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06141995
City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 14, 1995 FOLLOWING WORKSHOP CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 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- limff often minutes per speaker (R-95-23) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 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 (R-95-23) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS newno. Proclamation - Florida Sesquicentennial - Requested by AARP - Accepted by Kay Rogers 7. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (R-95-23) is as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input Staff Summation Mayor Closes Hearing Council A etlon 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 City Council. 95.047 ORDINANCE NO. 0-95-09 - Refuse Collection Franchise Agreement (? Transmittal dated .9, O-95-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO R & R CORPORATE SYSTEMS, INC., dgo/a CAPITAL SANITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING FOR SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/24/95, Advertised Legal Notices 5/31/95, PH 6/14/95) 2 95.043 ORDINANCE NO. 0-95-11 - Occupational Licenses Fees (City Clerk Transmittal dated ?, 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. (lst Reading 4/26/95, Advertised Legal Notices w/Fees 5/26/95, PH 6/14/95) 95.099/ 94.282 ORDINANCE NO. O-95-13 - Annexation - U.S. 1 - Three Parcels - Four Acres (? Transmittal dated ?, any other backup?, O-95-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING A PARCEL OF LAND LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 5/24/95, Advertised Legal Notices w/Map 5/31/95 and 6/7/95, PH 6/14/95) 8. OUASI-JUDICIAL HEARING. FINAL ACTION Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-94-54): · Mayor Opens Hearing ° Clerk Administers Oath ° StaffPresentation ° Affected Parties May Question Staff ° Applicant's Presentation - 15 Minutes ° Proponents' Presentation - 3 Minutes* ° Inquiry of Applicants ° Opponents' Presentation - Affected 15 Minutes - Other 3 Minutes* · Inquiry of Opponents · Informational Testimony - 3 Minutes* · Inquiry of Informational Witnesses · Mayor Closes Public Information Period ° StaffResponse and Summary ° Applicant's Rebuttal - 10 Minutes · Board and Stafflnquiry · If representing group of 5 or more - may take up to 10 minutes 95.099/ 94.282 ORDINANCE NO. O-94-14 - Comprehensive Land Use Plan Amendment - U.S. 1 - Three Parcels - Four Acres (Director of Community Development Transmittal dated 6/5/95, Memo from DCA 6/5/95, O-94-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING ORDINANCE NO. O-91-17; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY RM-2 DISTRICT (MULTI-FAMILY, 10 UNITS PER ACRE) TO CITY CG DISTRICT (COMMERCIAL GENERAL) FOR LAND LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY. SUBJECT LAND iS COMPRISED OF THREE PARCELS WHICH TOTAL 4.0 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERN MOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND IS APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY. (Advertised 1/4 Page 12/12/94, Letter Mailed 1st Reading and 1st Quasi-Judicial Hearing 12/21/94, Transmitted to DCA, 1/4 Page 6/7/94, Letters Mailed 5/24/95, 2nd Quasi-Judicial Hearing 6/14/95) 4 95.099/ 94.282 95.084 ORDINANCE NO. O-95-14 - Rezoning - U.S. 1 - Three Parcels - Four Acres (? Transmittal dated ?, any other backup?, 0-95-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY, FROM INDIAN RIVER COUNTY RM-6 (RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE) TO CG (GENERAL COMMERCIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 5/24/95, Advertised Legal Notices 5/31/95, Letters Mailed to Property Owners 5/24/95, Quasi-Judicial Hearing 6/14/95) ORDINANCE NO. O-95-15 - Tract F, Sebastian Christian Church Comprehensive Land Use Plan (? Transmittal dated ?, any other backup?, 0-95-18) 1st Quasi-dudicial Hearing and Transmittal to DCA City Council Intends to Conduct a Second Public Hearing Upon Return from DCA AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN AND THE COMPREHENSIVE LAND USE PLAN MAP; CHANGING TRACT F IN SEBASTIAN HIGHLANDS UNIT 17 IN THE CITY OF SEBASTIAN, CONTAINING APPROXIMATELY THREE ACRES, MORE OR LESS FROM INS (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL); AMENDING ORDINANCE NO. O- 91-17; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Advertised 1/4 page 6/5/95, 1st Reading and 1st Quasi-Judicial Hearing 6~14~95for Transmittal to DCA) CONSENT AGENDA ~iH 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. A. Approval of Minutes - 5/24/95 Workshop, 5/24/95 Regular Meeting newno Local Option Gas Tax Distribution - Authorize City Manager and City Clerk to Execute Interlocal Agreement with Indian River County (City Manager Transmittal dated 6/5/95, Davis Letter dated 5/31/95, Tax Distribution Formula, Agreement) old/new Renew Use Agreement Between Humane Society of Indian River County and City of Sebastian - Barber Street Sports Complex as Animal Compound in the Event of Hurricane or Natural Disaster (Humane Society Letter dated 5/16/95, Use Agreement) newno Rotary Club - Request Use of Community Center - Turkey Raffle Fundraiser - 11/17/95, 6 pm to 10 pm - A/B and Admission Fee - Permittee DOB - Security Paid (City Clerk Transmittal dated 5/11/95, Application) NEW Maxi Parsons Wedding Reception - Request Use of Yacht Club - 6/24/95 - 1 pm to 5 pm - A/B - Permittee DOB 6/24/95 - Security Paid (City Clerk Transmittal dated 5/23/95, Application) newno Associates of Sebastian Kmart - Request of Riverview Park - Company Picnic - 6/25/95 - Use of Electricity - Standard Conditions (Director of Community Development Transmittal dated 6/5/95, LaCivita Letter dated 5/20/95) 10. PRESENTATIONS - None 11. COMMITTEE REPORTS/RECOMMENDATIONS NEW Sebastian River Area Chamber of Commerce - Report by Don Bauer Re: Welcome Signs Located at City Entrances - Requested by Alternate Liaison Norma Damp (No Backup) 6 12. OLD BUSINESS - None 13. NEW BUSINESS oldno. Rank General Engineering Consultants and Direct City Manager to Begin Negotiations 95.029 ORDINANCE NO. O-95-03 - Revised - Restricting Parking in Residential Districts and on Street Rights-of-Way (? Transmittal dated ?, 0-95-03) 1st Reading, Set Public Hearing 7/12/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRICTING PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 11/2/94, 1st Draft Reviewed 2/1/95, 1st Reading 6/14/95) 95.013 ORDINANCE NO. 0-95-19 -Accessory Buildings (? Transmittal dated ?, 0-95-19) 1st Reading, Set Public Hearing 7/12/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, REGULATING ACCESSORY BUILDINGS, PROVIDING DEFINITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/24/95,) 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 15. 16. 17. 18. CITY COUNCIL MATTERS A. Mayor Arthur Firtion B. Vice Mayor Carolyn Corem C. Mrs. Louise Cartwfi~t D. Mrs. Norma Damp E. Mr. Raymond Halloran CITY ATTORNEY MATTERS CITY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (0 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 i 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407.,~8a5~0 ~J..)2~"~FA .X (407)589-5570 I SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, JUNE 14, 1995 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for action. Substantive decisions may not be made at workshops. CALL TO ORDER PLEDGE OF ALLEGIANCE 3. ROLL CALL o AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present WORKSHOP ITEMS A. General Engineering Consultant Presentations (No Backup) 6. ADJOURN ANY PERSON I4qlO DECIDES TO APPEAL AR7 DECISIONMADE 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. I City of Sebastian 1225 MAiN STREET = SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 14, 1995 FOLLOWING 6:30 P.M. WORKSHOP CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the Ci~. Council with respect to agenda items immediately prior to deliberation of the item by the Ci~. Council if th~. have signed the sign-up sheet provided prior to the meeting - limit of ten minutes per speaker (R-95-23) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Tom Kempf- Riverside Assembly of God 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (2R-95-23) 95.104 PG 1 95.O47 PGS 3-33 PROCLAMATIONS AND/OR ANNOUNCEMENTS Proclamation - Florida Sesquicentennial - Requested by AARP - Accepted by Kay Rogers PUBLIC HEARING. FINAL ACTIOIN The normal order of business for public hearings (R-95-23) is as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input Staff Summation Mayor Closes Hearing Council A ction Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record lgrior to addressing City Council. ORDINANCE NO. 0-95~0.,9 - Refuse Collection Franchise Agreement (0-95-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESDENTIAL SOLID WASTE COLLECTION FRANCHISE TO R & R CORPORATE SYSTEMS, INC., d/b/a CAPITAL SANITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE; PROVDING FOR CONFLICTS; PROVIDING FOR CODiFICATION; PROVDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES AND PROVDING FOR AN EFFECTIVE DATE. (Jst Reading 5/24/95, Advertised Legal Notices 5/31/95, PH 6/14/95) 2 95.043 PGS 35-57 95.099/ 94.282 PGS 59-65 B. ORDiNANCE NO. O-95-11 - Occupational Licenses Fees (City Clerk Transmittal dated 6/7/95, O-95-1I) 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 SEVEKABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (ist Reading 4/26/95, Advertised Legal Notices w/Fees 5/26/95, PH 6/14/95) C. ORDINANCE NO. O-95-13 - Annexation - U.S. 1 - Three Parcels - Four Acres (Director of Community Development Transmittal dated 6/6/95, O-95-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING A pARCEL OF LAND LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THR3EE pARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ( lst Reading 5/24/95, Advertised Legal Notices w/Map 5/31/95 and 6/7/95, PPI 6/I 4/95) · Board and StaffInquiry · If representing group of 5 or more - may take up to ]0 minutes 95.099/ 94.282 PGS 67-80 I OUASI~JUDICiAL HEARING. FINAL ACTION Procedures for Quasi-,ludicial Hearings as Follows (In accordance with R-94-.541 Mayor Opens Hearing Clerk Administers Oath Staff Presentation I Affected Parties May Question Staff Applicant's Presentation - 15 Minutes Proponents' Presentation - 3 Minutes* Inquiry of Applicants Opponents' Presentation ~ Affected 15 Minutes - Other 3 Minutes* I Inquiry of Opponents Informational Testimony - 3 Minutes* Inquiry of Informational l/r'itnesses i Mayor Closes Public information Period Staff Response and Summary Applicant's Rebuttal - ] 0 Minutes I ORDINANCE NO. 0-94-14 - Comprehensive Land Use Plan Amendment - U.S. 1 - Three Parcels - Four Acres (Director of Community Development Transmittal dated 6/5/95, Memo from DCA 6/5/95, 0-94-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING ORDINANCE NO. O-91-17; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY M-2 DISTRICT (MULTI-FAMILY, 10 UNITS PER ACRE) TO CITY CG DISTRICT (COMMERCIAL GENERAL) FOR LAND LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY. SUBJECT LAND IS COMPRISED OF THREE PARCELS WHICH TOTAL 4.0 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERN MOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND IS APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY. (Advertised 1/4 Page !2/12/94, Letter Mailed ]st Reading and Jst Quasi-Judicial Hearing 12/21/94, Transmitted to DCA, 1/4 Page 6/7/94, Letters Mailed 5/24/95, 2nd Ouasi-Judicial Hearing 6/.14/95) ~ 95.099/ 94.282 PGS 81-87 95.084 PGS 89-106 ORDINANCE NO. O-95-14 - Rezoning - U.S. 1 - Three Parcels - Four Acres (Director of Community Development Transmittal dated 6/6/95, O-95-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY, FROM INDIAN RIVER COUNTY RM-6 (RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE) TO CO (GENERAL COMk~RCIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING AN EFFECTIVE DATE. (]st Reading 5/24/95, Advertised Legal Notices 5/31/95, Letters Mailed to Property Owners 5/24/95, Quasi-Judicial Hearing 6/14/95,) ORDINANCE NO. O-95-15 - Tract F, Sebastian Christian Church Comprehensive Land Use Plan (Director of Community Transmittal dated 6/5/95, O-95-15, Application for Land Use Change, Area Map, 4/7/95 P & Z Recommendation, 20A-11.6C LDC, 20A-11.8C LDC, Comp Plan Policy 1-2.1.3) I st Quasi-Judicial Hearing and Transmittal to DCA - City Council Intends to Conduct a Second Public Hearing Upon Return from DCA AN ORDINANCE OF TIlE CiTY OF SEBASTIAN, INDIAN RIVER COtJNTY, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN AND THE COMPREHENSIVE LAND USE PLAN MAP; CHANGING TRACT F IN SEBASTIAN HIGHLANDS UNIT 17 IN THE CITY OF SEBASTIAN, CONTAINING APPROXIMATELY THlkEE ACRES, MORE OR LESS FROM INS (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL); AMENDING ORDINANCE NO. O-91-17; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Advertised 1/4 page 6/5/95, Jst Reading and ]st Quasi-Judicial Hearing 6~14~95for Transmittal to DCA) CONSENT AGENDA All 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. PGS 107-129A. 95.105 B. PGS 131-136 95.106 C. PGS 137-141 95.107 D. PGS 143-145 95.108 E. PGS 147-148 95.1 O9 F. PGS 149-150 Approval of Minutes - 5/24/95 Workshop, 5/24/95 Regular Meeting Local Option Gas Tax Distribution - Authorize City Manager and City Clerk to Execute Interlocal Agreement with Indian River County (City Manager Transmittal dated 6/5/95, Davis Letter dated 5/31/95, Tax Distribution Formula, Agreement) Renew Use Agreement Between Humane Society of Indian Kiver County and City of Sebastian - Barber Street Sports Complex as Animal Compound in the Event of Hurricane or Natural Disaster (City Manager Transmittal dated 6/7/95, Humane Society Letter dated 5/16/95, Use Agreement) Rotary Club - Request Use of Community Center - Turkey Raffle Fundraiser - 11/17/95, 6 pm to 10 pm - A/B and Admission Fee - Permittee DOB 8/11/28 - Security Paid (City Clerk Transmittal dated 5/11/95, Apphcation) Mad Parsons Wedding Reception - Request Use of Yacht Club - 6/24/95 - 1 pm to 5 pm - A/B - Permittee DOB 6/24/95 - Security Paid (City Clerk Transmittal dated 5/23/95, Application) Associates of Sebastian Kmart - Request of Kiverview Park - Company Picnic - 6/25/95 - Use of Electricity - Standard Conditions (Director of Community Development Transmittal dated 6/5/95, LaCivita Letter dated 5/20/95) 6 10. 11. 95.110 95.111 B. PGS 151-170 PRESENTATIONS - None - Report by Don Bauer A. ' ' Requested by Re: Welcome Signs Located at City Entrances - Alternate Liaison Norma Damp (No Backup) pluming and Zoning Commissio]l - Interview and Appoint Regular Member - Committee Recommends Reappoinunent of Earl Shroyer to Three Year Regular Member Position to Expire June 1998 (Director of Community Development Transmittal dated 6/6/95, Applications, P & Z Memo dated 6/2/95, Section 10 ofR-94-51) 12. 95.098 A. PGS 171-186 BUSINESS - None Stormwater Consulting Engineer Agreement and Kate Structure - Craven, Thompson and Associates, Inc. - Authorize Mayor and City Clerk to Execute Agreement (City Manager Transmittal dated 6/2/95, Agreement w/Two Attachments) 13. 95.098 95.112 B. PGS 187-197 B~EW BUSINESS A. Rank General Engineering Consultants and Direct City Manager to Begin Negotiations (No Backup) ILESOLUTION NO. R-95-34 - Water and Sewer Rates (City Manager Transmittal dated 6/8/95, R-95-34) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A WATER SYSTEM RATE SCHEDULE AND A WASTEWATER SYSTEM RATE SCHEDULE AS PROVIDED IN ORDINANCE NO. O-93-19 AND THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 95.113 C. PG 199 Briefing on Airport Master Plan and Authorize City Manager to Loan Funds to Airport Enterprise Fund for Road Construction (City Manager Transmittal dated 6/8/95) 95.029 D. ORDINANCE NO. O-95~0~ - Revised - Restricting Parking in PGS 201-206 Residential Districts and on Street/Lights-of-Way (City Manager Transmittal dated 6/8/95, O-95-03) Jst Reading, Set Public Hearing 7/12/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRiCTING PARK/NG IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEF]2q'ITIONS, SETT]2qG PENALTIES FOR VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. ('Discussion 1.1/2/94, .1st Draft .Reviewed 2/1/95, .l st Reading 6/]4/95) 95.013 E. ORDINANCE NO. O-95-19 - Accessory Buildings (Director of PGS 207-214 Commtmity Development Transmittal dated 6/6/95, O-95-19) -1st Reading, Set ~Public Hearing 7/12/95 AN ORDINANCE OF THE CITY COUNCIL OF TI-IE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, REGULATING ACCESSORY BUILDINGS, PROVIDING DEFINITIONS, PROVIDING FOR SEVERABILiTY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. ('Discussion 5/24/95) 14. D F I Which is not otherwise on the agenda - limit often minutes for each speaker 15. CITY COL,INCIL MATTERS 16. 17. B. C. D. Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp E. Mr. P~ymond Halloran CITY ATTORNEY MATTERS CITY MANAGER MATTERS 18. ADJOURN ANT PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY' THE CITT COUNCIL WITH RESPECT TO ANT MATTER CONSIDERED AT THIS MEETING (0 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), ANTONE 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. 9 I I I I WHEREAS, in 1845, Florida was admitted into statehood and in 1995, Florida will celebrate its 150th anniversa~ of statehood; and WHEREAS, during the 1994 session, the Florida Legislature enacted Chapter 94- 152, Laws of Florida, to establish the Florida Sesquicentennial Commission to coordinate this special anniversary, to be known as the Florida Sesquicentennial; and WtlEREAS, the Sesquicentennial Committee has adopted as a part of its mission the promotion of goodwill and prosperity, and restoring a new confidence and pride in the State of'Florida; and WHEREAS, the celebration is to be as inclusive as possible of all individuals, government entities, private groups and organizations that wish to participate in the celebration of this great state; and WHEREAS, Sesquicentennial Coordinating Committees have been established in counties throughout the state to encourage local involvement; and WHEREAS, on March 3, 1995 the Sesquicentennial celebration was kicked off with the public unveiling of a commemorative stamp honoring the 27th state; and WHEREAS, it is the contributions of the many municipal dtizens, who for the past 150 years have made Florida the beautifully diverse state it is today; and WHEREAS, the Sesquicentennial year provides cities with a unique opportunity to showcase their municipal history and the role that oities have played in the development of this great state. NOW THEREFORE, I, Arthur Firtion, Mayor of the City of Sebastian, Sebastian, Florida, in recognition of' the celebration of the Florida Sesquicentennial, encourage all citizens to participate in this celebration highlighting the unique cultural diversity, rich heritage and natural beauty of Florida. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Sebastian, Indian River County, Florida this 14th day of June, 1995, and encourage all city governments to actively promote and sponsor a "Celebrate Florida" event, ATTEST: Kathrvn M. O'Halloran, City Clerk Arthur L. Firtion, Mayor ORDINANCE NO. 0-95-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO R ~ R Corpora$$ Systems Inc,, d/b/a Capital Sanitation PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Council of the City of Sebastian, Florida, has determined that it is in the best interests of the city to grant a solid waste collection franchise to an independent solid waste collection service; and WHEREAS, the City has, through acceptance of public bid proposals, determined that R & R Corporate Systems,Inc.~/b/a/ Capital Sanitation will provide the required service in the City of Sebastian for the most cost effective price; and WHEREAS, the City Council has determined that the best interests of the citizens of City of Sebastian will be served by granting an exclusive franchise to R & .R QQ~porate Systems,Inc~ d/b/a/ Capital Sanitation for the purpose of solid waste collection services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. GRANTING OF FRANCHISE. R & t~ Corporate Systems. Inc.d/b/a Capital Sanitation. th~ "contractor") is granted the exclusive right, privilege, and/or franchise to operate upon, over and across the streets, alleys, bridges, and other public thoroughfares of the city of Sebastian (the "City") for the purpose of collecting, removing and disposing of solid waste material from residential customers in the City of Sebastian subject to the terms, conditions and exceptions herein. Section 2. DEFINITIONS. A. City: means the city of Sebastian, Florida. B. City Manager: means the City Manager of the City of Sebastian, Florida or his duly authorized representative. C. Contractor: the word "contractor" refers to Corporate Systems. Inc. d/b/a/ Capital Sanitation. D. Cover: means any device, equipment, tarpaulin, chain, rope, wire or line used on vehicles to prevent the contents, or any par of such vehicles'load, from sifting, blowing, leaking, falling or otherwise being discharged, disbursed or escaping from such vehicles. E. Curbside: the word "curbside" is defined as that portion of the street right-of-way paralleling any public thoroughfare between the curb line and abutting property line. If a ditch bisects the property and thoroughfare, the curbside then becomes the roadside of the ditch. 2 F. Disposal: means the discharge, deposit, injection, dumping, burying, spilling, scattering, leaking, storing or placing of any solid waste into or upon any land or water so that such solid waste or any constituent thereof may enter other lands or be emitted into the air, discharged into any waters, including groundwaters, or otherwise enter the environment, except as specifically authorized by the City. G. Dump: means to throw, discard, place, deposit, dispose or bury any solid waste into or upon any land or water, except as specifically authorized by the City. H. Garbage: the word "garbage" shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in or storage of edibles, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects. I. G&r~age Can or Receptacle: the words "garbage can" or "receptacle" shall mean a container of not greater than thirty- five (35) gallon capacity which shall be free of jagged or sharp edges and shall be watertight and of impervious material, provided with tight-fitting cover suitable to protect the contents from flies, insects, rats and other animals, fitted with two handles by which it may be lifted, and which shall not have any inside structure, such as inside bands or reinforcing angles, or anything within that would prevent the free discharge of the contents. Such "receptacle" may also be a waterproof bag liner, which can be safely and securely closed, and which is a type approved by the collector and the city. J. Hazardous Waste: the words "hazardous waste" shall be defined as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. §1002, as amended, or regulated as toxic under the Toxic Substances Control Act, 15 U.S.C. §2601, as amended, or under regulations promulgated thereunder or defined as hazardous under the Florida Administrative Code Chapter 17-730 or any other applicable state or local law or regulation. K. Litter: means any solid waste identified as garbage, can, bottle, box, container, paper, tobacco product, tire, appliance; mechanical equipment or part, construction or demolition material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility, or substance in any form resulting from domestic, industrial, commercial, mining agricultural or governmental operations. L. Residential: the word "residential" shall mean and include all "residential customers," consisting of single family homes, multi-family units, individual mobile homes and other living units. Multi-family units and mobile home parks with centralized collection facilities, i.e., dumpsters, etc., and collection containers in excess of three (3) cubic yards are considered commercial service and not covered under this Agreement. M. Residential Improved Real Property: means all improved real property used for either a multifamily residence, or a single family residence, including trailer parks. N. Single-Family Residence: means any building or structure designed or constructed for and capable of use as a residence for one family regardless of the type of structure. Such term includes a mobile home or trailer erected on a parcel of property owned and offered for sale under the condominium concept of ownership or on a separate parcel of property not included within the definition of trailer park. O. Solid waste: term which includes the words "solid waste" shall be a general the specific terms garbage, trash, and household junk, but which does industrial or special waste. P. Trash: accumulation of not include hazardous waste, lawn, grass, or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches, (shall not exceed four (4) feet in length and four (4) inches diameter), bushes, or shrubs, green leaf cuttings, coconuts, fruits, or other matter usually created as refuse in the care of lawns and yards. Q. White Goods: means any inoperative and discarded refrigerators, ranges, washers, water heaters, and other similar domestic and commercial appliances. ~ TER/~. The term of this franchise shall be for a period of three (3) years from the effective date. Section 4... MA/~DATORY SERVICE. Each residential customer within the city shall be provided with solid waste pick-u~ and removal services. The residential customer may avail themselves of the available service if desired. Industrial waste and special waste accounts shall be serviced only upon the execution of individual agreements between collector and the customer. The collector shall obtain title to conforming solid waste at the time it is collected. Section 5. DESCRIPTION OF SERVICES. 