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HomeMy WebLinkAbout04261995 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 26, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Donald Swope - First Presbyterian Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS).,,, - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 95.076 95.043 PGS 1-20 95.077 PGS 21-22 95.044 PGS 23-29 95.028 PGS 31-44 PROCLAMATIONS MD/OR ANNOUNCEMENTS I I I i is No~ Employee of the 1st Quarter 1995 - Presentation of Plaque to Linda Galley Equity Study Commission Members - Presentation of Plaques - Thomas Cecrle - Carl A. Fischer - Charles C. Neuberger, Jr. - Rod Reed PUBLIC HEARING, FINAL ACTION - None INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 4/5/95 Workshop, 4/12/95 Regular Meeting Proposed Budget Calendar for Fiscal Year 1995- 1996 (City Manager Transmittal dated 4/18/95, Calendar) Fourth of July Celebration - Approve Closing of Certain Streets, Use of City Facilities for Planning Meetings and Staging, Appropriation of $5,000.00 and Placement of Advent Balloon in Riverview Park w/Certificate of Insurance (City Clerk Transmittal dated 4/19/95, Director of Community Development Transmittal dated 4/14/95, Malek Letters dated 4/10/95) RESOLUTION NO. R-95-24 - Native Tree List (Director of Community Development Transmittal dated 4/10/95, R-95-24) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 2 95.068 PGS 45-54 95.078 PGS 55-61 95.079 PGS 63-64 95.080 PGS 65-67 RESOLUTION NO. R-95-26 - Culvert Pipe Policy (City Manager Transmittal dated 4/20/95, R-95-26) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A CULVERT PIPE POLICY; ESTABLISHING COSTS; ESTABLISHING AN APPLICATION FOR CULVERT PIPE; ESTABLISHING AN APPLICATION FEE; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO ENTER INTO CULVERT PIPE AGREEMENTS ON BEHALF OF THE CITY; REPEALING RESOLUTION NO. R-93-35; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-95-27 - Legal Services Agreement - Nabors, Giblin - Bond and Financial Issues Re: Utility System (City Manager Transmittal dated 4/20/95, R-95-27) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF AN ATTORNEY; AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY COUNCIL, TO ENTER INTO A LEGAL SERVICES AGREEMENT WITH NABORS, GIBLIN & NICKERSON, P.A., FOR THE PURPOSE OF PROVIDING LEGAL ADVICE TO THE CITY ON BOND AND FINANCIAL ISSUES FOR THE CITY OF SEBASTIAN UTILITY SYSTEM; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Goodwill Industries Request to Place Temporary Trailer on Walmart Property Not to Exceed Eleven Months - Contingent Upon Contractor Obtaining Building Permit (Director of Community Development Transmittal dated 4/14/95, Chase Letter dated 4/11/95) GFWC Sebastian River Junior Woman's Club Request Use of Riverview Park - 11/18/95 (11/19/95 Raindate) - Harvest Arts and Crafts Fair - Use of Electricity and Standard Conditions (Director of Community Development Transmittal dated 4/17/95, Harle Letter dated 4/12/95) 10. 11. 95.081 PGS 69-84 12. 95.082/ 95.068 13. 95.032 PGS 85-92 PRESENTATIONS COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AND ZONING COMMISSION Interview Ail Applicants (R-94-51) - P & Z Recommendation to Appoint Joseph Schulke to Regular Member Position - Unexpired Term Vacated by John Falke - Expires 6/97 (Director of Community Development Transmittal dated 4/18/95, P & Z Memo dated 4/7/95, Applications, Excerpt from R-94-51) OL__~D BUSINESS A. David Costa - Drainage Problem (No Backup) NEW BUSINESS ORDINANCE NO. O-95-12 - Repealing 0-95-05 - Antique, Consignment and Secondhand Shops (City Manager Transmittal dated 4/20/95, O-95-12G) 1st Reading, Set Public Hearing for 6/14/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A-2.5.C.6, 20A-2.5.C.13., 20A-6.1.C.18 AND 20A-3.10.B. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; TO CLARIFY CLASSIFICATIONS AND DEFINITIONS; TO PERMIT ANTIQUE SHOPS AND SECONDHAND STORES IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICTS; TO ALLOW FLEA MARKETS AND PAWN SHOPS IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AS A CONDITIONAL USE; AMENDING THE CITY OF SEBASTIAN I2%ND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA ,TO ADD ANTIQUE SHOPS, CONSIGNMENT SHOPS, SECONDHAND STORES AND SPORTING GOODS SHOPS TO SECTION 20A-2.5.C.6; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; REPEALING ORDINANCE NO. 0-95-05; AND PROVIDING FOR AN EFFECTIVE DATE. 95.043 PGS 93-116 95.083 PGS 117-120 95.084 PGS 121-141 14. 95.067 15. 16. ORDINANCE NO. O-95-11 - Occupational License Fees (City Clerk Transmittal dated 4/19/95, O-95-11) 1st Reading, Set Public Hearing for 6/14/95 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II OF THE CODE OF ORDINANCES, RECLASSIFYING OCCUPATIONS; REVISING THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE; IMPOSING ADDITIONAL PENALTIES; ESTABLISHING EXEMPTIONS; IMPOSING ADDITIONAL REQUIREMENTS FOR ISSUANCE OF LICENSES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. Proposed Amendment to Land Development Code - Section 20A-3.8(A) D(8) Re: C-512 Landscape Requirements - Schedule Quasi-Judicial Hearing (Director of Community Development Transmittal dated 4/18/95, P & Z Memo dated 3/17/95, LDC Section) Proposed Comprehensive Land Use Plan Amendment and Rezoning - Sebastian Christian Church - Tract F, Sebastian Highlands Unit 17 (Director of Community Development Transmittal dated 4/17/95, Applications, P & Z Recommendation dated 4/7/95, LDC Sections, CLUP Policies) CITY COUNCIL MATTERS A. Mrs. Louise Cartwriqh~ B. Mrs. Norma Damp C. Mr. Raymond Halloran Mayor Arthur Firtion 1. Amend Liaison Appointment to Economic Development Council (No Backup) E. Vice-Mayor Carolyn Corum CITY ATTORNEY MATTERS CITY MANAGER MATTERS 5 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND 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 HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, APRIL 5, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF TItE CITY CLERK, CITY HALL, 1225 MAIN STREET; SEBASTIAN, FLORIDA. Individuals shall address the City Council with mst~.ct to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet providedprior to the meetin~ - limit often, minutes per spe[~ker (R~93-19)' Introduction of New Business from the Public shall not be allowed at City Council Workshops (R-93-19). ' 1. Mayor Firtion called the workshop to order at 7:05 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran city Attorney, Tim Williams Deputy City Clerk, Sally Maio City Council Workshop April 5, 1995 Page Two AGENDA MODIFICATIONS ,(ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93~19). None. 5. ANNOUNCEMENTS None. 6. WORKSHOP ITEMS 95.068 Stormwater Drainaqe Pipe Policy C/_~Manaeq~_~ Transmittal dated ~ R-93-35 w/Attachments) Herbert Sturm, 549 Saunders Street, Sebastian, read LDC Section 20A-5.17(c) relative to property owners being responsible for maintaining swales and inquired why the ordinance is not being enforced. Dave Costa, 499 Concha Drive, Sebastian, requested that Council direct staff to install perforated pipe in his front swale to relieve his problem. A1 Goelz, 1618 Seahouse Street, Sebastian, said the homeowner should be responsible for alleviating the problem. The City Manager said City Council has no policy on front yard swales, explained that front yard swales serve to percolate water, that this type of installation has not been done anywhere else in the city, and suggested that perhaps the issue could be addressed when stormwater consultants are retained. City Council discussion followed. Vice Mayor Corum said Council had directed staff to find out the city's cost for installation of culvert pipe, inquired whether the city might be responsible for allowing lots to be too high, and stated she did not believe Mr. Costa's issue was the responsibility of the city. Mrs. Cartwright requested that Mr. Costa's issue be brought back to a regular meeting to be addressed. The Director of Community Development, in response to Mrs. Damp, stated that the LDC defines a front yard as that abutting a street right-of-way. City Council Workshop April 5, 1995 Page Three He went on to explain that height of house construction for septic tanks is determined by HRS. TAPE I - SIDE II (7:35 p.m.) Mrs. Damp inquired whether a retaining wall could be installed and the Director of Community Development said it could. In response to Mr. Halloran, the Director of Community Development reiterated code requirements for "front" yards, and said a final had been received from HRS on this house which indicated it met HRS requirements. Mayor Firtion suggested tabling the matter until drainage engineers are retained. Dave Costa again addressed City Council. The City Manager inquired whether city Council wished to change the policy outlined in the current resolution, wait for drainage consultants to make a recommendation or look at each issue on a case by case basis. Mrs. Damp suggested letting the resolution stand, looking at these matters on a case by case basis, and that the city should not wait for consultants on this matter. Vice Mayor Corum suggested directing staff to obtain the actual cost of culvert pipe installation and to amend the current resolution accordingly. Mrs. Cartwright suggested reviewing these matters on a case by case basis and bringing the Costa case back. Mr. Halloran suggested letting the resolution stand with a clarification of "front" yard. 95.028 Tree Advisor~ Board (City Manaqer Transmittal dated 3/21/95) The City Manager requested, in accordance with ordinance No. 0-95-01, five names for the Tree Advisory Board, to be brought back in the form of a resolution for Council approval. City Council Workshop . April 5, 1995 ~ Page Four Vice Mayor Corum suggested a non-voting technical member. The City Manager recommended local forestry representative, Tim Elder. Mayor Firtion recommended that the senior members of Council choose the three two year committee members and the newest members of Council select the two one year committee members. Council concurred. 95.069 C. Review Resolution No. R-95-22 Re: Administrative P r--~-~--c e ~n s ~e c-~i o~r Transmittal dated 3/27/95, Proposed R-95-22) Mayor Firtion had previously distributed a recommended rating sheet, said the County was willing to let the city utilize a County staff member, and requested that Council nominate at least five members for the advisory board. TAPE II - SIDE I (8:07 p.m.) Mayor Firtion suggested that the committee shortlist consultants and recommend to City Council two separate sets of at least three consultants, one for stormwater and one for other smaller services. The City Manager and City Attorney advised that the manner in which the RFP was written would allow for splitting the award among two consulting firms. Council concurred. Discussion took place on replacing the ratings sheet 24 of the agenda packet and replace it with on page that proposed by Mayor Firtion. The City Attorney said he would review it as to legal sufficiency. It was the consensus of City Council that it would provide names for the committee to the City Manager by Friday. 95.044 D. 4th of July Committee CCity Manaqer Transmittal dated 3/27/95) The City Manager said John Malek has agreed to chair the 4th of July Committee this year, however, would like an assistant who could take over next year. He suggested the Police Chief, Director of Public Works, Finance Director and two citizens be appointed. Mayor Firtion said there was no funding from indian River County for the event this year. City Council Workshop April 5, 1995 Page Five Vice Mayor Corum nominated that Wayne Kroegel be appointed to the committee. Mrs. Damp volunteered to be on the committee. Virginia King, Chamber of Commerce volunteered to be on the committee. 95.070 Review Proposed Resolution No. R-95-23 Re: City Council Meetings and Workshops - Schedule and Action Taken (City Manaqer Transmittal dated R-95-23) The City Manager reiterated his recommendation to amend the city Council meeting schedule as proposed in the resolution. TAPE II - SIDE I (8:40 p.m.) Following some discussion, City Council concurred to reestablish the Board of Adjustment. It was the consensus of City Council to conduct workshops, when needed, from 6:30 p.m. to 7:30 p.m. and regular meetings from 7:30 on, on 2nd and 4th Wednesdays. City Council also concurred to have the City Attorney combine several resolutions relative to Council meeting procedures. 7. CITY COUNCIL MATTERS A. M_D_vor Arthur Firtion Mayor Firtion requested City Council concurrence for him to meet with Indian River County and Park Place to try to solve the surcharge matter. City Council concurred as long as there was no cost to the city. Mayor Firtion requested the City Manager to produce a white paper regarding the proposed sale of the utility operations, profit and loss statements, and the reasons why the transfer is beneficial to the city. 5 City Council Workshop April 5, 1995 Page Six ' Mayor Firtion suggested the city's noise ordinance (LDC 20A-7.4) needs amendment and requested the City Manager to direct the Director of Community Development to research it. B. Vice-Mayor Car~ Corum Vice Mayor Corum inquired whether nuisance overrides decibel levels; stated the PA system at the Community Center is not working correctly and said it had been previously suggested that two speakers be added; said the state urban forestry program has not been funded as yet, and requested concurrence for staff to send a letter to urge state funding; suggested criteria be established for specimen tree removal requests; corrected a letter she had written to the editor. C. Mrs. Louise cartwright Mrs. Cartwright suggested that the city's traffic circulation plan be brought back for review at a future workshop. D. Mrs. Norma Damp Mrs. Damp inquired Whether there is any money available to repair the airport and obtain lights; to which the City Manager responded state funding has been approved. E. Mr. Raymond Halloran Mr. Halloran inquired whether anyone had any thoughts on formation of a blue ribbon committee to review the Code Enforcement Board relative to the Sturm matter. Mrs. Damp said Mr. Sturm has reported that he will not drop the matter regardless of anything the city chooses to do. Mr. Halloran proposed dropping any further consideration and City Council concurred. CIT__Y ~TTORNEY MATTER~ 8. None. 'city Council Workshop April 5, 1995 Page Seven 9. CITY F~%NAGER M3~TTERS In accordance with a request by the city Manager, it was the consensus of City Council to schedule meetings on April 18 and 19 at 6:30 p.m. to discuss the Community Action Plan. (These dates were changed subsequent to the meeting) 10. Being no further business, Mayor Firtion adjourned the workshop at 9:15 p.m. Approved at the , 1995, City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 7 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 12, 1995 - 7:35 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit of ten, minutes per speaker (R-93-19) Mayor Firtion called the Regular Meeting to order at 7:35 p.m. The Pledge of Allegiance had been recited and invocation given by Reverend Harold Lee during the Board of Adjustment meeting. 4. ROLL CALL city Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel L. Koford city Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Jr. Regular city Council April 12, 1995 Page Two 95.071 95.072 5. AGENDA MODIFICATIONS /ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). The City Manager requested item 13 B Grant of Easement be tabled until April 26, 1995. MOTION by Corum/Damp I make a motion for Council to remove item 95.075/92.040 until April 26, 1995. ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright - aye - aye - aye - aye - aye MOTION CARRIED 5-0 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS Proclamation - Fair Housinq Month - Realtors Association of Indian River County_= Inc. - Dan Preuss Director Accepting Mayor Firtion read and presented the proclamation to Dan Preuss. B. Girl Scout Leader's Day ~ 4/22/95 Mayor Firtion read and presented the proclamation. 7. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action 2 Regular city Council April 12, 1995 Page Three Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. 95.032 At ORDINANCE NO. 0-95-05 - Permitting Antique Shops and Second Hand Stores in CG Zoning Districts (Director of Community Transmittal 4/6/95, O-95-10) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO PERMIT ANTIQUE SHOPS AND SECOND HAND SHOPS IN CG ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/22/95, Advertised 3/29/95, Public Hearing 4/12/95) The City Attorney read Ordinance No. 0-95-05 by title only and Mayor Firtion opened the public hearing at 7:43 p.m. The Director of Community Development gave a brief explanation of the proposed amendment. Mayor Firtion closed the public hearing at 7:44 p.m. Mrs. Cartwright suggested adding antique shops, consignment shops and secondhand stores to Section 20A-2.5 C 6 "General Retail Sales and Services" MOTION by Cartwright/Halloran I move that we approve the ordinance with the change to add antique shops, consignment shops and second hand shops to Section 20A-2.5 C item number 6. ROLL CALL: Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Regular City Council April 12, 1995 Page Four 95.030 B. ORDINANCE NO. 0-95-06 - Formboard and Final Surveys (Director of Community Transmittal 4/6/95, O-95-11) AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES TO REQUIRE FORMBOARD SURVEYS AND FINAL SURVEYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/22/95, Advertised 3/29/95, Public Hearing 4/12/95) The City Attorney read Ordinance No. 0-95-06 by title only and Mayor Firtion opened the public hearing at 7:15 p.m. The Director of Community Development briefly explained the proposed ordinance. Mrs. Cartwright requested amendment to Section 1 of the ordinance (Section 26.32(6) added "proposed" before slab); and expressed concern for lack of definition for "good cause" and the clause which allows waiver by the Building official. Discussion followed on whether to delete the waiver clause in its entirety or change it to require formboard surveys for all new home construction. TAPE I - SIDE II (8:07 p.m.) The City Attorney recommended new language as follows: delete the "In addition..." clause and start the sentence with "The Building official shall require a formboard survey for all new residential and commercial units to be submitted..." Mayor Firtion closed the public hearing at 8:05 p.m. MOTION by Cartwright/Corum I move that we adopt Ordinance No. 0-95-06 with proposed changes. ROLL CALL: Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Regular City Council April 12, 1995 Page Five 95.069 95.044 95.015 Mayor Firtion requested that the consent agenda be addressed prior to Introduction of New Business from the Public. City Council concurred. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 3/20/95 Special Meeting, 3/22/95 Regular Meeting RESOLUTION NO. R-95-22 - Administrative Procedures for Consultant Selection (R-95-22 W/Amended Form) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING ADMINISTRATIVE PROCEDURES FOR THE SELECTION OF PROFESSIONAL ARCHITECTURAL, ENGINEERING, LANDSCAPE ARCHITECTURE OR LAND SURVEYING SERVICES; ESTABLISHING CRITERIA FOR THE EVALUATION AND SELECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF THE RESOLUTION. RESOLUTION NO. R-95-25 - Fourth of July Committee (R-95-25) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A 4TH OF JULY CELEBRATION COMMITTEE; PROVIDING FOR LOCATION OF THE FESTIVAL EVENTS; PROVIDING FOR CITY FUNDS AND ACCOUNTABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Formal Approval of Payment to Indian River County Supervisor of Elections - 3/14/95 Election (City Clerk Transmittal dated 3/27/95, SOE Letter 3/20/95, Costs) Regular City Council April 12, 1995 Page six 95.060 E. 95.073/ F. 94.087 95.074 G. Bid Award - Street improvement Program - Asphalt - Ranger Construction, Inc. - Not to Exceed $92,000.00 (Engineering/PW Transmittal dated 3/29/95, Bid Tabulation, Bid Documents, Street List) Bid Award - Yacht Club Pier Renovations - Treasure Coast Marine - $72,609.00 (Engineering/PW Transmittal dated 3/31/95, Bid Tabulation, Bid Documents, Bids) Brenda Rohland - Community Center - Wedding Reception - 5/6/95 - 5 p.m. to 9 p.m. - A/B - Security Paid - Permittee DOB 1/26/64 (City Clerk Transmittal dated 3/21/95, Application) The City Manager read the consent agenda and the City Attorney read titles for Resolution Nos. R-95-22 and R-95-25 and requested R-95-22 be removed for discussion. Vice Mayor Corum removed item B. MOTION by Damp/Corum I move we approve A, C, D, E, F, and G on the consent agenda. ROLL CALL: Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Item B - R-95-22 The City Attorney explained the amendments to the resolution and exhibit 1 ratings sheet distributed at this meeting and recommended that agenda packet pages 41 and 42 be deleted due to the form being a bid checklist rather than RFP checklist. MOTION by Corum/Cartwright I make a motion to accept Resolution No. R-95-22 with the changes that the City Attorney has outlined here tonight. 