Loading...
HomeMy WebLinkAbout06281995 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CiTY COUNCIL SPECIAL MEETING WEDNESDAY, JUNE 21, 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 No public input is allowed at Special Meetings, unless provided in the meeting call (R-95-23) 1. CALL TO ORDER 2. ROLL CALL 3. SPECIAL MEETING ITEMS 95.115 A. RESOLUTION NO. R-95-36 - Temporary Use Permit Policy (City Manager Transmittal dated 6/21/95, R-95-36) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A TEMPORARY USE PERMIT (TUP) POLICY; ESTABLISHING cRrrEI~A FOR ISSUANCE OF TEMPORARY USE PERMITS; PROVIDING FOR AN APPLICATION FEE AND PERMIT FEE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVER2kBILITY; AND PROVIDING FOR AN EFFECTIVE DATE. B. Consider Temporary Use Permit for Walmart 6. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY 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 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 HO URS IN AD VANCE OF THIS MEETING. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Resolution R-95-36 Approval For Submittal By: City Manager (~ ) AGENDA NO. Dept. Origin: City Manager Date Submitted:06/21/95 For Agenda Of: 06/21/95 Exhibits: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY Ihmng the next few months, several holiday and special sale days will generate requests by local business establishments for a "Temporary Use Permit". In order to be responsive to these requests, a policy position of the City Council is required until we amend the appropriate provisions of the City Land Development Code of Ordinances. The policy is basic and requires the property owner or lessee to make application for a Temporary Use Permit (TUP), and establishes limited criteria for the use period. The Department of Community Development will continue to develop the appropriate recommended changes for the land development code. RECOMMENDATION Recommend approval for R-95-36 and direct staff to provide the appropriate text amendments to the land development code for Workshop discussion July 26, 1995. RESOLUTION NO. R-95-36 A RESOLUTION OF THE CITY OF SEBASTIAN, INDiAN RiVER COUNTY, FLORIDA, ESTABLISHING A TEMPORARY USE PERMIT (TUP) POLICY; ESTABLISHING CRiTERIA FOR ISSUANCE OF TEMPORARY USE PERMITS; PROVIDING FOR AN APPLICATION FEE AND PERMIT FEE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has received various requests for temporary use permits; and WHEREAS, the City of Sebastian does not have an established policy for issuance of temporary use permits; and WHEREAS, the City Council deems it to be in the best interest of the City to regulate these types of uses by establishing a policy for issuance of temporary use permits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. TEMPORARY USE PERMITS. The temporary use of facilities, parking areas, and other open space by non-owner, transient merchants, religious organizations, recreational or local civic organizations is authorized only at, er obtaining a Temporary Use Permit (TUP) from the City Manager or his designee, and subject to the following restrictions. (1) Application for a TUP shall be made by the property owner or property lessee. The application shall include the following: (a) Location of the site and the specific location for the requested use. Co) Type of activity. (c) Begixming and ending dates, hours of operation and name of individual in charge. (d) Number of food or beverage concession stands and copies of permits from Indian River County and the State of Florida, if required. (e) All temporary signs must conform to the City of Sebastian sign regulations. (f) No activities or operations are to be conducted on or within public street or drainage fight-of-way. (g) A maximum of 20% of the required parking stalls of the host site may be utilized for the activity or event. (la) No permanent structures may be utilized and only temporary pavilions, mobile or portable facilities, including mobile homes or trailers not exceeding 200 square feet in area may be utilized. (i) No utility connection shall be permitted except for temporary electrical power approved by the Building Department. All applications must be made on the form prescribed by the City Manager and submitted ten (10) days prior to the scheduled event. The application fee shall be $25.00 and the permit fee shall be $100 for each day of operation. A copy of the approved request shall be provided to the Police Department. 2 ~ CONFLICT. All resolutions or parts of resolutions in conflict herewith arc hereby repealed. ~.Af,_TJ_O_~_. SEVERABILITY. In the event a court of competent jurisdiction sl~all hold or determine that any part of this Resolution is invalid or unconstitutional, thc remainder of the Resolution shall not be affected and it shall bc presumed that thc City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. EFFECTIVE DATE. immediately upon its adoption. The foregoing Resolution This Policy Resolution shall take effect 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 Corem Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Halloran day of The Mayor thereupon declared this Resolution duly passed and adopted this ,1995. CITY OF SEBASTIAN By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SE a ) Approved as to Form and Content: Clifton A. McClelland, Jr., City Attorney 4 I City of Sebastian 1225 MAIN STREET c~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 28, 