5.1 Contractor shall provide exclusive residential solid waste collection services within the City limits of the City of Sebastian. The contract must include all specified services; no partial or split service will be permitted. The contractor will be responsible for both the billing and collection of solid waste fees and has the right to discontinue services to customers for non-payment. 5.2 It is the responsibility of the contractor to become familiar with and to determine the nature and conditions affecting the collection and disposal of residential solid waste in the City of Sebastian. The contractor is responsible for determining the impact and complying with the Florida Solid Waste Management Act. 5.3 The contractor shall provide at his/her own expense, all labor, insurance, supervision, machinery and equipment, plant building, trucks and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. 5.4 The contractor shall conduct his/her work in such a manner as to avoid damage to adjacent private or public property and shall operate with due care in the vicinity of such utilities, and shall immediately repair or have repaired, at no additional cost to the owner, any breakage or damage caused by its operation. The contractor shall immediately notify the Public Works Director of such damage and shall advise of corrective action taken °r to be taken. 5.5 The contractor shall not litter or cause any spoilage to occur upon the premises or the righ~s-of-way wherein the collection shall occur. The contractor may refuse to collect any solid waste that has not been placed in a garbage can or receptacle as provided herein, and shall provide the proper notification to the property owner specifying corrective action. During hauling, all solid waste shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the contractor, the contractor shall promptly clean up all spillage. 5.6 Ail solid waste shall be hauled to those sites or facilities maintained by the county, or other approved facilities within Indian River County. 5.7 The additional quantity of refuse generated by the influx of seasonal visitors and residents will not be a justification for the contractor to fail to maintain the required collection schedules, routes and levels of services. 5.8 This Franchise Agreement does not create a mandatory trash collection service for all City residents. Section 6. RESIDENTIAL COLLECTION SERVICE. 6.1 The contractor shall have the exclusive right to collect and dispose of all solid waste, except infectious waste, hazardous waste, biohazardous waste, biological waste and sludge, from all Residential Customers. Residential Customers consist of single family homes, multi-family units, individual mobile homes and other living units. Multi-family units and Mobile Home Parks with centralized collection facilities, i.e., dumpsters, etc., and collection containers in excess of three (3) cubic yards are considered commercial service and not covered under this Agreement. 6.2 The contractor shall collect solid waste from places of residence within the contract collection area at least two (2) times per week, with collections at least three (3) days apart. In addition to the solid waste collection, yard trash pickups will be made on one specified and published day per week. Ail yard trash must be bundled or in reusable containers. Grass clippings and small branches, etc., must be in biodegradable paper bags or other reusable containers. Yard trash contained in plastic bags will not be picked up. Yard trash must be separated from all other refuse. Household furniture need not be containerized and will be picked up with regular trash collection service. Household appliances will be picked up at no additional charge on a one week on call basis and must be recycled at the appropriate locations. 6.3 Collection shall begin no earlier than 7:00 a.m., and shall cease nc later than 6:00 p.m., Monday through Friday. In the case of an emergency, collection may be permitted at times not allowed by this paragraph, provided the contractor has received prior approval from the City Manager or his/her designee, to be later evidenced by a written memorandum confirming the approval. No collection shall occur on Sundays or holidays except in a time of emergency. Special pickups may be requested by customers at additional cost which shall be billed by the contractor. 6.4 Collections of residential waste shall be at curbside or right-of-way. In the event an appropriate location cannot be agreed upon, the city Manager shall designate the location. Any costs associated with identification of contractor's customers is to be borne solely by the contractor. Such identification may be in a form of stickers or other medium affixed to the trash receptacles, etc., or other form of identification but not to exceed 5" X 7" in size. 6.5 The contractor shall be required to pick up all residential refuse which has been properly prepared and stored for collection. All garbage, ashes, and rubbish shall be placed in a garbage can not larger than 35 gallons, or in such other approved receptacle and shall be placed at curbside or at such other single collection points as may be agreed upon by the contractor and the customer. 6.6 The contractor shall make collections with a minimum of noise and disturbance to the householder. Any garbage or trash spilled by the contractor shall be picked up immediately. Garbage cans or receptacles shall be handled carefully by the contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. 6.7 The contractor shall collect trash from normal maintenance of vacant lots that are within the City in the same manner as the collection from residences. It will not be the responsibility of the Contractor to remove trash resulting from clearing property for building purposes. If it is the practice of the area residents to place their yard trash or solid waste in the right-of-way of a vacant lot, that waste shall also be collected in the same manner as the collection from residences. Section 7. SCHEDULES, ROUTES, STORMS AND HOLIDAYS. 7.1 The contractor shall provide the City with schedules for all collection routes and keep such information current at all times. The City Manager shall approve all collection routes. If any change in the collection routes occurs, then the City shall be immediately notified in writing. The City Manager shall approve all permanent changes in routes or schedules. Upon approval of the routes by the City Manager, the contractor shall publish in a newspaper of general circulation in Indian River County at least seven (7) days prior to the effective date of such route or schedule changes. The cost of publication shall be borne solely l0 by the contractor. In addition the contractor shall be responsible for advertising all route and collection information in a newspaper of general circulation in Indian River County at least twice per year, on or about the 1st of April and the 1st of October of each year, the cost of which is to be borne solely by the contractor. 7.2 In case of a storm or hurricane, the City Manager or his/her designee may grant the contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the contractor shall advise the city Manager and the customer of the estimated time required before regular schedules and routes can be resumed. In the case of a storm where it is necessary for the contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and refuse resulting from the storm, the contractor shall be required to work with the City in all possible ways for the efficient and rapid cleanup of the City. The contractor shall receive extra compensation above the Contract Agreement for additional labor, overtime, and cost of rental equipment, provided he has first secured prior written authorization from the City Manager or his/her designee. The total cost for such service shall be based on rates jointly agreed to in advance by the City Manager or his/her designee and the contractor, in the event of such storm or hurricane emergency, the City reserves the right to assign route or pick-up priorities as deemed necessary by the City Manager. ]] 7.3 The City agrees to exempt residential collection from the normal collection schedule on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. These holidays will be indicated in the initial public notice to customers in a local newspaper of general circulation. The contractor will be excused from trash pickup these days and will not be required to make up the lost pickup day. The Contractor will reduce the customer's monthly, bill for any lost pick up days which a customer may suffer. 7.4 The contractor shall have on hand at all times and in good working order such equipment as shall permit the contractor to adequately and efficiently perform its contractual duties. The equipment shall be of the enclosed loader packer type and all equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. Section 8,,,, OTHER PROVISIONS. 8.1 The contractor shall comply with all applicable City, State and Federal laws as to wages, hours, and all other applicable laws relating to the employment or protection of employees, now and hereafter in effect. 8.2 The contractor is required and hereby agrees by ~ of this Franchise Agreement to pay all employees not less than the federal minimum wage .and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standard Act as amended and changed from time to 12 time. 8.3 No person shall be denied employment by the contractor for reasons of race, sex, national origin, creed, age, physical handicap, or religion. 8.4 There will be no changes in rates for the three year term of this contract period, unless city Council consents in writing to such change. Adjustments to rates after the first year will be considered only if there is clear evidence of an increase in the costs of property taxes, disposal charges or fuel charges. All changes in rates supported by fuel charges will be limited to charges in a nationally recognized fuel index with 1994 used as a base period. Reductions in costs must be reflected in any rate changes. All petitions for rate changes must be approved in advance by the City Council and evidenced by documents reviewed and approved by the City Manager. All required financial information submitted to the city must conform to generally accepted accounting principals (GAAP) and prepared by an independent certified public accountant. The contractor at its expense must furnish rate information when seeking an increase which has been audited by an independent certified public account. 8.5 The contractor shall pay the City of Sebastian a gross receipts franchise fee, according to the schedule set forth in Section 9 of this Ordinance, and agrees all contractor's records will be available for inspection with reasonable notice and during regular business hours, to support the franchise fee. This franchise fee will be six percent (6%) of the contractor's gross receipts. The approved rate as set forth in Section 10 of the Ordinance shall reflect the total rate to the customer without adjustment for the franchise fee. 8.6 The contractor shall perform a service of high quality and keep the number of legitimate complaints to a minimum. In order that the City may be informed of the quality of service, the contractor agrees to maintain a record of all complaints for inspection by the City. The contractor agrees to furnish a monthly report listing the name and address of each person complaining, the nature of the complaint, and the disposition of each complaint. Ail complaints whether received in person, by mail or telephone, shall be recorded in triplicate, one (1) copy to go to the City and two (2) copies to be retained by the contractor. Complaints received before 12:00 noon each day shall be serviced by 5:00 P.M. that day. Complaints received after 12:00 noon shall be serviced before 12:00 noon the following calendar day. For each month in which the number of legitimate complaints reaches ten (10) or more for any cause the City shall be entitled to claim liquidated damages of Ten Dollars ($10.00) per complaint. Each complaint shall be considered legitimate unless satisfactory disposition of the complaint is furnished. The decision of the City Manager as to the legitimacy of any complaint shall be considered final. The failure of the contractor to resolve customer complaints without valid cause is considered a material breach of this Franchise Agreement and may subject the contractor to the cancellation of the Agreement. 8.7 Prior to the effective date of this agreement, the contractor shall obtain, at his/her own expense, all permits and licenses required by law or Ordinance and maintain the same in full force and effect. 8.8 Upon the City's acceptance of this Franchise Agreement, the contractor shall notify the general public and all residential service customers that the contractor will be providing exclusive trash pickup services within the City of Sebastian. Contractor shall supply necessary information to begin service to prospective customers, and shall publish the days of pickup, holidays when no service will be provided, general rate structure, and general information to provide a smooth transition from the current service to the new exclusive service. Such notice shall be in a local newspaper of general circulation in Indian River County, twice prior to beginning services, and in two consecutive months after service begins. 8.9 A. The contractor shall furnish to the City evidence of insurance coverage for all insurance required under the provisions of this section of this Agreement immediately upon the execution of this Agreement by the parties. Failure of the contractor to maintain said insurance at any time during the term of this Agreement by the contractor, shall be construed to be a material breach of the Agreement by the contractor. B. The contractor shall provide and maintain during the term of this Agreement such worker's compensation insurance as required by law for all of its employees employed in connection with the performance of the work provided for Under this Agreement. C. The contractor agrees to indemnify and save harmless the City from any and all liability, claims, damages, losses, expenses, proceedings and causes of action of every kind and nature arising out of or connected with the performance of his duties provided for under this Agreement. The contractor further agrees to, at its own expense, defend any and all actions, suits or proceedings which may be brought against the City in connection with the performance of its duties under this Agreement and to satisfy, pay and discharge any and all judgments that may be entered against the City in any such action or proceedings. The contractor agrees to provide and maintain at all times during the term of this Agreement, without cost or expense to the City, policies of insurance generally known as "public liability policies," insuring the contractor against any and all claims, demands or causes of action whatsoever for injuries received or damage to property relating to the performance of the duties of the contractor under the terms and provisions of this Agreement. Such policies of insurance shall insure the contractor in an amount not less than Three Hundred Thousand Dollars ($300,000.00) to cover any and all claims connected with any accident or occurrence that may arise or be claimed to have arisen against the contractor. The contractor shall also obtain property damage insurance insuring the contractor in an amount not less than Three Hundred Thousand Dollars ($300,000.00) to cover the claims of any person or persons from a single or specific act that results in alleged damage to property. The contractor agrees to provide and maintain at all times under this Agreement motor vehicle public liability insurance in an amount of not less than Three Hundred Thousand Dollars ($300,000.00) to cover the claims of one person, and Three Hundred Thousand Dollars ($300,000.00) per incident. Said insurance policies shall provide that the City shall be entitled to thirty (30) days written notice of any changes or cancellations in said policies. A certificate of insurance indicating that the contractor has coverage in accordance with the requirements of this Agreement shall be furnished by the contractor to the City Manager within ten (10) days from the date of execution of this Agreement. 8.10 The company will maintain and operate its residential trash collection service in accordance with the laws of the State of Florida and the rules, regulations, and Franchise Ordinances as are or may be set forth by the Council from time to time. Failure of the contractor to promptly and faithfully keep, perform, and abide by each and all of the terms and conditions of the franchise and rules and regulations as set forth by Council shall constitute a violation of the Franchise Agreement and may be terminated by the City as specified in the Franchise Agreement. 8.11 Access to Company Records. The City shall have access at all reasonable hours to all of the Company's contracts, accounting, financial, statistical, consumer, and service records ]7 relating to the operation of the Company and to all other records required to be kept by the Company, and the Company shall file such accounting reports and data with the City when required. 8.12 The contractor may be held in default of the Agreement in the event the contractor: (1) Fails to perform the collections required by this Agreement and appears, to the City Manager, to have abandoned the work, or to be unable to resume performance within forty-eight (48) hours; or (2) Has failed on three (3) or more occasions of three (3) working days duration in any year, to perform the collections required by the Agreement; or (3) Repeatedly neglects, fails, or refuses to comply with any of the material terms of the Agreement, after having received notice of its obligation to so comply. Proceedings under this section are in addition to the remedies described in Section 8.4 for the breach of their respective requirements. To initiate proceedings under this section, the City Manager shall first request the City Council to declare the contractor in default. Within three (3) working days after its receipt of such a request, the City shall give notice to the contractor, its surety, and the City Manager of the location, time, and date within the following seven calendar days of a public hearing at which the contractor may show cause why it should not be declared in default. In the event the contractor fails to show, to the satisfaction of the city, cause why the contractor should not be declared to be in default, the City Council shall make such declaration. In declaring the contractor to have defaulted on the Agreement, the city may also order the contractor to discontinue further performance of work under the contract and transfer the obligation to perform such work from the contractor to the Surety on the contractor's performance bond and take any other action it deems advisable. 8.13 PERFORMANCE BOND. The contractor shall provide a contractor's performance and payment bond in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) with a surety company acceptable to the City as surety, which bond shall be conditioned that such contractor shall faithfully perform all of the provisions of this Agreement and pay all laborers, mechanics, subcontractors, materialmen, and all persons who shall supply such contractor or subcontractors with provisions and supplies for the performance of this Agreement; and shall perform work or services, or furnish material to any subcontractor, shall have the same right under the provisions of such bond as if such works, services or material was furnished to the original contractor, and shall contain appropriate recitations; (1) that is issued pursuant to this section of this Agreement; and (2) that any condition or limitation in such bond which is in conflict with the conditions and requirements of this section is void. In lieu of the Performance Bond required herein the contractor may enter into an Agreement with the City, drafted to the satisfaction and approval of the city Attorney and the City Manager, that the contractor shall make a deposit to an escrow account in a bank approved by the City, in cash or in negotiable government securities equal at all times in market value to the face amount of the bonds. Such Agreement shall provide that the cash or negotiable securities may be claimed by the City Manager, under the same circumstances as provided for use of the Performance Bond. The bond or the cash or security deposit shall remain in effect for the initial term of the Agreement, and for the renewal period. 8.14 Upon receipt of a notice that the work has been transferred to the surety with termination of the Agreement, the surety shall take possession of all materials and equipment described in the most recent inventory submitted to the City Manager pursuant to Section 8.16 of the Agreement, for the purpose of completing the work under the Agreement; employ, by contract or otherwise, any person and all persons needed to perform the work; and provide materials and equipment required therefore. Such employment shall not relieve the surety of its obligations under the Agreement and the bond. If there is a transfer to the surety, payments shall be made to the surety or its agent for all work performed under the Agreement subsequent to such transfer, in amounts equal to those that would have been made to the contractor 2O had it performed in the manner and to the extent of the surety's performance and the contractor shall have no claim upon the same. In the event the surety on the contractor's performance bond fails to assume or continue performances within forty-eight (48) hours after its receipt of notice that the work has been transferred to such surety, the contractor shall lease, sublease or otherwise license the City to use all, or whatever portion is desired by the city, of the materials and equipment described on- the most recent inventory submitted to the City Manager pursuant to Section 8.16 of the Agreement, for collection purposes for a period of up to six (6) months following the date of the declaration of default by the City Council without requiring the city to execute any other document whatsoever to accomplish such lease, sublease or license and without requiring the city to post any bond, pledge, deposit or other security for such equipment and materials, but upon the condition that the city pay for the equipment and materials actually used for such collection a market rental that is not greater than the monthly lease, in the event such property is leased by the contractor; the periodic installment in the event such property is being acquired under a purchase contract; or the periodic interest and principal, in the event such property is being acquired under a financing arrangement; provided that under no circumstances shall the city be liable during its use of such property for any arrearages, balloon payment, accrued interest, accelerated charges in the event of a default or other extraordinary payment; nor shall the 2] satisfaction thereof be a condition of the City's interim use of such property; provided further that such lease, sublease or license shall be suspended on the date the surety on the contractor's bond or its agent accepts the transfer of work under the Agreement. In the event the City secures the performance of work under the Agreement at a lesser cost than would have been payable to the contractor had the contractor performed the same, the City shall retain such difference; but in the event such cost to the city is greater, the contractor and its surety shall be liable for and pay the amount of such excess to the City. Ail payments due the contractor at the time of default, less amounts due the city from the contractor; shall be applied by the City against damages suffered and expense incurred by the City by reason of such default; any excess shall be paid to the contractor except as provided in the Agreement. Notwithstanding the provisions of this section, a delay or interruption in the performance of all or any part of the Agreement resulting from changes ordered in the work, from labor disputes, or from other causes beyond the contractor's control, shall not be deemed to be a default and the rights and remedies of the City provided for herein shall be applicable. 8.15 If the contractor fails to be at work at the time sufficient specified, persistently disregards laws, ordinances or instructions of the City Manager, or repeatedly fails to provide reserve workmen and equipment to insure the proper completion of the residential work by 6:00 P.M. each day, or performs the work unsatisfactorily or fails to collect refuse on a regular schedule, or discontinues the prosecution of the work without authorization by the city, or becomes insolvent or declares bankruptcy or commits any act of bankruptcy or insolvency, or allows final judgment rising out of performance of the Agreement to stand against it unsatisfied for a period of ten (10) days, the City will consider such action a breach of Agreement and give notice, in writing by registered mail, to the contractor and its surety of such breach. If the contractor or its surety, within ten (10) days after such notices, does not proceed to take over and complete the work under the orders of the City Manager, then the City Manager, because of the breach of Agreement, shall have full power and authority, without violating the Agreement or bond to take over the completion of said Agreement according to the terms and provisions thereof, or to use such other methods as in his opinion may be required for' the completion of said Agreement in an acceptable manner. Furthermore, after the issuance by the City of its notice of intention to terminate the Agreement, the contractor shall not remove from its normal, daily workplace in the City any of the equipment listed on the inventory approved by the City Manager in accordance with Section 8.16 of this Agreement until arrangements to continue the work, by Agreement, by surety, or otherwise, have been completed by the City. For all costs, charges and damages incurred by the City, 23 together with the costs of completing the work, the contractor and its surety shall be liable, and such costs may be deducted form any monies due or which may become due the contractor. Should the City incur any attorney's fees to seek enforcement of any of the provisions in this Agreement and prevails, the contractor and its surety shall be liable for those fees, and such expense may be deducted from any monies due or which may become due to the contractor. In case the expense incurred by the City is less than the sum which would have been payable under the Agreement if it had been completed by the contractor, then the contractor and its surety shall be liable and shall pay the City the amount of said ~xcess. 