6 Regular city Council April 12, 1995 Page Seven 95.008 10. 11. 12. 13. ROLL CALL: Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Mayor Firtion called recess at 8:17 p.m. and reconvened the meeting at 8:23 p.m. Ail members were present. Mayor Firtion then continued to address items on the agenda for Council action. PRESENTATIONS None. COMMITTEE REPORTS/RECOMMENDATIONS None. OLD BUSINESS None. NEW BUSINESS ORDINANCE NO. O-95-10 - Minor Subdivisions (Director of Community Development Transmittal dated 4/4/95, O-95-10 1st Reading, Set Public Hearing for 5/10/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO MAJOR AND MINOR SUBDIVISIONS; AMENDING THE SUBDIVISION ORDINANCE TO ESTABLISH THE REQUIREMENT FOR MINOR SUBDIVISIONS; PROVIDING THAT ANY TRACT OF LAND SUBDIVIDED AS A MINOR SUBDIVISION CANNOT BE FURTHER SUBDIVIDED UNLESS IT MEETS THE REQUIREMENTS OF A MAJOR SUBDIVISION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The city Attorney read Ordinance No. O-95-10 by title only. Regular City Council April 12, 1995 Page Eight MOTION by Corum/Cartwright I make a motion to accept the first reading and set the public hearing for Ordinance No. O-95-10 for May 10, 1995. ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright - aye - aye - aye - aye - aye MOTION CARRIED 5-0 95.075/ 92.040 Grant .of Easement - Barber Street 3Formerly Stratton Avenue) ---Nelson Hyatt to Citv o__f Sebastian ~ Manaqer Transmittal dated 4/6/95, Grant of Easement) This item was tabled to April 26, 1995. Council Matters Item E. Mayor Arthur Firtlon 95.067 Appoint or Reappoint County and Reqional Board Liaisons (City Clerk Transmittal dated 3/29/95, Current Liaison List~ The following appointments were made: Affordable Housinq Committee - Bruce Cooper Council of Public Officials - Mrs. Cartwright - member and Mrs. Damp - alternate Economic Development Council - Vice Mayor Corum - member and Mrs. Damp - alternate Emerqency Services District - Mayor Firtion - member and Mrs. Damp - alternate Land Acquisition Committee - Vice Mayor Corum - member - no alternate Metropolitan Planninq Orqanization - Mr. Halloran - member and Vice Mayor Corum - alternate Sebastian River Area Chamber of Commerce - Mayor Firtion - member and Mrs. Damp - alternate Regular City Council April 12, 1995 Page Nine Treasure Coast Council of Local Governments - Mayor Firtion - member and Vice Mayor Corum - alternate Treasure Coast Reqional Planninq Council - Mr. Halloran - member and Mrs. Cartwright - alternate Mayor Firtion reported that he had a meeting with Nelson Hyatt and Indian River County and that a tentative agreement has been reached to discontinue the $10 surcharge. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) David Costa, 499 Concha Drive, Sebastian, requested clarification on his drainage issue and read from draft April 5, 1995 workshop minutes. He inquired whether he had twelve foot pipe coming to him at the city's cost. Mayor Firtion explained public input policy which allows speakers ten minutes and that Council does not respond to speakers. Mr. Costa had previously submitted a diagram which he referred to and then requested to be placed on the next City Council agenda. The city Manager concurred. Mayor Firtion excused himself from the meeting at 8:40 p.m. Harry Thomas, 654 Balboa Street, Sebastian, expressed concern relative to the lack of public input on the proposed sale of the GDU facility. TAPE II - SIDE I (8:45 p.m.) Mr. Thomas' input continued. He requested that a full public hearing disclosing all costs be conducted. Sal Neglia, 461 Georgia Boulevard, Sebastian, expressed concern for a potential traffic hazard at the intersection of CR 512 and U.S. 1; inquired when the Christmas lights will be removed from Riverview Regular City Council April 12, 1995 Page Ten Park; inquired when the IRC Fair sign will be removed from CR 512; inquired why there is a reduced speed sign heading west on CR 512 when the speed increases; inquired whether the taxpayers will see money returned if the county buys the utility; inquired about the reduction in meeting hours. Dan Preuss introduced Suzy Parker who sang a song she wrote called "The Sebastian Waltz". Richard Taracka, 1320 Coverbrook Lane, Sebastian, thanked Vice Mayor Corum for her letter to the editor regarding sandmining; thanked Mrs. Cartwright for her concern about public input on the utility sale; expressed concern for micro-management of the city by a Councilmember and lack of information to members of the Citizens Advisory Task Force. Thomas Wojciekowski, 425 Peterson Street, Sebastian, congratulated three elected officials; commended three employees who clean the Community Center; read a letter he had written to the Supervisor of Elections about problems encountered at precinct 12 on March 14, 1995; and read from the advertisement for a golf course pro/manager for the City of Sebastian and suggested staff be left as is. David Zullo, 451 Arbor Street, Sebastian, inquired about his placement and use of a movable basketball hoop in right-of-way. The City Attorney said staff requested that the staff address the issue at a later time. Herbert Sturm, 549 Saunders Street, Sebastian, discussed Resolution No. R-93-19 relative to public input procedures and bringing concerns to staff, and went on to discuss his Code Enforcement Board concerns. TAPE Ii - SIDE II (9:15 p.m.) Mr. Sturm's input continued. He discussed the establishment of a blue ribbon committee. A1 Vilardi, 445 Georgia Boulevard, Sebastian, expressed concern relative to activities of the Mayor, noting the city's is a City Manager form of government. 10 Regular city Council April 12, 1995 Page Eleven 14. 15. CITY COUNCIL MATTERS A. Vice-Mavor Carolyn Corum The City Attorney briefly explained quasi-judicial matters in response to Vice Mayor Corum; Vice Mayor Corum reported on a letter received from Golf Course members; inquired about the tree grant, to which the City Manager responded; reported on the police station air quality issue and a March 28, 1995 letter received from the consultant; and discussed recycling bins. B. Mrs. Louise Cartwriqht Mrs. Cartwright inquired whether FS 180 requires the City to conduct a public hearing for the utility sale; and expressed concern for the location of shrubs to the south of the walkway on the north side of CR 512 and the potential danger to citizens and suggested the County be requested to install lights. C. Mrs. Norma Damp Mrs. Damp requested the city Manager address issues related to Englar Drive and speed limits. The City Manager responded that statutes address speed limits, and that Englar has been included in the street improvement program, the bikepath will be extended along Englar, street lights will be added and all should be completed prior to start of the school year in the fall. Mrs. Damp inquired whether the Yacht Club pier will actually be completed this year. D. Mr. Raymond Halloran None. CITY ATTORNEY MATTERS None. 11 Regular City Council April 12, 1995 Page Twelve 16. 17. CITY MANAGER MATTERS The City Manager requested input on the Florida League of Cities request for advertisement and said he would copy it to City Council members; and inquired what Council members are interested in the Florida League of Cities conference in Kissimmee. The City Manager announced City Council's nominations for the Tree Advisory Board and Consultant Selection Committee. Being no further business, Vice Mayor Corum adjourned the Regular Meeting at 9:35 p.m. Approved at the , 1995, City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 12 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Proposed Calendar for Fiscal Year 1995-1996 Approval For Submittal By: City Manager (~L/ AGENDA NO. Dept. Origin: City Manager Date Submitted: 04/18/95 For Agenda Of: 04/26/95 Exhibits: -Proposed Fiscal 95-96 Budget Calendar EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The proposed calendar for fiscal year 1995-1996 outlines the date requirements for specific actions adhering to the TRIM provisions of FS 200.065. There is one item that may require adjustment. We cannot conduct a formal budget hearing at the same time as the School Board or County Commission. Therefore, if we learn that the dates for our heatings (ie. September 6 and September 16) are in conflict, we usually adjust one day. However, since this also requires the public hearing notice requirements of the TRIM Provisions, we are really at the mercy of the School Board and County Commission. In the event there is a last minute change from the School Board or County Commission, we adjust accordingly and other scheduled meetings take second place. RECOMMENDATION Approve the proposed budget calendar for FY 1995-1996. APRIL 26 MAY 26 JUNE 12- 16 JULY 1 JULY 17 JULY 28 AUGUST 2 AUGUST 3 AUGUST 18 SEPTEMBER 6 SEPTEMBER 16 SEPTEMBER 20 SEPTEMBER 22 OCTOBER1 FISCAL 1995 - 1996 BUDGET CALENDAR Wednesday Friday Regular City Council Meeting Adopt Budget Calendar Department Heads Present Budget Requests to City Manager and Finance Director Monday - Friday Saturday Monday Friday Wednesday Thursday Friday Wednesday Saturday Wednesday Friday Sunday Department Budget Heatings with City Manager County Property Appraiser Certifies Taxable Value Within Jurisdiction of The City City Manager Forwards Draft of 1995-1996 Budget to Mayor and City Council City Manager Advises Property Appraiser of: a) Proposed Millage Rate b) Current Year Rolled Back Rate and c) Day, Time and Place of First Public Hearing City Council Workshop of Proposed Budget City Council Workshop of Proposed Budget (If Required) City Manager Forwards Tentative Budget to City Council First Public Heating - Budget. Council Adopts the Tentative Budget and Millage Rate Advertise Budget Summary, Millage Rate and Notice of Final Public Hearing In Newspaper Final Public Hearing - Budget. Adopt Millage Rate Resolution and Budget Resolution Finance Director Forwards Copies of Resolutions Adopting Budget and Millage Rate to Properly Appraiser, Tax Collector and Dept. of Revenue New .Budget Goes Into Effect i .I I I I I i i I i i i I I I I I I I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ri FAX (407) 589-5570 AGENDA FORM SUBJECT: Fourth of July Celebration Request Closing of Certain Streets, Use of Yacht Club and Community Center and Disbursement of $5,000.00Budgeted for this Event City Manager: AGENDA NO. ~". 0c/c/ Dept. Origin : City Clerk's Office~ Date Submitted: April 19, 1995 Meeting Date: Avri!26, 1995 Exhibits: Malek letters (3) dated 4/10/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: $5,000.00 APPROPRIATION REQUIRED: $5,000.00 SUMMARY STATEMENT John Malek, Chairman of the Fourth of July Committee, has submitted a request for closing certain streets as outlined on Exhibit (1). Chief Earle Petty has no objection and will coordinate the road closings as a member of the Committee. Mr. Malek has also requested (Exhibit 2), the use of the Yacht Club for committee meetings in May and June. The dates and times pose no conflict with activities already scheduled. He also is requesting the use of the Community Center for a receiving area for parade participants (Exhibit 1). Historically, the use of this facility has been granted for this purpose. He is also requesting, on behalf of the Committee, the disbursement of $5,000.00 that was budgeted for this event (Exhibit 3). Fourth of July Agenda Transmittal April 19, 1995 Page Two RECOMMENDED ACTION Move to approve the requests of John Malek, Fourth of July Committee Chairman, for closing of certain streets, use of the Yacht Club for certain dates and times and use of the Community Center for July 4th, 1995. Also, Move to appropriate $5,000.00 to the Fourth of July Committee. April 10, 1995 Sebastian City Council 1225 Main Street Sebastian, Fi 32958 Subject: 4th of $uly Road Closure Dear Council Members: Please be advised that the 4th of July committee requests your approval to close the following roads for the 4th of July celebration: (1) Cleveland Street July 4 where intersects with Indian River Dr 7:30 am to 10:00 AM (2 (3 Coolidge St. where intersects with Indian River Dr Fellsmere Road Adjacent to Park Harrison Street 7:30 AM to 10:00 AM 7:00 AM to 11:00 PM 7:00 AM to 11:00 PM (parking passes will be provided to Handicapp and vendors for access to this street) (5) Sebastian Yacht Club 7:00 AM to 10:00 AM We are also hoping to use the Sebastian Community Center from 8:00 AM to 11:30 AM as a receiving area for the parade participan Thank you for your action on this request, and we look forward to hearing from council in the near future. S~,,,,cerely Yours, Q_)Chairm~n 484 U.S. Hwy. #1 · Sebastian, Florida 32958 · (407) 589-9991 April 10, 1995 Sebastian City Council 1225 Main Street Sebastian, FI 32958 Subj: 4th of July Committee Usage of Yacht Club Dear City Council: The 4th of July committee respectfully requests usage Yacht Club on the following dates and times for our ~me. et:ings: ...... I~ May 25th-~-~Times ~~~ ~ ~ ~ t~ff~h~~~s~~ e~~ ~a~e ver o s associated Your time in this matter is appreciated in advance. S ~ncere ly, / ~ohn Malek Qh~irman Cil-¥oFFicECLLRK:S .i] ..... ! e of the~ planning 484 U.S. Hwy. #1 · Sebastian, Florida 32958 · (407) 589-9991 I ' . '9~ /7.':?'" / m ~!,,~,,.>, GITYCLL,x,':E;OFFiCE Apr11 10, 1995 x<¥..,., ..'.', m sebastian city Councll 1225 Main Street I Sebastian, Fla 32958 Subj: 4th of July Funding I Dear City Council: On behalf of the 4th of July committee we are hereby requesting I dispersel of $5,000 for the 4th of July celebration. Please make the check payable to the 4TH OF JULY COMMITTEE I at your earliest convenience. Thank you in advance for your consideration in this matter. I ~ ~incerely Yours, I ~!. Chairman I 484 U.S. Hwy. #1 · Sebastian, Florida 32958 · (407) 589-9991 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 la TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: REQUEST FOR ADVENT BALLOON) AT RIVERVIEW PARK BY 4TH OF JULY ) COMMITTEE Approved For Submittal By: City Manager Agenda Number: ~z~. 0~ I Date Submitted: 04/14/95 'l For Agenda Of: 04/26/95 Exh±b±ts: John Malek letter dated 4/10/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT John Malek, Chairman of the 4th of July Committee, has again requested permission to erect an advent balloon at Riverview Park from July 2 through July 5, 1995. A similar request has been granted for the 4th of July celebration for the last three years. Staff has no objection to this request contingent upon receipt of a certificate of insurance. RECOMMENDED ACTION Move to approve request of John Malek, 4th of July Committee Chairman, fo, placement of an advent balloon at Riverview Park from July 2 through July 5, 1995, contingent upon receipt of certificate of insurance. .i~, ,. . ~~ .BE.--' L. "'45. ~ ~Q>~:' ,k.&~.. 2. / ,. ",. /,- N,' & '<.-?" I '~ .... -> D>'' ~tCUVtD Sebastian City Council 1225 Main Street Sebastian, Fla 32958 Subj: Advent Balloon 4th of July Dear City Council: As in the past 3 years, we have erected an advent balloon on the N.W. corner of the Park wishing all a Happy 4th of JUly. We respectfully request your approval for the installation of this balloon with accompanying certificates of insurance to be installed on July 2 or 3rd depending on availability. The ballon is to be dismantled on July 5th. Thank you in advance for your consideration with this request. ~incer,ely, John Malek Chairman /.~ ¢.~ , , 484 U.S. Hwy. #1 · Sebastian, Florida 32958 · (407~ 589-9991 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: RESOLUTION NO. R-95-24 ADOPTION OF NATIVE TREE LIST Approved For Submittal By: City Manager Dept. Origin: Community Development Date Submitted: 04/10/95_ For Agenda Of: Exhibits: R-95-24 04/26/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On February 22, 1995, City Council adopted Ordinance 0-95-01 pertaining to tree protection in the City of Sebastian. Section 20A-14.12(6) requires at least 50% of all new required trees to be of native species. Therefore, it will be necessary to adopt, by resolution, a list of native trees for the City of Sebastian. Staff has obtained several versions of a native tree list from various sources. The most extensive list, which was used in Resolution R-95-24, was provided to us by Janice Broda of the Florida Native Plant Society and was compiled by Daniel B. Ward. This is the same native tree list used by Indian River County. RECOMMENDED ACTION Move to approve Resolution No. R-95-24. RESOLUTION NO. R-95-24 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article XIV of the Land Development Code of the City of Sebastian pertaining to tree protection was amended by City Council on February 22, 1995; and WHEREAS, Section 20A-14.12(6) of the tree protection ordinance requires at least 50% of all new trees to be of native species; and WHEREAS, the City of sebastian wishes to establish a list of trees native to the Sebastian area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. The following trees shall be considered native to the Sebastian area: Scientific Name Acacia choriophylla Acacia macracantha Acer floridanum Acer leucoderme Acer negundo Acer rubrum Acer saccharinum Acoelorrhaphe wrightii Common Name Cinnecord Long-spine Acacia Florida Maple Chalk Maple Box Elder Red Maple Silver Maple Paurotis Palm Aesculus pavia Alnus serrulata Alvaradoa amorphoides Amelanchier arborea Amorpha fruticosa Amphitecna latifolia Amyris.balsamifera Amyris elemifera Annona glabra Aralia spinosa Ardisia escallonioides Asimina obovata Asimina triloba Ateramnus lucidus Avicennia germinans Baccharis halimifolia Betula nigra Bourreria ovata Bourreria radula Bumelia anomala Bumelia celastrina Bumelia lanuginosa Bumelia lycioides Bumelia tenax Bursera simaruba Byrsonima lucida Red Buckeye Hazel Alder Mexican Alvaradoa Serviceberry Indigo-bush Black Calabash Balsam Torchwood Torchwood Pond Apple Devil's-walkingstick Marlberry Flag Pawpaw Pawpaw Crabwood Black Mangrove Common Saltbush River Birch Bahama Strongback Rough Strongback Alachua Buckthorn Saffron Plum Woolly Buckthorn Buckthorn Tough Buckthorn Gumbo-limbo Locust-berry Calyptranthes pallens Calyptranthes zuzygium Canella winterana Capparis cynophallophora Capparis flexuosa Carica papaya Carpinus caroliniana Carya aquatica Carya cordiformis Carya floridana Carya glabra Carya pallida Carya tomentosa Casasia clusiifolia Castanea alnifolia Castanea ashei Catalpa bignonioides Celtis laevigata Celtis tenuifolia Cephalanthus occidentalis Cercis canadensis Cereus robinii Chamaecyparis thyoides Chionanthus virginicus Chrysobalanus icaco Chrysophyllum oliviforme 3 Spicewood Myrtle-of-the-river Wild Cinnamon Jamaica Caper Limber Caper Papaya Blue Beech Water Hickory Bitternut Hickory Scrub Hickory Pignut Hickory Sand Hickory Mockernut Hickory Seven-year Apple Southern Chinquapin Ashe Chinquapin Catalpa Sugarberry Georgia Hackberry Buttonbush Redbud Key Tree Cactus Atlantic White Cedar Fringe-tree Coco Plum Satinleaf Citharexylum fruticosum Cliftonia monophylla Clusia rosea Coccoloba diversifolia Coccoloba uvifera Coccothrinax argentata Colubrina arborescens Colubrina cubensis Colubrina elliptica Conocarpus erectus Comus alternifolia Cornus asperifolia Comus florida Crataegus aestivalis Crataegus crus-galli Crataegus marshallii Crataegus michauxii Crataegus phaenopyrum Crataegus pulcherrima Crataegus rufula Crataegus spathulata Crataegus virdis Crossopetalum rhacoma Cupania glabra Cyrilla racemiflora Diospyros virginiana 4 Fiddlewood Buckwheat-tree Balsam Apple Pigeon Plum Sea Grape Silver Palm Coffee Colubrina Cuban Nakedwood Nakedwood Buttonwood Pagoda Dogwood Rough-leaf Cornell Flowering Dogwood May Haw Cockspur Haw Parsley Haw Summer Haw Washington Haw Smooth Haw Rusty Haw Red Haw Green Haw Rhacoma Florida Cupania Titi Persimmon Dipholis salicifolia Drypetes diversifolia Drypetes lateriflora Duranta