1995 IMMEDIATELY FOLLOWING 6:30 P.M. BOARD OF ADJUSTM2ENT MEETING 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 - limit often minutes per speaker (R-95-23) CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - No One Available 4. ROLL CALL 95.116 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) PROCLAMATIONS AND/OR ANNOUNCEMENTS Certificate of Achievement - Sebastian Area Little League - Girls 9 & 10 - Winners of the District 17 - Championship in Sebastian Area - All Star Softball Team 95.117 B. Presentation of Plaque - Earl Shroyer - Planning and Zoning OUASI-JUDICIAL PUBLIC HEARING 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 - ]5 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 95.092 PGS 1-22 ORDINANCE NO. O,9_5-17 - Fischer Comprehensive Land Use Plan Amendment - .584 Acres U.S. 1 and Old Dixie Highway (Director of Community Development Transmittal dated 6/9/95, O- 95-17, Application, Map and Survey, P & Z Recommendation 4/21/95, 20A-11.6C and 20A- 11.8C LDC, Policy 1-2.2.2 CLUP GOP) 1st Quasi-Judicial Hearing for Transmittal to DCA - City Council Intends to Conduct a Second Hearing Upon Its Return 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 THE LAND USE DESIGNATION IN THE CITY OF SEBASTIAN, ON CERTAIN PROPERTY CONTAINING APPROXI- MATELY .584 ACRES, MORE OR LESS FORM COR (COMMERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED); 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. (Discussion and Direction to City Attorney on 5/2/95) 2 PGS 23-58 95.118 PGS 59-67 10. 95.028 PGS 69-70 95.044 PG 71 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. Approval of Minutes - 6/14/95 Workshop, 6/14/95 Regular Meeting, 6/21/95 Special Meeting RESOLUTION NO. R-95-38 -'Vacation of Easement (City Clerk Transmittal dated 6/21/95, R-95-38, Application, Survey, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTH TEN FEET OF THE NORTH TWENTY FEET OF LOT 5, BLOCK 257, SEBASTIAN HIGHLANDS UNIT 10, ACCORDiNG TO THE PLAT THEREOF, RECORDED IN PBI 6-37D, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. PRESENTATIONS - None COMMI~E REPORTS/RECOMMENDATiONS A. Tree Advisory_ Board 1. Grant Use of City Manager's Conference Room for Board Meetings the First Monday of Each Month Effective August 1995 at 5:30 p.m. (City Clerk Transmittal dated 6/20/95, O- 95-01 Sec. 20A-14.16) B. Fourth of July Committee 1. Request for "Animal Petting Zoo" in Riverview Park - 7/4/95 (City Manager Transmittal dated 6/21/95) 95.088 PGS 73-94 Code Enforcement Board - Interview Applicants and Appoint to PGS Following Positions (Director of Community Development Transmittal dated 6/21/95, Memo dated 6/21/95, Eight Applications) a. Expired Resident Member Position to Expire 3/98 (Board Recommends Dave Costa) b. Expired Subcontractor Position to Expired 2/97 (Board Recommends Ken Cosco) c. First Alternate Position to Expire 6/98 (Board Recommends Albert Goelz) d. Second Alternate Position to Expire 6/98 (Board Recommends Neil Duval) 11. OLD BUSINESS - None 12. NEW BUSINESS 95 .O96 A. PGS 95-140 Bid Award - Telephone System to Bell South - $34,279.45 Subject to Meeting Provisions for Base Bid, Add/Alternate No. 1 and Add/Alternate No. 3 - Include T- 111 Card (Director of Community Development Transmittal 6/20/95, Bid Specifications, Bid Tabulation, Bid Description Summary, Bid Clarifications, Bell South Letter 6/19/95) 95.029 B. PGS 141-146 ORDINANCE NO. 0.-95-03 - Parking in Residential Districts (City Clerk Transmittal dated 6/22/95, 0-95-03) ]st Reading, Set Public Hearing 7/26/95 AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDiNANCES, R~STRICTING PARKING IN KESIDENTLAL 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. 4 95.120 PGS 147-153 RESOLUTION NO. R-95-37 - Fraternal Order of Police - Collective Bargaining Agreement (Human Resources Director Transmittal dated 6/21/95, R-95-37, Addendum to Conu'act) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN R_IWER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE FRATERNAL ORDER OF POLICE, FOR THE THIRD YEAR OF A THREE YEAR CONTRACT FROM 10/01/94 THROUGH AND INCLUDING 9/30/95; PROViDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 14. CITY COUNCIL MATTERS B. C. D. E. Vice Mayor Carolyn Corem Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Mayor Arthur Firtion 15. CiTY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. ADJOURN ANY PERSON I~qo 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, g,7-11CH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILiTIES ACT (ADA), ANYONE lg,7-IO NEE. DS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: FIRST READING AND PUBLIC HEARING ON ORDINANCE o-95-17 PROPOSED Approval for Submittal By: City Manager Dept. Origin: Community Development Date Submitted: 6/9/.95 For Agenda Of: 6/28/95 Exhibits: 1. Ordinance O-95-17 2. Application for Land Use Change 4. Area Map and Survey 5. Planning and Zoning Commission Recor~mendation of 4/21/95 6. Section 20A-11.6C of LDC 7. Section 20A-11.8C of LDC 8. Policy 1-2.2.2 of the Comprehensive Plan (Goals, Objectives & Policies) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT An application has been submitted by Mr.. Carl A. Fischer regarding a portion of his property located at the south corner of U.S. Highway #1 and Old Dixie Highway to change both the land use and zoning designations from COR (Commercial office Residential) to CL (Commercial Limited). Attached is an area map depicting the parcel of land. Property to the north, west, and south are also COR, and property to the east is County RM-6 and County CL. 