8.16 A. The contractor shall provide sufficient equipment to maintain regular schedules of collection and to promptly and efficiently perform its duties under this Agreement. The contractor shall provide to the City Manager, prior to the start of work under this Agreement, an inventory showing each type of vehicle (type, capacity, approximate age) used for performing work under this Agreement. The City Manager shall have the authority to inspect the vehicles on such inventory list and reject an unsuitable replacement. The contractor shall attach to such inventory a copy of each contract, lease, or other document that encumbers or limits the contractor's interests in such property. The contractor may change equipment from time to time and shall revise the inventory and the attachments thereto, accordingly; however, in no event shall the number of vehicles be less than the number of vehicles shown on the inventory provided prior to start of work under this Agreement. The contractor shall maintain a vehicular fleet during the performance of work under this Agreement at least equal to that described in the inventory. The contractor shall describe on an attachment to the required inventory the service yards or contracts to be used in maintaining vehicles and equipment. The contractor shall give notice to the City Manager as to any material changes that might affect the performance of work under this Agreement immediately after becoming aware of the same and shall make suitable remedial arrangements when needed. B. Equipment is to be maintained in a reasonably clean and safe working condition and be painted uniformly according to standards maintained from time to time by the City Manager. Equipment shall contain the name of the contractor and the truck number or code established by the City Manager printed in letters not less than three (3) inches high on each side of the vehicles. A record shall be kept of the vehicle to which each number is assigned. No advertising shall be permitted on the vehicles. Each vehicle used for the collection of solid waste shall have a fully enclosed, metal top and shall be watertight to a depth of not less than (12) inches and shall contain metal sides, and use pneumatic tires. However, the city Manager shall have the authority to waive the requirement of a fully enclosed, metal top in the event of an emergency. As an alternative to a fully enclosed metal top for use in garden trash collection, said vehicle may be equipped with a cover which may be a net with mesh not greater than one and one-half (1 1/2) inches, or tarpaulin, and such cover shall be kept in good mechanical order and used to cover the load in traveling to, from and during the loading operation or when parked if the contents are likely to be scattered if not covered. Vehicles shall not be overloaded so as to scatter solid waste, but when solid waste is scattered from a contractor's vehicle for any reason, it shall be the responsibility of the contractor to immediately pick up such scattered solid waste. Each truck shall be equipped at all times with a shovel and a broom for the collection of spilled refuse. Vehicles are to be washed thoroughly on the inside and sanitized with a suitable disinfectant and deodorant at such times as established by the City Manager from time to time in order to be maintained in a clean and sanitary condition and all vehicles are to be washed on the outside at least weekly. The contractor's vehicles are not to interfere unduly with vehicular or pedestrian traffic and vehicles are not to be left standing on streets and alleys unattended. 8.17 The following acts or omissions shall be considered a breach of the Agreement and for the purpose of computing damages under the provisions of this Section, it is agreed that the city Manager may obtain from the contractor the following amounts as liquidated damages. Collection of residential solid waste prior to 7:00 A.M. or after 6:00 P.M. $5.00 each case. Legitimate Complaints - Section 8.6 (Over ten (10) per month). $10.00 each additional legitimate complaint. [See Section 8.6] Failure to clean vehicles and maintain in good working condition. $24.00 each vehicle [See Section 8.16] Failure to keep vehicles closed or covered. $25.00 each vehicle. Loaded vehicles left unnecessarily. $25.00 each vehicle. [See Section 8.16] standing on the [See Section 8.16] street 6. Failure to maintain schedule established and given as a requirement of this Agreement, in writing to the public and the City. $25.00 per violation of route schedule [See Section 7.1] 7. Failure to respond to complaints as required by this agreement. [See Section 8.6] 8.18 No assignment or subletting of all or any portion of the work under this Agreement shall be permitted except with the written approval of the City. The contractor alone, subject to 27 the provisions of its performance bond, shall be held responsible for the full and faithful performance of this Agreement. 8.19 The contractor shall provide, at its own expense, a suitable office located within the City of Sebastian and shall maintain office hours from 8:00 A.M. to 5:00 P.M., Monday through Friday. In addition, the contractor shall designate a representative for emergency and complaint calls during the entire week, excluding the hours 5:00 P.M. Saturday through 8:00 A.M. Monday. Section 9.., PAYMENTS TO CITY. Beginning with the effective date of this Agreement, pursuant to Section 8.5 of this Ordinance, the contractor shall pay to the City, within thirty (30) days of each preceding billing period, an amount equal to six percent (6%) of the contractor's gross receipts for the preceding billing period. Failure to remit the required payment to the City shall be cause for termination of this franchise. Section 10. RATE. The rates charged by the contractor for the services hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair, greater return on the net valuation of its properties devoted under efficient and economical management. The company agrees that it shall be subject to all authority now or hereafter possessed by the City or any other regulatory body having competent jurisdiction to affix, adjust, reasonable and compensatory rates. When this franchise takes effect, the company shall have authority to charge and collect, not to exceed the following schedule of rates which shall remain effective until changed or modified as herein provided, to wit: Monthly Garbage Rates: Monthly garbage rates shall be $~,~0 per month, per residential customer. Section !1. FORFEITURE. The failure on the part of the grantee to comply in any substantial respect with any of the provisions of this Ordinance, shall be grounds for forfeiture of this grant. Section 12. CONFLICT. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 13. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. S~ction 14. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance shall not be affected and it shall be presumed that the City Council of the 29 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 Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 15. ATTORNEYS, FEES. Should it become necessary for the City to initiate legal or other proceedings to enforce the terms of this Ordinance, the prevailing party shall be entitled to recovery of reasonable costs and attorneys' fees. Section 16~ EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1995. The contractor, by and through its authorized agent, hereby acknowledges that it has read all terms, provisions, and conditions as set forth herein. The undersigned further acknowledges that it is sophisticated in the matters set forth in this contract and has had full opportunity to review, and seek independent legal advice with regard to all matters set forth herein. Accordingly, the contractor hereby accepts and agrees to all terms set forth in this Agreement. By: The foregoing Ordinance Councilman by Councilman vote, the vote was as follows: was 3O moved for adoption by The motion was seconded and, upon being put to a Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma Damp Councilmember Louise Cartwright Councilmember Raymond Halloran The Mayor thereupon declared this Ordinance duly passed and adopted this day of _ , 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk 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 , 1995, and that 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: City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: CITY COUNCIL AGENDA TRANSMITTAL D.~.-, z'~/2 ORDINANCE NO. O-95-11 AGENDANO: RECLASS~YING OCCUPATIONS DEPT. ORIGIN: DATE SUBMITTED: 6/7/95 MEETING DATE: 6/14/95 APPROVED FOR SUBMITTAL: EXI-IIBITS: ~ City Manager' (~ Expenditure Required: N/A Amount Budgeted: [ Appropriation Required: N/A N/A SUMMARY STATEMENT City Council approved the first reading of Ordinance O-95-11 on April 26, 1995. Ordinance O-95-11 was prepared by the City Attomey upon the direction of the City Council following the recommendation of the Equity Study Commission. The Ordinance has been duly advertised in legal notice in compliance with Florida Statutes 205. RECOMMENDATIQN Conduct Public Hearing and approve Ordinance No. 0-95-11 for adoption; to be effective 30 days after passage and adoption. ORDINANCE NO. 0-95-11 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 I 1, 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 WHIV~REAS, 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 Sebastian, Florida, is amended in its entirety as follows: 1 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: AppKcant 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 offering to accept orders or contracts for the installation, maintenance or repair of signs, air conditioning apparatus or equipment; 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 erecting, installing, altering, repairing, servicing or maintaining electrical 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. Farmer 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. Licetzse 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 bus!ness lo.cat, io.n o.r b.ra.n, ch. office within the city for the privilege of engaging in or managing any bus~ness wxth~n ~ts junsdmt~on: ('~) Any person who maintains a permanent business location or branch office within the city for th~ 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, unless such person has a valid occupational license issued by the city. No person shall ~ make a false statement in the license application as to conditions or facts upon which the fee 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 right 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 licenses shall be sold by the City of Sebastian beginning August 1 of each year, are due and payable on or before September 30 of each year, and expire on September 30 of the succeeding year. If September 30 falls on a weekend or holiday, the tax is due and payable on or before the first working day following September 30. Licenses that are not renewed when due and payable are delinquent and subject to a delinquency penalty of 10 percent for the month of October, plus an additional 5 percent penalty for each subsequent month of delinquency until paid. However, the total delinquency penalty may not exceed 25 percent of the occupational license tax for the delinquent establishment. (b) Any person who engages in or manages any business, occupation, or profession without first obtaining a local occupational license, if required, is subject to a penalty of 25 percent of the license due, in addition to any other penalty provided by law or ordinance. (c) Any person who engages in any business, occupation, or profession covered by this chapter, who does not 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 civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250. (d) Any person who knowingly makes a false statement in the license application as to conditions 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 penalty of up to $250.00. (e) Any person who engages in or manages any business, occupation or profession covered in this chapter after revocation of the occupational license for such business, occupation, or profession, is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.O0. (f) Violations of this article are under the jurisdiction of the code enforcement board. Sec. 30-32. Separate license for each business. A separate license shall be obtained for each place of business conducted, operated, maintained or carded 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 applying for an occupational license to practice any profession regulated by the Department of Business and Professional Regulation, or any board or commission thereof, must exhibit an active state certificate, registration, or license, or proof of issuance of the same. 4 3. Any person applying for an occupational license or a transfer of an existing license must present a copy of the applicant'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 person applying for an occupational license to operate a pharmacy must exhibit a current permit issued by the Board of Pharmacy. Occupational licenses are not required in order to practice the profession of pharmacy. 5. Any person applying for an occupational license to operate an adult congregate living facility pursuant to Chapter 400 Florida Statutes shall furnish proof of issuance of a license from the Department of Health and Rehabilitative Services. 6. Any person applying for an occupational license to operate a pest control business regulated by Chapter 482 Florida Statutes shall furnish proof of issuance of a license from the Department of Agriculture and Consumer Services for each business location in the city. 7. Any person applying for an occupational license to operate a health studio pursuant to Section 501.012 - 501.019 Florida Statutes or a ballroom dance studio pursuant to Section 501.143 Florida Statutes shall 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 exemption. 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 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 farm, aquacultural, grove, horticultural, floricultural, tropical piscultural, or tropical fish farm products, or products manufactured therefrom, except intoxicating liquors, wine, or beer, within the city, if such products were grown or produced by such farmer within the state. (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 occupational license 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 no later than August 1. 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 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, salesnem-tperson 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. Duty of city clerk to keep records. The city clerk shall keep a complete record of all licenses issued, showing the nature of the license, the date of issuance, the date of expiration and to whom it was issued. Sec. 30-41. 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. 6 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 for which the erroneous payment was made has expired. 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. Sec. 30-46. Penalty for violation of article. Any person violating any of the provisions of this article shall, upon hearing thereof, be subject to a fine as may be imposed by the code enforcement board. Sec. 30-47. 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. 30-48. 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 after 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. 30-49, Special requirements for caruivals, 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 orS 1,500.00 For any expense the city may incur in cleaning all rubbish and debris from the premises used by the attraction. 7 (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. 30-50. 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~90~ $60.00. Sec. 30-51. 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 60,00 60,00 60.00 3000 30.00 60.00 60.00 60.00 6O.O0 60.00 60.0O 60.00 6O00 60.00 30,00 60,00 60.00 Shooting galleries 60.00 Parades (must be approved by city manager) 60.00 Riding academy 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 30.00 Sports places and arenas 60.00 Wrestling or boxing: to promote or hold wrestling or boxing matches 60.00 c. Sightseeing vehictes~ per vehicle Transportation for hire (taxi, limo, boat) 60.00 d. Charter boat for fishing, diving, sightseeing, parasailing, water-taxi or similar activity Riding devices, other than coin-operated (per vehicle) 30.00 e. Amusement park operntor 50.00 In addition, for each device, show, exhibition or other form of diversion or amusement 10.00 Rinks, skating 100.00 (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 9 10.00 10.00 30.00 60.00 60.0O 60.0O 6O.OO 60.00 (4) FOOD SERVICE ACTIVITIES: 60.00 Delicatessen: Merchant 60.00 Delicatessen, as part of another business such as a grocery store, etc. 60.00 Restaurants, must provide license from the division of hotels & restaurants, department of business & professional regulation (Private boardinghouse, 5 chairs or less exempt) 60.00 a. 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 departrnent 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 9000 (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 salesm-a-n?erson 60.0O 60.00 60.00 (8) MANUFACTURING/PROCESSING: All manufacturing or processing business TO INCLUDE: Bottling works 60.00 Custom T-Shirts 60.00 10 Dairies 30.00 Factories 60.00 Ice Cream Manufacturers (health department license required) 60.00 Ice Manufacturers (health department license required) 60.00 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 Apartment rental 30.00 each individu~[rent~al 5, O0 Storage & warehouse, public 30.00 Office rentals 30.00 Motel/hotel/tirneshare/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 ofHotets & 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 Each guest room (per unit) 60.00 3,00 11 Trailer camps, RV parks Per space Motor driven rental items (including mopeds, jetskis, tools) Vehicles for hire (rent-a-car, courtesy car etc.) 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, 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 parts, used Auto accessories Auto parts 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 12 60.00 3.00 60.00 6O.OO 30.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.0O 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 Fireworks, wholesale or retail Flea market Florist Fruit & vegetable stand Furniture dealer Gas distributors: bottled Grocery store 6O00 60.00 60.00 60.00 6O.00 60.00 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 60.00 60.00 '60.00 30.00 30.00 Popcorn or peanut stand Safes: for sale or exchange, each agent Satellite systems/sales or service Seafood dealers: Wholesale Retail 13 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 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.) 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 14 60.00 60,00 6O.OO 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.O0 60.00 6O.OO 60.00 6O.OO 60.00 to furnish all copies required by the city Physician Professionals (attorneys, architects, opticians, computer programmers, electrologists, engineers, naturopaths, oculists, chiropractors, osteopaths, electritherapists, 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 Aircra~ 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 Carper and upholstery cleaners Child care, nurseries, preschool, day care centers Claim and collection agencies 15 60.00 6O.0O 60.00 60.00 6O.0O 6O.OO 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.0O 60.00 60.O0 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 Computer services Contractor: General building Street paving 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) 16 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 6O.00 60.00 60.00 60.00 6O.OO 60.00 6O.00 60.00 60.0O 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 Lawn maintenance 60.00 Locksmith or keysmith, each 60.00 Machine shop and/or welder 60.00 Maid service 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 6000 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 25.00 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 salesrrmnperson 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 17 Water, bottled Welder Window cleaning 60.00 60.00 60.00 Pawnbroker Fortuneteller, astrologers, astrologists, clairvoyant, mind reader, etc. 175.00 175.00 Barbershop, Beauty shop: The business owner Each non-employee licensed barber Each non-employee licensed cosmetologist Each chair/station 30.00 30.00 30.00 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 60.00 150.00 90.OO 60.00 90.0O (14) UTTLITY/COMMUNICATIO NS 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 30.00 b. Radio stations maintaining business office within city 90.00 (15) NON-CLASSIFIED (not otherwise mentioned) 60.00 18 ~ 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 renurnbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. ,~q__~.C_T.~N 3. 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. .~_E__C__Tj_ON 4. SEVERABILITY. 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. after its passage and adoption. The foregoing Ordinance EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to 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 Mayor thereupon declared this Ordinance duly passed and adopted this day of' ,1995. 19 ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor 2O I HEREBY CERT~Y 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'Haltoran, CMC/AAE City Clerk Approved as to form and content: Clifton A. McClelland, Jr., City Attorney 21 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I I I ICity SUBJECT: PUBLIC HEARING AND FINAL ACTION ON ORDINANCE O-95-13, ANNEXATION OF ALTIER/FLOOD/DANIER PROPERTY Approved For Submittal By: Manager Date Submitted: For Agenda Of: Exhibits: 1. Ordinance 0-95-13 Agenda Number: ~, (~"/?¢/('~'¢ 2-~::)~...,., Dept. Origin: Community Development 06/06/95 ~ 06/14/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT iA petition for a voluntary annexation was submitted by Rene VanDeVoorde, agent for Joseph R. Altier, Joseph M. and Hazel M. Flood, and Lloyd C. and Marian C. Danner. Mr. VanDeVoorde has also submitted applications to amend the land use designation from M-2 (County: multi-family, 10 units I acre) to CG and change the from nM-6 multi-family, per zoning (County: 6 units per acre) to CG. Approval of Ordinance O-95-13 will annex the property described within the ordinance. RECOMMENDED ACTION Move to approve Ordinance O-95-13. ORDINANCE NO. 95-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING A PARCEL OF LA/TD LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE~ AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, all owners of the parcel of property described herein have petitioned the City of Sebastian, Indian River County, to voluntarily annex said parcel of land; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City and will not result in the creation of any enclaves; and WHEREAS, the City Council finds and determines that the land proposed to be annexed constitutes a reasonably compact addition to the incorporated territory of the City of Sebastian; and WHEREAS, the City Council finds and determines that the annexation of said parcel of property is in the best interest of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described real property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed in5o the City of Sebastian, Indian River County, Florida, and the boundary lines of said City are hereby redefined to include said real property, which is described as follows: PARCEL That part of Lots 23 and 24 of WAUREGAN SUBDIVISION, lying East of U.S. Highway #1, West of Fleming Grant Line, described as follows: The Point of Beginning formed by the intersection of the Easterly right-of-way of U.S. Highway #! with the common boundary between Lots 23 and 24 of WAUREGAN; Thence proceed Northwesterly along the Easterly right-of- way of U.S. Highway #! a distance of 159.06 feet; Thence proceed Northeasterly along the line which bisects Lot 23 into North and South halves, a distance of 229.27 feet, more or less, to the intersecting point with the Fleming Grant Line; Thence proceed Southeasterly along said Fleming Grant Line, a distance of 323.91 feet, more or less; Thence proceed Southwesterly along a line which parallels the Southerly boundary of Lot 24 (Wauregan), a distance of 266.16 feet, more or less, to the intersecting point with the Easterly right-of-way of U.S. Highway #1; Thence proceed Northwesterly along said Easterly right- of-way, a distance of 168.03 feet to the Point of Beginning; Ail in WAUREGAN, Fleming Grant, according to the Plat filed in the Office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 75, and refiled in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book !, Page 178 and 179; said land now lying and being in Indian River County, Florida; being Section 30 Fleming Grant. PARCEL J~2 Ail of Lot 22, lying East of U.S. Highway #1 of WAUREGAN SUBDIVISION. The point of beginning formed by the common boundary between Lots 22 and 23, where it intersects with the Easterly right-of-way for U.S. Highway #!. Thence run Northwesterly, along said Easterly right-of-way, a distance of 318.12 feet, thence run Northeasterly along the common boundary of Lots 22 and 21, a distance of 168.50 feet, intersecting with the Fleming Grant line; thence run Southeasterly, along Fleming Grant line, a distance of 315.0 feet, thence run Southwesterly along the common boundary of Lots 22 and 23, a distance of 207.05 feet, to the point of beginning. Ail in WAUREGAN, according to the plat filed in the Office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 75; and refiled in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book !, Pages 178 and 179; said land now lying and being in Indian River County, Florida. PARCEL That property located in Wauregan Subdivision lying east of U.S. Highway #1, West of Fleming Grant line, and a part of Lot 23, Wauregan, as follows: The point of beginning being the point of intersection formed by the Easterly right-of-way of U.S. Highway #1 with the Northerly boundary line of Lot 23. From said point of beginning proceed Northeasterly along the Northerly boundary of Lot 23, a distance of 207.03 feet to the intersecting point with Fleming Grant line; thence Southeasterly along said Fleming Grant line, a distance of 157.5 feet; thence proceeding Southwesterly on a line which bisects Lot 23 into North and South halves, a distance of 229.27 feet, more or less, to the intersecting point with the Easterly right-of-way of U.S. Highway #1; thence Northwesterly along said Easterly right-of-way a distance of !59.06 feet to the point of beginning. All located in Wauregan Subdivision, lying in Section 30 Fleming Grant, according to Plat filed in the office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book I, Page 75, and refiled in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, Pages 178 and 179, said land now lying and being in Indian River County, Florida. Section 2. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court of Indian River County and with the Florida Department of State. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 3 Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance 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 unconstiSutional provision. It shall further be assumed that %he City Council would have enacted the remainder of this Ordinance wishout said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effectl Section 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 1995. The foregoing Ordinance was moved Counciimember by Councilmember into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Counci!member Norma J. Damp Counci!member Ray Halioran Councilmember Louise R. Cartwright for adoption by The motion was seconded and, upon being put The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1995. ATTEST: Kathryn M. O'Ha!loran, CMC/AAE (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: ADOPTION OF ORDINANCE O-94-14 LAND USE AMENDMENT Approval for Submittal By: City Manager Agenda Number: ~, Dept. Origin: Community Devel.o. pment~-''' (BC) Date Submitted: 6/5/95 For Agenda Of: ... Exhibits: 6/1,4/95 1. ordinance O-94-14 2. Comments from Department of Transportation 3. Memorandum to DCA dated 6/5/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT A petition for a voluntary annexation was submitted by Rene VanDeVoorde, agent for Joseph R. kltier, Joseph M. and Hazel M. Flood, and Lloyd C. and Marian C. Danner. Mr. VanDeVoorde has also submitted applications to amend the land use designation from M-2 (County: Multi-family, 10 units per acre) to CG and change the zoning from RM-6 (County: Multi- family, 6 units per acre) to CG. At its regular meeting of November 16, 1994, the City Council reviewed these applications and set a public hearing for the proposed land use amendment. At its regular meeting of December 21, 1994, the City Council held a public hearing regarding Ordinance No. O-94-14, the Comprehensive Land Use Amendment, approved the transmittal of the ordinance to the Department of Community Affairs, and announced the City's intention to hold a second public hearing after receipt of DCA's comments. Comments have now been received from Department of Community Affairs regarding Ordinance 0-94-14 which the Department of Transportation had one objection regarding the proposed land use. Their objection is only that there was no analysis to indicate trip generation impacts and projected traffic conditions on U.S.#I. When the City submitted the transmittal to the Department of Community Affairs, we indicated that Agenda Cover Sheet Ordinance O-94-14 Page Two the City had just completed the Traffic Circulation Plan in November of 1993 which indicates a level of service A for U.S. #1. Therefore, with only a proposed 4 acre land use amendment, the proposed differential impact from the present land use designation to the proposed was insignificant for calculation. Unfortunately, FDOT likes some analysis for their review. Staff has included a projected analysis based on trip generations of the proposed land use amendment with the most intensified type of use that could be placed in this zoning category. After the adoption of this land use amendment, City staff will submit the land use amendment with justifications to the Department of Community Affairs for their review. Subsequently, the DCA will have a letter of determination regarding this amendment. RECOMMENDED ACTION Move to approve Ordinance O-94-14. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY~ FLORIDA; PERTAINING TO A C.HANGE IN THE COMPREHENSi¥~ LAND USE PLAN; AFfENDING ORDINANCE 0-91-i7; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIkN RISER COUNTY M-2 DISTRICT (MULT!-FAY-ILY, l0 UNITS PER ACRE) TO CITY CG DISTRICT (COMMERCIAL GENERAL) FOR LA/~D LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY. SUBJECT LAND IS COMPRISED OF THREE PARCELS WHICH TOTAL 4.0 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERN MOST BORDER OF THZ CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND IS APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY. WHEREAS, the owner of the parcel of property described herein has petitioned the City of Sebastian, Indian River county, Florida, to voluntarily annex said parcel of property; and WHEREAS, the City Council has found and determined that the annexation of said parcel of property is in the best interest of the city of Sebastian; and WHEREAS, it is necessary to amend the Comprehensive Land Use Plan of the city of Sebastian to reflect the addition of tkis parcel of property to the land area inccrporated within the city limits. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, as follows: ' Ordinance 0-91-17 of the city of Sebastian is hereby amended to add a provisions which read as ~o=iows: Section !. PROPERTY. That the land use change enacted by the adoDEion of this ordinance shall apply to the lc!lowing described real property, now lying and being within Indian River County, Florida: That part of Lots 23 and 24 of WAUP~EGAN SUBDIVISION, lying East of U.S. Highway #1, West of Fleming Grant Line, described as follows: The Point of Beginning formed by the intersection of the Easterly right-of-way of U.S. Highway Mi with the common boundary between Lots 23 and 24 of WAUR~GkN; Thence proceed Northwesterly along the Easterly right-of- way of U.S. Highway M1 a distance of 159.06 feet; Thence proceed Northeasterly along the line which bisects Lot 23 into North and South halves, a distance of 229.27 feet, more or less, to the intersecting point with the Fleming Grant Line; Thence proceed Southeasterly along said Fleming Grant Line, a distance of 323.91 feet, more or less; Thence proceed Southwesterly along a line which parallels the Southerly boundary of Lot 24 (Wauregan), a distance of 266.16 feet, more or less, to the intersecting point with the Easterly right-of-way of U.S. Highway #1; Thence proceed Northwesterly along said Easterly right- of-way, a distance of 168.03 feet to the Point of Beginning; Ail in WAUREGAN, Fleming Grant, according to the Plat filed in the office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 75, and refiled in the office of the Clerk of the Circuit Court of St. Lucie county, Florida, in Plat Book 1, Page 178 and 179; said land now lying and being in Indian River County, Florida; being Section 30 Fleming Grant. Ail of Lot 22, lying East of U.S. Highway MI of WAUREGAN SUBDIVISION. The point of beginning for~ed by the common boundary between Lots 22 and 23, where it intersects with the Easterly right-of-waY for U.S. Highway ~1. Thence run Northwesterly, along said Easterly right-of-way, a distance of 318.12 feet, thence run Northeasterly along the common boundary of Lots 22 and 21, a distance of 168.50 feet, intersecting with the Fleming Grant line; thence run Southeasterly, along Fleming Grant line, a distance of 315.0 feet, thence run Southwesterly along the common boundary of Lots 22 and 23, a distance of 207.05 feet, to the point of beginning. All in WAUREGAN, according to the plat filed in the office of the Clerk of the circuit Court of Brevard County, Florida, in Plat Book 1, Page 75; and refiled in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, Pages 178 and 179; said land now lying and being in Indian River county, Florida. PARCEL a3 That property located in Wauregan Subdivision lying east of U.S. Highway ~i, West of Fleming Grant line, and a part of Lot 23, Wauregan, as follows: The point of beginning being the point of intersection formed by the Easterly right-of-way of U.S. Highway ~1 with the Northerly boundary line of Lot 23. From said point of beginning proceed Northeasterly along the Northerly boundary of Lot 23, a distance of 207.03 feet to the intersecting point with Fleming Grant line; thence Southeasterly along said Fleming Grant line, a distance of 157.5 feet; thence proceeding Southwesterly on a line which bisects Lot 23 into North and South halves, a distance of 229.27 feet, more or less, to the intersecting point with the Easterly right-of-way of U.S. Highway gl; thence Northwesterly along said Easterly right-of-way a distance of 159.06 feet to the point of beginning. Ail located in wauregan Subdivision, lying in Section 30 Fleming Grant, according to Plat filed in the office of the Clerk of the circuit Court of Brevard County, Florida, in Plat Book 1, Page 75, and refiled in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, Pages 178 and 179, said land now lying and being in Indian River County, Florida. Section 2. DESIGnATIOn. Map 1-1(a) which is attached shall serve as the Future Land Use Map for Policy Designations in the Comprehensive Plan. The designation of CG (Commercial General) is hereby assigned to the property which is the subject of this Ordinance in the Comprehensive Land Use Plan. Ail other pertinent provisions of the Comprehensive Land Use Plan shall apply to said property. Section 5. NOTIFICATION. That the city shall send a certified copy of this Comprehensive Land Use Plan Map designation change to the Department of Community Affairs of the State of Florida. Section 4. COlfFLICT. All ordinances or parts of ordinances-' in conflict herewith are hereby repealed. Section 5. SEV~RABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the ordinance shall not be affected and it shall be presumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. PASSED BY THE CITY COUNCIL OF THE CIT~OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS ~;~_i DAY OF />~C~k~ , 1994. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 199 The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum councilmember Norma J. Damp councilmember Robert Freeland Councilmember Francis J. Oberbeck The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1994. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Fir~ion, Mayor ATTEST: Kathryn M. O'Ha!loran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 5 ~wl A DISTRICT 4, DEPARTMENT OF TRANSPORTATION OKIECTIONS, RECOMMENDATIONS & COMMENTS KESPONSIBLE DIVISION/BUREAU: NAME OF LOCAL GOVERNMENT: DATE PI-AN RECEIVED FROM LOCAL GOVERNMENT: DATE MEMORANDUM RECEIVED FROM DCA: REQUIP-ED KETURN DATE FOR COMMENTS: ELEMENT: Future Land Use Plan Map 0-~-14 RULE DEFICiENCY: 9J-5.0072.a 9J-5.0073.c. 1 9J-5.00551.a 9j-5.0072.b 9J-5-11.0061 .b.4 9J-5,00552. a OBJECTION: The City proposes m amend the Furore Land Use designation on a 4 acre parcel from M-2 (10 units per acr~) to Commercial Gcn~ral. The proposal will have significant transportation impacts and the City has not pwvided sufficient analysis. TM City has indicated that the directly accessed roadway is operating at LOS A under current conditions, however, has failed to indicate trip generation impacts and projected traffic conditions, RECOMMENDATION: The City must provide a peak hour analysis of maximum impact for existing and future conditions for the existing land use plan and for the proposed changes. The analysis should meet the requirements of ~¢ above r~femnc~ roles, specifically identifying maximum development scenarios and impacts to the State Highway System. REVIEWED BY: REVIEWED BY: REVIEWED BY' R,.E N F 1::' VIGI_tO'I TI ~ RCHMIDT_ P ~ ....... PHONE: 3DS=Y.2.7~60J. PHONE: 3D5-77'7-46ot PHONE: 3of-'7'77-46D.1 TOTAL P.02 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: June 5, 1995 Department of Community Affairs Bruce Cooper ~~~,~ Director of Community Development Ordinance O-94-14, Comments regarding FDOT's objections Concurrency review examines the available capacity of each facility with respect to the proposed project. Since Comprehensive Plan amendment and rezoning requests are not projects, this review is based upon the most intense use of the subject property based on the requested zoning or land use designation. Before Commercial General (CG) Comprehensive Plan amendment requests, the most intense use (according to the LDC) is retail commercial with 10,000 sq. ft. of gross floor area per acre of land proposed for redesignation. The site information used for concurrency analysis is as follows: Size of Area to be Redesignated and Rezoned: 4 acres Existing Land Use Designation: M-2 (Multi-family, 10 units per acre) 3. Proposed Land Use Designation: Commercial General MOst Intense Use of Subject Property under existing Land Use Designation: 40 Dwelling Units Most Intense Use of Subject Property under Proposed CG Designation: 40,000 sq. ft. of retail commercial Memo to DCA June 5, 1995 Page Two The site information used for determining traffic impacts is as follows: Existin~ Land Use DesiGnation Residential Use Identified in 5th Edition ITE Manual: Average Weekday Trip Ends: P.M. Peak Hour Trip Ends: a. Inbound: 65% or 26 b. Outbound: 35% or 14 Single-family 40 X 9.55 trip ends/DU=382 40 X 1.01 trip ends/DU=40 Proposed Land Use DesiGnation Retail Commercial Use Identified in 5th Edition iTE Manual: For 40,000 square feet: Shopping Center Average Weekday Vehicle Trip Ends: 28.61/1000 gross square feet 5-6 p.m. Peak Hour Vehicle Trip Ends: 2.61/1000 gross square feet Formula for Determining Total New Trip Ends: Total Sq. Footage X Vehicle Trip Rate a. Total Average Weekday Trip Ends: 40,000 X 28.61/1000=1,144 b. Total P.M. Peak Hour/Peak Season Trip Ends: 40,000 X 2.61/1000 = 104 c. Percentage New Peak Hour/Peak Season Trip Ends: 80% d. New Total Average Weekday Trip Ends: 0.8 X 1,144 = 915 e. New P.M. Peak Hour/Peak Season Trip Ends: 0.8 X 104 = 83 -Inbound: 50% or 41.5 -outbound: 50% or 41.5 Memo to DCA June 5, 1995 Page Three The City of Sebastian adopted their Traffic Circulation Plan in November of 1993 in accordance with the Comprehensive Plan. The Figure 1. indicates U.S. #1 south of Roseland Road to have a level of service of A with a daily volume of 18,350 for that segment. Table 2. further clarifies the segment of this road from County Road 505 to County Road 512 to have a level of service of A with a average daily volume of 18,350. The above referenced information should satisfy FDOT which indicates the proposed land use designation will not have a significant impact to the existing roadway system. 6500 ART LOS A o ~ ~ooo LOS ¢, $-OC~ EN6LAR DRIVE c,, 0200 ART LOS A STRATTON AVENUE CR 3t0 76OO COL LOS A NOT TO aC, N,.E 7000 LOS C ART COL LOC ~N~ 1991 AVEI;~AGE ANNUAL DAiLY TEAFRC EX]STING LEVB. O~ 5-'E~VICE AI~IAL FUNC'tlONAL CLASS COLLECTOR J:tJNCTIONAL CLASS LOCAL FUNCTIONAL CLASS BEST ACHIEVABI~ LOS EXIS'DNG ROADWAYS TRAFFIC CIRCULATiON MAP SEBASTIAN 8658.01 SEB-0Zlg.Dw6 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: PUBLIC HEARING AND FINAL ACTION ON ORDINANCE O-95-14, RE-ZONING FROM RM-6 TO CG Approved For Submittal By: City Manager Dept. Origin: Community Development (BC).~' 1. Ordinance 0-95-14 Date Submitted: For Agenda Of: Exhibits: 06/06/95 06/14/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT A petition for a voluntary annexation was submitted by Rene VanDeVoorde, agent for Joseph R. Altier, Joseph M. and Hazel M. Flood, and Lloyd C. and Marian C. Danner. Mr. VanDeVoorde has also submitted applications to amend the land use designation from M-2 (County: multi-family, 10 units · per acre) to CG and change the zoning from RM-6 (County: multi-family, 6 units per acre) to CG. Aprroval of Ordinance O-95-14 will re-zone the property from County RM-6 to Commercial General. RECOMMENDED ACTION Move to approve Ordinance O-95-14. ORDINANCE NO. 95-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY, FROM INDIAN RIVER COUNTY RM-6 (RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE) TO CG (GENERAL COMMERCIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDINGANEFFECTIVE DATE. WHEREAS, the owner of the parcel of property described herein has petitioned the City of Sebastian for an amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in Section 20A-11.6(c) of the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. i C. The land use and development conditions affecting this parcel have changed since the effective date of the existing regulations, as the parcel has been annexed into the City. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any significant adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. I. The proposed use is in the public interest of the citizens of the City of Sebastian. NOW T~EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section I. PROPERTY. The change in zoning classification created by the adoption of this Ordinance shall apply to the following described real property: PARCEL ~! Tha5 part of Lots 23 and 24 of WAUREGAN SUBDIVISION, lying East of U.S. Highway ~I, West of Fleming Grant Line, described as fcl!ows: The Pcint of Beginnin~ formed by the intersection of the Easterly right-of-way of U.S. Highway #I with the common boundary between Lots 23 and 24 of WAIIREGAN; Thence proceed Northwesterly along the Easterly right-of- way of U.S. Highway #1 a distance of 159.06 feet; Thence proceed Northeasterly along the line which bisects Lot 23 into North and South halves, a distance of 229.27 feet, more or less, to the intersecting point with the Fleming Grant Line; Thence proceed Southeasterly along said Fleming Grant Line, a distance of 323.91 feet, more or less; Thence proceed Southwesterly along a line which parallels the Southerly boundary of Lot 24 (Wauregan), a distance of 266.16 feet, more or less, to the intersecting point with the Easterly right-of-way of U.S. Highway #!; Thence proceed Northwesterly along said Easterly right- of-way, a distance of 168.03 feet to the Point of Beginning; All in WAUREGAN, Fleming Grant, according to the Plat filed in the Office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 75, and refiled in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book i, Page 178 and 179; said land now lying and being in Indian River County, Florida; being Section 30 Fleming Grant. Ail of Lot 22, lying East of U.S. Highway #! of WAUREGAN SUBDIVISION. The point of beginning formed by the common boundary between Lots 22 and 23, where it intersects with the Easterly right-of-way for U.S. Highway #1. Thence run Northwesterly, along said Easterly right-of-way, a distance of 318.!2 feet, thence run Northeasterly along the common boundary of Lots 22 and 2!, a distance of 168.50 feet, intersecting with the Fleming Grant line; thence run Southeasterly, along Fleming Grant line, a distance of 315.0 feet, thence run Southwesterly along the common boundary of Lots 22 and 23, a distance of 207.05 feet, to the point of beginning. Ail in WAUREGAN, according to the plat filed in the Office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 75; and refiled in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book !, Pages 178 and 179; said land now lying and being in Indian River County, Florida. PARCEL That property located in Wauregan Subdivision lying east of U.S. Highway #1, West of Fleming Grant line, and a part of Lot 23, Wauregan, as follows: The point of beginning being the point of intersection formed by the Easterly right-of-way of U.S. Highway #1 with the Northerly boundary line of Lot 23. From said point of beginning proceed Northeasterly along the Northerly boundary of Lot 23, a distance of 207.03 feet to the intersecting point with Fleming Grant line; thence Southeasterly along said Fleming Grant line, a distance of 157.5 feet; thence proceeding Southwesterly on a line which bisects Lot 23 into North and South halves, a distance of 229.27 feet, more or less, to the intersecting point with the Easterly.right-of-way of U.S. Highway #1; thence Northwesterly along said Easterly right-of-way a distance of 159.06 feet to the point of beginning. All located in Wauregan Subdivision, lying in Section 30 Fleming Grant, according to Plat filed in the office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 75, and refiled in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, Pages 178 and !79, said land now lying and being in Indian River County, Florida. Section 2. DISTRICT. The real property described in this Ordinance is hereby rezoned from Indian River County RM-6 (Residential Multi-family, 6 units per acre) to City Zoning District CG (General Commercial). Section 3. ZONING MAPS. The official City Zoning Map shall be amended to reflect this change in zoning district. Section 4. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance 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 Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIV~ DATE. This Ordinance shall become effective immediately upon its adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, TEIS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS , 1995. The foregoing Ordinance was Counci!member by Councilmember into a vote, the vote was as follows: Mayor Arthur L. FirSion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Counciimember Louise R. Cartwright DAY OF moved for adoption by The motion was seconded and, upon being put The Mayor thereupon declared this Ordinance duly passed and adopted this day of , i995. CiTY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Ka~hryn M. 0'Halloran, CMC/AAE (SEAL) Approved as to Form and Content: Clifton A. McC!elland, Jr. City Attorney 6 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: FIRST READING OF ) Agenda Number: ORDINANCE O-95-15 REGARDING LAND ) USE AMENDMENT FOR SEBASTIAN CHRISTIAN CHURCH Approval for Submittal By: City Manager Dept. Origin: Communit~ Development Date Submitted: 6/5/95 For Agenda Of: 6/.!..~./95 Exhibits: 1. Ordinance O-95-15 2. Application for Land Use Change 3. ~plicatlcn ~=c~ Z~ir~ 4. Area Map 5. Planning & Zoning Commission recommendation of 4/7/95 6. Section 20A-11.6C of LDC 7. Section 20A-ii.ac of LDC 8. Policy 1-2.1.3. of the Comp Plan (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 F, 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 owners 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 Development Code (see attached). Section 20A-11.6C of the Land Development Code outlines the criteria which the Planning and Zoning Commission must consider when deter~ining their recommendation to City Council regarding the change in zoning. Section 20A-11.8C outlines the criteria to be considered for the land use amendment. As you will note, these sections 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. 2. Conformance with Ordinances. The proposal would conform to existing ordinances and would not require amendments to any ordinances of the City. 3. Changed Conditions. No particular land use or development conditions have changed. 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. 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. 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 recommended that City Council approve the land use and zoning amendments. At its regular meeting of April 26th, 1995, the City Council tentatively approved the petitioner's request in order to set the public hearing for June 14, 1995. RECOMMENDED ACTION Move to approve the first reading of O-95-15 and transmit this Land Use Amendment to the Department of Community Affairs. The City Council also intends to hold a second public hearing tentatively for October 1st, 1995. ORDINANCE 0-95-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN AND THE COMPREHENSIVE LA_ND USE PLAN MAP; CHANGING TRACT F IN SEBASTIAN HIGHLANDS UNIT 17 IN THE CITY OF SEBASTIAN, CONTAINING APPROXIMATELY THREE ACRES, MORE OR LESS FROM INS (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL); AMENDING ORDINANCE 0-91-17; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of said parcel of property has requested the City to change the land use from INS (Institutional) to LDR (Low Density Residential); and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in Section 20A-11.8(C) of the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed use is consistent with the other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive re~airements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The land use and development conditions affecting this parcel have changed since the effective date of the existing regulations. The increased urbanization of the City in the vicinity of this property has resulted in such changed condition. ! uses. D. The proposed use is compatible with adjacent land E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any significant adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. I. The proposed use is in the public interest of the citizens of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUI~TY, FLORIDA, as follows: Section 1. COMPREHENSIVE PLAN AMENDMENT. That the real property described as Tract F, SEBASTIAN HIGHLANDS Unit !7, a subdivision according to the plat thereof as recorded in Plat Book 8, Page 46, of the Public Records of Indian River County, Florida is hereby reclassified from INS (Institutional) to LDR (Low Density Residential) and Ordinance 0-91wi7 of the City of Sebastian is amended accordingly. 