repens Erythrina herbacea Eugenia axillaris Eugenia confusa Eugenia foetida Eugenia rhombea Euonymus atropurpureus Exostema caribaeum Exothea paniculata Fagus grandifolia Ficus aurea Ficus citrifolia Forestiera acuminata Forestiera segregata Fraxinus americana Fraxinus caroliniana Fraxinus pennsylvanica Fraxinus profunda Gleditsia aquatica Gleditsia triacanthos Gordonia lasianthus Gossypium hirsutum Guaiacum sanctum Bustic Milk-bark Guiana Plum Golden-dewdrop Cherokee Bean White Stopper Redberry Stopper Spanish Stopper Red Stopper Wahoo Princewood Butterbough Beech Strangler Fig Wild Banyan Swamp Privet Florida Privet White Ash Pop Ash Green Ash Pumpkin Ash Water Locust Honey Locust Loblolly Bay Wild Cotton Hollywood Lignum-vitae Guettarda elliptica Guettarda scabra Gyminda latifolia Halesia carolina Halesia diptera Hamelia patens Hibiscus tiliaceus Hippomane mancinella Hypelate trifoliata Hypericum chapmanii Ilex ambigua Ilex cassine Ilex decidua Ilex krugiana Ilex longipes Ilex myrtifolia Ilex opaca Ilex verticillata Ilex vomitoria Illicium floridanum Jacquinia keyensis Juglans nigra Juniperus silicicola Juniperus virginiana Kalmia latifolia Krugiodendron ferreum Velvet-seed Rough Velvet-seed False Boxwood Carolina Silver-bell Two-wing Silver-bell Fire-bush Mahoe Manchineel Inkwood Sponge-bark Hypericum Sand Holly Dahoon Holly Possum Haw Krug's Holly Georgia Holly Myrtle Holly American Holly Winterberry Yaupon Florida Anise-tree Joe-wood Black Walnut Southern Red Cedar Eastern Red Cedar Mountain Laurel Black Ironwood Laguncularia racemosa Leitneria floridana Licaria triandra Liquidambar styraciflua Liriodendron tulipifera Lyonia ferruginea Lysiloma latisiliqua Magnolia acuminata Magnolia ashei Magnolia grandiflora Magnolia pyramidata Magnolia tripetala Magnolia virginiana Malus angustifolia Manikara bahamensis Mastichodendron foetidissimum Maytenus phyllanthoides Metopium toxiferum Morus rubra Myrcianthes fragrans Myrcianthes simpsonii Myrica cerifera Myrica inodora Myrsine guianensis Nectandra coriacea Nyssa biflora White Mangrove Corkwood Florida Licaria Sweet Gum Tulip-tree Rusty Lyonia Wild Tamarind Yellow Cucumber-tree Ashe Magnolia Southern Magnolia Pyramid Magnolia Umbrella Magnolia Sweetbay Wild crab Apple wild Dilly False Mastic Florida Mayten Poisonwood Red Mulberry Twinberry Simpson's Twinberry Wax Myrtle Oderless Bayberry Myrsine Lancewood Swamp Tupelo 7 Nyssa ogeche Nyssa sylvatica Nyssa uniflora Osmanthus americanus Osmanthus megacarpus Ostrya virginiana Oxydendrum arboreum Persea borbonia Persea humilis Persea palustris Picramnia pentandra Pinckneya bracteata Pinus clausa Pinus echinata Pinus elliottii Pinus glabra Pinus palustris Pinus serotina Pinus taeda Piscidia piscipula Pisonia discolor Pisonia rotundata Pithecellobium keyense Pithecellobium unguis-cati Planera aquatica Platanus occidentalis 8 Ogeechee Lime Black Tupelo Water Tupelo Wild Olive Scrub Wild Olive Ironwood Sourwood Red Bay Silk Bay Swamp Bay Bitterbush Fever-tree Sand Pine Shortleaf Pine Slash Pine Spruce Pine Longleaf Pine Pond Pine Loblolly Pine Fish-fuddle Blolly Pisonia Black-bead Cat's-claw Water Elm Sycamore Populus deltoides Populus heterophylla Prunus americana Prunus angustifolia Prunus caroliniana Prunus myrtifolia Prunus serotina Prunus umbellata Pseudophoenix sargentii Ptelea trifoliata Quercus alba Quercus arkansana Quercus austrina Quercus chapmanii Quercus falcata Quercus geminata Quercus hemisphaerica Quercus incana Quercus inopina Ashe Quercus laevis Quercus laurifolia Quercus lyrata Quercus margaretta Quercus marilandica Quercus michauxii Quercus muehlenbergii Eastern Cottonwood Swamp Cottonwood Wild Plum Chickasaw Plum Cherry Laurel West Indian Cherry Laurel Black Cherry Hog Plum Buccaneer Palm Wafer Ash White Oak Arkansas Oak Bluff Oak Chapman Oak Southern Red Oak Sand Live Oak Laurel Oak Bluejack Oak Archbold Oak Turkey Oak Swamp Laurel Oak Overcup Oak Sand Post Oak Blackjack Oak Swamp Chestnut Oak Chinquapin Oak 9 Quercus myrtifolia Quercus nigra Quercus pagoda Quercus phellos Quercus shumardii Quercus stellata Quercus velutina Quercus virginiana Reynosia septentrionalis Rhamnus caroliniana Rhizophora mangle Rhus copallinum Rhus glabra Rhus vernix Roystonea elata Sabal palmetto Salix caroliniana Salix floridana Salix nigra Sambucus canadensis Sapindus marginatus Sapindus saponaria Sassafras albidum Savia bahamensis Schaefferia frutescens Schoepfia chrysophylloides 10 Myrtle Oak Water Oak Cherrybark Oak Willow Oak Shumard Oak Post Oak Black Oak Live Oak Darling Plum Carolina Buckthorn Red Mangrove Winged Sumac Smooth Sumac Poison Sumac Florida Royal Palm Cabbage Palm Carolina Willow Florida Willow Black Willow Elderberry Florida Soapberry Tropical Soapberry Sassafras Maidenbush Florida Boxwood Whitewood Serenoa repens Simarouba glauca Solanum donianum Solanum erianthum Staphylea trifolia Stewartia malacodendron Suriana maritima Swietenia mahagoni Symplocos tinctoria Taxodium ascendens Taxodium distichum Taxus floridana Tetrazygia bicolor Thrinax morrisii Thrinax radiata Tilia caroliniana Tilia heterophylla Torreya taxifolia Trema lamarckiana Trema micrantha Ulmus alata Ulmus americana Ulmus crassifolia Ulmus rubra Vaccinium arboreum Viburnum nudum 11 Saw Palmetto Paradise-tree Blodgett's Potato-tree Potato-tree Bladdernut Silky Camellia Bay Cedar Mahogany Sweetleaf Pond Cypress Bald Cypress Florida Yew Florida Tetrazygia Brittle Thatch Palm Florida Thatch Palm Carolina Basswood White Basswood Gopherwood West Indian Trema Florida Trema Winged Elm Florida Elm Cedar Elm Slippery Elm Sparkleberry Possum Blackhaw Viburnum obovatum Viburnum rufidulum Ximenia americana Yucca aloifolia Zanthoxylum clava-herculis Zanthoxylum coriaceum Zanthoxylum fagara Zanthoxylum flavum Blackhaw Rusty Blackhaw Tallow-wood Spanish-dagger Hercules-club Biscayne Prickly Ash Wild Lime Yellowheart SECTION 2. REPEAL: Ail Resolutions or parts of Resolutions in conflict herewith are repealed. SECTION 3. SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. SECTION 5. in conflict herewith are, to the extent of such conflict, superseded and repealed. 12 CONFLICTS: Ail Resolutions or parts thereof The foregoing Resolution was moved for adoption by Councilmember · The motion was seconded by Councilmember being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Louise R. Cartwright Councilmember Raymond W. Halloran and, upon This Resolution was duly passed and adopted by the City Council of the City of Sebastian, Indian River County, Florida, at its regular meeting on the day of · 1995. CITY OF SEBASTIAN, FLORIDA by: Arthur L. Firtion, Mayor ATTEST: Kathryn M0 O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 13 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: R-95-26 Culvert Pipe Policy Approval For Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. Dept. Origin: City Manager Date Submitted: 04/20/95 For Agenda Of: 04/26/95 Exhibits: -Resolution R-95-26 EXPENDITURE AMOUNT APPROPRiATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY The attached Resolution R-95-26, represents a proposed change to the current culvert pipe policy by eliminating the $15.00 Ii_near foot representation and substituting written language that clearly states "actual costs". When the "Agreement" is executed, the actual cost per linear foot is identified. This proposed change still provides the capability for citizen participation but at a more realistic cost figure. RECOMMENDATION Recommend approval of Resolution R-95-26. RESOLUTION NO. R-95-26 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A CULVERT PIPE POLICY; ESTABLISHING COSTS; ESTABLISHING AN APPLICATION FOR CULVERT PIPE; ESTABLISHING AN APPLICATION FEE; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO ENTER INTO CULVERT PIPE AGREEMENTS ON BEHALF OF THE CITY; REPEALING RESOLUTION NO. R-93-35; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian deems it to be in the best interest of the City to participate in the installation of culvert pipes for private residences; and WHEREAS, .it is in the best interest of the City to participate in the installation of culvert pipes, thereby eliminating side or rear yard ditches or deep swales, resulting in future maintenance cost reduction to the city; and WHEREAS, the City desires to provide cost saving incentives to property owners to encourage the installation of culvert pipes; and WHEREAS, promoting the installation of culvert pipes will reduce future drainage problems in new construction by promoting the free flow of surface water runoff; and WHEREAS, the City Manager and City Engineer have recommended to the city Council to enact this resolution and to allow the city's participation in the installation of culvert pipes to be conducted on a case by case basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS= SECTION 1. CULVERT PIPE POLICY. It shall be the policy of the City of Sebastian to participate, where practical, in the installation of culvert pipes. Further, it shall be the policy of the City of Sebastian to establish a standard price, based upon the average cost to the City for installation of ~--i~4~L-~me~e~ culvert pipe, to be offered for installation of culvert pipes. It is the intention of this policy to offer a price to property owners, within the City of Sebastian, for the installation of culvert pipes which will be less than can be obtained by citizens through private contractors. SECTION Z. COST. The cost for the City's installation of a culvert pipe, within the City of Sebastian, shall be ~e--~msea~e~ determined after receipt of the application. The cost shall be expressed per linear foot and shall include as ~ minimum, the cost to the city for labor, materials and ~uiDment. --T~-~&~e-~ay-~~-~r~m-~me-~-~-i~me~-~-~he SECTION 3. APPLICATION FOR CULVERT PIPE. Each applicant, desiring the City to install a culvert pipe, shall apply to the City for a culvert pipe permit. The application shall be made in a form approved and adopted by the City. An application for a culvert pipe will be considered by the City staff only after the application is completed in its entirety, all supporting documentation has been submitted to the city, a culvert pipe agreement signed by applicant(s), and the filing fee for said application has been paid to the City. The City of Sebastian hereby adopts a standard application form to be used by applicants who desire to apply for a culvert pipe pursuant to this policy. A copy of said application is attached hereto as Exhibit "A" and by this reference incorporated herein. SECTION 4. APPLICATION FEE. The application fee for the City's review of an application for a culvert pipe shall be $50.00. This fee may be amended by action of the City Council. SECTION 5. CULVERT PIPE AGREEMENT. The City Manager and city Clerk are hereby authorized to execute such agreements, after approval as to form and content by the City Attorney, on behalf of the City of Sebastian as are necessary to implement this policy. Prior to acting upon an application for a culvert pipe, the applicant must execute a culvert pipe agreement, and submit said agreement to the City along with the application for culvert pipe. SECTION 6. REPEAL OF RESOLUTION NO. R-93-35. Resolution No. R-93-35 is repealed in its entirety. SECTION 7. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 8. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the city Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 9. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council- member Councilmember a vote, the vote was as follows: Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Halloran The motion was seconded by and, upon being put into The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1995. CITY OF SEBASTIAN By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE city Clerk (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney CITY OF SEBASTIAN APPLICATION FOR CULVERT PIPE INSTALLATION DATE: I/We, the owner(s) or authorized agent, of the below described lots, request a permit to install a culvert pipe between the following lots: L.~al Description of Lots: #1 Lot , Block , Unit subdivision #2 Lot Subdivision , Block , Unit Owner(s) by Deed (Name and Address) #2 The following documents must be submitted with this application: 1. A plot plan showing the location of the pipe. 2. Warranty Deed(s) for lot(s) where the pipe shall be located. 3. Culvert Pipe Agreement (signed by Applicant(s)). 4. Non-refundable application fee of $50.00, made payable to the "City of Sebastian". The application fee is non-refundable once the City of Sebastian proceeds with the review. The application and fee is for normal applications and the City of Sebastian, if just cause is found, may require additional material and additional fees. OWNER OWNER OWNER OWNER EXHIBIT "A" Approved By Resolution No. R-95-26 CITY OF SEBASTIAN CULVERT PIPE AGREEMENT This agreement is entered effective this day of , 19 , by and between the city of Sebastian, Indian River County, Florida, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "city") and (owner of Lot #1) and (owner of Lot ~2) (hereinafter collectively referred to as "Owners") WHEREAS, the Owners own adjacent property as set forth in Exhibit "A" of this Agreement; and WHEREAS, the Owners desire to install a culvert pipe on the public utility easement between their property; and WHEREAS, the Owners wish to obtain the economic and maintenance advantage of retaining the city, or the city's designee, for the purpose of installing said culvert pipe. NOW, THEREFORE, the City and the Owners hereby agree as follows: 1. The Owners agree that the City, or its designee, is hereby granted permission to install linear feet of (diameter of pipe) reinforced concrete pipe, cover same, and contour the surface for surface drainage in the utility easement on the lot line of Lot #1 and the lot line of Lot #2, in accordance with the requirements of the City of Sebastian (said lots being more particularly described and attached as Exhibit "A" of this Agreement). 2. The owners agree to pay to the city, after obtaining a permit, and prior to any work being performed, per linear foot of culvert pipe installed, for a total price of $ . 3. The owners agree that the City has the absolute right to require the removal, replacement, and/or repair of said pipe, the reopening of the ditch, or other corrective measures as are deemed necessary by the city. The Owners further agree that the Owners shall be responsible for removing any vegetation, fencing, or other obstructions, within one week of receiving written notice from the city, should the city require access to the easement for the performance of necessary maintenance or repairs. 4. The owners, jointly and severally, shall indemnify and hold the city, its council members, officers, agents, employees and representatives, harmless from any and all liabilities, costs, damages, actions, attorneys' fees (including attorneys' fees to enforce the provisions of this agreement), and expenses from any and all claims or causes of action for bodily injury, death and property damage arising from or in connection with the work performed by the City hereunder, or by reason of any claim or dispute of any person or entity for damages from any cause directly or indirectly related to any action or failure to act by the city, whether negligent or otherwise, its employees, representatives, subcontractors, suppliers or agents. 5. In consideration of the cost savings provided to the undersigned Owners by the City, the receipt and sufficiency of which are hereby acknowledged, the undersigned, individually, and on behalf of their heirs and assigns, hereby releases the city, its council members, officials, officers, employees and representatives, from any and all claims, actions, causes of action, suits, demands, injuries, damages, contracts, monies, attorneys fees, or claims of any nature or description whatsoever, including, but not limited to, those claims that arise from intentional acts, negligence, contracts, and statutory claims, which now exist, or which might hereafter accrue. 6. This agreement shall be governed by the laws of the State of Florida. Venue in any action arising herefrom shall be Indian River County, Florida. WITNESSETH: OWNER LOT #1 The foregoing instrument was sworn to, subscribed and acknowledged before me this day of , 1993 by , and , before witnesses, and who is personally known to me or who has produced as identification and who has taken an oath. NOTARY PUBLIC Printed Name My Commission Expires: WITNESSETH: . OWNER LOT #2 The foregoing instrument was sworn to, subscribed and acknowledged before me this day of , 1993 by , and , before witnesses, and who is personally known to me or who has produced as identification and who has taken an oath. NOTARY PUBLIC Printed Name My Commission Expires: CITY OF SEBASTIAN, FLORIDA By: Joel L. Koford City Manager ATTEST: Kathryn M. O'Halloran, CMC/AAE city Clerk (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Legal Services on Bond & Financial Issues Re: Utility System Approval For Submittal By: City Manager AGENDA NO. Dept. Origin: City Manager Date Submitted:04~20~95 For Agenda Of: 04/26/95 Exhibits: -Resolution R-95-27 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY This resolution provides the authority for the City Manager to pay for the legal services required in preparation for a Public Hearing in the event the City Council decides to sell the City Utility System to the County. There m'e sufficient funds budgeted within the legal department to defray these costs. RECOMMENDATION Recommend approval of Resolution R-95-27. 04-19-95 04:13PM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY PO8 ' I RESOLUTION NO. 95- ATTO~Y~ AU~ORZ~ZNG THE CITY ~GER, ON BB~ O~ T~ WITH ~0~; eIBLIN & NI~ON~ P.A. FOR ~ PUR~eB P~VZDIN8 ~L ~VIO~ TO ~ OZTY ON BO~ ~ IflS~8 FO~ ~ OZTY O~ BB~TZ~ ~TZLZTY P~V~DIN~ FOR ~PE~ OF ~BOL~XONB OR PARTS RESOL~IONS IN CO~LZCT ~WZ~ ~ PROVIDIN~ FOR 8~~ILiTY~ ~ P~VIDIN~ ~ ~ EFFECTI~ ~TE OF RESOLUTION. W~EREAS, the City of Sebastian needs an Attorney to provide legal counsel on bonding and financial issues on the City of Sebastian Utility System; and WHEREAS, the law firm of Nabors, Giblin & Nickerson, P.A. served as ~he bond attorney for the City of Sebastian forge Five Million Dollar ($8,000,000.00) Utility System Revenue Bonds Series 1993, da~ed December 1, 1993; and it is in the bes~ interest of ~he City ~o retain ~he WHEREAS, services of Nabors, Giblin & Nickerson, P.A., as the Attorneys for the City on bond and financial issues for the City Utility System. NOW, TKRREPORE, BE XTREBOLFffD BY THE CITY COUNCIL O~ TH~ ~ZTY OF SEBASTIAN, INDIAN RIVER COlOR, Y, FLORIDA, &s follows: SECTION 1. A~gr~: The City Council of the City of Sebastian, Indian River County, Florida, hereby agrees to enter into a Legal Services Agreement with Nabore, Giblin & Nickerson, P.A., identified as Exhibi~ "A" to this Reeolu~ion, and by this reference incorporated herein. SECTION Z. FuY~LTJ~H: The City Manager of ~he City of Sebastian is hereby au~orized to execute the Legal Services 04-19-95 04'13PM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY Agreement am agent for the City of Sebastian. The City Manager is authorized to establish amounts such contracts shall not exceed, and to reauthorize additional amounts not to exceed for additional legal services if he finds it is necessary to require additional sex,;ices. ~~. SEFEP~BILITY: If any section or paz~of a section of this Resolution is deolared invalid or unconstitutional, the validity, force and effect of any other section or part of a sec=ion of this Resolution shall not thereby be affected or impaired unless l= clearly appears that such o%her section or part of a section of this Resolution is wholly or necessarily depen4ent upon the section or par= cf a section so held to be invalid or unconstitutional. ~[~guTJ~4. ~J~T~: This Resolution shall prevail over all other Resolutions which are in conflict with this Resolution. If any clause, section or other part or application of this Resolution shall be held by any Court of competent Jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. ~~__~ EFFECTIFED&TE. This Resolution shall =aka effect immediately upon its adoption. The foregoing Resolution Councilmember was moved for adoption by The motion was seconded 04-19-95 04'13PM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY PlO ,! by Councilmember a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Counoilmember Ray Halloran Coun¢ilmember Louise R. Cartwright and, upon being put to The Mayor thereupon declared adopted this _____- day of this Resolution duly passed .... , 1995. CITY OF SEBASTIAN, FLORIDA and ATTEST: ~'athryn M. O'Halloran, CMciAAE ........ (Seal) Approved as to Form and Content: 'krthur L. Fir~ion, Mayor Clifton A. McClelland, Jr. City Attorney 04-19-95 04:13PM FROM POTTER, MOCLELLAND TO SEBASTIAN CII¥ It iS mutually agreed between NABORS, GIBLIN. & NICKERSON, P.A., hereinafter referred to as "Attorneys", and the CITY OF SEBASTIAN, hereinafter referred to as "City", as follows: 1. The Attorneys are hereby appointed and retained in the capacity of attorneys to the City of Sebastian on bond and financial issues for the city Utility system to perform the following professional services: (a) General advice and research relating to the proposed transfer; Analysis and review of proposed purchase and sale documents; (c) Analysis and advice concerning the impact of the proposed transfer upon the existin~ City bonds, bond covenants, and pledged revenues, (d) Advice and assis~ancs in negotiations for the transfer of the utility system to the County; and (e) Assistance in the drafting of associated with any transfer. documentation 2. The Attorneys are authorized to provide all bond and financial counsel for the city utility system as requested. It is mutually agreed between the City and the Attorneys, that Mark G. Lawson shall have the primary responsibility for this assignment and he may appoint such attorneys from =be fiz~n as he deems necessary to render the legal services provided under this Agreement. 3. The City hereby agrees to pay compensation for services the following: the Attorneys as 04-19-95 04:13PM FROM POTTER, MOOLELLAND TO SEBASTIAN CITY P12 (a) The sum of $150.00 per hour for Firm Principals. (b) The s~ of $125.00 per hour for Firm Associates. (c) The sum of $50.00 per hour for Legal Clerks. The firm will limits its fees to $5,000 increments. In the event that fees for servloe~ exceed $5,000 the firm will obtain the consent of the City Manager prior to commencing work on the next $5,000 increment. 4. The City hereby agrees to pay the Attorneys the following reimbursements: (a) actual costs incurred, such as photocopies, long ~ distance telephone charges, and overnight delivery.services. (c) Travel and per diem expenses as provzded under Florida Statutes, Section 11~.061.' Time spent in travel will be billed at one-half t/~e hourly rates stated above. 5. The Attorneys hereby agree to .supply and furnish all office space, supplies, copying machznes, furniture, word processing equipment, filing cabinets, and personnel as may be necessary to perform the legal services provided under this Agreement. 6. The attorneys shall serve at the pleasure of the City _ Manager. This Agreement may be terminated by ezther party on thzrty- (30) days notice. 7. The Attorneys shall bill on a monthly basis end itemize bills in accordance with the Council's policies and procedures. firm is required to furnish a written opinion to 8. If the any bondholders or bond insurers concerning the proposed sale or 04-19-95 04:13PM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY =ransfer of the City's water and utility system, an approgriate fee will be separa=ely nego=la=ed for suoh services. here=o have plaoed day of .... , IN WITNESS WHEREOF, the par=ies respe¢~ive handB and Beal~ t/%i~ Joel L. Koford, ci=y"Manager their 1995. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 I:] FAX (407) 589-5570 SUBJECT: REQUEST FROM GOODWILL INDUSTRIES FOR TEMPORARY TRAILER PERMIT Approved For Submittal By: City Manager ~-/ Agenda Number: Dept. Origin: Community Development Date Submitted: 04/14/95 For Agenda Of: 04/26/95 Exhibits: Frances Chase letter dated 4/11/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRiATiON REQUIRED: SUMMARY STATEMENT Goodwill Industries has requested permission to place a temporary trailer on the Walmart property at 2001 U.S. 1. Details are outlined in the attached letter, and the request is for a period of eleven months. Section 20A-5.16D of the Land Development Code does provide for temporary trailers to be allowed for various purposes in connection with construction. Such requests are handled administratively. However, since this request is not in connection with construction, the request has been presented to City Council for your review. The Walmart site plan has provided more than enough parking to accommodate this additional usage. Staff has no objections to this request provided that a building permit is obtained prior to the installation of the shed. RECOMMENDED ACTION Move to approve the request by Goodwill Industries for the placement of a temporary shed on the Walmart property located at 2001 U.S. 1, for a period not to exceed eleven months, contingent upon contractor obtaining a building permit. "helping people to help themselves***" Gulfstream ® GOODWILL INDUSTRIES, INC. 1715 Tiffany Drive East, West Palm Beach, Florida 33407-3277 DAVIDA. FAIRCLOUGH April 11, 1995 President and CEO EXECUTIVE COMMITTEE: TIMOTHY E. MONAGHAN, Esq. Chairman KEVIN LOGSDON Vice Chairman LISAMARIE WEAR Treasurer ODETTE BENDECK, ESQ, Secretary ROBERT F. PICKETT, R. Ph. Member-at-Large ROBERT KiRSCHENBAUM Member.at-Large ANDREW L. SMITH, JR, Member-at. Large HON. CLARA K. WILLIAMS Member-at-Large BOARD OF DIRECTORS MOSES BAKER, JR,, Esq. THALIA S. BECAK ENID CHARNECO DONALD A. LAKATOSH, M.D. LAURENCE S. LEVINE, Psy. D. BARBARA MAROD JAY S. MITCHELL RICHARD RAMPELL, CPA NORMAN N. ROBSON MALCOLM E. SHAW V. LYNN WHITFIELD, Esq. LEE A. WILKINSON, NCSP Mr. Bruce Cooper, C.B.O. City of Sebastian 1225 Main Street Sebastian, Florida 32958-8697 Dear Mr. Cooper: Gulfstream Goodwill is requesting that the City of Sebastian allow us to place a 10x20 "Ted,s" or "Lark" shed on the Southern end of the Walmart parking lot for a period of up to eleven months under a temporary use permit. We have an employee attending the shed that we use as a donation center 8 hours a day, seven days a week, receiving items and giving receipts. There is no plumbing or electric so our employees use the facilities at the Walmart store. The sheds themselves are tied down to the manufacturer's standards. Goodwill has insurance coverage for the site and maintains it cleanlness with twice daily calls to our office in Stuart and by radio dispatched vehicles seven days a week. Currently other municipalities consider us as recycling stat ion and request either a tie- down permit or a temporary use permit. and We hope you will consider us favorable look forward to hearing from you soon. Sincerely, Chase Dlr~='ctor of Retail Development VOICE/TDD (407) 848-7200 WFC/jtd REHABILITATION SERVICES ADMINISTRATIVE SERVICE. Fax (407) 844-6707 Fax (407) 848-0346 AN EQUAL OPPORTUNITY EMPLOYER City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: REQUEST GFWC SEBASTIAN RIVER JUNIOR WOMAN'S CLUB TO USE RIVERVIEW PARK Approved For Submittal By: City Manager Agenda Number: Dept. Origin: Community Developmen Date Submitted: 4/17/95 For Agenda Of: 4/26/95 Exhibits: 1. Susie Harle letter received 4/12/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The GFWC Sebastian River Junior Woman's Club is requesting permission ftc the City Council to utilize Riverview Park on Saturday, November 18, 199~ (with a rain date of Sunday, November 19, 1995) for a Harvest Arts and Crafts Fair. The applicant has also requested the use of electric. Unless otherwise stipulated by City Council, the following are establish~~ rules for use of Riverview Park: 1. $100.00 Security Deposit 2. No vehicles in the park. 3. Applicant to provide sufficient waste receptacles and clean up after event. 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entranceways. 6. Any goods for sale must be handmade by members of the organization. 7. Applicant must contact and receive approval from the Health Department regarding the sale of food. 8. Applicant to coordinate with Public Works Department for use of electric. Page 2 RECOMMENDED ACTION Move to approve the request from GFWC Sebastian River Junior Woman's Ci~ to use Riverview Park on Saturday, November 18, 1995 (with rain date of Sunday, November 19, 1995), including electric, with standard conditions. W~ITIN~ I~ ANY O~ -rills SHOULD ~AT~LI~. I ALL THE ,ION~',' ~.~SED ~ROM THE ~-AIR WILL ~0 D~RECTLY INTO THE ~lE AT J89-0844. ' I THAN~ r'OU F'OR YOU~ CONSIDERATION IN THI~ ,,ATTE~.-- ~ I I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: MEMBER TO THE PLANNING AND ZONING COMMISSION APPOINTMENT OF REGULAR ) Agenda Number:~~/-~',~0/ ) ) Dept. Origin: Community Development Approval for Submittal By: City Manager Date Submitted: For Agenda Of: Exhibits: 4/18/95 4/26L95 1. Memo dated 4/7/95 from Planning and Zoning Secretary 2. Applications EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of March 16, 1995, the Planning and Zoning Commission accepted Mr. John Falke's resignation from the Board. After its review of all the applications at its April 6, 1995 meeting, the Planning and Zoning Commission passed a motion to recommend to City Council to appoint 1st alternate member Mr. Joseph Schulke to the vacant position. RECOMMENDED ACTION Appoint Mr. Joseph Schulke to regular member position vacated by Mr. John Falke, term to expire in June of 1997. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: April 7, 1995 Mayor, City Council Dorri Bosworth, Secreta~~ Planning and Zoning Comm{~sion Position vacated by Mr. John Falke's resignation At its regular meeting of April 6, 1995, the Planning and Zoning Commission passed a motion to recommend to City Council to approve filling its vacant position with 1st alternate member Mr. Joseph Schulke, subject to City Council's own review of all the applicants. Mr. Schulke has been an alternate member since November of 1993. The position vacated by Mr. Falke expires in June of 1997. . 4, 5, 7. 8. 9. HOHE TF_.~EPHOHE: BUSiNESS~ ~U$~NESS ADD~S: SOCIAL S~CURIT~ NUMBER~ DRIVERS LICENSE MUMBER: C~T¥ OF. SEBASTIAN ~se afid'i't~0nal Ahee6s if neces~'~r~ or s6bmi~ resume if a~AIlabi~)~, Ye$~ No vo=er regis=ration no. Are you a re~,~de,,~ o£ ~he city? Do you h~ld a public office? 10. 14. Do you ~erve o11 a City Board ~ pr~,.~ent?. Yes ~ No__ 15, ~LF2%SE C~ECK THE BO~($) YOU ~ INTE~STED IN SERVING ON: (Fleas~ ~u~er in order of preferen=~ with the first ohoi=e being" 1" ) 16. BOARD OF ADJUSTMENT CEMETERY COMMITTEE i_-- CODE ENFORCEMENT BOARD CONSTRUCTION BOARD PLANNING A~D ZONING F~NDICAPPED COMMITTEE what. qualifications do you have to serve on this board? i 1~ ~r Wish. lng to serve on an u~%lsor~ reasons ~o you board? 11 i { F ~ 0 M · P. ~/3 I ~Y 'M~. ~o:.~1.~ GIT',' OF _P.[2B(IST'I.ffqI~ , mi~demeano~ znvolvt mo~a] turpitude iny · ,. ,, ~ '18. Woul4 ou ooD~iOer servin~ on ano~or ~R~a o~r tha~, the I hereby oertlfY that I ......... .., ...... ~orize th~ City. of Seba~ ...... · --.eh{~ aDDl~catxon. A . ~derstand ~at any =~. ~--- * ...... e for ~is~alificatlon or 're~este4 in thiz appllca~xon ~ removal- at ~e. city Counoil of the city oE S=BA~Ti~ may ~ understaDd th .... :~- -,u ~unioiDal board member for malfeasance, m~szeasanou,~n~~t,, to'~-rfo~ his official 1Bco~petence, or p~ ..... '--~-~ ~he City councll may suspend duties. ~rther, ~ - .. -~ ~ ~wwe~ted for a ~,lony or for a indicmted or informed againmt for the co,ms,ion of any felony or misdemeanor. I hereby authorize the Sebastian Police be~r~ment =o run an s~o~ TO ~O S~sC~O ~fore ~e th.t-'~ ~Y o~ [d~C~~', . · I KELLYS. GI~N Not~ ub~i'~ ~ ~e of" Floriua My Corem ~xp. iO/i~.. ~ ~ond~ By ~ ins My Co~sio~ ~ire~: _ _/0. C~1~091 CITY OF SEBASTIAN APPLICATION TO SERV. E ON ,CITY BOARD 4. BUSINESS: .............. 6. BUSINESS TELEPHONE: (USe additf~naX sheets ~ necessary or submif resume if available) 10. Voter registration no. ~O~&O 11. Are you a resident of the city? 12. Length of Residency 13. Do you hold a public office? 14. Do you serve on a city Board at present? Yes_~ No Yes No ~/ Yes / No 15. PLEASE CHECK THE BOARD(S) YOU ARE INTEILESTED IN SERVING ON: (Please number in order of preference with the first choice being"l") BOARD OF ADJUSTMENT CEMETERY COMMITTEE CODE ENFORCEMENT BOARD CONSTRUCTION BOARD PLANNING AND ZONING HANDICAPPED COMMITTEE 17. What reasons do you have for wishing to serve on ~oard? 11 18_. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No ~ 18. Would you consider serving on another Board other than the one(s) you selected above? Yes ~ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand ~_hat any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the city Council of the city of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for. a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me.~~'~ ~~ SWORN TO AND SUBSCRIBED before me this ~O~ day of Notary Public, ~a~ ~f Florida co iss .on E ires: \ws-form\board.app 2 12 . BUSINESS ADDRESS: *CONSTRUCTION BOARD *PLANNING AND ZONING HANDICAPPED COM~4ITTEE Are you a resident of the City? Length of Residency Do you hold a public office? Do you ser~e on a City Board at present? Yes z~- No Yes No Yes PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT .. CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD I 16. What qualifications do you have to serve on this board? 17. What reasons do you have for wishing to serve on an advisory board? 11. 12. 13. 14. 15. 6. BUSINESS TELEPHONE: 7. SOCIAL SECURITY NUMBER: 9. RESUME OF EDUCATION AND EXPERIENCE: (use additional sheets if necessary or submit resume if available) 10. voter registrat on no. 18. Have you ever been convicted of any felony or any ..misdemeanor involving moral turpitude in this or any state? · ' · Yes No 19. Would you consider serving on another Board other t~an the 'one(s) you selected above? Yes No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application .is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, .misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony o misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Ap~lic~Signa~ before me this~_~_ day of~ Subscribed an~ sworn.,~to to-~ or haS'prOd~c~d · personally ~l who is known 'as en cati~ (SEAL) ~ame Of Notary (~rinte~ or 'rype=) Commission No. ~ws-form\application ~ IName and ada,ess ol employer s o,gamZalton (tnCluCl,, /.IP ¢o(~a. r! known) ~JU.S. Army Corps of Engineers ~Middle East/Africa Projects Cfc Winchester, VA 22601-1450 Exac{ lille, ol your position J/lame ct ,mm,,O,ate suoerv,sor Chief, Engr Div I COL Butler . ng~neer~ng Construction FrOm Oct 86To I , m Salary Or ;'ar";""( . iPlace ol amp dy ant 8eginn,ng S m icily Win che ster Ending s Is'3tevA ' Area Co(~e lelepnone Nu,nOer ; L II F,,c~etal Serv,ce. ¢:tvlltan of m,,ilary: S,,rles. grace Or tank. and d3t,, pi llaSt Dromollan · l GS-15 0ese,lOtion pi work lOoser,D,, your speclhc outles, ras~;onslorhlle$ anti accomohst~ments in t~,rS I00.;: lNumDer and keno of `'mployees you sub,', v,$,d 115+ Your reason 10r Wafllln~ IO leave Chief of the Engineering Division, responsible for planning, organizing, designing, budgeting, directing, and coordinating large and diversified engineering program of the Middle East/~frica Pro~ects Cfc (MEAPO). The MEAPO is engaged in managi~g and directing a foreign assistance program and US military construction program. Program involves many Middle Eastern and African countries. B-"lNam,, and address pi employer 5 organ,ZallOn fmc,ua`' ZiP Code. ,! knownl ~-~U.S. Army Corps of Engineers Middle East/Africa Projects Cfc · Winchester, VA 22601-1450 Kind 0¢ ~us,ness or ofgan~zallon Imanula¢lur~n9. a~counn~, soo,al se~,ces, eec) EngLneer~ng.& ~pnstruction I Dates ,,mployed (gJve month aha y,,arl ' F,om Sep 8~0 Oct 86 ~aiat¥ or earninas " Beginning $ Ending $.~ agency use IS/nH co,es. %verage numO~, °i hours per w~; Place OI emDIoymem c~y Winches ter s,,,eVA jName of imme01at~ suberviSOr Area Code lelepnone Number Numoer and kmd OI em01oyees you super ~,,c,chief,m,e o, y0,,Design, OS,,,,, Branch I Ralph Wheeler I I  VlSed Iii ~aera~ serv,ce. ~vll,a~ o';"m,l,~ar~ ~er~es. grace or ~k. ~no ~te~i I~0~ reason i6~ i~G,nq Itast pfomo,on -' . I I s-:5 .: · Chief of Design Branch, responsible for the design of facilities for the U.S. and various foreign governments in the Middle East, primarily Saudi Arabia. The program includes a wide range of proOects that are extremely diversified and complex, new city, port facilities, service academies, airfields, etc. l'he branch has an authorized strength of 100+. The work of the br~nch is carried out .plines plus For agency use Isk~ll co~e3. ,,tc~.: thru seven sections whic}~ include specifications ~nd estimates. c~.a Name and a0ofess of employer s otgantzanon Irn¢luOe ZIP CoPe. ;1 ~nown; U.S. Army Corps of Engineers Middle East Division Berryville, VA the five major disc t0ates em01Oye0 Ig, ve month aaa yearJ From Jul 76T0 Sen Beg,nning F. ndinq Av,,rag,, numa,., pi hours pet w~ PlaCe of employm,,nl :.y Berryville Exacllllleofy0ur,osmon ASS'~ chief'lNam''°llmme°'ateSuberV's°r I A,eaCooe. '.,epnoneNum0,,, INum0e, eno I~m. of .moloyeeSyou suP~:;Ivised .Design Branch l James Cougv ) K fl0 o bu~,neS~r o~qan Za,O~ jmanulac~urm~. Ii ~eoe~ai ~erv,ce. ~iV,ha~ A,I,ta,y: sar,es, graaeor ran~. and dale o~ IYou, ,emson for lear,hq aCCOunhn~, socJal servtce~, e~C.) last promohon Engineering & .Construction m. ~--l~m' ' "' ~e~r~Dlto~ 0f Wof~ IOe~c~oe ),our ~eCff~ dut~e~ ~Oon~JO,ht,'~ ;~d 4ccomOl~SAm~,~ ,n f~s IOO.n Ass~t~ "U~gn ~rahc~t uhi~: Ln pe~'zorm~nce of abO~'~ duties. SEE INSTnUCTION SHEET Nam~ and adaless Bi emplOyer S orgamza,on (mc/uCc ZiP Code. ,! known) U:S.Army Corps of Engineers Leghorn, Italy ,,,e ~i 'your ,0S.i,~n ~hief., Civil Section James Couey . Kind BI business Or orgamZ:Hion ~manu/acltll'ing, ii Federal service. Clvlhan or mlllt:~r¥: series. 9rode Of rank. an0 dale ol I Your reason lot wanlm9 Io leave ~ng~neer~ng~CC°un[~ng' $oc~al ~rvice$. ~c.; las[ promotion I 2onstruction GS-14 ' 0escription al work (Describe your .117ec~lJc duties reSoonSrO*lme$ an(1 accomohsnments ,n Items lo".): Chief of Civil Design Section. Supervise 15-20 civil & env engrs,I land arch, & engr techs. Responsible for architect-engineer & in- house designs for all sitework~ roads, pavement, utilities, irrigation, landscaping & water and sewage treatment £'or projects in Saudi Arabia a.nd other Middle East countries. Projects are extremely diversified & complex and include airfields, port facilities' and new cities. 'Forage~¥usetsk~llcooeL I EIFederal Aviation Administration i~,0~Jul 71TBJul 75 Atlanta, GA I~iary"0r ~armnns IP,ace o, I~,~i,n,n~ $ ~Ci,y Atlanta ~xacl lille BI yOU( paSlllOn lName BI ,mme0.a~e superv.sor Ares Code Tffleo~one NumBer NumBer an0 kmO 01 ~mOloyee5 you Civil Engineer i~ G Spencer Oesc.plmn ct work (~$crJO~ your sO~Ctflc OUfleJ. r~S~o~jlOihtl~S an~ accomOhs~m~nt~ ~n t~l$ IO0. l' Provide technical guidan~ & as'szstance t~ abe Euu~ Ai~F~ts District Offices located within the Southern Region on design & I construction of airports. Makes special studies & evaluations of airport paving. Keeps advised of uses of new materials R evaluates~ experimental uses of new products & methods; recommends regional policies, provides standards & procedures for design & construe)los of airports. Performs evaluatidns and contruction inspections of airport projects.  For agency use flkHI ~.8. ~my Corp~ of En~noer~ ~[~0~ar 68 ~ ~ul 7~ Huntsville gaiety or earn,.gs Place el Alab~a I seg,nn,nq s m cit~ Hun tsvi ~ e E~ac[~ViI~iR 01 yp%r ~os,.OnEn~ineer I Nel~on~Name o~ ,mmee[a[eBallSuoerv~sor I A~ea Coee [ ;ela~none Numoer i.u,.oe,v,.~ ane x,ne ~1 emmoyees you sUO~ I I , ~ngLneerLng & Construction I GS-13 " Civil design engineer responsible for direction of the design of paving, drainage, grading, & miscellaneous civil features of facilities. Pavement design is complicated by sites being located in differeAt sections of country (Mass., N.D., Mont., etc.) thereb~ involving many different design coordinating access roads program with various state road departments & FHWA. Acted as consultant advisor to field construction forces on construction ~.~lbl~,.c . associated with above work. .'~""' ~' SE~ INSTRUCTION. F ' JName aha aOdress pi emplOy~, S organization ttnclu~le ZIP ¢ocle. ti knownl G~ U.S. Army Corps of Engineers Merritt Island Florida Oales emOlOyed~/~ve r ISalary or earnlnas IBegiflnt,g $ Ending S Exacl lille Ot your pOSlllOfl IName ct immediate suOervl$O¢ ~iviL' Engineer ~elson Ball moo,t? an(~ yearl To Mar 68 Area Code telephone NumOer Ill Federal service, mllllary: series. Kind ol Ouslness or orgafllZallOn tmanutaclur, n~. Ilast promotion ClVlllaff or grade or rank. and dale or ~.