clerk9w~ December 18, 2007 Stormwater Utility Rate Increase Ordinance At its regular meeting of December 13, 2007, the City Commission adopted Ordinance No. 2007-293, which approved an increase in the City's stormwater utility ordinance. Attached is a copy of the approving legislation to assist you in processing this item. Thank you. :pw Attachment Stormwater Utility Fee Increase Memo