2 Section 2. ~iAP AMENDMENT. is hereby amended to reflect classification. The official City Land Use Map this change in land use Section 3. NOTIFICATION. That the City shall send a certified copy of this Comprehensive Land Use Plan Map designation change to the Department of Community Affairs of the State cf Florida. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance 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 Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 1995. The foregoing Ordinance was Councilmember by Councilmember into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Counci!member Norma J. Damp Councilmember Ray Hatloran Councilmember Louise R. Cartwright moved for adoption by The motion was seconded and~ upon being put The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1995. ATTEST: Kathryn M. O'Halioran, CMC/AAE (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor 4 APPLICATION FOR AMENDMENT OF LAND :USE DESIGNATION CITY OF SEBASTIAN PLANNING"ANDi~ZONI-NG DEPARTMENT 1225 MAIN STREET, SEBASTIAN,. FLORIDA '- ~'-'~'?~-i. TELEP}{ONE. 589-5330 -. This .:~pplication mus t:i: be_ compl.e ted.-~nd-~ r_~':~:~rned, with all enclosures ~eferred to 'herein, to tHe.:Pi~ing and Zonin~ Board~'e6~-~3 'o~e week before' theJsched6ied meeting. This application will then be referred to-the Planning and Zo~]i.n~Board ~r~.tudy and reco~,,endations. D~-TE RECEIVED:-- ~ '{ ~;~Lg-~ : DATE ACCEPTED.. ADDRESS: EXISTING LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: ~- ACRES TO BE R~DESIGNATED: ,~: ~;~ '. EXISTI N(; USE: PROPOSZU USE: FOLLOWING ATTACHMENT SHALL ACCOMPANY' THE APPLICATION: If the property in question is not'~owned by the applicant a notarized Af. fidau id of Ownership-i/must ac company :.~:i'J:ii~"i~ the application giving the consent'i:?0f each owner , to the applicant to apply for ..a. land use change. ~ .,.,-.~ - ""~. 'i .. ~ .... "~"": ~ 2)_~k_ A copy of the ow~er's deed must accompany each copy of this application. :~ .,.... ~:~.~ 3) ~J~- A certified survey of the area, if not platted. The legal description of the parcel(s) proposed to be changed. ,. 5) _~_ A drawing or map showing the zoning classifications of all parcels of adjacent land within 300 feet of the subject property. ' I I WAIVER AND CONSENT 'S~~tian, Indian River County, Florida, (the ,,Property"), hereby I authorize each and every member of the ....... Board/CommisSion of the City of Sebastian (the ,,Board,,/"Commission") to physically enter upo~ the property and I view the Property in connection with my/our pending ~ (the ,,Proceeding"). I 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 I process rights under the Florida Constitution or the United States Constitution were violated by such entering or viewing. i This Waiver and Consent is being signed by'us voluntarily and not as a result of any coercion appl%ed, or promises made, by any employee, agent, contractor or official of the City of Sebastian. SWORN to and subscribed before me this /~__ day of Not~af~ Public ' My Commission Expires: /;/~/q/.,,:~:..~,,.~/~' ............. LOIS A. SLATrERY 6) 7) Names and addresses of surrounding property owners within 300 ft of the boundary lines. A check, money order or cash in the amount .of $ 2-2--~'c;'<2~ made payable to the City of Sebastian. ~.$225,00 $$00.00 $750.0O less than 5 acres 5 - 100 acres more than 100 acres The undersigned understands that this application must be complete and accurate before consideration by the Planning and Zoning Board of the City of Sebastian. I, hi, ~-F~-D /~A$ ,BEING FIRST DULY SWORN, -- DEPOSE ~ND SA~THA~: I AM THE OWNER ~ I I AM THE LEGAL RESPRESENTATIVE OF THE OWNER OF THE 'PRoPERT'Y DESCRIBED W]IICH IS THE SUBJECT MATTER OF THIS APPLICATION, THAT ALL T][E ANSWERS TO TI{E QUESTIONS IN SAiD APPLICATION AND ALL SKETC[[ES AND DATA AND MATTER ATTACHED TO AND MADE A PART' OF SAID APPLICATION ARE IIONEST AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELLEF. ... ~~/~-~-'- SIGNATURE SWORN TO AND SUBSCRIBED BEFORE ME, THIS ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A PRE-APPLICATION CONFERENCE TIIROUGll 7'}]E PLANNING AND ZONING STAFF SECRETARY PRIOR TO THE APPLICATION TO RESOLVE OR AVOID PROBLEMS CONNECTED WIT]{. THE PROPOSAL, ~L " TRACT '.'.-:fR'~¢T. JJ TRACT P CITY lIMITS City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MEMORANDUM DATE; TO= FROM: REFERENCE: April 7, 1995 Mayor, City Council Dorri Bosworth, Secretary'..~ Planning and Zoning Commmssion 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 3. 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. 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 zoning 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 set- 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 GENEKAL 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. Admin£strative review. The city clerk shall forward compre- 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-I I.~. SEBASTIAN LAND DEVELOPMENT isting or programmed, including transpo~'t;~tion, utilities, drainage, recreation, education, emergency services and similar necessary facilities and services. 6. Natural environment. Whether, and 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, 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. A~er review of the proposed comprehensive plan ~mend- ment, and the revision relating to thereto, the city clerk shall place the proposed amendment, with comments from the plan- ning a_qd 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 a~ 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 nex~ regularly scheduled council meeting. The £~rst 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 Commnnity 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: 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 Residential Development (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 low 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 ex/sting low density single family neighborhoods; preserve open space; 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'Density Residential Development (MDR). Areas delineated on the Future Land Use Map for medium density residential development shall be developed, redev~/or maintained as stable medium density residential neighborhoods. Medium i City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (4~/j~ 5~9~33~ ~i' F~_.,,X~07)589-5570 SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, MAY 24, 1995 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED iN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA At workshops, matters ma), be discussed and placed on an appropriate City Council meeting agenda for action. Substantive decisions may not be made at workshops. ° ° Mayor Firtion called the Workshop to order at 6:35 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran (arrived 6:48 p.m.) Staff Present: City Manager, Joel L. Koford City Attorney, Clifton A. McClelland, Jr. Deputy City Clerk, Sally Maio Secretary, Linda Galley AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETiONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present None. City Council Workshop May 24, 1995 Page Two 5. WORKSHOP ITEMS Ao Stormwater En_kqneering Consultant Presentations (CiW Manager Transmittal dated 5/15/95. ggl/llg_~.b_g.~ Consulting finns gave ten minutes presentations to City Council followed by ten minute City Council questions as follows: 1) Applied Technology 2) Craven Thompson & Associates Tape i - Side ri (7:03 p.m.) 3) Professional Engineering Consultants, Inc. 6. Being no further business, Mayor Firtion adjourned the Workshop at 7:35 p.m. Approved at the Meeting. , 1995, Regular City Council Arthur L. Firtion, Mayor Kathryn 34. 0 'Halloran, CMC/AAE City Clerk I City of Sebastian 1225 MAIN STREET c SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTiAN CITY COUNCIL I REGULAR MEETiNG WEDNESDAY, MAY 24, 1995 FOLLOWING WORKSHOP CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA ALL A GEND,4 ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 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 th~. have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-95-23) 1. Mayor Firtion called the meeting to order at 7:40 p.m. The Pledge of Allegiance was recited during the preceding workshop. No one was available for invocation. City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corem Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifton McClelland Director of Community Developmem, Brace Cooper Deputy City Clerk, Sally Maio Secretary, Linda Galley Regular City Council Meeting May 24, 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 (R-95-23) The City Manager requested that City Council removed Consent Agenda item 8D (Phone Bid), Old Business item 1 lA (R-95-24), and New Business item 12G (Lease/Purchase Backhoe). Vice Mayor Corum requested that Resolution No. R-95-31 be moved from her matters to Consent Agenda item H. MOTION by Corum/C~ght I'd like to move the approval to move Resolution No. R-95-31 to consent agenda as item H of the consent agenda. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwfight - aye Mrs. Damp - aye Mr. Halloran ~ aye Mayor Fin/on - aye MOTION CAR_RJED 5-0 MOTION by Corum/Cartwright I make a motion to pull item D of the consent agenda on behalf of Mr. Koford. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye MOTION CARRIED 5-0 Regular City Council Meeting May 24, 1995 Page Three MOTION by Halloran/Damp I'd like to add to the agenda a discussion and vote to establish a date for a first public hearing regarding the contract to sell the water and sewer utilities. (New Business as 12J) ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem ~ aye Mrs. Cartwright - aye MOTION CARRIED 5~0 MOTION by Corum/Cartwright I'd like to postpone Resolution No. R-95-24 on behalf of the City Manager. ROLL CALL: Mr. Halloran - aye Mayor Firtion ~ aye Vice Mayor Corum - aye Mrs. Cartwri~t - aye Mrs. Damp - aye MOTION CARRIED 5-O Regular City Council Meeting May 24, 1995 Page Four MOTION by Corem/Damp On behalf of Mr. Koford, I'd like to postpone item G of New Business. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwfight - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 6. PROCIAMATiONS AND/OR ANNOUNCEMENTS None. pUBLiC ltEARING. FINAL ACTION The normal order of business for public hearings (t~-95-23) is as follows: Mayor Opens Hearing 21ttorney Reads Ordinance or Resolution Staff.Presentation -public Input Staff Summation Mayor Closes Hearing Council 21ction 4 Regular City Council Meeting May 24, 1995 Page Five 95.032 A. QRDINANCE NO. O-95-12 - Antique Shops, Consigranent Shops, Secondhand Stores in General Commercial Zoning Districts - Repeals O~95-05 (O-95-12) 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 LAND 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 95-05; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Firtion opened the public hearing at 7:45 p.m. and the City Attorney read Ordinance No. 0-95-12 by title only. The Director of Commumty Development explained the amendment. Mayor Firtion closed the public hearing at 7:47 p.m. MOTION by CartwrightdI-Ialloran I move that we approve Ordinance No. O-95-12. Regular City Council Meeting May 24, 1995 Page Six ROLL CALL: Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion MOTION CARRIED 5-0 - aye - aye - aye - aye 95.094 CONSENT AGENDA ./IH 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. A. Approval of Minutes - 5/10/95 Regular Meeting B. RESOLUTION NO. R-95-29 - Vacation of Easement (City Clerk Transmittal dated 5/10/95, R-95-29, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE WEST SIX FEET OF LOT 12 AND THE EAST SiX FEET OF LOT 13, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 247, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, P,.ECORDED IN PBi-6-3 7E, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS 1N CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. 6 Regular City Council Meeting May 24, 1995 Page Seven 95.095 C. RESOLUTION NO. R-95-32 - Requesting FDOT to Install Median Cut on U.S. 1 at Barber Street (City Clerk Transmittal dated 5/18/95, R-95-32) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING TIlE FLORIDA DEPARTMENT OF TRANSPORTATION AND TI-[E METROPOLITAN PLANNING ORGANIZATION TO CREATE A MEDIAN CUT ON U.S 1 FOR BARBER STREET, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 95.097 E. Bid Waiver - Clearbrook Street Culvert Pipe Keplacemem - Approve Purchase of Pipe - Southern Culvert Pipe - Indian River County Commodities Price - $43.99 Per Foot - $2,463.44 Total (Director of Public Works Transmittal dated 5/16/95, Drawing, Commodities Contract) 95.091 F. Sebastian Jaycees - Request Collection of Donation at Community Center - Dance Mania II - Kidney Transplant Benefit - 6/23/95 - 6 pm to 10 pm - Security Paid (City Clerk Transmittal dated 5/8/95, R-94-50 Excerpt, Application) 95.021 G. Craft Club of Sebastian - Request Use of Riverview Park - Annual Shows - 10/7/95 (10/8/95 Raindate), 11/4/95 (11/5/95 Raindate), 12/2/95 and 12/3/95, 1/6/96 (1/7/96 Raindate), 2/3/96 (2/4/96 Raindate), 3/2/96 (3/3/96 Raindate) (City Clerk Transmittal dated 5/16/95, Waters Letters dated 5/11/95) 7 Regular City Council Meeting May 24, 1995 Page Eight 95.103 H. RESOLUTION NO. R-95-31 - Supporting Indian River County m its Efforts to Restore Old Courthouse (City Clerk Transmittal dated 5/18/95, R-95~31, Stanbridge Letter dated 5/15/95 w/attached Fact Sheet) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF INDIAN RIVER COUNTY, IN ITS EFFORTS TO RESTORE AND REHABILITATE THE OLD INDIAN RIVER COUNTY COURTHOUSE LOCATED AT 2145 14TH AVENUE, DOWNTOWN VERO BEACH. The City Manager read the consent agenda and the City Attorney read titles for Resoluton No. R-95-29, R-95-32 and R-95-31. MOTION by Cartwright/Corum I move we approve items A, B, C, E, F, G and H of the consent agenda. ROLL CALL: Mrs. Cam~ght - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye MOTION CARRIED 5-0 9. PRESENTATIONS None. 10. COMMITTEE REPORTS/RECOMMENDATIONS None. 8 Regular City Council Meeting May 24, 1995 Page Nine 11. OLD BUSINESS 95.028 A. RESOLUTION NO. R-95-24 - Native Tree List (Director of Community Development Transmittal dated 4/10/95, R-95-24) Tabled at 5/10/95 Regular Meeting to this Agenda ~ Requires Motion to Remove from Table 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 EFECTIVE DATE. This item was removed under Agenda Modifications. 95.068 Costa Drainage Issue - Swales. Ditches~ and Culverts (Ci _ty Manager Transmittal dated 5/16/95) Dave Costa, 499 Concha Drive, Sebastian, reiterated his request for assistance with his drainage problems. Council.member Cartwright recommended that the City live up to commitments made in March by staff. Following a lengthy discussion, motion was made. MOTION by CartwrightfDamp I move that the City, at its own expense, retrofit the driveway culvert per information given by Bruce Cooper in his March 8 letter and subsequent documents. 9 Regular City Council Meeting May 24, 1995 Page Ten TAPE I - SIDE II (8:30 p.m.) The City Attorney said there was no liability for the City. ROLL CALL on the Amendment: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corem Mrs. Cartwright - aye - aye - aye - aye MOTION CAKK1]ED 5-0 ROLL CALL on the Main Motion: Mr. Halioran Mayor Firfion Vice Mayor Corum Mrs. Canwfight Mrs. Damp - aye - aye - aye - aye MOTiON CARRIED 5-0 Mrs. Cartwfight suggested that staff review the ordinances with the City Attorney and stormwater consultants. 12. NEW BUSINESS 95.098 Rank Stormwater Engineering Consultants and Direct City Manager to Begin Negotiations (Ci .ty Manager Transmittal dated 5/15J95. Ratine Sheet) Mayor Firtion announced the rank order: Craven, Thompson; Professional Engineering Consultants; and Applied Technology. MOTION by Comm/Halloran I make a motion for Mr. Koford to negotiate a contract with Craven, Thompson and Associates, Inc. as the first choice. 10 Regular City Council Meeting May 24, 1995 Page Eleven ROLL CALL: Mayor Firtion Vice Mayor Corem Mrs. Cartwright Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0 95.047 Award of Franchise - Residential Refuse Collection Services - R & R Corporate Systems, Inc. d/b/a Capital Sanitation - $6.30 Monthly (City Manager Transmittal dated 5/9/95) John Kanfoush, 1417 Seahouse Street, Sebastian, requested that handicap pickup continue. Frank Gomez, Browning-Ferris Industries, the current franchisee, commented on the service he had provided for the past three years and inquired about Capital Sanitation's background. The City Attorney had previously submitted a proposed motion to City Council, advised amendments to the ordinance relative to reversal of the corporate and business names in all occurrences, insurance amounts should state "$300,000.00", minor language amendment to section 8.17, and to add $5.00 to item 1 and delete it from item 7 on page 27. He noted that a public hearing on the ordinance will be required, recommended June 14, at which time all agreement should be signed and all conditions would have to be met. He recommended a provision for handicap pickup. Konald Rigby, Capital Sanitation, addressed City Council, responding to inquiries from City Council. He agreed to provide handicap pickup. MOTION by Corum/Damp I'd like to make a motion. My motion is based on such a small fleet of two compactors, I don't believe that will be sufficient for the City and I would like to move to go against staff recommendation to award the contract to R & R Corporation dba Capital Sanitation. 11 Regular City Council Meeting May 24, 1995 Page Twelve ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - nay Mrs. Damp - aye Mr. Halloran - nay Mayor Fin/on - nay MOTION FAILED 2-3 (Cartwright, Halloran, Firfion - nay) MOTION by Cartwright~alloran I move to send R & R Corporate Systems, Inc dPo/a Capital Sanitation a notice of the award of the contract for a three year period commencing July 1, 1995. The notice will specify the approval is subject to conditions as follows: 1. The terms and conditions of the contract as approved after the adoption of Ordinance 0-95-09. 2. The contractor must provide prior to execution of the contract items as follows: A. Evidence of insurance coverage in the amount of $300,000.00 per person and per incident. (Par 8.9c). B. A performance bond, cash or security deposit agreement approved by the City Attorney and City Manager. (Par 8.13). C. Equipment inventory (Par. 8.16). D. Location and telephone number of the office located within the City of Sebastian. (Par 8.19). 3. If the Contractor fails to execute the contract as approved in the ordinance or provide the items listed in 2A through D, on or before June 14, 1995, this award shall be null and void. No rate increase shall be permitted after the first year of the contract unless there is an increase in property taxes, disposal charges or fuel charges as set out in paragraph 8.4 of the contract. TAPE II - SIDE I (9:15 p.m.) ROLL CALL: Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum - aye - aye - aye - nay MOTION CARRIED 4-1 (Corum - nay) 12 Regular City Council Meeting May 24, 1995 Page Thirteen 95.047 C. ORDINANCE NOi 0-95-09 - Exclusive Residential Solid Waste Collection Franchise Agreement w/R & R Corporate Systems, Inc. d/b/a Capital Sanitation (See Transmittal Above) ]st Reading, Schedule .Public Hearing AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GKANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO R & R CORPORATE SYSTEM, INC. d.b.a. CAPITAL SANITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODiFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-95-09 by title only and reiterated the changes. MOTION by Cartwfight/I-Ialloran I move we adopt Ordinance No. 0-95-09 as amended and set the public hearing for June 14, 1995. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firfion - aye Vice Mayor Corum - nay Mrs. Cartwright - aye MOTION CARRIED 4-1 (Corum - nay) 13 Regular City Council Meeting May 24, 1995 Page Fourteen 95.099/ D. 94.282 ORDINANCE NO. O-95-13 - Annexation - U.S. 1 - Three Parcels - Four Acres (Director of Community Development Transmittal dated 5/18/95, O-95-13) ]st Reading, Schedule Public Hearing for 6/14/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING A PARCEL OF LAND LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEP~WITH; PROVIDING FOR SEVERA~ILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attomey read Ordinance No. O-95-13 by title only. MOTION by Halloraa/Cartwr/ght i move that we accept the first reading of Ordinance No. O-95-13 and schedule public hearing for June 14, 1995. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 14 Regular City Council Meeting May 24, 1995 Page Fifteen 95.099/ E. 94.282 ORDINANCE NO. O-95-14 - Rezoning - U.S. 1 Three Parcels - Four Acres (Director of Community Development Transmittal Dated 5/18/95, O-95-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY LOCATED IN THE NORTH CENT~ SECTION OF THE CITY, COMPRISED OF THKEE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY, FROM INDIAN RIVER COUNTY RM-6 (RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE) TO CG (GENERAL COMMERCIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVER.ABILITY; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-95-14 by title only. MOTION by Damp/I-Ialloran I move to accept the first reading of Ordinance No. O-95-14 and set a public hearing for June 14, 1995. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-O 15 Regular City Council Meeting May 24, 1995 Page Sixteen 95.013 F. Proposed Amendment to Land Development Code Re: Accessory.. Buildings, Schedule 1st Reading 6/14/95 (Director of Commlmi _ty Development Transmittal dated 5/9/95. Proposed Ordinance. P & Z Memo dated 4/21/95) MOTION by Damp/Cartwright I mov. e to set the 1st reading of this Ordinance for June 14, 1995, Ordinance No. O-95-19. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 95.100 Go Approve Municipal Lease-Purchase A~eement - Backhoe - Falcon. Power- Option One or Two (Director of Public Works Tran~mitta.1 dated 5/16/95. Lease Options) This item was previously removed during Agenda Modifications. 95.101 RESOLUTION NO. R-95-30 - Communications Workers of America/City of Sebastian - Collective Bargaining A~eement ,(Director of Personnel Transmittal dated 5/17/95_ R-95-30. A~eement Under S~arate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING A CONTRACT BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA, FOR THE PERIOD FROM 5/25/95 THROUGH AND INCLUDiNG 9/30/97; PROVIDiNG FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVEKkBILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 16 Regular City Council Meeting May 24, 1995 Page Seventeen The City Attorney read Resolution No. R-95-30 by title only. Vice Mayor Corem expressed concern for total costs for all employee increases. MOTION by Cartwfight/Damp I move that we adopt Resolution No. R-95-30 and ask the City Manager to enter into the agreement with CWA effective 5/25/95. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - nay MOTION CAR_RIED 4-1 (Corum - nay) 95.1 O2/ 94.047 Conceptual Approval A?eement Re: Acquisition of Single-Family Lots in Sebastian Highlands Unit 17 for Habitat Conservation.Plan (Director of Community Develonment Transmittal dated 5/16/95.. DeBlois Letter dated 5/5/95. Conceptual Approval A_m'eement3 The Director of Community Development submitted an addendum to the conceptual approval agreement and explained it to City Council. He also submitted a recommended motion. He noted that a final interlocal agreement will be brought back to City Council. The City Attorney advised that the blank lines on certain pages of the agreements have "Indian River County" inserted and recommended that conditions in Mr. Coopers memo be included in the motion. 17 Regular City Council Meeting May 24, 1995 Page Eighteen MOTION by Cartwright/Damp I move to authorize the Mayor and City Clerk to sign the conceptual approval agreement for the Florida Communities Trust and permit conditional delivery of the agreement subject to the following conditions: 1. Indian River County will be liable for all fiscal and management responsibilities and obligations recurred by this agreement. 2. An mterlocal agreement must be executed by Indian River County and the City of Sebastian delineating the responsibilities and liability of Indian River County and the City of Sebastian within 120 days of May 24, 1995, or this agreement is null and void. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Fin/on - aye Vice Mayor Corum ~ aye Mrs. Cartwright - aye MOTION CARRIED 5-O EstablishPublicHearing for Utility_ Sale The City Attorney advised that perhaps staff could extend the invitation for Indian River County officials to conduct a joint meeting with City Council. MOTION by Halloran/Damp i move that we set a date for the first reading of the public hearing for sale of the utilities for June 28, 1995. The City Manager said he would contact Indian River County and report back prior to June 14, 1995. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 18 Regular City Council Meeting May 24, 1995 Page Nineteen 13. INTRODUCTION OF NEW BUSiNESSFROM THE PUBLIC Which is not otherwise on the agenda ~ limit often minutes per speaker (R-95-23) Walter Barnes, 402 Az/me Terrace, Sebastian, inquired about the parking ordinance and the cost to residents if Indian River County purchases the utility. The City Manager advised him that the parking ordinance would have a first reading on June 14, 1995 and requested that Mr. Barnes contact him tomorrow morning for cost figures. Wally Kramer, Mic¢o, discussed scrub lot purchase issues. TAPE 11 - SIDE II (10:00 p.m.) Mr. Kramer's input continued relative to his concern that the Goodwill Collection site does not benefit local needy. Richard Taracka, Coverbrook Lane, Sebastian, expressed concern for Sebastian Sun articles relative to the utility purchase. 14. CITY COUNCIL MATTERS A. Mr. Ra_vmond Halloran None. Mayor Arthur Firtion The City Manager confnmed Mayor Firtion's inquiry as to whether utility rates will have to be raised if the County does not purchase the utility to comply with bond covenants. 19 Regular City Council Meeting May 24, 1995 Page Twenty C. Vice Mayor Carolyn Corem Vice Mayor Corem stated that Council is aware when people state things that are misleading at the podium. D. Mrs. Louise Cartwrig~ Mrs. Cartwright asked the City Manager to make the white paper on the utility available to the property owners and thanked the Personnel Director for her efforts in union negotiations. E. Mrs. Norma Damp. Mrs. Damp inquired about the Director of Community Development memo relative to temporary signs; requested the City Manager to send a letter to Sandra Mortha_m, Secretary of State, inviting her to be grand marshall in the 4th of July parade; asked why the bikepath on Indian River Drive was delayed; inquired about tree survey requirements and about the wisdom of engineering survey requirements relative to drainage. 15. None. 16. None. 17. CITY ATTORNEY MATTERS .CITY ATTORNEY MATTERS Being no further business, Mayor Fiction adjourned the Regular Meeting at 10:15 p.m. 2O Regular City Council Meeting May 24, 1995 Page Twenty One Approved at the Kathryn M. O'Halloran, CMC/AAE City Clerk 1995, City Council Meeting. Arthur L. Firtion, Mayor 21 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SUBJECT: Local Option Gas Tax Approval For Submittal By: C tyn n* e TRANSMITTAL ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. Dept. Origin: City Manager Date Submitted: 06/05/95 For Agenda Of: 06/14/95 Exhibits: - Letter Dated 5/31/95 from Jim W. Davis, P/W Director, IRC - IRC Local Option Gas Tax Distribution Formula - Interlocal Agreement between the IRC and the City of Sebastian EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The provisions of FS 336.025 grants the County the authority to levy, in addition to other taxes allowed by law, a local option gas tax upon evew gallon of motor fuel and special fuel sold in Indian River County. A distr/bution fmTnula for dividing the proceeds of the local option gas tax revenue is provided ttu-ough an "Interlocal A=m'eement". The "Agreement" has been amended and provides a small increase to the City of Sebastian. The previous percentage fora shm'e of the proceeds was 10.8267% and the new percentage is 11.9333%. This "A~m'eement" is for the period of September 1, 1995 to August 31, 1996. RECOMMENDATION Authorize the Mayor and City Clerk to execute the Interlocal Agreement between Indian River County and the City of Sebastian, providing a disn'ibution fmTnula for dividing t/l~,'"'"~ proceeds of the local option gas tax. Telephone; (4071 567-8000 May 31, 1995 Mr. Joel Koford City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 BOARD OF CO UNTY COMMISSIONERS 1840 25th Street, Veto Beach, Florida ?2960 SUBJECT: Update of Distribution Percentages Six Cents Local Option Gas Tax Dear Mr. Koford: As you recall, in January, 1995, the County Public Works Department requested that you submit recent figures for your town's transportation expenditures for the past five (5) years, number of lane miles of roadways under you municipality's jurisdiction, and number of bridges in your jurisdiction. These figures have been received and inserted into the Loc~ Option Gas Tax Formula agreed upon in 1985. The enclosed table stunmarizes the data received and includes a new distribution percentage. Also, enclosed is a new interlocal agreement for approval by your City/Town Council. Please contact me ff you have any questions regarding this issue. We must report the new percentages to Tallahassee before July 1, 1995. Sincerely, James W. Davis, P.E. Public Works Director JWD:blf/orchdtax enclosures: Gas Tax Distribution Formula Table - Ma~v 1995 Interlocal Agreement INTERLOCAL AGREEMENT between INDIAN RIVER COUNT'f, FLORIDA and CITY OF SEBASTIAN, FLORIDA THIS INTERLOCAL' AGREEMENT, entered into this ~ dsy of , 1995 by and between INDIAN RIVER COUNTY, FLOI{IDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners, he~-einafter referred to as COUNTY and the CITY OF SEBASTIAN, FLORIDA, a municipa! corporation of the State of Florida, hereinafter referred to as CITY, for th- purpose of providing for the division and distribution of the proceeds of the loca| option gas tax imposed by the COUNTY pursuant to Florida Statutes $36.025. WITNESSETH: WHEREAS, Florida Statutes 338.025 grants the COUNTY the authority to levy, in addition to other taxes allowed by law, a local option gas tax upon every gallon of motor fuel and special fuel sold in the COUNTY and taxed under the provisions of Chapter 206 Florida Statutes; and WHEREAS, pursuant to said enactment, the COUNTY may establish by interlocal agreement with one or more of the municipalities located within Indian River County representing a majority of tile incorporated area population within the county, a distribution formula for dividing the proceeds of the local option gas tax among the COUNTY government and all eligible municipalities within indian River County; and WHEREAS, the CITY is a municipality located within Indian River County, Florida and the CITY represents that the CITY is eligible to receive a portion of the local gas tax as imposed by the Indian River County Local Option Gas Tax Ordinance, and desires to jointly establish with the COUNTY a distribution formula pursuant to Florida Statutes 336. 025(3)(a)(1). NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants aud premises hereinafter set forth and pursuant to the statutory authority set fortt~ herein, the COUNTY and the CITY agrees as follows: 1. The proceeds of the local gas tax shall be divided among and distributed to the COUNTY and the eligible municipalities within the county as follows: RECIPIENT Indian River County City of Veto Beach City of Sebastian City of FeIlsmere Town of Indian River Shores Town of Orchid SHARE OF PROCEEDS 67.9217% 16.8350% 11.9333% 2.0974% 1.2053% 0.0073% 2. The division and distribution of tax proceeds as stated in paragraph 1 above shall be based upon the following formula: The percentage of total revenue allocated to each eligible entity equals 1/3 of the entity's percentage of total equivalent lane miles of road plus 1/3 of the entity's percentage of transportation expenditures over the previous five years plus 1/3 of the entity's total percentage of population residing in the area based upon the 1994 Population Estimate by University of Florida Bureau of Economic and Business Research. 3. This agreement shall take effect on September 1, 1995 and shall terminate on August 31, 1996. This agreement shall also govern the division and distribution of proceeds of the local option gas tax imposed through August 31st but not collected or otherwise available for distribution until after August 31st of the year the agreement terminates. 4. If, during the term of this agreement, any party hereto becomes ineligible to receive a share of the local option gas tax for any reason, any funds otherwise ~,ndistributed because of ineligibility shall be distributed to eligible governments within COUNTY in proportion to other monies distributed pursuant to paragraph ] herein and the share shall be calculated pursuant to the formula contained within paragraph 2 herein. 5. By execution of this agreement, neither the COUNTY nor the CITY will be deemed to have waived any rights or remedies they may have 8vailable under the laws of the State of Florida. 6. each fully instrument. 7. This agreement shall be executed in duplicate and executed contract shall be deemed an original Upon adoption of an ordinance levying the local option gas tax by the COUNTY, the COUNTY shall provided the State of Florida Department of Revenue the distribution proportions established by this agreement. 8. A copy o£ this agreement and all subsequent amendments herete shall be recorded in the Public Records of Indian River County, Florida, upon its execution and all parties hereto. 9. This agreement may be amended only in writing with approval by all parties executing this agreement. IN WITNESS WHEREOF, the parties hereto have caused this interlocal agreement to be executed by their duly authorized officials on the day and year first above written. INDIAN RIVER COUNTY, FLORIDA By its BOARD OF COUNTY COMMISSIONERS Attest: Kenneth R. Macht, Chairman Jeffrey K. Barton, Clerk CITY OF SEBASTIAN, FLORIDA Arthur Firtion, Mayor Attest: Kathryn O'Halloran, Clerk Approved as to form and content. Clifton A. McClelland, Jr. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Use Agreement Humane Society Approval For Submittal By: City Manager (~j AGENDA NO. Dept. Origin: City Manager Date Submitted:06/07/95 For Agenda Of: 06/14/95 Exhibits: -Use Agreement EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The Humane Society of Vero Beach and Indian River County, provides the Animal Control function for the Sebastian area immediately following any type of disaster that separates the animal fi'om the owner. The Society provides the cages, emergency medical treatment and helps in locating the owner. The proposed "Agreement" also limits the Society to a thirty (30) day occupancy, and they provide the necessary insurance coverage. As in the past, we have limited this "Agreement" to one year. RECOMMENDATION Authorize the Mayor and City Clerk to execute on behalf of the City of Sebastian, the attached "Use Agreement". ! P.O, BOX 644 VERO BEACH FLORIDA · 32961-0644 I ,o~hy F, Reynolds ~sl~en~ ~meri~us ~ARD OF DIRECTORS ,cV H, Benedict aid N. Wright : ;,'ice Pre~iden~ yard J, Smith, M.D. · f ?ice -:e R, ~bonati ,:~ b'ice Presiden~ ,~anne Cluff na C, Starck :n Becker ' '3ammann :a Demck ,:ne Fnedline ,'~ Grove "~ibach : ~ing '~ISORY BOARD · ~,:a Corbin Cousin Culber'~$on '~,e Ellis --!sher ne Ganm-BiehL DVM ,ard Minardi r~a Modey '~eiia Pere~ '~ORARY BOARD E. Brand Beacham, Jr. William H. Cochrane · ri Doremus, DVM :-> Dorernus, DVM .dorace C, Ford Dean Lockwood : G. Carlson e¢',ziiue Director ,d N Radabaugh :mfnf$~rcltiue ,'~SSt. -;70] 56~-6330 May 16, 1995 Mr. Joel L. Koford, City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 '] Re: Use Agreement with the City of Sebastian Dear Mr. Koford: For your review, enclosed is a copy of the "Use Agreement" between the City of Sebastian and the Humane Society of Vero Beach and Indian River County, Florida, Inc., last year for the use of the Barber Street Sports Complex in the event of a hurricane or other natural disaster. At this time, we would like to renew this lease for an additional year, per paragraph 9, of the lease signed last year. Should you or the City Council have any modifications, please incorporate them and I will place them in the agreement. On behalf of the Board of Directors, I thank you and the City Council for permitting the Humane Society to lease a portion of the Barber Street Sports Complex and for your concern of the animals of our communities. At your convenience, we would like to meet with you to discuss the procedures we will be following and any other details you deem necessary in case of a hurricane. Again, thank you and the City Council for assisting the Humane Society to provide care for the animals of our communities. S,_erely,i~qc ", . _ ~N. Radabaugh Administrative Assistant Enclosures We Speak For Those Who Cannot Speak For Themselves Member of The American Humane Associa[ion & Humane Society of the United S[a~es Thr,/~ Shop 1622-1626 14th Avemu¢ 567-2044 THIS USR XGR~aHSNT is entered into this day of ., 1995, between the CITY OF SEBASTIAN (City), whose address is 1225 Main Street, Sebastian, Florida 32958, and the HUMANE SOCIETY OF VERO BEACH, FLORIDA, INC. (Humane Society), whose address is 4701 41st Street, Veto Beach, Florida 32966. In consideration cf the mutual promises con=dined herein, City hereby grants the Humane society a license as follows: 1. The Humane Society is granted a license to use the area enclosed within ~he ball field at the Barber street Sports Complex (premises). This license is for the exprem~ purpose of the Humane society establishing a holding area for lost and found animals during a hurricane, tornado or other natural disaster. 2. The Humane Society may assume occupancy of =he premises upon notification to =he ci=y Manager that the Humane Society has de=ermined that a hurricane, tornado or ocher natural disaster is eminent or has occurred which will require the use of the premises and the City Manager concurs in such determination. 3. The Humane Society during occupancy shall provide for =he housing and care of =he animals a= such location. All animals will be ~ecured in cages or appr~priats enclosures during occupancy of the premises. 4. The Humane Society shall provide for sanitation, maintenance and care, including feeding the animals during occupancy. The Humane society shall clean up =ne city premises both during occupancy and a: the time of vacating the premises. The city by its execution of this Agreement does not assume any responsibility for the fee~ing or maintenance of any animals or any clean up during or after occupancy of =he premises. 5. The Humane society shall take all necessary steps to return t/%e animals to their owners as soon as possible, bu= in no event shall~he Humane society occupy the premises more than =hir~y (30) days after it assumes possession. 6. The initial term of =his Use Agreement shall be for a period of six (6) months commencing on June 1, 1995 and terminating November 30, 1995, however, either party may terminate this Agreement by furnishing five (5) days written notice of termination. 7. The Humane society agrees to pay the sum of One Dollar ($1.00) in the event the HL%mane Society assumes occupancy of the premises. Payment shall be made when the Humane Society assumes occupancy of the premises. 8. The Humane Society will indemnify and save =he City harmless from any and all liability arising out of the Humane Society's use or occupancy of the premises. The Humane Society will obtain liability insurance in nhe amount of One Hundred Thousand Dollars ($100,000.00) per person and Three Hundred Thousand Dollars ($300,000.00) per incident and furnish =he City a copy of such policy prior to assuming occupancy of the premises. 9. Either par~y may renew this Use Agreement for an a=ditional one (1) year period by providing a thirty (30) day written notice to the other party of the election =o renew. 2 However, tkis paragraph is specifically subject to the ~ermlna:ion provision con~ained in paragraph 6 herein*hove. IN WITNESS WHEREOF, the parties to this Agreeme~= have hereunto se= their hands and seals the day and year firs~ above wrl==en. ATTEST: CITY= Ka=hry~ ~- 0"'Hall6r~n CMC/AAE, Ci:y Clerk Name:~ Title: signed, sealed and delivered in ~he presence of: B%~MANE SOCIETY OF FERO BEACH, INC. Name: By: Name: City of Sebastian I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: Use of Community Center Turkey Raffle AGENDA FORM APPROVED FOR SUBMITTAL BY: City Manager: 7 Dept. Origin : City Clerk Date Submitted:__May 11, 1995__ For Agenda Of: __June 14, 1995__ Exhibits: Application Received 5/11/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQLrlRED: S~MARY STATEMENT The City of Sebastian has received a request from the Rotary Club of Sebastian requesting permission to use the Community Center for a turkey raffle on November 17, 1995 from 6:00 PM to 10:00 PM. They are also requesting the use of alcoholic beverages at the event and permission to sell tickets as an admission fee, both of which require Council approval per Resolution No. R-94-50, Section 1, Paragraph B (copy attached). The required security deposit of $250.00 and a rental fee of $50.00 (tax exempt) were received with the application. Historically this event has been approved for the past four years. RECOMMENDED ACTION Approve the request with the use of alcoholic beverages and permission to charge an admission fee. B. The City Clerk shall issue a use pe_~mit upon a deUe_~mination that the requested use is permissible oursuant to this Resolution and all fees have been paid. In the even~ tha~ the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after !1:00 p.m., or if an admission charge is to be assessed, then the City Clerk shall not issue a use permit until directed to do so by the City Council. C. A use permit for a group composed of minors shall be issued only to an adult who accepts the total responsibility for the supervision of each minor throughout the period covered by the permit~ D. No admission fee or other charge may be imposed by the permittee unless expressly authorized in the use permit. Prior to issuance of the permit, the City Council shall make a determination that the proposed admission charge or other fee is not intended to further a commercial purpose. E. The serving of food and/or use of kitchen facilities is prohibited unless specifically authorized in the use permit. F. The applicant shall disclose to the City Clerk the nature of the proposed activity and the anticipated need for extra work by City personnel. In the event, the City Clerk determines that the permittee will cause extra work by City personnel as a result of the proposed use, an additional fee shall be charged in order to fully recoup such cost. I I CITY OF SEBASTIAN RENTAL PERMIT APPLICATION [ X] COMMUNITY CENTER [ ] YACHT CLUB Nmme of perrm~ee RQTARY CLUB OF SEBASTIAN LdressofPermittee' P.O. BOX 781784, SEBASTIAN, Telephone No.:664 4457 FL 32974-1783 l ame of Orgamzation or Group ff Apphcable: ~,~ctson for Rental: TURKEY RAFFLE t. eauested Date: 11 / ! 7 / 95 Please Answer YES or NO: i 1) Are kitchen fac~ties reqmred? i2) Are you ct resident of Sebastian? 3) Will decorcfions be put up? SA~E Approx # of Persons Attending Event: Time of Day: From ,3 ~u To: yes yes no I I Isecunty Deposit $ 4) Will there be an admission or door charge? t i c k e t s 5) Will alcoholic beverages be served? yes (a) If answer to #S is Yes, Permittee's Proof of Age: all over 2!..years of aqe (b) If alcohol is to be served, perrms..sion is required by City Council. Your request will be presented to Council on.~'"-"~ i ¥. /¢/,¢.~ ' 3 ~,. '/'- ~ ~'~' ~ 250. O0 Rentat$,~ ~ 7%Tc~x ,.a.~ = $ ~ IMake Checks Payable to: CITY OF SEBASTIAN '"' SPECIAL NOTE: A service fee of 5% or $20.00 (whichever is greater) may be charged for any dishonored check per Florida State Statute 166.251. IOFFICEUSE ONLY Security Deposit Paid On _,¢///¢*.¢' ,~/e <-/'.~ ~ I /Dct/e C,~sh Check imtiais Rental Fee P~id On Date Cctsh Check Imtia!s IAlcohol J~ever~ge Requ. est heard at the CouncJ/Meeting on Key ~ckup Date I security Deposit RetUrned By City Check No. Comments: Key Return Date tn the amount of j~PPROVED/DENIED on City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Use of Yacht Club Wedding Reception APPROVED FOR SUBMITTAL BY: City Manager: AGENDA NO. Dept. Origin :__City Clerk. ~,~,"~.0'~ Date Submitted:__May 23, 1995__ For Agenda Of: __June 14, 1995__ Exhibits: Application Received 5/22/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQiYlRED: SUMMARY STATEMENT The City of Sebastian has received a request from Mari Parsons requesting permission to use the Yacht Club for a wedding reception on June 24, 1995 from 1:00 PM to 5:00 PM. She is also requesting the use of alcohol at this event. The required security deposit of $250.00 was received with the application and a rental fee of $50.00 + 3.50 tax will be due before scheduled use. RECOMMENDED ACTION Move to approve the request with the use of alcohol. DATE: Name of Permittee CITY OF SEBASTIAN RENTAL PERMIT APPLICATION Address of Permittee ' Reason for Rental: /2'~::~'~d!''':'~, /~,Oe_~,~D'-P'L Approx#ofPersonsAttendingFlvent:.,, 'l [ ] COMMUNITY CENTER [~x~ACHT CLUB Requested Date: Please Answer YES or NO: i) Are kitchen facilities required? 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be a'n ad.mission or door charge? 5) Will alcoholic beverages be served? (a) If crnswer to #5 is Yes, Permittee's Proof of Age: (b)CouncilIf alcohOloniS tofi~,~j, ao,._.:....ser, md, ,'perrmssi°n~' / ~;' ? ¢is required by City Council. Your request will be presented to Security Deposit $ ~.5"-C. ~ Rental $ ~'~..~. ~'-C: .e 7% Tax ,.,,7, .ge = $ 3-.~. _f-c Mc~ke Checks Payable to: CITY OF SEBASTIAN * ** SPECIAL NOTE: A service fee of 5% or $20.00 (whichever is greater) may be charged for any dishonored check per Florida State Statute 166.251, OFF1 CE USE ON.L.Y Security Deposit Paid On Rental Fee Paid On /Date / Cash Check Initials Date Cash Check Initials APPROVED/DENIED Alcohol 5everage Request he~rd at the Council Meeting on Key Pickup Date Secunty Deposit Returned By City Check No. Comments: Key Return Date m the amount of on City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 (407) D FAX 589-5570 SUBJECT: REQUEST FOR USE OF RIVERVIEW PARK BY ASSOCIATES OF KMART Approved For Submittal By: City Manager Dept. Origin: Community Development. (BC~, Date Submitted: For Agenda Of: Exhibits: 6/05/95 6/14/95 Deb-E. LaCivita letter of 5/20/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Associates of the Sebastian Kmart would like to utilize Riverview Park on Sunday, June 25, 1995 to have a store picnic for their employees and their families. The applicant has also requested the use of electric. Unless otherwise stipulated by City Council, the following are established 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. RECOMMENDED ACTION Move to approve the request from the Associates of the Sebastian Kmart to use Riverview Park on June 25, 1995, including electric, with standard conditions. ~ Dear Mr. Cooper, The Associates of the Sebastian Kmart would like %o use %he River View Park on June 25, 1995 to have a store picnic. We are expecting approximately 100 people in attendance, this is Associates with their family members, for an afternoon of games and a cookout. We would like to use the large Pavillion due to the size of our group and would need electricty for the use of our stereo equipment. We will be playing a nice mix of background music at a respectfull volume, and possibly use s microphone for announcements. Hoping to hear a confirmation and approval as soon as possible. Tha~nk you, Personnel Manager CODE (43) 0-94.4007d 1-t--9/90~FS City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: MEMBER TO THE PLAN~ING AND ZONING COMMISSION Dept. Origin: Community Development Date Sttbmitted: 6~6/95 Approval for Submittal By: · City Manager For Agenda Of: Exhibits: 1. Applications 2. 3. 6/14/95 Memo dated 6/2/95 from Planning and Zoning Commission Secretary Section 10, R-94-51 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of May 4, 1995, Mr. Earl Shroyer of the Planning and Zoning Commission announced his 1st full term was expiring in June and he would like to apply for reappointment. The position was advertised to the public until May 16, 1995. After its review of all the applications at its June 1, 1995 meeting, the Planning and Zoning Commission passed a motion to recommend to City Council to re-appoint Mr. Earl Shroyer to another 3-year full term. However, the provisions of Section 10, Resolution R-94-51, requires the City Council to interview each applicant at a public meeting prior to voting for their selection. There are three applicants in addition to Mr. Shroyer, and copies of their respective submittals are attached. RECOMMENDED ACTION Interview the applicants prior to voting for your selection. OME ADDRESS: HOME TELEPHONE: 4 BUSINESS: APPLICATION TO SERVE ON CiTY BOARD~.~ . BUSINESS ADDRESS: 6 7 8 9. BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: RESL~ME OF EDUCATION AND EXPERIENCE: (use additional sheets if necessaz-f or submit resume if available) 10. Voter r~gistration no. ~2/~-~/ %!. !2. %3. 14. 15. Are you a resident of the City? Length of Residency Do ~ou hold a public office? Do ~ou sez-~e on a Ci~f Board at present? Yes_~_~ No__ PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please numDer in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE - *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING ~ HANDICAPPED COMMITTEE What qua!ificstions do you have to seize on this board? 17. What r@asons do you have for wishing ~o ser-~-e on an advisory Yes No_~_~ Yes ~ 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 Soard other than the one(s) ~ou selected above? Yes No ~ I hereby certify that I am qualified to hold the position for which this application is made. Further, % 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. , Applicant $ignatu~ Subscribed and sworn to before me this~.~day o CF/ 3, .... - - as ident~' ~Lcation. / -:7/ 1.' J~; ~% ~ -' ' ' Name of Nota~f (pri~ or Typed) Co~ission No. rm k application l£:u'l ',Villian Shr~vcr ,'3~b;~sian. trtomla 32958 '.,Vorl,: H. is~r:~.'y: !9,47-1952 1952-1956 1956-1957 1957-1.986 U. S...\. t;'. Medical Techifician Data Processing Tectmician l..B.,'x [, Data Processh~g Tectmici:m General Moiors Cm-poralion Data Processing Tecbatician Chr~'sler Corporation Data Processing Teclmician Data Processing Application Specialist Computer Pro~ammer Svstem Analysts Group Leader p!'ojcct Leader :M'ea of Assi~awunents Accounts Payable Accounts R~c~ix.'ables Budget Dealer Lnvoicing Federal Tax Reporting Fixed Assets Reporting General Ledger Employee Benelits Reporti.ng Executive Compensation Reporting Legal Department Payroll Hourly Executive Retiree Sal:u.