~ccoun~ng. social serviceS, elC. I ,;ng~neerlng & ~uction ~S-12 Description ct work (Oe$cr,Oe yOur SpeClliC duhe$, respons,elhlle$ and accomplishments in this 10~7.1; lAvelage numoer Of nourS per wee] Place pi employment Cily Merritt Isla sta,eFL · Numoer and klffO ct emotoyees you suPet- vised IYour reason lO, warning I0 leave Develop & supervise the development of plans, design, analysis, & specifications for paving, drainage & site preparation features of proaects assigned to Canaveral District. These proaects,included design of Saturn crawlerwa¥ (which was designed to car~ the largest known land movin~ vehicle, 17,500r000 lbs.). Also airfields projects at PAFB. In this assignment ~as in almost daily contact with field on construction problems associated with paving & grading · For agency use tsx,,/codes, elC. l / lAve,age numoer Of fours der weexl Jacksonville Florida Sta~eFL e-~, ,,,lO o,you, ~os,,,on I,ame el ,tamed,ale suoerv,sOr A,ea Code ~,,epnone ,umoer ~,~em~oer and ,,nd of employees you suOe,. '.ivil Engineer I A.B. Gross I i I II Federal serv,ce, ctwhafl of md~lary: ~er,es. grade or rank. and dale ol l Yd., reason Icc leav,ng last promotion ' I GS-ll Description o( wm~ [~cn~ ~ur sOtczlic ~uf~es. ~espon~tO;I, tles an~ accomphsnments m In/s Io03: Kind o! business or organizer,on ~manulactur,ng. accoun~n~. SOo/al $~.rwce$. etc.) Engineering & 2ons truction Develop plans, specifications and design analysis for airfields, roads and other civil features of proaects assigned to Jacksonville District. This includes pro~ects at the Cape and Kennedy Space Center. Also proaect engineer responsible for coordinating work of other design disciplines and insuring that completed design package met using agency requirements. ._~ Name and address ol employer s o%lanlzalion tincluOe ZiP Cooe. ii known; Exact lille OI your position Kind of buSineSS or organt.~allon cmanufactu~tng. aCCounting, social set'vices, eIc.~ lName o( immediate suoefvt$Or II Federal Sefv,ce. civilian Or mihiar¥: series, grade or ranX. anooaleol asr promotloff, For agency use 13~tll COOe$. efC.) Average numoer OI hours per week Place ol smploymem Cily State Area Coed ieleonoffe NumOer Numoet and ~(ind OI employees you SUper- vised Poser,orion ct wOr~( t~e$c,oe your $[~ecIhc ~Ulle.~. responsibilities an(~ accomohsnmeflts tn ,nfs lOP I. I¥OUf feasoff Ici leavmcj During this period had the following experience: 2 years with an aircraft company performing design 6 months on active duty with 2nd Lieutenant 1 1/2 years with the Corps of engineer trainee program. the Corps Engineers structural of Engineers in their jun IFor aqency use . 5. 6. 7. 8. 9. APPLICATION TO SERVE ON CiTY BOARD HOME ADDRESS: I\~ ~g£f%% HOME TELEPHONE: ~6~ BUSINESS: ~ Cq BUSINESS ADDRESS:_~08 BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE: (use additional sheets if necessary or submit resume if available) 10. Voter registration no. 60 6~JoL! Yes~/ No 12. Yes NO 13. -- -- 14. Do you serve on a City Board at present? Yes__ NoV/ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT Are you a resident of the City? Length of Residency Do you hold a public office? i CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD _~__ *CONSTRUCTION BOARD I *PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? I 17. What reasons do ~ou have for wishing to serve on an advisory b ara? i'8. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No 19. Would you co~Sider.serving on another Board other than the one(s) you selected above? Yes~/ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor'. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Subscribed a~d sworn to before me this ~ day of ~h~ , 19q%, by {~f[%.0. ~u{~ ,'who is Derso~nally known to me or has produced ~A -- as identification. (SEAL) \ws- form\ application ~e of ~io~ida Commission No. PPLICATION TO SERVE ON CITY BOARD 1. NAME: SHIRLEY H. KILKELLY 2. HOME ADDRESS: 950 Franciscan Ave., Sebastian, FL 32958 HOME TELEPHONE: ...I407) 589-5062 BUSINESS: n/a BUSINESS ADDRESS: 7. 8. 9. BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: DRIVERS LICENSE NL~4BER: RESUME OF EDUCATION AND EXPERIENCE: B.S. in Mech. Engrg. 33 yrs. systems test engrg incl. planning, procedures, project leader, 10. 11. 12. 13. 14. 15. and reports. (use additional sheets if necessary or submit resume Voter registration no. Are you a resident of the City? Length of Residency 9 Do you hold a public office? Do you serve on a City Board at present? if available) Yes X No 9years + Yes No X Yes No X PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD .*PLANNING AND ZONING ~ HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this.board? 6 years previous service and an organized pattern 'of thinking trained to determine what must be done and how to do it 17. What reasons do you have for wishing to sez-ve on an advisory board? ~Havi,nq participated in %h~ preparation of Sebastian's Comprehensive Plan,I would'no~ like to work at revising and updating it and a sincer~ desire to help my community. . ' ~ 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No ~' 19. Would you consider serving on another Board other/than the one(s) you selected above? Yes No ~/ I hereby certify that I am qualified to hold the position for which-'this application is made. Further, I hereby authorize the -~±~y of. Sebastian to investigate the truthfulness of all ..,i~for~ation which I have provided in this application. I 'unders.~and that any misrepresentation or omission of info&marion '~equ%~%ed in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may. suspend.or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. /~Pplicant Signature identification. / ' Florida ~ ' ~ ~1~: June 16 - , ' N~e of Nota~ (P inted r T~ed Co~ission No. s-form\application City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Ordinance O-95- 12 ) Amending Land Development Code ) Re: Antique Shops/Second Hand Shops) Approval For Submittal By: City Manager AGENDA NO. ~"]-~ t~ Z Dept. Origin: City Manager Date Submitted:04/20/95 For Agenda Of: 04/26/95 Exhibits: -Ordinance o-95-12 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY During the recent City Council Meeting, changes were made to a proposed Ordinance addressing the antique shop and second hand store issues. After reviewing the changes initiated by the City Council, it was determined that the composition of the Ordinance should be redrafted. The attached reflects a rewrite of the Ordinance and we will have to readvertise for the Public Heating. I have placed this on the April 26th Agenda for establishing the required Public Heating Date of May 26, 1995. RECOMMENDATION Schedule Public Hearing Date of May 26, 1995. 84-20-95 04:14PM FROM POTTER, MOCLELLAND TO SEBASTIAN OITY PO2 ORDINANCE NO. 95-12 AN ORDINA/~CE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, A/~ENDING CHAPTER 20A, SECTIONS 20A-2.5.C.6, 20A-2.5.C.13, 20A-6.1.0.18 AND 20A-3.10.B. AND C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; TO CLARIFY CLASSIFICATIONS AND DEFINITIONS; TO PERMIT ANTIQUE SHOPS AND SECONDHAND STORES IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICTS; TO ALLOW FLEA MARKETS AND PAWN S~OPS IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AS A CONDITIONAL USE; AMENDING THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, TO ADD ANTIQUE SHOPS, CONSIGNMENT SHOPS, SECONDHAND STORES AND SPORTING GOOD SHOPS TO SECTION 20A-2.5.C.6~ PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS: REPEALING ORDINANCE 95-05; AND PROVIDING ~OR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend =he Code of Ordinances, City of Sebastian, Florida, in =he City of Sebastian Land Development Code to allow antique shops, and secondhand stores as a permitted uae in CG zoning did=rio=s; and WHEREAS, the City Council of the City of Sebastian, Florida, finds =ha= it would be in the best interest of the City that Section 20A-2.5.C.6 of the Code of Ordinances, City of Seba~tian, Florida, in the city of Sebastian Land Development Code be amended =o include antique shops, consignmen~ shops, secondhand stores and sporting good shops; and WHEREAS, =he City Council of the City of Sebas=ian, Florida, lnds that it would be in the best interest of =he City that 04-20-95 04:14PM FROM POTTER, MOOLELLAND TO SEBASTIAN CITY Sections 20A-2.5.C.!3, 20A~2.5.c-18 and 20A-~.iO.B. and C. oX nhe Code of Ordinances, City of sebastian, Florida, in the city of sebastian Land Development Code be amended to permit flea markets and pawn shops as a conditional use in the General commercial (CG) Zoning Districts~ and WHEREAS, the City Council of the City o£ Sebastian, Florida, believes :ha: it is in the best interes=s of the health, safety, and general welfare of the community to so amend the Code of Ordinances, city of Sebastian, Florida, in the city of Sebastian Land Development Code. NOW THEP, EFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDa, THAT: ~ The Code of Ordinances, City of Sebastian, Florida, in the City of sebastian Land Development Code is hereby amended by changing Section 20A-2.5.C.19 to read as follows: 13. Flea markets and pawn shops: Retail sale of goods in an establishment which provides booths, stalls, or other marketing areas to more than one retailer within the same business establishment, or pawn brokerage services. ~ The COde of Ordinances, city of Sebastian, Florida, in the City of sebastian Land Development Code is hereby amended by changing Section 20A-6.1.C.18 to read as follows: 18. Flea Markets and Pawn Shops: a. Applicable zoning districts. Flea markets and pawn shops snell be permitted as a conditional use within the CG zoning dimtric~. 04-20-95 04'14PM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY . ! b. Conditional use criteria. Flea markets and pawn shops will be allowed iht_he CG district provided the following criteria are met: (1) All sales activity and storage shall be in an enclosed structure. (l) No structure shall be located within fifty (50) feet to any lot line abutting a residential district. (3) No off-street parking or loading area shall be located closer than fifteen (15) feet to any property line abutting a residential dis=riot. ~ The Code of ordinances, City of Sebastian., Florida, in the City of Sebastian Land Development code is hereby amended by changing Section 20A-3.10.B and C to read as follows= Permitted Uses. in this district, as a permitted use, building or premises may be used for only the below stated uses. Ail applicable provisions of this code shall be satisfied, _ including site plan review and performance criteria. Permitted Uses: Cultural or civic activities, places of worship, public or private not-for-profi= administrative services, public or private not-for-profit clubs, business and professional offices, general retail sales and services (includin~ antique shops, consignment shops and secondhand stores), limited commercial activities, parking garages, plant nurseries, restaurants (excluding drive-ins), =rads and skilled services, transient quarters, vehicular sales and related services, retail gasoline 14-20-95 04'14PM FROM POTTER,, MOCLELLAND TO SESASI1AN _ sales, medical services and accessory uses. (Ord. No. 0-93 01, ~ 32, 2-24-93) . C. Conditional Uses. In this district as a conditional use a building or premises may be used for only ~e. following conditional uses upon compliance with applicable conditions stated in article vi and all other applicable provisions of this Code, including site plan review and performance criteria. The Planning and Zoning commission shall ascer~ain if such conditions and provisions are satisfied. Appeal of such decis~ons shall be heard by ~he City Council. Conditional UseS: Adult ,?t.rtainm-nt establishments,, bars and lounges, child care facillt.i~s, drive-through facilzties, farmer' s markets, funeral holes, hotels and motels, ~ndoor theaters and other enclosed co.mmercial amusements, flea markets and pawn ,hops., nursing homes (~n.cluding r, st hom.. or conval.sc-nt home-), public and pti.vat- util~ti.s, public parks and r.creation, areas, public protective and emergency services, restaurants (drive-in), vehicular service and maintenance, veterinary me~ical service~, wholesale trades and services, and accessory uses. (Ord. No. 0-93- 01, § 66, 2-24-93) ect~$_9~__4~ That Chapter 20A, Section 20A-2.5.C.6 of the Code of Ordinances, city of Sebastian, Florida, in the city of Sebastian Land Development Code is hereby amended to read az follows: 6. General Retail Sales and Services. Re=ail sale or rental from the premises of goods or services to include all uses listed under limited commercial activities as well as the following~ 04-20-95 04'14PM FROM POTTER, MOOLELLAND TO SEBASTIAN CITY PO6 Antique shops Appliance stores, without major warehousing Art shops and supplies Bakeries, excluding wholesale produc=ion and distribution Bicycle shops Consignment .shops Copying services Cosmetic Department stores Drapery stores Drug stores . Dry cleaning establishments complying with Class IV or Claes V Fire Code Prevention requirements and using only Class IV solvents such as perchlorethelene, except for spotting as provided for in section 9.6(m) of the Fire Prevention Code Dry goods stores Fabric stores Garden supplies Gasoline sales Grocery stores Hardware stores, without outside storage of lumber and other building supplies Health and exercise studios Home furnishing stores Lawn and garden supplies Large specialty shops Luggage and leather goods stores Office equipment andsu~plies Paint and wallpaper retail sales Pe= supply and pet shops · Secondhand stores Sporting goods storeE Other special exception uses approved by ~he City Council based on sim~lar~ty of use; absence of wholesaling, warehousing, outside storage and distribution functions; and absence of anycharacteristic dissimilar and incompatible with =he uses identified herein pursuant to Section 20A-2.6. ~ It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" Nay be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. 04-20-95 04'14PM FROM POTTER, MOCLELLAND TO SEBASTIAN CiTY ~. ordinance 95-05 is hereby specifically repealed in its entirety. All other ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to ~he extent of such conflict. ~ If any clause, section, or other part or application of thi~ Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconsti~utional or invalid part or application shall considered as eliminated, in no way affecting the validity of =he remaining por~ionz or applications, which shall remain in full force and effect. ~ This Ordinance immediately upon its adoption. The foregoing Councilmember by Councilmember to a vo:e, the vote wam as follows: Mayor Ar=hut L. Firtion Vice Mayor Carolyn Corum Councilmember Norms J. Damp Councilmember Ray Halloran Coun¢ilmember Louise R. Cartwright sha%l become effective ordinance was moved for adoption by The motion was seconded and, upon being put -04-20-95 04:14PM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY · ! The Mayor thereupon declared this Ordinance duly passed and day of , 1995. ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor I HEREBY CERTIFY =ha= no=ice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one ~ublic hearing was held on this Ordinance at 7:00 P.M. on the day cf , 1995, .and at the following saidpubllc h'--~-~'earing thl~brdi~anc---~%a~ pamsed by the City Council. Approved as to Form and Content: Ka=hryn M. O'Halloran, CMC/AAE City Clerk Clffton A. M¢Clelland, Jr. City Attorney City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Ordinance No. O-95-11 - Occupational License Fees APPROVED FOR SUBMITTAL BY: City Manager: ) Agenda No. ~~ ) ) Dept. Origin City Clerk ) ) Date Submitted 4/20/95 ) ) For Agenda Of 4/26/95 ) ) Exhibits: O-95-11 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: SUMMARY STATEMENT city Council established the Equity Study Commission by adoption of Resolution No. R-94-05 on January 12, 1994 and selected members to serve on the board. In accordance with FS 205, the Equity Study Commission met many times over a period of one year to review and recommend revisions to classifications and rates in the current occupational license code. On March 11, 1995 the Commission's recommendation was accepted by City Council and the City Attorney was directed to draft an ordinance. Ordinance No. 0-95-11 is presented in legislative format to enable you to review all changes made to Section 30 of the Code of Ordinances. The classifications and fees are not in legislative format since there are such vast changes, however, certain fees appear in legislative format because they have been changed by the City Attorney since City Council review on March 11. RECOMMENDED ACTION Approve Ordinance No. O-95-11 on first reading and schedule a public hearing on June 14, 1995. ORDINANCE NO. O-95-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II, OF THE CODE OF ORDiNANCES, RECLASSIFYiNG OCCUPATIONS; REVISiNG THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE; IMPOSING ADDITIONAL PENALTIES; ESTABLISHING EXEMPTIONS; IMPOSiNG ADDITIONAL REQUIREMENTS FOR ISSUANCE OF LICENSES; PROVIDiNG FOR iNCLUSION IN THE CODE OF ORDiNANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Florida Statutes Section 205.0535, on January 26, 1994, the City Council of the City of Sebastian, Florida established an Equity Study Commission; and WHEREAS, the Equity Study Commission met on May 16 and 23, June 13 and 27, July 11, 18 and 25, August 22, September 12, 19 and 29, 1994, which meetings were publicly noticed and opened to the public to review Chapter 30 of the Sebastian Code of Ordinances relating to Occupational License Taxes; and WHEREAS, the Equity Study Commission has recommended a classification system and rate structure for Occupational License Taxes; and WHEREAS, the City Council has found that the aforesaid classifications are reasonable and that the recommended tax rates are reasonable throughout each class; and WHEREAS, the City Council has determined that the total annual revenue generated by the new rate structure for the next fiscal year, exclusive of increases attributable to the increases in the number of licenses issued, will not exceed 110% of the revenue base (as defined in Section 205.0535 (3) (b) of the Florida Statutes). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. Article II,, Chapter 30, Licensing, of the Code of Ordinances of the City of SECTION 1. Article II,, Chapter 30, Licensing, of the Code of Ordinances of the City of Sebastian, Florida, is amended in its entirety as follows: ARTICLE II. LICENSING Sec. 30-27. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means any person desiring to obtain a license under the provisions of this article. Business means any activity, enterprise, profession or occupation performed or engaged in by any person for gain, benefit, advantage or livelihood, and shall include all such activities or enterprises whether performed in one or more establishments by one or more organizational units, including departments of an establishment operated through leasing arrangements. For purposes of this article, a business not-for-profit shall be included within the terms of this definition unless otherwise exempted. Chief executive officer means the city manager and/or his designee. Classification means the business a person has been designated to fall within under the schedule provided for in this article. Contractor means any person: (1) Accepting or offering to accept orders or contracts for doing any work on or in any building or structure requiring the use of building materials; (2) Accepting or offering to accept orders or contracts to do any paving or curbing on sidewalks or streets, public or private property, requiring the use of appropriate materials or any compositions; (3) Accepting or offering to accept orders or contracts to excavate earth, rock or material for foundations or any purpose; (4) Accepting or offering to accept orders or contracts for building, remodeling, repairing, wrecking, razing or demolishing any structure; (5) Accepting or offering to accept orders or contracts for moving any building; or (6) Accepting or offerinc, to accept orders or contracts for the installation, maintenance or repair of signs, air conditioning apparatus or equipment-~i. _t_,,,,, be ,,~,-' ..... ~,~,,-' a con~rac'cor, whether such work is done or offered to be done by day labor, general contractor or subcontractor. Every person engaged in the business of accepting or offering to accept orders for contracts for doing any work on or in a building or premises involving erection, erecting, installing, altering, repairing, servicing or maintaining ~ lines, shall be deemed to be an electrical contractor. Every person engaging in the business of plumber or steamfitter shall be deemed to be a contractor. Every person engaged in the business of creating a building for the purpose of selling or renting such building, and making no contract with a duly licenses contractor for the erection of such building, whether or not such person contracts with one or more duly licensed contractors for one or more portions but does not contract with any one person for all the work of erecting any one of such buildings, shall be deemed to be a contractor if he shall build more than any one house in any one year. £armer means those described in F.S. 205.064. Fee means those charges established by the city council contained within the schedule of this article, as such charges may be amended from time to time, and promulgated pursuant to the authority conferred upon the city by F.S. ch. 205, or any successor thereto, for the privilege of doing business in the city. Finance director means the finance director for the city or his designee. License means the document granted by the city under the provisions of this article and required of any person before such person can engage in any business within the city. Sec. 30-28. Persons subject to license. A fee for the privilege of engaging in or managing any business within the city is hereby levied on: (1) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within its jurisdiction; and (3) Any person who does not qualify under the provisions of subsections (1) and (2) of this section and who transacts any business or engages in any occupation or profession in interstate commerce where such license fee is not prohibited by section 8 article 1 of the United States Constitution. Sec. 30-29. Required. No person shall engage in any activities for which a license is required by this article, without occupational license issued by the city. No person shall kno~l. Lidgly ma~ a fal~ statement in the lice~n~e application as to conditions or facts upon which the .rep is based. Sec. 30-30. Disagreement as to classification; appeal. If there is a disagreement between the applicant and the city on the question of proper classification for any person or business licensed or to be licensed, the city clerk shall decide the proper classification with the fight of the applicant to appeal the decision to the city manager, whose decision upon the point shall be final. Sec. 30-31. Term of license; when fee due; half-year license for new businesses; delinquencies. (a) All licenl~e~..~hall be sold by the Citg.of Sebastian beginning August I of each year. are due and payable on or before September 30 of each year. and expire on September 30 of t~, succeeding year, IfS. eptember 30 falls on a weekend or holiday, the tax is due. and payable on or before the first working day following September 30_ Lj!::enses that are not renewed when due and payable are delinquent anqtiubject to a delinquency penalty of 10 percent for the mol~th of October, plus an additional 5 percent penalty.for each subsequent month of delinquency until paid. H~wever the total delinquency penalty mag. not exceed 25 percent of the occupational license tax for the .Oelinquent establishment, (b) Any person who engages in or manages any business, or:cupation, or profession without first obtaining a local occupational license, if required, is subject to a penalty._of25 percent of the license due. in addition to any other penalty provided hy.[a..w (pr ordinance, © Any person who engages in any business, occupation, or profession covered by_.~bj,s chapter, who does nog. pay the required occupational license tax within 150 days after..:the, initial notice of tax due. and who does not obtain the required occupational license is subject to civ~J actions and penalties, including court costs, reasonable attorneys' fees. additional administr, gljzt~ costs incurred as a result of collection efforts, and a pemllLK0fup to $250, (d) Any person who knowingly makes a false statementjn the license application as to coaditions or facts upon which the fee is based is subject to civil actions and penalties, including court costs, reasonable attorneys' fees. additional administrative costs incurred as a result of collections efforts, and a.g~.n~alty of up to $250.00, (e) An.,~person who engages in or manages any business, occupation or profession cov_~.Lerl in this chapter after.revocation of the occupational license for such business, occupation, or profession, is subject to civil actions and penalties, incluc!il~g court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250~00~ (f) Violations of this article are under the jurisdiction of the code enforcement board. 4 Sec. 30-32. Separate license for each business. A separate license shall be obtained for each place of business conducted, operated, maintained or carried on by every person engaged in any business for which a license is required by the ordinances of the city, even though such separate business is conducted within or upon the same premises. Sec. 30-33. Change of location; fee. Upon written request and presentation of the original license, any license may be transferred from one location in the city to another location within the city upon payment of a transfer fee of $3.00. Sec. 30-34. Transfer of license to new owner; fee. A license may be transferred to a new owner when there is bona fide sale of a business upon payment ora transfer fee of $3.00 and presentation of evidence of the sale and the original license. Sec. 30-35. Applications. 1. All applicants for licenses requiring approval of the city manager shall submit their applications to the city clerk not less than two weeks prior to the commencement of the proposed activity or function. 2, Any person applyh!g for an occupational license to practice any profession regulated bv the ~D~ep~rtrnent of Business and Professional Regulation. or any board or_commission thereof_ must g~!ibi~ an active state certificate, registration, or license, or proof o£issuance of the same. 2~ ~Any person applying for an occupational license or a transfer of an existing license must present a copy of.the appljc~a.n.L',s current fictitious name registration issued by the Florida Division of Corporations or a written statement signed by the applicant setting fourth the reason that the applicant need not comply with the Fictitious Name Act. 4. Any per~c,~n~ Opgl,,,vi.n~ for an occupational license to operate a pharmacy must exhibit a curren1 permit issuedbythe Board of Pharmacy. Occupational licenses are not required in order to practice the profession of pharmacy. .~.., Any person applying for an occupational license to operate an adult congregate living facility pur,uant to Chapter 400. Flor. Ld,a..$l~tutes shall furnish proof of issuance of a license from the Department of H~ealth and Rehabilitative Services. 6. Any peri, on applyin_g for an occupational license to operate a pest control business regulated by Chapter 482 Florida Statutes&hall furnish proof of issuance of a license from the Department of Agriculture and Consum..er Services for each business location in the city. ,7, .A. n~7 person applying for an occupational license to operate a healthstudio pursuant to Section 501.0.1.2 - 501 019 Florida Statutes or a ballroom dance studio pursuant to Section 501.143 Florida Statutes.~.hall exhibit a current license, registration, or letter of exemption from the Department of Agriculture and Consumer Services. 8. Any person applying for an occupational license to engage in business as a seller of travel pursuant to_Section 559.927 Florida Statutes shall exhibit a current registration or letter of exemption from the Department of Agriculture and Consumer Services. 9. Any person applying for an occupational license for the operation of a telemarketing business under Section 501.604 and 501.608 Florida Statutes shall exhibit a current license or registration from the Department of Agriculture and Consumer Services or a current affidavit of exemp~Ql:C Sec. 30-36. Evidence of engaging in business. The advertisement of any business by sign, newspaper, magazine, telephone listing, or other public notice shall be conclusive evidence of the engaging in and carrying on of the business in the city so advertised. Sec. 30-37. Exemptions. Any person entitled to exemption under the laws of the state shall be exempt from payment of fee to the city. If a fee exemption provision applies, a license must still be applied for and approved. (1) Veterans must be at least ten-percent disabled to qualify for exemption. However, in no case shall a person be cxe~pt fi,,,,, w,y.,~o, .. ,~., ~A~ ~,, ,,_,,,.~,~, entitled to an exemption in excess of $50.00. (2) Nothing in this article shall be construed to require any farmer to procure a license to sell ....... '~' ...."~--:'- . _ w~,~o,~ ~,, ,..,.~ farm. aouacultural. ~rove_ horticultural floricultural, tropical piscultural. or tropical fish farm products, or products manufactured therefrom...~exc, ept.intoxicating liquors. wine, or beer, within the city, if such .......v~...~,,~' .... ,,, "-, ,,~'~ are ,,, [,, ~,~,~., ,~, ,,~ ~..~, ~,.~ ~_,,.,~, products were ~own or produced by such farmer within the state. Aq~ac~k~, e is fee e~,e,.~,;. (3) No license shall be required of any charitable, religious, fraternal, youth, civic, service, or other such organization when the proceeds are used exclusively for the organization. (4) Any person engaging in or managing a business, profession or occupation regulated by the Department of Business and Professional~Regulation who has a permanent business location or branch office outside the city. who has paid an occl, l.pa~ticpg~ll Ji~ tax. for .the current year to the county or municipality where said permanent business location or branch offices maintained, and who performs work or services in the city on only a temporary, or transitory, basis shall be exempt from the provisions of the article. Sec. 30-38. Renewal notices; nonreceipt of notice no defense. The city clerk shall send out annual renewal notices to all businesses that hold a license. ,~[~ ,., ,.,, ,,~,.,, .~.,, y,~,~: Failure to receive such notice will not be considered a justifiable defense for nonpayment of any fee or late fee. Sec. 30-39. Duty of officers, agents of corporation; individual liability. It shall be the duty of all officers and agents of any corporation to ensure that such corporation complies with the provisions of this article and all officers ,r-age~ of any corporation required by this article to be licensed shall be personally subject to the penalties imposed by this article where any corporation fails to pay the fee and obtain a license required by this article. It shall be the responsibility of any real estate agency, brokerage house, or other firm of any description to ensure that each agent, salesman or broker affiliated with such firm complies with timely payment of the individual tax as specified in this article, Failure to do so will subject the firm to fines as may be imposed by the code enforcement board. Sec. 30-40. The license, the Sec. 30-41. Duty of city clerk to keep records. city clerk shall keep a complete record of all licenses issued, showing the nature of the date of issuance, the date of expiration and to whom it was issued. Updating applications. The city clerk is authorized to require updated license applications. Sec. 30-42. Preservation and display of licenses. All licenses granted by the city shall be carefully preserved and displayed in a conspicuous place in the place of business authorized to be conducted by such license. Sec. 30-43. Issuance of license not prima facie evidence of ability to conduct business. All businesses are subject to city zoning restrictions. The issuance of a license under this article does not constitute the only authorization required to conduct a business in the city. It shall not give a person the legal right and authority to conduct any business in violation of any law, and in such event, no refund of the license fee shall be authorized. Sec. 30-44. No refund of fee; exception. No portion of any fee assessed by this article shall be refunded except when such fee is collected by mistake or error. Refunds shall not be made after the license period ~ · ,,~,,,~,, o,[,L~,,,~,~, .,,~ for which the erroneous payment was made has ex red. Sec. 30-45. Effect of preemption by state; obstruction of streets, sidewalks, public places. Nothing in this article shall be construed to interfere with the regulation or taxation of any person in business against whom the right of taxation has been preempted by the state or as giving to any person the right to obstruct the streets, sidewalks, or other public places in the city. 7 VIJl. O. llLlll~ O. II~,IGIi:)~, LII~;I~,J. UI~ ILl I g,,k[klll I. llg; ll~ll:~g,, Id~;LK;Illtlllg,,kl L~ UL, LILILg% ILia 'q~.JUltlUll LU O. ll~y kP~,llKTl p~-lao.lL.y IJl~JYaO~,.,o u.y lt~.vv g,/l UI kllllO, ll~-,~;,, I 11~:; uu~.,~ mu~, cease op, ei ahon Sec. 30-4--~46. Penalty for violation of article. Any person violating any of the provisions of this article shall, upon heating thereof, be subject to a fine as may be imposed by the code enforcement board. Sec. 30-4-847. Recovery of attorney's fees, etc. If the city initiates legal proceedings against any person to enforce any provision of this article, including appellate proceedings, the city shall be entitled to recover reasonable attorney's fees, court costs, and such additional costs as the court shall deem appropriate. Sec. 30-4948. City not liable for damages for losses from revocation. The city shall not be liable for any loss, monetary or otherwise, due to the revocation of a license. Revocation of license shall require the business to cease operation in the city. The revocation of license shall continue until such time as the violations that caused the revocation are certified by the city manager as having been corrected. The following shall constitute grounds for revocation of a license. (1) A determination by the city manager that any statement contained in the application for a license is false. (2) The licensee has violated city or county ordinances or laws of the state in the practice of business for which such license is issued. (3) The licensee fails to comply with zoning, fire prevention and code enforcement ordinances of the city a~er reasonable notice shall have been given to the licensee to eliminate or correct any condition in violation of such ordinances of the licensed premises. Sec. 30-5049. Special requirements for carnivals, circuses and other amusement attractions. A carnival, circus, or any amusement attraction shall meet the additional requirements listed in this section before a license will be issued: (1) File with the city clerk a sworn affidavit from the owner or lessee of the property upon which the attraction is to be held stating that permission has been granted to use the property for such purpose. (2) Furnish a bond, collateral or other security in the amount of $1,500.00 for any expense the city may incur in cleaning all rubbish and debris from the premises used by the attraction. (3) Obtain approval in writing of the zoning, fire prevention and code enforcement divisions of the city. (4) File with the city clerk a written statement from the county health department that the facilities for selling food, foodstuffs or drinks for human consumption are satisfactory. (5) File with the city clerk proof of active liability insurance in the amount of $100,000.00. (6) Furnish the city police department a list of names of all managers, employees, and all other persons connected or working with all or any portion of the attractions, their permanent address, social security numbers and any other information requested by the police chief. Sec. 30-5-1-50. Fee for businesses not specifically included in schedule. Every business, fixed or temporarily engaged in by any person, whether in a building or tent, or upon a street, vacant lot, or anywhere within the city not specifically designated in the article, shall pay a fee of$30.00 $¢07~. C_,, e,. o a Sec. 30-~r251. Fee schedule. The schedule for license fees charged in the city shall be as follows: (1) AMUSEMENT/ENTERTAINMENT: a. Bars or restaurants with entertainment for patrons Dance area in lounge or restaurant (with Council approval) Dance hall or ballroom (with Council approval) 60.00 60.00 60.00 b. Entertainment establishment or facility (permanent) Animal show or ride: First day Each additional day Arcade operators in addition to stickers Carnival - Each per week or fraction thereof Circus - Each, per day Billiards, pool Bowling alley, per year Golf Course Golf driving range Miniature golf Motion picture theater Indoor, initial screen Each additional screen Outdoor Museum Shooting galleries Parades (must be approved by city manager) Riding academy 9 60.00 60.00 60.00 30.00 30.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 30.00 60.00 60.00 60.00 60.00 60.00 Shows: For traveling shows of all kinds, except when performed in local theaters, including moving picture shows and/or vaudeville, when under tent or otherwise. (Must be approved by city manager) Per day Sports places and arenas Wrestling or boxing: to promote or hold wrestling or boxing matches c. Sightseeing vehicles, per vehicle Transportation for hire (taxi, limo, boat) d. Charter boat for fishing, diving, sightseeing, parasailing, water-taxi or similar activity Riding devices, other than coin-operated (per vehicle) e. Amusement park operator In addition, for each device, show, exhibition or other form of diversion or amusement Rinks, skating (2) COIN-OPERATED MACHINES: a. Coin-operated machines, non-laundry, per unit Any person or firm who leases or rents or places under any kind of arrangement, and coin-operated machine, except checking lockers, toilet locks and U.S. stamp machines, shall pay a fee for each machine Public scales b. Coin-operated machines, laundry, per unit Laundromat, self-service (3) FINANCIAL INSTITUTIONS: Banks Credit association/union (firm or corporation) Credit card company Loan company, broker, person, firm or corporation Savings & loans association (4) FOOD SERVICE ACTIVITIES: Delicatessen: Merchant Delicatessen, as part of another business such as a grocery store, etc. Restaurants, must provide license from the division of hotels 10 60.00 60.00 60.00 30.00 50.00 10.00 100.00 10.00 10.00 30.