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.
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;'Jane A. Hines,;-CMC, City Clerk
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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..
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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