-y Personnel Reporting ~,V al-l'a£1 [y Vehicle [llvelllol-v J~ducalio[~ C~nm~l [-t.i~ Set,oat Flint. Michigan .-\headed R.T.S. Electronics Flint Jumor College Business law Economics Macomb Co~mnuh.ity College Data processing Flint...'x.lichi~an Fl.int. M.ichigan Macomb County Xlictfigan Avocations Architecture I have desi_m'ted eight (8) houses, of ~vtfich seven (7'.) were built, ~cluding mv home m Sebastiam also [ have consmmled a house ~ Sebastian as a owner-buOdcr, wlfich Wes me war,ag ~owledge of bu~dh~g fi'aming, electtscaL plumbing, thw~vatl msta~ation. tmn carpentU', roofing, cabinet design and installation, anti cement installati(m, . Display layout desi~ [ desist and build layout ibr CtuSstmas display Ibr Department 56 p,-oducts. wtfich is ~l =ll~ct city plamfing, i.e.. ra~onds. SII'::IS. parks, sideways, strert light'g, landscaping, bridges, buildh~g locations, t~ncing, rela~ing waBs. lakes and tSvers. we~s. cranes, and other ~sceBaneous items. i also do moldNg and castings for the above layouts, wNch ~cludes bridges, stahwavs, m~el portals, tree tm~s.. ITY OF SEBASTIAN HOME TELEPHONE: BUSINESS: 5. BUSINESS ADDRESS: 6. BUSINESS TELEFMONE: SOCIAL SECURITY NUMBER: DRIVERS LICENSE NU~[BER: 9. P~ESUME OF EDUCATION AriD EXPERIENCE: 1Voter registration 10, 11. 12, 13, 14. 15. 16, Are you a re~tdeut of the city? L~Dg'ttl of Residency BOARD OF ADJUSTMENT CEMETERY COM~ITTEE CODE ENFORCEMENT BOARD CONSTRUCTION BOAZD PI~ING AND ZONING HANDICAZPED COM/tITTEE YeseS_No. Yes No~/ Do you hold a public office7 PLEASE CHECK THE BOARD(.~.v~-7~f0U ~*.7 ~E D IN SERVING ON'. (Ple~s~ numar in orderJ~ p~efe,~nc~ wi~}~ the firz~ cno~c~ What, qualifications do you have to serve 'on this board? 17 · Wl~at reasons do you I%ave for WilSt{"{ng to serve on an advisory board? ~,~,~ ~jz,~ Co~ gU-~ur~-- ,~ ~c c :~ . 1.1 17 '95 10:4~AH CITY OF SEBASTIAN P'3/B 18. }{ave. you ever been convicted of any felony or any' misdemeanor involving moral turpitude in tllis or any stat~? . . Yes No ~ 18. Would yo%% con~ider servin~ on another B~grd other tha~ the on~(s) you ~elected above? ' Yes ~ N[~ ~' I hereby certify that I am qualified to hold the position for which this app%icat~n i~ mgde. FUrther, I h~reby au~orize the city of Sebast%an to investigate the-truthfulness ~f all. info~lation which I have provided in 'this application. I understand that any misrepresentation or omission of.information 2[ ~derstand ttiat the city Council of t~e City of SEBASTI~ ma% suspend or rem?ye from 'office any municipal b?ard member for~ malfeasance, mlsfeasanoe, n~gle~t~d duty, habitual dru~enness, incompetence, or permanent ~nablllty to perform liis official duties. Further, I understand that tile city Council may suspend any municipal board me,er who is arrested for a felony or for a misdemeanor r~lated to the duties of his o{fice or who is i~dicated or informed against for the co~lssiol, of any felony or misdemeanor. I hereby authorize the Sebastian Police Departme~t to run an activa warrant chm~k on me. SWO= TO =D SUBSCRIBED b~fore me ~h~s "%0 day of ~L~,~ . , %~k~ue/~o.cled By Se~ice Ins My Commissioh Expl.res: \ws-form\board.apP JOSEPH W. SCHULKE 466 Caravan Terrace Sebastian, Florida 32958 (407) 589-9045 Education - R~qistration university of Miami, Coral Gables, Florida Bachelor of Science, Civil Engineering, May 1989 Bachelor of Science, Architectural Engineering, May 1989 Registered Engineer Intern, Registration No. 1088 EL 326, August 1989 Florida Certified Building Contractor, License No. CBC 050073BC (Active 1990) Florida Registered Professional Engineer, License No. 47048 (1993) Employment Experience Llpyd. & Associates, Inc.. Consulting Engineers and Surveyors 1835 20th Street Veto Beach, Florida 32960 Positions: 1985 - 1986 1987 Part Time Part Time Survey Crew Draftsman McOueen & Associates, Inc. Consulting Engineers and Surveyors 780 22nd Place, Suite 201 Vero Beach, Florida 32960 Positions: 1987 - 1989 1989 - 1993 Part Time Full Time Project Engineer Project Engineer Kniqht~ McGuire & Associates, Inc. Consulting Engineers and Planners 830 Azalea Lane, Suite 204 Vero Beach, Florida 32963 Positions: 7/93 - Present Project Engineer William J. SchulkeLInc~. Building Contractor 1249 Larkspur Street Sebastian, Florida 32958 Positions: 1985 - 1990 1990 - Present Personal Part Time Laborer/Admin. Duties Vice-President/Consultant and Qualifying Agent for Licensure Birthdate: December 6, 1965 Birthplace: Atlantic City, New Jersey Married: 12/90 Spouse: Nadia Alejandra . 3. 4. 5. 6. 7. 8. 9. CITY OF SEBASTIAN APPLICATION T__O SERV____~E O__N C_~ _BOARD (use additional sheets if necessary or submit resume if available) 10. 11. 12. 13. 14. 15. Voter registration no. q O ~, ,.~ 60 Are you a resident of the city? Length of Residency Do you hold a public office? Yes./ No__ Yes No V/ Do you'serve on a city Board at present? yes V/ No PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED 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 16. _What qualifications,do you h~ve to,.serve on thi~board? 17. What reasons do yo~ have for wishing to serve on an ad~'{s6ry ..... ' board? ~ /~ ~ ~',3~ ...~ ii 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 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. SWORN TO AND SUBSCRIBED before me this &~O77~ day of Notary Public, Sta~ of Florida My Commi,sion Expires: //~6~7 \ws-form\board.app 2 12 Sears - 1976 - 1990 Full time Automotive sales, service, and manage- ment control. Able Paving- 1965 - 1980 Full time/part time. Owned and managed asphalt paving company. Customer con- tact and all non-physical aspects of operations and employee relations. Amprex Electronics- 1957 - 1965 Maintained labor relations/employment office - handling paperwork for the employment of engineers. Have written job descriptions for civil service. United Nations Co-op. 1950 - 1957 This position dealt with operating a gift shop in the General Assembl~ Building - also negotiated charter flights with KLM for repatriations. Purchasing, layout, ordering, and all correspondence. . 4. 5. 6. 7. 8. APPLICATION TO SERVE ON CITY BOARD / OME AODRESS: HOME TELEPHONE: ~¢7--~--3 / f~ BUSINESS: ~ ~ [ ~ BUSZNES$ ADDRESS: ~ ~ / ~ BUS %NESS TELEPHONE: SOCIAL SECURITY ~BER: ,/0 ~-O /~ /Oo DRIVERS LICENSE ~BER: ~20 -3~O - RES~E OF EDUCATION AND EXPERIENCE: (use additional sheets if necessary or submit resume if available) 10. Voter registration no. ~ /~/~ ~ 11. Are you a resident of the City? 12. Length of Residency 13. Do you hold a public office? Yes / No / 14. Do you serve on a City Board at present? Yes No~. 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 CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD .*CONSTRUCTION BOARD *PLANNING AND ZONING HANDICAPPED COMMITTEE !6. What qualifications do vou have to serve on this board7 ! / / / . . 17. What reasons do you have for wishing to serve on an adviso~ board? -18~ Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state~ '~ "' ' ~ ~ ~ Yes NO · ~9. Would you consider serving on another Board other than the one(s) you selected above? 'Yes 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 cmuse 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. · ~ ~ A~plica~t ~gnature' ~/ Subsc~ribed ag~ sworn to~_~efore this ~ , 19~, by /v/~ ~ /~/,~,~. ~_2~. day of . , ho is perso~liy known to me o~_~ ~z~~' ~. - ~ion. Name of Notary (Printed or Typed) Commission No. application Resume of Har.~-~ Thomas, Jr. Dated: May !9, 1994 Home Address: 654 Balboa St. Sebastian, F1 32958 Phone ~: 407 388-3196 Wife's Name: Lillie Helen EDUCATION: MILITARY: New York Public School System - Certificaue 6/36 University of the State of N~Y. - High School Equivalency Diploma 1964 De Forest Institute Chicago, Illinois - Electronics Certificate 1945 University State of N.Y. N.Y. Agricultural Institute ' Elements of Electrical and Electronic Systems 1964 Various Industrial Schools for Electronic and Data Systems USkF 1940 thru 1945 HONORABLE DISCHARGE Highest rank: Staff Sergeant Security Clearance - High - Now inactive due to retirement Present occupation: Retired from Grumman, Melbourne Systems after 25 years of service as a Sen~or Engineer. Retirement date: August '90. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: June 2, 1995 Mayor, City Council Dorri Bosworth, Secreta~ Planning and Zoning Commission Expired Regular Member Position At its regular meeting of June 1, 1995, the Planning and Zoning Commission interviewed all the applicants who applied for the expired regular member position, previously held by Mr. Earl Shroyer. When Chairman Thompson opened the floor for nominations, Mr. Goldstein nominated Mr. Shroyer for re-appointment and Mr. Barnes nominated Mr. Harry Thomas. A voice vote was taken by the commissioners and was as follows: Ms. Brantmeyer: Mr. Barnes: Mr. Fischer: Mr. Munsart: Mr. Shroyer: Ckmn. Thompson: Mr. Goldstein: Mr. Thomas Mr. Thomas Mr. Shroyer Mr. Shroyer Mr. Shroyer Mr. Shroyer Mr. Shroyer Mr. Barnes made a motion that the Planning and Zoning Commission recommend to City Council to re-appoint Mr. Earl Shroyer to the Board for another 3-years, of which term will expire in June of 1998. Mr. Munsart seconded the motion. Roll call was taken. 7-0 motion approved. Section 9. SOLICITATION FOR APPLICAxNTS. a. The City Clerk shall, by press release in a newspaper of general circulation in the City of Sebastian, notice open pcsitions at the request of board secretaries. Section 10. INTERVIEW. The respective board, commission or committee may interview an applicant at a public meeting however, the City Council shall interview each applicant at a public meeting, and shall vote for their selection at ~ public meeting designated for such purpose. Sect ~,D 11. REMOVA~. a. Prior to suspending or removing a member of an appointive board, commission or committee, the city Council shall specify sufficient facts to advise the affected member as to the basis for his or her suspension or removal, provide reasonable notice, and an opportunity to be heard prior to any action being taken. b. The City Council may suspend or remove from office any member of an appointive board, commission or committee, for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform his or her official duties. c. The city Council may suspend or remove from office any member of an appointive board, commission or committee, for the falsification or omission of information requested on the application form; the failure to attend three (3) consecutive regular meetings of the respective board, commission or I City of Sebastian 1225 MAIN STREET r-, SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Consulting Engineer Rate Structure-Craven Thompson & Associates, Inc. Approval For Submittal By: City Manager EXPENDITURE AMOUNT AGENDA NO. Dept. Origin: City Manager Date Submitted:06/02/95 For Agenda Of'. 06/14/95 Exhibits: -Proposed Agreement, Craven Thompson, Associates, Inc. With - Attachment #1 Public Entity -Attachment #2 Standard Billing Rates APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY The attached proposed rate structm'e for professional engineering services is the result of negotiations with Craven Thompson & Associates, Inc., and is included within the proposed consultant agreement. The negotiated rates are slightly lower than the rates the City is currently paying to consultant engineers. The consulting agreement has been reviewed by om' City Attorney and staff. RECOMMENDATION Recommend the City Council authorize the Mayor and City Clerk to execute the proposed a~eement and rate structure. ~ STORMWATER CONSULTING ENGINEER AGREEMENT THIS AGREEMENT made this day of , 1995 by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, hereinafter referred to as "City" and CRAVEN THOMPSON & ASSOCIATES, INC., a Fiorida corporation, with offices located in Veto Beach, Florida, hereinafter called the "Consultant." WHEREAS, the City desires to engage a consultant who has special and unique competence and experience in providing the planning, programming, engineering and technical services for stormwater management; and, WHEREAS, the Consultant represents that it has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Consultant in accordance with its procedure for selection of technical consultants; and, WHEREAS, the City and the Consultant desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: 1. ~kg~: The Consultant and the City understand and agree that this Agreement shall cover all of the services of the Consultant which the Consultant is providing to the City of Sebastian. This Agreement is not an exclusive agreement and the City may employ other consultants, professional or technical personnel to furnish services for the city as the City in its sole discretion finds is in the public interest. 2. Employment Df Consultant: The City hereby agrees that it may engage the Consultant and the Consultant hereby agrees to perform professional services for the City in accordance with this Agreement. The Consultant may furnish planning, programming, engineering and technical management services for this project, as specifically assigned by the City from time to time as required in connection with the planning and possible development of a stormwater utility. The services that the Consultant may furnish to the City shall include, but not be limited to, the following: (1) Planning (2) Programming (3) Engineering and/or Architectural Design (4) Technical Management Services (5) Special Services relating to Maintenance, Financial, Bonding, Environmental or Land Use Studies, Land Acquisition, Regional Impact Studies (DRI), Permitting and related studies. (6) Additional Services including, but not necessarily limited to, Engineering Surveys, Property Surveys, Materials Testing and Sub-surface Soil Investigations. (7) Any other services as directed by the city. Each individual assignment shall be the subject of a separate agreement, written in the City's standard format for the type of services involved, supplemental to this Agreement, and shall be designated "Supplemental Agreement No. __", the "number" being in accordance with the sequence in which the assignments are made. The breach of any material condition of any Supplemental Agreement by the Consultant shall be considered a breach of a material condition of this Agreement, and shall constitute grounds for the termination by the City of this Agreement and all Supplemental Agreements in effect at the time of the breach. The assignments may include, but not necessarily be limited to, the following: To Be Determined By The City Manager. 3. ProSect Schedules: The Consultant shall perform the services outlined under Paragraph 2 of this Agreement and as specifically established in subsequent Supplemental Agreements in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Consultant commencing upon written authorization by the City to proceed with the assignment and terminating upon completion of the Project. 4. Joint Cooperation: The closest collaboration and cooperation shall be maintained by the Consultant with representatives of the City and the City will be entitled at all times to be advised, at its request, of the status of work done by the Consultant and of the details thereof. The City shall furnish to the Consultant all pertinent existing information deemed necessary by the Consultant to be relevant to the execution of the Project. The City will have the right to inspect the work of the Consultant at any time. Either party to this Agreement may request and be granted a conference. 5. Claims: Claims arising from changes or revisions made by the Consultant at the City's req~.est shall be presented to the City before work starts on the changes or revisions. If the Consultant deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Consultant shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Consultant a method acceptable to the City for keeping strict account of actual costs, then the Consultant hereby waives its request for such extra compensation. The City is not obligated to pay the Consultant if the City is not notified as described above. The Consultant may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Consultant and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 6. Termination: The provisions of this Agreement or any Supplemental Agreement may be terminated by the City with or without cause. If terminated without cause by the City, at least thirty (30) days written notice of such termination shall be given to the Consultant. (1) In the event the City without cause abandons, terminates or suspends this Agreement or a Supplemental Agreement or Agreements, the Consultant shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and documents generated by the Consultant shall remain the property of the City as outlined in Paragraph 12. (2) In the event the Consultant terminates this Agreement without cause, all tracings, plans, specifications, maps, computer programs and data prepared by the Consultant under this Agreement shall be considered property of the City. The City may enter into an agreement with others for the completion of the work under this Agreement. 7. Compensation: The City will pay the Consultant in accordance with the applicable Supplemental Agreement covering the specific assignment involved. For the purposes of this Agreement, average hourly rates, as shown in Attachment III, shall be used as a basis for services with appropriate overhead and fixed fee multipliers added with estimated indirect expenses to determine total fee compensation for each assignment. Each July 1, appropriate adjustments in salary, overhead and reimbursable rates will be established for the following year by mutual agreement of the parties. 8. ~_~: The Consultant shall submit invoices for payment in accordance with the Schedule established in each Supplemental Agreement. The requests for payment shall be in the form and the manner required by the City. The Consultant and the City understand and agree that no work shall be compensated for under this Agreement unless such work is covered by a written Supplemental Agreement which is executed by the Consultant and the City and contains a scope of work, time schedule and compensation schedule. 9. Reimbursement of Costs: The Consultant shall obtain approval from the City Manager prior to incurring any travel or lodging expenses on behalf of the city. Travel expenses for the Consultant, when authorized, shall be paid in accordance with the city of Sebastian policy and Section 112.061 of the Florida Statutes. 10. Term: This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend for a period of five (5) years from such date. On the expiration of the term of this Agreement, the City and Consultant shall have the right to extend this Agreement for an additional five (5) year term on the mutual written agreement of the parties. If the Agreement is extended, either party has the right to renegotiate the hourly rates for professional services. 11. Covenant Against Contingent Fees: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 12. Right to Work Products: No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Consultant, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement or any Supplemental Agreement shall remain the property of the city without restriction or limitation on their use. A set of reproducible drawings shall be provided for the city's files. However, any use of any plans and specifications by the city except the use reasonably contemplated by the City at the time the city entered this Agreement or any Supplemental Agreement will be at the City's risk. 13. ~: The Consultant represents that it will secure at its own expense all personnel required for services which are necessary under this Agreement. All services under this Agreement shall be performed by the Consultant and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. The city shall have the right of approving the project manager to be employed by the Consultant for the 7 services to be rendered under this Agreement. This is a personal service contract and the Consultant shall personally furnish services under this Agreement. Personnel who perform services under this Agreement shall not be employees of the City. 14. Responsibility of the Consultant: (a) The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in his drawings, specifications, reports and other services. (b) Approval by the City of drawings, specifications, reports and incidental work or materials furnished hereunder shall not in any way relieve the Consultant of responsibility for the technical adequacy of the work. The City's review, approval or acceptance of or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable in accordance with applicable law for all damages to the City caused by the Consultant's negligent performance of any of the services furnished under this Agreement. (c) The rights and remedies of the City provided for under this Agreement are in addition to any other rights and remedies provided by law. 8 15. ~ubcontracts and Assignability: The Consultant shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the city. Any sub-contracts or other work which is performed by persons or firms other than the consultant under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or consultants required by the Consultant in connection with services covered by this Agreement or any work orders must be specifically approved by the city Manager. 16. Truth-In-Ne~otiation: In accordance with the provisions of Chapter 287.055, Florida Statutes, the Consultant agrees to execute a truth-in-negotiation certificate and agrees the original contract price and any additions may be adjusted to exclude any significant sums by which the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. 17. Interest of Members of city and Others: No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 18. Certification of Restrictions on Lobbying: The Consultant agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Consultant to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Consultant to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 19. Access to Records: The City, FAA, FDOT and any other duly authorized representative shall have access to any books, documents, papers and records of the Consultant which are directly pertinent to a specific Grant Program or supplemental to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. The Consultant shall maintain all project 10 records for three (3) years after final payment is made and after all other pending matters are closed, whichever is later. 20. /~IL~32~L~JLQ~: The Consultant agrees to the covenants and shall provide insurance to the City in accordance with Attachment II, which is incorporated by reference into this Agreement. 21. Interest of Contractor: The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Consultant shall not undertake any professional work which conflicts with his duties as the City's Consultant without the prior written consent of the city during the term of this Agreement or after the termination of this Agreement. Any work where the Consultant can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 22. Qompliance With the Law: The Consultant expressly agrees to comply with all laws and regulations relating to providing services under this Agreement. The failure of the Consultant to adhere to any law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 23. ~: The waiver by the City of any of the 11 Consultant's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Consultant under this Agreement. 24. Public Entity: The Consultant shall file a sworn statement with the City which is Attachment II stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime s~bsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 25. ~: Upon the satisfactory completion of any work performed under a work order and prior to final payment under such work order for the work, or prior to settlement upon termination of this Agreement and as a condition precedent thereto, the Consultant shall execute and deliver to the City a release of all claims against the city arising under or by virtue of the work order. 26. Indemnification: For $100.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Consultant shall pay, indemnify and save harmless the city, its agents, guests, invitees and employees, from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description to which the City, its agents, guests, invitees or employees may be subjected to by reason of injury to persons or death or property damage resulting from or growing out of any negligent act of commission, omission, or fault of the Consultant, its agents or employees, committed in connection with this 12 contract. 27. Drug-Free Workpla~e: Consultant's drug-free workplace policy is to prohibit in the workplace the unlawful possession, use, dispensation, distribution or manufacture of controlled substances. For purposes of this policy, "controlled substances" include inhalants and illegal drugs. Alcoholic beverages are also prohibited on the company premises unless provided by a company sponsored event. .Violation of this policy will result in disciplinary action up to and including termination of employment. Depending upon the circumstances, other action, including notification of appropriate law enforcement agencies, may be taken against any violator of this policy. In accordance with the Drug-Free Workplace Act of 1988, as a condition of employment, staff members must comply with this policy and notify management within five (5) days of a conviction for any criminal drug violation occurring in the workplace. Failure to do so will result in immediate termination of employment. We, in turn, will, as required by the Act, report such convictions within ten (10) days of our learning of the conviction to the appropriate federal agency. Any staff member arrested in connection with a criminal drug violation occurring in the workplace will be placed on personal leave of absence without pay and could face termination of employment pending the outcome of any legal investigation and conviction. 