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 & restaurants, department of business & professional regulation (Private boardinghouse, 5 chairs or less exempt) 60.00 No seats (take out, deli, catering) Catering services 60.00 Snack bars & fast food services which maintain no seats 60.00 Drive-in, added to regular restaurant license if combined 60.00 Ice Cream & Cold Drink stand 30.00 Ice peddling vehicle, each (health department lic. req.) 30.00 Mobile truck (food vendor) 60.00 Seating (in addition to the above fees) b. Seating 1 to 15 10.00 c. Seating 16 to 40 20.00 d. Seating 41 to 60 30.00 e. Seating 61 to 120 40.00 f. Seating 121 and over 50.00 (5) GAS STATION: All gas stations, including those offering repairs and other accessory uses; does not include convenience stores a. Service station, gasoline b. Per pump 60.00 20.00 (6) HOSPITAL: Hospitals, sanitarium, or nursing home, operated for profit (must possess approval by state board of health and license from state 90.00 (7) INSURANCE: Companies writing any class of insurance upon any person or property residing or located within the city limits or risks occurring within the city limits Insurance or bonding agent (state license required) Insurance or bonding company (state license required) Insurance salesman 60.00 60.00 60.00 (8) MANUFACTURING/PROCESSING: All manufacturing or processing business TO INCLUDE: Bottling works 60.00 Custom T-Shirts 60.00 Dairies 30,00 Factories 60.00 Ice Cream Manufacturers (health department license required) 60.00 Ice Manufacturers (health department license required) 60.00 11 Manufacturer, when performed by individual 60.00 Manufacturing, other (manufacturing, producing, processing assembly of apparel and accessories, chemical & allied products, metals, glass, plastics, electronics, shell novelties and other manufacturing) 60.00 Mobile home manufacturers 60.00 Packing house (doing private order business) 60.00 Pulpwood dealers 60.00 Tire & recapping service 60.00 Boat builder 60.00 Aircraft kit 60.00 (9) NEWSPAPER OR MAGAZINE PUBLISHERS: News bureau (representing newspapers published outside of the city) a. Daily publication Newspaper (four or more published per week) b. Periodical publication Newspaper (weekly, biweekly, or monthly) 60.00 60.00 60.00 (10) RENTALS: a. Commercial property rental (mall, shopping center, or any other property owner renting or leasing space to five or more commercial Tenants, including booth tenants on a single parcel), per rental unit Apartments, each rental 5.00 Storage & warehouse, public 30.'00 Office rentals 30.00 Motel/hotel/timeshare/guest house/bed and breakfast, per unit 30.00 Boardinghouses, hotels, motels, and lodging houses Plus, per unit after first (must provide license from Division of Hotels & Restaurants, Department of Business & Professional Regulations), per room 3.00 Campground or mobile home park or trailer camp, per space Each rental unit within the park Tourist camps or courts 60.00 Each guest room (per unit) 3.00 Trailer camps, RV parks 60.00 Per space 3.00 d. Motor driven rental items (including mopeds, jetskis, tools) 60.00 Vehicles for hire (rent-a-car, courtesy car etc.) 60.00 12 Boat rental Trailer, U-Haul Aircraft e. Non-motor driven rental items (including bicycles) Equipment rental (11) RETAIL, MAIL ORDER, OR WHOLESALE SALES: Aircraft sales Appliances: stoves, refrigerators, dishwashers, dryers, air- conditioners, heating, etc, dealers or agents and service Art shops, supplies, lessons Automobiles: New/used vehicles, agency/dealer, each location Service station, does not include mechanic service Repair shop, per station Automobile parking lot (parking space rental): 2,000 sq. feet or less Over 2,000 sq. feet Auto pans, used Auto accessories Auto pans sales Bait, live Bakeries, retail or wholesale Bicycle dealer/rent and or sales Boat sales Book agents or canvassers (taking orders or selling books or magazines) resident Boot, shoe repair & shine shop Bottled water sales distributor Building materials or supply dealer Business machines: cash registers, typewriter, etc., sales, rentals and service only. Not to include office supplies Ceramic shop Cold storage, bulk storage Dealers, secondhand Fertilizer: agent or dealership Fireworks, wholesale or retail Flea market Florist Fruit & vegetable stand Furniture dealer 13 30.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 30 00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 Gas distributors: bottled 60.00 Grocery store 60.00 Gunsmith: repair & sales when in connection with another business with police department approval 60.00 Jewelry shop 60.00 Lumberyard 60.00 Mail order business, each person, company or firm, etc. 60.00 Manicurist, each 60.00 Marine supplies 60.00 Merchants, itinerant 60.00 Merchants, storekeepers, etc. 60.00 Mobile home sales 60.00 Monument & tombstones (dealer or agent for) 60.00 Mower, dealer, rental and/or sales 60.00 Newsstand 60.00 Nursery (trees, plant, shrubbery, etc.) 60.00 Office supplies and/or office furniture (with business supplies sold as adjunct to) 60.00 Security: Security & guard service, electronic surveillance, alarm systems, etc. 60.00 Photofinishing: pickup station (when operated not in connection with another business) 60.00 Photographers: Resident 30 00 Itinerant or transient 60.00 For the purpose of this subsection, an itinerant or transient photographer is defined as one who not regularly maintain his studio or place of business in the City where the work of photographing, enlarging, copying, or coloring is conducted. Each agent or canvasser or solicitor representing an itinerant photographer shall pay the license fee for solicitors under this article Popcorn or peanut stand 60.00 Safes: for sale or exchange, each agent 60.00 Satellite systems/sales or service 60.00 Seafood dealers: Wholesale 30,00 Retail 30~00 Both 60.00 Secondhand dealers (to buy or sell secondhand merchandise, clothing, furniture, etc.) 60.00 Selling (when not specifically covered herein) persons selling magazines, bibles, encyclopedias, and other publications 14 shall pay fee) 60.00 Showroom only 60.00 Sign shop 60.00 Television/VCR sales and repairs 60.00 Trading stamps: to engage in the business of selling or furnishing to merchants or others, checks, tickets or stamps, commonly known as trading stamps, on the terms of agreement to redeem them by exchange of goods, wares or merchandise for them or otherwise 60.00 Video sales and rentals 60.00 Water sales and dispenser rental 60.00 Window treatment sales and installation 60.00 (12) SERViCES: a. Professional real estate salesperson, massage therapist, or cosmetologist, per person Bath, public (turkish, swedish or mineral) or health center Financial consultant Laboratories (state license required) dental, chemical, etc. Land investment Masseur (requires state license) Midwives (no license issued until certificate issued within the year from the state board of health is submitted) Private investigator Private School Real estate appraiser Real estate broker Schools (such as dancing, business or commercial, beauty or barber, music, physical education, riding, driving, telegraph, etc.) 60.00 60.00 60.00 60.00 60.00 60.00 60.00 6O.O0 60.00 60.00 60.OO 60.00 b. Professional attorney or any other State of Florida licensed professional not listed in (12)(a) above, per person Auditors Bondsmen Dentist Directory, City (to engage in compiling city directory), required to furnish all copies required by the city Physician Professionals (attorneys, architects, opticians, computer programmers, electrologists, engineers, naturopaths, oculists, chiropractors, osteopaths, electritherapists, 15 60.00 60.00 60.00 60.00 60.00 60.00 veterinarians, and other such professionals) All other physicians and dentists Property management Psychiatrist Surgeon Surveyor (must have valid certificate of registration issued by state) Well driller c. General service provider not listed in 12a or 12b above, per business Accounting/bookkeeping/auditing firm or person, certified or non-certified Advertising: agents or agencies writing advertisements for profit Aircraft, flying schools or flight lessons Aircraft service Animal boarding Animal grooming and training Answering service Artists Astronomers, where fee is charged Auto vehicle wrecker service Auto body shop Auto repair shop Auto window tinting Bicycle repair only Blueprinting, photostat, map survey Boat builder Boat canvas sale/repair Brass & copper refinishing Burglar alarm company Bus terminal Business advisor or consultant Cabinet or carpenter shop Cabinet, carpenter, upholstery Carpet and upholstery cleaners Child care, nurseries, preschool, day care centers Claim and collection agencies Computer services Contractor: General building Street paving 16 60.00 60.00 60.00 60.00 60.0O 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.0O 60.00 60.00 60.00 60.00 60.00 60.00 60.00 30.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 House moving & wrecking Subcontractor: including but not limited to carpentry, painting, roofing, sheet metal, electrical, concrete construction, masonry, plastering, lathing, clearing, grading, etc. Copy service Custom framing Dancing schools Decorator, interior Delivery service Detective agency: fee for agency Drafting service Dressmaking shop Employment agency Express companies Exterminator, termite & pests (must provide health dept. license) Fence sales and installation Funeral home (including undertaking and embalming) (state license required) Glass, plate: installation Golf club sales and repair Handyman Hauling Contractor: per vehicle Health center (must possess approval by state board of health and license from state) Home nursing/daily living care (not professional) House and condo sitting Hypnotist: therapeutic or other than therapeutic I.D. service, cards, fingerprints Insurance adjuster Janitor & commercial cleaning service Jewelry repair Kennels, animal Land development Landscaping: except contractors, architects, engineers or florists paying a city license tax as such Laundries, dry cleaners (with plant in city, pickup station with plant in city, pickup with plant out of city, or pickup service with plant out of city) Lawn maintenance Locksmith or keysmith, each Machine shop and/or welder Maid service 17 60.0O 6O.00 60.00 60.00 60.00 60.00 60.00 60.00 6O.O0 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.O0 60.00 60.OO 60.00 60.O0 60.00 60.00 60.00 60.O0 60.O0 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 Mercantile broker/agent 60.00 Merchandise solicitors 60.00 Mobile home set-up 60.00 Mobile truck: 60.00 Auto repair 60.00 Car/mobile home washing 60.00 Equipment repairs 60.00 Mower, repair only 60.00 Muffler shop (only service offered, sale and installation of mufflers) 60.00 Piano tuner 60.00 Pressure cleaning 60.00 Printing, job printing 60.00 Printing, job printing agent (not otherwise licensed) 60.00 Public relations 60.00 Public scales, truck weighing 60.00 Radio and TV repair 60.00 Real estate broker 60.00 Real estate salesman/agent, each 60.00 Reducing salon 60.00 Repair of small appliances 60.00 Sanding and finishing of floors 60.00 Secretarial service 60.00 Security systems/alarms sales and installation 60.00 Septic tank cleaners 60.00 Sewing machine/vacuum cleaner: dealers and/or agents & service 60.00 Shoeshine parlor 30~00 Each additional seat ~ Sign painters 60.00 Solicitors and canvassers, per year 60.00 Sprinkler systems, selling and/or installing 60.00 Stenographer, public and court reporter 60.00 Stocks & bonds, broker/firm or office 60.00 Stocks & bonds, per agent or salesman 60.00 Tailors 60.00 Taxidermist 60.00 Telegraph systems and companies 60.00 Tree surgery 60.00 Typing service 60.00 Upholstery or furniture menders 60.00 Water, bottled 60.00 Welder 60.00 Window cleaning 60.00 18 Pawnbroker Fortuneteller, astrologers, astrologists, clairvoyant, mind reader, etc. Barbershop, Beauty shop: The business owner Each non-employee licensed barber Each non-employee licensed cosmetologist Each chair/station 175.00 175.00 30.00 3O,OO 3O.OO 5.00 (13) TRANSPORTATION (EXCLUDING TAXICABS AND PEDICABS) Airlines, railroad companies Truck lines: receiving and/or delivery, freight or express Vehicles, including bus service and ambulance service Ambulance service (not voluntary) Bus company Handicap Transport 60.00 150.00 90,00 60tO0 9O.OO (14) UTILITY/COMMUNICATIONS a. Telephone, gas, cable television, solid waste pickup, telegraph and similar utilities Cable television company Electric light and power company Gas companies: natural and bottled gas Telephone systems and companies Television cable systems and companies Water and Sewer 45,00 60.00 90.00 45.00 45.00 30.0,9 b. Radio stations maintaining business office within city 90 O0 (15) NON-CLASSIFIED (not otherwise mentioned) ¸19 ~ CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. ~ CONFLICT. All other Ordinances or parts of Ordinances, including Ordinance No. O-88-16, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4, SEVER.ABiLITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. ~.ECTION 5. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after its passage and adoption. The foregoing Ordinance Mayor Arthur L. Firtion was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Vice-Mayor Carolyn Corum Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Hailoran The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1995. 20 ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor 21 I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the __ day of , 199.~, and the following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and content: Clifton A. McClelland, Jr., City Attorney 22 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: PROPOSED AMENDMENT TO LAND DEVELOPMENT CODE SECTION 20A-3.8(A)D(8) REGARDING C-512 LANDSCAPE REQUIREMENTS Approved For Submittal By: City Manager ~/ Agenda Number: Dept. Origin: Communit~_pevelopment (BC Date Submitted: 04/18/95 For Agenda Of: 04/26/95 Exhibits: 1. Planning & Zoning memo dated 3/17/95 2. Section 20A-3.8(A)D(8) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their regular meeting of March 16, 1995, the Planning and Zoning Commission recommended City Council change the wording in the Section 20- 3.8(A)D(8) to the following: "Real yard landscape requirements: A rear yard buffer strip shall be required pursuant to subsection 20A-10.2F in order to provide satisfactory screening of the district from residentially zoned property." Ail of the commercial lots in the C-512 zoning district have an alleyway/ utility road that runs along the rear of the properties. It can now be argued that these lots do not technically "abut." a residential district, and therefore do not require the rear buffer strip. The recommendation b' the Planning and Zoning Commission is to eliminate the word "abutting" from the existing section (see attached) to clarify the intent of the code. Staff would also suggest that the word "Real", which is obviously a typographical error, be corrected to "Rear". RECOMMENDED ACTION Move to direct the City AEtorney to prepare an ordinance amending 20A-3.8(A)D(8) of the Land Development Code to the following: "Rear yard landscape requirements: A rear yard buffer strip shall be required pursuant to subsection 20A-10.2F in order to provide satisfactory screening of the district from residentially zoned property." ! Sectiln City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM= REFERENCE March 17, 1995 Mayor, City Council Dorri Bosworth, Secretar~,~'- Planning and Zoning Commission Amendment to Section 20A-3.8(A).D.8 - Required Landscaping for the C-512 District At its regular meeting of March 16, 1995, the Planning and Zoning Commission passed a motion 7-0 recommending to City Council to amend the above referenced section of Sebastian's Land Development Code. It states "Real yard landscape requirements: A rear yard buffer strip shall be required pursuant to subsection 20A-10.2.F. in order to provide satisfactory screening of the district from abutting residentially zoned property". The intent of the recommendation is to remove any ambiguity regarding the requirement of the rear yard buffer strip along "abutting" residential properties. Because of the alleyway/utility road that runs behind most of the commercial lots, they do not actually abut the residential properties. The Planning and Zoning Commission's recommendation is to only remove the word "abutting" from the requirement. LEGAL BASIS AND GENEIL~L PROVISIONS § 20A-3.8(A). (b) All other front yards: 10 feet. (c) Side yard: None if the building is built to the side property line(s); otherwise a minimum of 10 feet. (d)Rear yard: 10 feet. (Ord. No. 0-93-01, § 20, 2-24-93) 6. Maximum building coverage: 35 percent 7. Minimum open space (pervious surface): 20 percent. 8. Real yard landscape requirements: A rear yard buffer strip shall be required pursuant to subsection 20A-10.2F. in order to provide satisfactory screening of the district from abut. ting residentially zoned property. E. Unified control of land. Ail development proposals having C-512 designation must demonstrate that all land within the project is held under common ownership whether the proposal is submitted by an individual, a trust, a joint venture, an associa- tion, a limited liability company, a partnership or a corporation. F. Mandatory compliance with master parking' and curb cut control plan (MPCCCP). The MPCCCP is hereby adopted by ref- erence and shall apply to all developments within the C-512 dis- trict (see Appendix B). G. Expansion of uses to adjacent lot(s). An existing permitted land use within the C-512 district may be expanded to an adjacent lot or lots of less than one hundred twenty (120) feet width pro- viding that the following conditions are met and the site plan for the expansion is approved by the planning and zoning commis- sion: 1. The subject lot or lots shall be under unified control with the adjoining subject developed properties pursuant to sub- section 20A-3.SA(E); 2. Ail such extensions must be constructed as a contiguous extension to an existing structure on the adjoining lot. 3. The proposed development shall comply with all codes and ordinances of the City'of Sebastian and reasonable condi- -- tions affixed to the site plan by the planning and zoning commission and/or the city council. Supp. No. 16 137 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: PROPOSED LAND USE AND ZONING AMENDMENT FOR SEBASTIAN CHRISTIAN CHURCH Approved For Submittal By: City Manager Agenda Number: Dept. Origin: Community_Development Date Submitted: 4/17/95 For Agenda Of: 4/26/95 Exhibits: 1. Application for Land Use Chang, 2. Application for Zoning Change 3. Area Map 4. Planning & Zoning Commission recommendation of 4/7/95 5. Section 20A-11.6C of LDC 6. Section 20A-11.8C of LDC 7. Policy 1-2.1.3 of the Comp Pla] (Goals, Objectives & Policies) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Application has been made by the Sebastian Christian Church regarding Tract F, Sebastian Highlands Unit 17 to change the land use designation from INS (Institutional) to LDR (Low Density Residential) and to change the zoning from PS (Public Service) to RS-10 (Single Family Residential) Attached is a vicinity map depicting Tract F. With the exception of Pelican Island Elementary and Tract E, the area is zoned RS-10. The applicant has provided a recorded warranty deed, certified survey with legal description, names and addresses of the surrounding property owner~ within 300 feet of the boundary lines, and paid all required fees. This information is on file and available for public review in the Community Development Department. . ! Page 2 At its regular meeting of April 6, 1995, the Planning and Zoning Commission held a public hearing and reviewed the applications for · compliance with Sections 20A-11.6C and 20A-11.8C of the Land Developmel Code (see attached). Section 20A-11.6C of the Land Development Code outlines the criteria which the Planning and Zoning Commission must · consider when determining their recommendation to City Council regardir the change in zoning. Section 20A-11.8C outlines the criteria to be considered for the land use amendment. As you will note, these are basically the same and have been reviewed as follows: 1. Consistency with Plan. The proposed changes would be consistent with the Comprehensive Plan. Refer to Policy 1-2.1.3 of the Comprehensive Plan Goals, Objectives and Policies, which is attached. sectio~ 2. Conformance with Ordinances. The proposal would conform to existing ordinances and would not require amendments to any ordinances of the City. 3. Ch~ Conditions. No particular land use or development conditions have changed. 4. Land Use Compatibility. The proposed changes would not result in any incompatible land use. A site plan has been approved for a church which will be located on a portion of Tract F. This is a conditional use in both the existing PS zoning and the proposed RS-10 zoning districts. 5. Adequate Public Facilities. The applicant plans to retain a portion of Tract F for their church site and subdivide the remaining portion into three single-family lots. This would have very little effect on the existing and proposed public Page 3 facilities and services in this area. Currently public water is available. An 8" force main (sewer) is presently located along Schumann Drive in this vicinity. 6. Natural Environment. The proposal appears to present no adverse impacts on the natural environment. 7. Economic Effects. The zoning and land use changes should not affect the property values in the area, nor the general welfare or impact the financial resources of the City. 8. Orderly Development. The changes would not appear to cause any negative effect on the orderly and local development pattern. 9. Public Interest; Enabling Act. The proposal is not in conflict with the public interest. 10. Other Matters. No other matters were addressed. Having found no areas of concern, the Planning and Zoning Commission recommends that City Council approve the land use and zoning amendments. Pursuant to Section 20A-11.6D and Section 20A-11.8D, the City Council should review and consider the petitions. If tentatively approved, Council should then direct the City Attorney to prepare the ordinances set the public hearing. RECOMMENDED ACTION Review proposed land use and zoning amendments. If City Council tentatively approves the amendments, direct City Attorney to prepare the appropriate ordinances and set the public hearing. APPLICATION FOR AMENDMENT OF LAND USE DESIGNATION CITY OF SEBASTIAN PLANNING AND.