13 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. CITY: ATTEST: THE CITY OF SEBASTIAN Kathryn M. O'Halloran CMC/AAE, City Clerk By: Name: Title: Signed, sealed and delivered in the presence of: CONSULTANT: CRAVEN THOMPSON & ASSOCIATES, INC. Name: Name: By: Name: Title: 14 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: R-95-34 Approval For Submittal By: City Manager ~ AGENDA NO. ~--/~//2 Dept. Origin: City Manager Date Submitted:06/09/95 For Agenda Of: 06/14/95 Exhibits: -Resolution R-95-34 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY At the end of each twelve (12) months of operation, the Utility financial statements are reviewed to assure fiscal compliance with the rate covenants m the Municipal Bond Resolution. In the event the financial statements reveal any deficiencies, the rates and charges are adjusted by mending the Resolution that established the current Utility rates and charges. The provisions of Section 5.04 Rates, of Resolution R-93-67, requires the City to "fix, establish and maintain such rates and collect such fees, rates, or other charges for the product, service and facilities of its system, and revise the same from time to time, whenever necessary, as w/il always provide in each fiscal year... Net revenues which at least equal (1) one hundred fifteen percent (115%) of the Annual Debt Service on all Outstanding Bonds becoming due in such fiscal year plus (2) one hundred percent (100%) of any mounts required by the terms hereof..." The net income for the accounting period ending September 30, 1994, was ($41,096) or an operating loss of $41,096. The correct number should have been $296,105 in net operating income. As a result of the negative figure, we are required to adjust our water and wastewater rates sufficiently to make up the loss and provide sufficient revenues to satisfy the rate covenant. In th/s regard, the appropriate rate changes have been made in the proposed Resolution R-95-34, to reflect a one dollar ($1.00) increase per 1000 gallon in water and wastewater rate schedules. RECOMMENDATION Approve Resolution R-95-34. RESOLUTION NO. 11-95-34 A RESOLUTION OF TltE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISI:ll-NG A WATER SYSTEM RA~ SCI:[EDULE AND A WASTEWATER SYSTEM RATE SCHEDULE AS PROVIDED IN ORDINANCE NO. O-93-19 AND Tile CODE OF ORDINANCES OF TItE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITIt; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WItEREAS, pursuant to Section 14 oft. he City Ordinance No. O-93-19 and the Code of Ordinances of the City of Sebastian, the City Council shall have the duty, right, power and authority to establish and adopt by Resolution a water system rate schedule which shall apply to each customer of the City's water system; and WltEREAS, pursuant to Section 15 of the City Ordinance No. O-93-19 and the Code of Ordinances of the City of Sebastian, the City Council shall have the duty, fight, power and authority to establish and adopt by Resolution a wastewater system rate schedule wtfich shall apply to each customer of the City's wastewater system; and Wl~REAS, pursuant to Chapter 180.301 Florida Statutes, the City Council may establish just and equitable rates or charges to be paid to the municipality for the use of the utility by each person, faro, or corporation whose premises are served; and WtIEREAS, the rates established herein provide funding for water and sewer utility services which promote the health, safety, and general welfare of its customers and is therefore beneficial to the ratepayers of the system. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCiL OF ~ CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ~ WATER SYSTEM RATE SCI:IEDULE. Pursuant to Ordinance No. O-93-19 and the Code of Ordinances of the City of Sebastian, the City Council hereby establishes and adopts the water system rate schedule as attached to this Resolution as Exhibit "A". ~,~_TJ_O_N_~ WASTEWATER SYSTEM RATE SCItEDULE. Pursuant to Ordinance No. O-93-19 and the Code of Ordinances of the City of Sebastian, the City Council hereby establishes and adopts the wastewater system rate schedule as attached to this Resolution as Exhibit "B". F~gT. II.O~N~ CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any pan 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 2 causing said remainder to remain in full force and effect. ~ EFFECTIVE DATE. upon its adoption. The foregoing Resolution was Mayor Arthur L. Firtion This Resolution shall take effect immediately moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Vice Mayor Carolyn Corem Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Halloran 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 (SE C) Approved as to Form and Content: Clifton A. McClelland, Jr., City Attorney (1) meaning: EXHIBIT "A" WATER SYSTEM MONTHLY RATE SCHEDULE Defmition. As used herein, the following terms shall have the following (a) "Residential" means an individual dwelling unit designed for more or less permanent household occupancy which would include individual cooking and bathing facilities. Examples are a single family home, efficiency apartment unit, cooperative apartment unit, duplex mt, and multi - family residential building mt. Co) "General Services" means a use of land or a building for non-residential purposes, but shall include a residential use which has identifiable "general service" characteristics, as the term is used herein, both of which use the same water meter. Examples are hotels, motels, commercial business, rooming houses, buildings into which the public is invited and not designed for household occupancy and not including cooking and bathing facilities. (2) Schedule. The City Council hereby adopts the water system monthly rate schedule set forth herein. The rates, fees and charges in the following schedule shall apply to each customer of the water system beginning with the charges payable by the customer in connection with the first reading of the customer's water meter by the City or the first monthly billing by the City after the City adopts the rates presented herein. The water system monthly rate schedule is as follows: EXHIBIT "A" (Continued) Residential and Multi-Family Service: Monthly Rates Billing Charge Base Facility Charge Volumen-ic Chm'ge 0-3,000 gallons 3,001-7,000 gallons 7,001-13,000 gallons Above 13,000 gallons $ 2.25 per Bill 11.25 per ERU 2.51 per 1,000 gallons 2.85 per 1,000 gallons 3.20 per 1,000 gallons 5.20 per 1,000 gallons General Service: Billing Charge $ 2.25 per Bill Base Facility Charge 5/8 inch 11.25 per meter 1 inch 28.15 per meter 1 1/2 inch 56.25 per meter 2 inch 90.00 per meter 3 inch 180.00 per meter 4 inch 281.25 per meter 6 inch 562.50 per meter Volumemc Charge: Block 1 (1) 2.51 per 1,000 Block 2 (~) 2.85 per 1,000 Block 3 (1) 3.20 per 1,000 Block 4 (1) 5.20 per 1,000 gallons gallons gallons gallons 1. The following tabulations summarizes the usage block levels by meter size for the commercial class based on equivalent residential factors by meter size. Meter Size General Service First Block Usaze Threshold General Service Second Block Usa_ce Threshold General Service Third Block Usage, Threshold General Service Fourth Block Usage Threshold 3/4 inch 1 inch 1 1/2 inch 2 inch 3 inch 4 inch 6 inch 3,000 7,500 15,000 24,000 48,000 75,000 150,000 7,000 17,500 35,000 56,000 112,000 175,000 350.000 13,000 32,500 65,000 104,000 208,000 325,000 650,000 Above 13,000 Above 32,500 Above 65,000 Above 105,400 Above 208,000 Above 325,000 EXHIBIT "A" (Continued) (3) Annual Rate Indexing Adjustment. Pursuant to Section 9, Ordinance 0-93-19, the City hereby adopts an annual automatic rate increase to all rates, fees and charges set forth herein and which shall be applied to such rates and charges which are in effect mediately prior to the effective date of each such annual increase. The purpose of such annual rate indexing is to provide annual rate adjustments commensurate with the escalation of utility operating expenditures and inflation. The annual rate index shall be the greater of either the Consumer Price Index (CPI) factor or a minimum of 3.0% per year for the fiscal years beginning October 1, 1994 through and including October 1, 1997 and equivalent to the CPI index thereafter. Each annual increase shall take effect and be imposed on bills rendered on and after October 1st of each fiscal year. EXHIBIT "B" WASTEWATER SYSTEM MONTHLY RATE SCHEDULE (1) Definition. As used herein, the following terms shall have the following meaning: (a) "Residential" means an individual dwelling unit designed for more or less permanent household occupancy which would include individual cooking and bathing facilities. Examples are a single family home, efficiency apartment unit, cooperative apm~nent unit, duplex unit, and multi-family residential building unit. (b) "General Service" means a use of land or a building for non-residential purposes, but shall include a residential use which has identifiable "general service" charactehstics, as the te~n is used herein, both o£ which use the same water meter. Examples m'e hotels, motels, commercial business, rooming houses, buildings into which the public is invited and not designed for household occupancy and not including cooking and bathing facilities. (2) Schedule. The City Council hereby adopts the wastewater system rate schedule set forth herein. The rates, fees and chm'ges in the following schedule shall apply to each customer o£ the wastewater system beginning with the charges payable by the customer in connection with the first reading of the customer's water meter by the City or the first monthly billing by the City after the City adopts the rates presented herein. The wastewater system monthly rate schedule is as follows: EXHIBIT "B" (Continued) Residential and Multi-Family Service: Monthl~ Rate: Billing Charge Base Facility Charge (*) Volumetric Charge 0 - 10,000 gallons $ 3.75 Per Bill 13.00 Per ERU 3.75 per 1,000 gallons of all metered water use (maximum of 10,000 gallons of service per ERU) Commercial Service: Billing Charge Base Facility Charge (*) 5/8 inch 1 inch 1 1/2 inch 2 inch 3 inch 4 inch 6 inch 3.75 per bill 13.00 per meter 32.50 per meter 65.00 per meter 104.00 per meter 208.00 per meter 325.25 per meter 650.50 per meter Volumetric 3.75 Per 1,000 gallons Abnormal Strength Waste Surcharge Factor - See Below (*) Amounts shown are the base facilities charged when lines are available. When lines not available, the base facihty charge w/Il be equal to one (1/2) the amount shown. (3) Annual Rate Indexing Adjustment. Pursuant to Section 9, Ordinance 0-93-19, the City hereby adopts an annual automatic rate increase to all rates, fees and charges set forth herein and which shall be applied to such rates and charges which are in effect immediately prior to the effective date of each such annual increase. The purpose of such annual rate indexing is to provide annual rate adjustments commensurate with the escalation of utility operating expenditures and inflation. (*) EXHIBIT "B" (Continued) The annual rate index shall be the greater of either the Consumer Price Index (CPI) factor or a minimum of 3.0% per year for the fiscal years beginning October 1, 1994 through and including October 1, 1997 and equivalent to the CPI index thereafter. Each annual increase shall take effect and be imposed on bills rendered on and after October 1st of each fiscal year. Abnormal Strength Waste Surcharge Factor (SF) - The SF is determined by the ratio of Bio-Chemical Oxygen Demand (BOD) or Chemical Oxygen Demand (COD) and Total Suspended Sohds in excess of 300 parts per million (ppm) by the following formula: SF = (BOD (ppm) or COD (ppm) - 300 ppm) + (TSS (ppm- 300 ppm) ) Whichever is greater 300 ppm Monthly Sewage Charge = (1 + SF) x Normal Sewage Use City of Sebastian 1225 MAIN STREET rn SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Airport Master Plan Approval For Submittal By: City Manager ~ AGENDA NO. Dept. Origin: City Manager Date Submitted: 06/08/95 For Agenda Of: 06/14/95 Exhibits: EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY The Airport Master Plan provides for the relocation of the westerly entrance (off Roseland Road) in order to accommodate the reactivation of Runway 9-27. However, we require construction oft. he road now rather than when the FAA grant funds are received. We have a current requirement for access to the area and we have completed the ground survey and terrain analysis. The Airport has funds set aside to provide the match monies necessary for the FAA and DOT g~'ant requirements of 90% - 10% (10% is the City match). However, we are aware of the possibility that the FAA monies will not materialize this year but our requirement for the new road is vital to the land lease program cun'ently underway. I am requesting authority to loan sufficient funds, not to exceed $100,000 to the Airport for the road consn~ction in the event the actual BID is greater than the funds currently available to the Airport. I recommend a five (5) year payback at 6% interest. " Authorize the ~ Manager to lo__an an'-'am~t to exce¢$100,000 to the .Ai~l/_~rt Ent~;~f' ~_ ~d~or ~..a_d...~m~. g~---,~-K~, and Cha?e 6% interest/(vith five'(5)year schedule ' r~z~~ ., ,~-~ ~ .~ · i City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Ordinance No. 0-95-03 Restricting Parking in Residential Areas Approval For Submittal By: City Manager (~J~ AGENDA NO. Dept. Origin: City Manager Date Submitted: 06/08/95 For Agenda Of: 06/14/95 Exhibits: O-95-03 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY The attached proposed Ordinance restricting pat"king in residential areas and on street rights- of-way is the result of several staff sessions regarding the parking problem. During the last session, the Assistant City Attorney was present to provide legal guidance and to assist in language construction for the Ordinance. We also considered the enforcement problems as presented by the Police Chief. We are of the opinion that since the current requirement is for residents to maintain their own swale area, they should be allowed to park on the side of the road. This would mean that in most areas the vehicle would be off the roadway but on the shoulder of the slope of the swale. If the slope is too steep then the vehicle is prevented from parking on the swale shoulder. We also attempted to make the proposed Ordinance as brief, concise and direct on point as possible to avoid misinterpretation and at the same time enhance enforcement. RECOMMENDATION Approve for Public Hearing on July 12, 1995 Ordinance No. 0-95-03. ORDINANCE NO. ©' 5'05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRICTING PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT, PROVIDING FOR SEVER3~BILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to restrict parking in residential districts and on street rights-of-way of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to so restrict parking. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. The Code of Ordinances, City of Sebastian, is hereby amended by adding a new section to be numbered and entitled, "Parking in Residential Districts and on Street Rights- of-way" which shall read as follows: Section Parking in Residential Districts and on Street Rights-of-way i. As used in this Section , the term "Vehicle" means any automcbi!e , truck, or other vehicle designed for operation on streets or roads, but not including: a) Recreational vehicles as defined in §20A-5.16 b) Road tractor, semi-trailer, or heavy equipment as defined in §20A-5.16.1 c) Motorcycles, mopeds, bicycles, lawn tractors, golf carts, road rollers, or vehicles which run only upon a track 2. No vehicle may be parked or stored on any lot in any residential district unless said vehicle is licensed, registered, and insured. 3. No vehicle displaying a "for sale" sign may be parked or stored on any street right-of-way. 4. No truck or van with a carrying capacity of over 3/4 ton shall be parked or stored on any street right~of-way. 5. Any vehicle parked or stored on any street right-of-way in front of any unimproved lot which is not removed within 48 hours after a notice requiring removal has been posted on the vehicle by the City may be towed at the owner's expense. 6. Any violation of this Section shall be a civil infraction, subject to a maximum civil penalty of ($500.00), or a civil penalty of if the person committing the civil infraction does not contest the citation. Section 2. 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. Section 3. All other Ordinances or parts of Ordinances, Resolutions cr pares cf Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. 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. Section 5. This Ordinance shall become effective thirty (30) days after its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1995. PASSED .AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 1995. The foregoing Ordinance was moved for adoption by Counciimember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Ha!ioran Councitmember Louise R. Cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. FirSion, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McC!e!land, Jr. City Attorney City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: FIRST READING OF ORDINANCE O-95-19, ACCESSORY BUILDINGS Approval for Submittal By: City Manager Agenda Number: Dept. origin: Communitv Development Date Submitted: 6/6/95 For Agenda Of: 6/14,95 Exhibits: Ordinance O-95-19 (BC)l~ EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of April 20, 1995, the Planning and Zoning Commission passed a motion recommending to City Council to amend Section 20A-5.7 of the Land Development Code regarding Accessory buildings. Basically, paragraph 7 within section D is new, and the remaining portion of the ordinance is existing within the Land Development Code. This proposed ordinance would require all detached accessory buildings over 200 square feet in area or any attached or detached accessory building with a door opening higher than 7 feet to be reviewed by the Planning and Zoning Commission with certain criteria that must be met. REC01.1MMENDED....~CTION Move to approve the first reading of Ordinance O-95-19 and set the public hearing ~or July 12, 1995. Or, D!NANCY, NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, REG~TING ACCESSORY BUILDINGS, PROVIDING DEFINITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Code of Ordinances to regulate the construction of accessory buildings in the City; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to so amend the Code of Ordinances. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TKE CITY OF SEBASTIAN, FLORIDA, THAT: Section !. Section 20A'5.7 of the Code of Ordinances, City of Sebastian, is hereby amended to read as follows: Sec. 20A-5.7 Accessory buildings. A. Definition. "Accessory Building" shall be defined as any structure or portion thereof located on a lot in a residential district which is not designed primarily for use as living area. The homeowner shall have the burden of showing that a structure or portion thereof is designed primarily for use as living area. Presence of principal building required. No accessory building shall be constructed upon a lot until the construction of a principal building has been started and no accessory building shall be used unless the principal building has received a certificate of occupancy. 1 Location. General rule for location. No accessory building or structure shall be located in any required yard (setback). Furthermore, no detached accessory building or structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Corner lo~s. Notwithstanding the provisions of paragraph !, accessory buildings may be located to the front of the front setback line along the boundary of the secondary front yard of an improved corner lot, provided that said secondary front yard does not abut an interior lot. (Ord. No. 0-93-01, & 50, 2-24~93) General regulations of accessory buildings. No mobile home, travel trailer, truck trailer or any portion thereof, or motor vehicle shall be permitted as an accessory building. No accessory building shall be constructed or maintained without a building permit being issued by the city's building official expressly designating the type of accessory building (example: garage, shed, pump house). The building official shall not issue a building permit if the application for a building permit does not specify the type of accessory building which the applicant seeks to construct or to maintain. The building official shall not issue a building permit if the accessory building does not comply with any other provisions of the land development code or the Code of Ordinances of the City of Sebastianl No detached accessory building shall be constructed or maintained if the height thereof exceeds the height of the principal structure that is located on the same real estate parcel or lot. No detached accessory building shall be constructed or maintained if the square foot area thereof exceeds seventy-five (75) percent of the living and nonliving square foot area of the principal structure that is located on the same real estate parcel or lot. Any detached accessory building over 200 s~~eet in area and any attached or detached accessory buiidin~with a door opening higher than seven (7) feet in¼~¼~height must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: a) . The exterior of the accessory portion of the structure including mass, facade and materials, shall be in harmony with the overall general character of the structure containing the primary residence. b). Exterior facade material shall be compatible in appearance and color with the facade of the principal building structure. No exterior siding shall be of metal or vinyl, unless the owner proves to the satisfaction of the Planning and Zoning Commission that the siding shall be of such quality and style that it will be compatible in appearance, color, and design with the principal building structure, and in harmony with other structures in the general area. c). The ridge line of the roof for the accessory building shall not be higher than the roof ridge line of the primary structure. d) . No portion of an accessory building that has exterior walls higher than the structure containing the primary residence shall extend beyond the front building line of said primary residence. E. Exception - One dock on single-family residential parcel. Notwithstanding anything above, one boat dock may be built adjacent to a lot or parcel of land that is then zoned for single-family residential use provided a building permit for such dock is obtained from the City of Sebastian pursuant to the following conditions: 3 The applicant shall submit to the planning and zoning commission an application for a permit along with a fee of fifty dollars ($50.00). The application shall contain a plan showing the exact location of the proposed dock, its height, elevation, length, width, and the material of construction. The application shall also contain a copy of all other permits that may be required for such dock from the State of Florida and the U.S. Government, if applicable. The application shall also contain an executed written contract between the city and all owners of the parcel, including mortgage holders, if any, that states that all owners and their successors in title shall take such action as is required by the City to ensure that no use is made of the dock until such time as the single-family residence is built on the lot and a certificate of occupancy has been issued for such residence. The application shall also show the zoning applicable to the lot, and shall show the size and dimensions of the lot, and all lot lines and easements. The planning and zoning commission shall be required to review the said application, and may impose reasonable additional qualifications on the permit depending on the facts of the case. If the requirements are met, however, the permit shal ! not be unreasonably withheld. Prior to the issuance by the building official of any such dock permit, the aforesaid contract shall be recorded by the owners and a true copy of the recorded contract shall be delivered to the building official, along with a performance bond in the amount of the cost of the dock, or five thousand dollars ($5,000.00), whichever is greater, which bond shall insure that the dock shall be removed if the city's code enforcement board finds and determines that the lot owner(s) have allowed or suffered anyone to use said dock prior to the issuance of the certificate of occupancy for the residence on the lot. No dock built shall involve any dredging or filling other than is necessary to install pilings to support such dock. The dock shall be supported by pilings or shall be a fully floating dock with only the floats being positioned by the pilings. o The dock shall not unreasonably impede the flow of water or be a hazard to navigation on the water adjacent thereto. 6. The generally applicable provisions of the code enforcement board shall apply; however, if 5he code enforcement board finds a violation of the requirements to have been committed, the city may take all appropriate actions to enforce the said performance bond, which bond shall remain in full force and effect until such time as the required certificate of occupancy shall have been issued for the single ~ami!y residence. (Ord. No. 0-87-14, § I, 5-13-87; Ord. No. 0-90-15, ~ i, 2, 12-12-90) Section 2. 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. Section Ail other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section If any clause, section, or other part or application of this Ordinance shall be held by any Court cf 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. Section 5. This Ordinance shall become effective thirty (30) days after its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 1995. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Hal!oran Councilmember Louise R. Cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. torney 6