~-ZONING DEPARTMENT 1225 MAIN STREET, SEBASTIAN, This :~ppl;~6~'ti'on mU~t~ be' completeduhnda~grned, with all enclo%ures?~Leferred t0 'h~rein,~'t0"]~'tha'jP:ian~'in9 and Zoning" Board~ec~(~ 'one week befor~-'th'e/s6h&~'~led meeting. This ~pl~lica[~n will then be referred']['~"~Jthe Planning and ZouiD9 Board'.'f/or~.tudy and reco~endatio'ns", ,PHONE: ADDRESS: EXISTING LAND USE DESIGNATION:i. REQUESTED LAND USE DESIGNATION: ~- REASON IFOR PETITION? ~LI..--L~-l- -~gN35-~-lF-O~'~-~OP00~,i'~l~tJFc~J%~ i .i ACRES TO BE REDESIGNA'I'ED: ~ ~,, Tile l:'ObkOW~N6 AT?AClIMENT SliAbb aCCOMPANY TNS APPLICATION: 1)A~b 3) ~Jh- If the property in question is not'.<owned by the applicant, a notarized A£fidavid of Ownershipi'.imust accompany tile application giving the consen[?{[.of each owner to the applicant to apply for a. ~'land use change. A copy of the owner's deed must iaccompany each copy of A certified survey of the area, ifl'lnot platted. X Ill: 4). ~,. The legal description of the parcel(s) proposed ' to be changed.... Ill 5)ff~_ A drawing or map showing the zoning classifications of all parcels of adjacent land within 300 feet of the subject property. ~ I ~ll~ Il 'l '~ WAIVER AND CONSENT ~~ the owner(s) of the property located at , S~st%an, Indian River County, Florida, (the "Property"), hereby authorize e~ch and every member of the Board/Commis§~o~ of the. City of Sebastian (the "Board"/"Commlsslon") to physically enter upon the property and view the Property in connection with my/our pending (the "Proceeding"). ~ I/We hereby waive any objection or defense I/we may have, due to the quasi-judicial nature of. the pr~ce~ding, resulting from any Board/Commission member entering or viewing the property, including any claim or assertion that my/our procedural or substantive due process rights under the Florida Constitution or the United States Constitution were violated by such entering or viewing. Thcs--Waiver and Consent is being signed bySSus voluntarily and not as a result of any coercion applied, or~romises made, by any employee, agent, contractor or offi~al of the City of Sebastian. . SWORN to and subscribed before me this ~ day of N~ t~af~ Public My Commission ........... LOIS A. SLATTERY .:.... .:; MY COMMISSION # C¢3290~0 EXPIRES ~NO~O ~RU TROY I~AIN INaURAN~, INC. I I (2) 6) Names and addresses of surrounding property owners within 300 ft of the boundary lines. 7) A check, money order or cash in the amount-of made payable to the City of Sebastian. FEE SCIIEDULE $225.00 $500.00 $750.00 less than 5 acres 5 - 100 acres more than 100 acres The undersigned understands that this application must be complete and accurate before consideration by the Planning and Zoning Board of the City of Sebastian. STATE OF ~D~;~2~- COUNTY OF i~] ~/~F,ot~ ~,~ I, ~]' ~JJ~ /~S ,BEING FIRST DULY SWORN, DEPOSE ~Nb ~A~ ~HA~: I AM THE OWNER ~ I AM THE LEGAL RESPRESENTATIVE OF THE OWNER OF TIlE PROPERTY DESCRIBED WIIICH IS TIlE SUBJECT MATTER OF THIS APPLICATION, THAT ALL TIlE ANSWERS TO TIlE QUESTIONS IN SAID APPLICATION AND ALL SKETCIIES AND DATA AND MATTER ATTACHED TO AND MADE A PART' OF' SAID APPLICATION ARE IIONEST AND TRUE TO THE BEST OF MY SIGNATURE SWORN TO AND SUBSCRIBED BEFORE ME, THIS ____~_L~DAY OF 19__~. NOTARY: ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A PRE-APPLICATION CONFERENCE T][ROUGI[ 7'lIE PLANNING AND ZONING STAFF SECRETARY PRIOR TO THE APPLICATION TO RESOLVE OR AVOID PROBLEMS CONNECTED WIT|{. THE PROPOSAL. APPLICATION FOR ZONING CHANGE CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT TELEPHONE, 589-5330 This application must be completed and returned, with ali enclosures referred to herein, to the Planiling and Zoning Board S~cretary one week before tile scheduled meeting. This application will then be referred to the Planning and Zoning Board for study and recommendations. DATE RECEIVED, /1-g9-¢~ APPLICANT, 5~-~ .~-/~ ~I~T]~r~/C/~P%~C~L~ PtiONE, ADDRESS, ~.~-~6"~ 7~f_OSiOi ~~%-f/~fq2 ~ OWNER, . ~~ PI{ONE, DATE ACCEPTED ADDRESS~ EXISTING ZONING, REQUESTED ZON: NG, I LAND USE CLASSIFICATION~ ROPOSED US , kCRES TO BE REZONED, REASON PETITION? ARE ANY STRUCTURES NOW LOCATED ON TIlE PROPERTY? ./('/.d~ e TIlE FOLLOWING ATTACIIMENTS StlALL ACCOMPANY TIlE APPLICATION i 1) /%,'A If the property in question is not owned by the applicant, a notarized Affidavit of Ownership must accompany the applicatlo~ giving, the consent of each owner to the applicant to apply for a land use chan~e. 2) ~_ A copy of the owner's deed must accompany each copy Of this applica__t i. on. 3) A certified survey of the area, if not platted. I 4) ~ The legal description of tile parcel(s) proposed ~ to be rezoned. 5) ~ A drawing or map showing the zoning classifications of all parcels of adjacent land within 300 feet of the subject property. . 6) ! Names and addresses of surrounding property owners - within 300 ft of the boundary lines. 7) _ A check, money order or cash in the amount of $ FEE SCllEDULE less than 5 acres ' $225.00 5 - 100 acres $500.00 more than 100 acres $750.00 The undersigned understands that this application must be complete and accurate before consideration by the Planning · and Zoning Board of the City of Sebastian. STATE OF ~L0~iD~ COUNTY OF ~b(~ DEP5~E AND SAY THAT, "- I AM TIlE OWNER AM TIlE LEGAL RESPRESENTATIVE ~F TIlE OWNER OF TIlE 'PRO~ER~ ' DESCRIBED WIlICII IS TIlE SUBJECT MATTER OF Tills APPLICATION, TI[AT ALL T~[E ANSWERS TO TIlE QUESTIONS IN SAID APPLICATION AND ALL SKETC[[ES AND DATA AND MATTER ATTACIiED TO AND MADE A PART SI~NA~URE 'to Z/. r OF ALI, APPI, ICANTS ARE ENCOURAGED TO SCHEDULE A PRE-APPLICATION CONFERENCE 'F}[ROUG[[ T}[E PLANNING AND ZONING STAFF SECRETARY PRIOR TO TIlE APPLICATION TO RESOLVE OR AVOID PROBLEMS CONNEC'rED WiTII TIlE PROPOSAL. WAIVER AND CONSENT I/We, the owner(s) of the property located at , Sebastian, Indian River County, Florida, (the "Property"), hereby authorize each and every member of the Board/CommisI~ion of the City of Sebastian (the ,,Board"/"Commission") to physically enter upon the property and view the Property in connection with my/our pending (the "Proceeding"). i/We hereby waive any objection or defense I/we may have, due to the quasi-judicial nature of the proceeding, resulting from any Board/Commission member entering or viewing the property, including any claim or assertion that my/our procedural or substantive due process rights under the Florida Constitution or the United States Constitution were violated by such entering or viewing. This Waiver and Consent is being signed by me/us voluntarily'and not as a result of any coercion applied, or promises made, by any employee, agent, contractor or official of the City of Sebastian. Dated this day of SWORN to and subscribed before me this day , 19 of My Commission Expires: Notary Public ! TRACT J CITY lIMITS City of Sebastian ...... 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 i TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: April 7, 1995 Mayor, City Council Dorri Bosworth, Secreta .~/-~.~ Planning and Zoning Commission Proposed Zoning and Land Use Change At its regular meeting of April 6, 1995, the Planning and Zoning Commission passed a motion to recommend to City Council to approve a Zoning change from PS (Public Service) to RS-10 (Single-Family Residential), and a Land Use change from INS (Institutional) to LDR (Low Density Residential) for Tract F of Sebastian Highlands Unit 17. The applicant is the Sebastian Christian Church. The proposed change in zoning and land use will allow for possible future sales of property, which in turn will be used to fund their new church. § 20A-11.6. SEBASTIAN LAND DEVELOPMENT CODE Property owner(s). An amendment to the zoning ordinance may be initiated by a petition signed by a property owner, or the property owner's authorized agent. Such petition shall be submitted to the office of the city clerk together with a fee as shall be determi~ed by resolution of the city council. As may lots or parcels of property as the applicant may desire may be included in any single petition if they constitute one contiguous [parcel]. The petition shall be submitted on an application form prescribed by the city clerk. The application shall include, but not be limited to, the following: (a) Property description. The application shall describe by legal description and by street address, where possi- ble, the property to be affected by the proposed change. (b) Current and proposed comprehensive plan land use map designation. The current and proposed compre- hensive plan land use map designation for the subject property shall be identified. (c) Current and proposed zoning. The current and pro- posed zoning for the subject property shall be identified. (d) Existing and proposed use. The existing and proposed use of the subject property shall be stated. (e) Disclosure of ownership. The application shall include a verified statement showing each and every individ- ual person having a legal and/or equitable ownership interest in the property upon which the application for rezoning is sought, except publicly held corporations, in which case the names and addresses of the corpo- rate officers shall be sufficient. B. Administrative review. The city clerk shall forward zoning change petitions, for which appropriate fees have been submit- ted, to all appropriate administrative staff for their review and comment. The application shall be reviewed for conformance with the requirements of this chapter. C. . Planning and zonin£ commission review. The planning and zoning commission, regardless of the source of the proposed zone change petition, shall hold a public hearing(s) thereon, with due public notice. The planning and zoning commission shall submit 766 LEGAL BASIS AND GENERAL PROVISIONS § 20A-11.6. a written report and recommendation concerning the proposed change of zoning to the city council for official action. If the planning and zoning commission denies the requested zone change or amendment, this action shall be deemed final unless such action is appealed to the city council pursuant to subsection 20A-11.3(CX4). In its deliberations the planning and zoning com- mission shall consider the following criteria: 1. Consistency with plan. Whether the proposal is consistent with the comprehensive plan. Any inconsistencies shall be identified by the commission. 2. Conformance with ordinances. Whether the proposal is in conformance with any applicable substantive requirements of the City of Sebastian Code of Ordinances. 3. Changed conditions. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the amendment. 4. Land use compatibility. Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved. 5. Adequate public facilities. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency ser- vices, and similar necessary facilities and services. 6. Natural environment. Whether, and to the extent to which, the proposal would result in significantly adverse impacts on the natural environment. 7. Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, or the general welfare. 8. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such pattern shall be identified. 9. Public interest; enabling act. Whether the proposal would be in conflict with the public interest, and whether it is in 767 § 20A.11.6. SEBASTIAN LAND DEVELOPMENT CODE harmony with the purpose and interest of this ordinance and its enabling legislation. 10. Other matters. Other matters which the planning and zon- ing commission may deem appropriate. D. Action following reviews by city planning and zoning com- mission. If an appeal to a decision of the planning and zoning commission is filed, the city clerk shall transmit copies of the petition, the comments and the minutes of the planning and zoning commission meeting to each member of the city council at least seven (7) days before the council shall consider the appeal. The city clerk shall notify the applicant of the time and place of the meeting at which the council will hear the appeal. Should the council tentatively approve the petition, the city council will proceed to hold a public hearing(s) on the petition. Should the planning and zoning commission approve the peti- tion, the city clerk shall transmit copies of the petition, all com- ments and the minutes of the planning and zoning commission meeting to each member of the council at least seven (7) days before the council shall consider the petition. Should the council tentatively approve the petition, public hearing(s) shall be held on the petition. E. City council review. The city council shall hold a public hearing on the requested zone change petition or amendment, with due public notice, if any change is to be considered and shall then act on the proposed change. An affirmative vote of three (3) members of the city council is required for favorable action on a zone change petition or amendment for which the planning and zoning commission has recommended denial. In its deliberations the city council shall consider the criteria identified in section 20A-11.6(C) above together with the findings and recommenda- tions of the planning and zoning commission. Any modifications or revisions to the planning and zoning commission's recommen- dation which involve a greater area of land to be rezoned or a more intensive zoning classification shall be the subject of an additional public hearing before the city council with due notice prior to action by the city council. 768 LEGAL BASIS AND GENERAL PROVISIONS § 20A~11.8. No application under this section shall be reviewed by staff or any board, commission or the city council until such application is fully completed and submitted with the ap- propriate fee. B. Administrative review. The city clerk shall forward comprer hensive plan amendment applications to all appropriate admin- istrative staff for their review and comment. The application shall be reviewed for conformance with the requirements of this chapter. C. Planning and zoning commission review. The planning and zoning commission, regardless of the source of the proposed com- prehensive plan amendment, shall hold a public hearing thereon, with due public notice. The planning and zoning commission shall submit a written report and recommendation concerning the pro- posed comprehensive plan amendment to the city council for of- ficial action. In its deliberation, the planning and zoning commis- sion shall consider the following criteria: 1. Consistency with other elements of plan~ Whether the pro- posal is consistent with the other elements of the compre- hensive plan. Any inconsistency shall be identified by the commission. 2. Conformance with ordinances. Whether the proposal is in conformance with any applicable substantive requirements of the city of Sebastian Code of Ordinances, particularly the land development code, and/or whether the proposed amendment will require amendments to any ordinances of the city. 3. Changed conditions. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the proposed amendment. 4. Land use compatibility. Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved. 5. Adequate public facilities. Whether, and the extent to which, the proposal would result in public facilities and services exceeding the capacity for such services and facilities ex- Supp. No. 15 771 § 20A-11.8. SEBASTIAN LAND DEVELOPMENT isting or programmed, including transpo,'tation, utilities, drainage, recreation, education, emergency services and similar necessary facilities and services. 6. Natvral e~vironment. Whether, and the extent to which, the proposal would result in significantly adverse impacts on the natural environment. 7. Eco~omic effects. Whether, and the extent to which, the p,-oposal would adversely affect the property values in the area, the general health, safety and welfare and impact the financial resources of the city. 8. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such patterns shall be identified. 9. Public interest enabling act. Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and intent of this chapter and its enabling legislation. 10. Other matters. Other matters which the planning and zoning commission may deem appropriate. D. Action following reviews by city planning and zoning com- mission. Aflmr review of the proposed comprehensive plan amend- ment, and the revision relating to thereto, hhe city clerk shall place the proposed amendment, with comments from the plan- ning and zoning commission, on the next available meeting agenda for city council review and possible direction from city council to the city attorney for preparation of an ordinance. The applicant shall be advised of the time and place of the city council meeting. After an ordinance has been prepared by the city attorney, the city clerk shall schedule the first reading of the ordinance re- garding the proposed comprehensive plan amendment on the next regularly scheduled council meeting. The first reading shall be a public hearing, at which time the city council will consider ap- proval of the ordinance and whether to submit the proposed amendment to the Department of Community Affairs, State of Florida (DCA) for review and comments. Notice of the first public hearing shall be as required by general or special law. Supp. No. 15 772 residential land abuts other natural floodplains or wetlands, the land development regulations shall provide performance standards and/or criteria which may further restrict the character of land for which density credit may be granted. The intent is to allocate density credits only to those lands which are buildable pursuant to urban design criteria. These criteria shall be incorporated within the land development regulations. Density is expressed in terms of a range up to a specified maximum. Where so stated as a range, the maximum density is not guaranteed by right. Subdivision, 'zoning and site plan review criteria and procedures shall assure that specific density assigned to new development is compatible and consistent with established residential development patterns and provides equitable use of the land. Criteria to be considered in allocating density shall include, but not be limited to, the following: ao go Protect the integrity and stability of established residential areas; Assure smooth transition in residential densities; Require application of sound landscaping and urban design principles and practices; Protect environmentally sensitive areas; Minimize the impact of flood hazards; Coordinate with Indian River County as well as appropriate state and regional agencies charged with managing land and water resources; and Provide reasonable use of the land. Policy. 1-2.1.3: Low Density Resi.d.ential De.v..elopment (LDR). Areas delineated on the Future Land Use Map for low density residential development shall accommodate residential development 'with a maximum density of up to five (5) dwelling units per acre and shall be comprised primarily of single family detached homes on individual lots. Specific densities will be determined by such factors as natural features of the land, density and/or intensity of developed and/or undeveloped land surrounding development, level of .accessibility, housing supply and demand, adequacy of public facilities, consumer preference and other factors which may be identified in the land development regulations. Supportive community facilities and accessory land uses may be located within areas designated for single family Iow density residential uses. The land development regulations shall provide regulatory procedures for considering such uses. The low density designation is established to protect: ° the quality and character of existing low density single family neighborhoods; o preserve open space; o encourage densities which are compatible with existing and anticipated future developments; ° promote compatibility with natural features of the land; and, ° minimize burden on existing and projected supportive public services and facilities within the area. Policy 1-2.1,4; Medium'.D_e. nsitv Residential Develot~ment i~MDR). Areas delineated o~///~ '~ the Fu~ure ~I_,and Use Map for medium density residentihl deveiopment shall be developer, s, redeveloped and/or maintained as stable medium density residential neighborhoods. Medium_----~