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 avail~ Page Two for public review in the Community Development Department. At its regular meeting of April 20, 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 determining 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: Consistency with Plan. The proposed changes would be consistent with the Comprehensive Plan. Refer to Policy 1-2.2.2 of the Comprehensive Plan Goals, Objectives and Policies. Conformance with Ordinances. The original legal description for the portion of the property to be re-zoned would have created a non-conforming situation regarding the conditional use criteria of the CL zoning required for the existing restaurant located on the property. The applicant has adjusted the legal description of the parcel to meet Section 20A-6.1C(26)b(1) and b(2) which requires a restaurant to be a minimum of 50 feet from an abutting residential district and the parking to be a minimum of 15 feet from an abutting residential district. Changed Conditions. No particular land use or development conditions have changed. Land Use Compatibility. The existing structure is occupied by a restaurant and the tenant wished to expand beyond the maximum 40% occupancy of building allowed in the COR zoning district. A restaurant is a conditional use in both the COR and CL zoning districts. The proposed changes would not result in any incompatible land use. Adequate Public Facilities. This would have very little effect on the existing and proposed public facilities and services in this area. Page Three Natural Environment. The proposal appears to present no adverse impacts on the natural environment. 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. 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 recommends that City Council approve the land use and zoning amendments. At its regular meeting of May 10, 1995, the City Council tentatively approved the petitioner's request. RECOMMENDED ACTION Move to approve the first reading of Ordinance 0-95-17 and transmit this land use amendment to the Department of Community Affairs, and also announce the intentions of the City Council to hold a second public hearing after receiving the Department of.Community Affairs comments. ORDINANCE 0- 95- /~ 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 THE LAND USE DESIGNATION IN THE CITY OF SEBASTIAN, ON CERTAIN PROPERTY CONTAINING APPROXIMATELY .584 ACRES, MORE OR LESS FROM COR (COMMERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED); 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 a parcel of property has requested the City to change the land use from COR (COM~{ERCIAL OFFICE RESIDENTIAL) TO CL (COM~{ERCIAL LIMITED); and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in Section 20A-6.1C(26)b(1) and b(2) 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 requirements 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 COUNTY, FLORIDA, as follows: Section 1. COMPREHENSIVE PLAN AMENDMENT. That the real property described as follows: A parcel of land lying in the northwest 1/4 of Section 17, Township 31 South, Range 39 East, Indian River~ County, Florida, being more particularly described as follows: Commence at the intersection of the' West right of way line of U.S. Highway One (a 120 foot wide right of way) and the North line of Sebastian Highlands, Unit 7, as recorded in Plat Book 6, Page 6 of the Public Records of Indian River County, Florida; thence N 25°22'17'' W along said west right of way of U.S. Highway One a distance of 579.35 feet to the point of beginning; thence S 65°37'43'' W a distance of 65.00 feet; thence N 71°16'00'' W a distance of 79.88 feet; thence N 31°58'31'' W a distance 2 of 170.22 feet to the South right of way line of Old Dixie Highway (a 50 foot wide right of way); thence N 76°26'37'' E along said South right of way line a distance of 145.01 feet to the aforesaid West right of way line of U.S. Highway One; thence S 25°22'17'' E along said West right of way line a distance of 195.00 feet to the point of beginning. Containing 0.584 acres more or less. is hereby reclassified from COR (COM~{ERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED) and Ordinance 0-91-17 of the City of Sebastian is amended accordingly. Section 2. MAP AMENDMENT. The official City Land Use Map i~ hereby amended to reflect this change in land use classification. section 3. NOTIPICATIO~. 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. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILIT¥. 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 Councilmember Norma J. Damp Councilmember Ray Halloran 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'Halloran, CMC/AAE (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor APPLICATION FOR AMENDMENT OF LAND USE DESIGNATION CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA TELEP}]ONE: 589-5330 This application must be completed and returned, with all enclosures referred to herein, to the Planning and Zoning Board secretary one week before the scheduled meeting. This applicatio, will the, be referred to the Planning and Zoning Board for study ~nd recommendations. DATE RECEIVED:--~- ~ ~-,~ % DATE ACCEPTED: APPL I CAN'I': .,~ ~. ~L ADDRESS OWNER: PHONE ADDRESS: ---' REQUESTED LAND USE DESIGNATION: REASON FOR PETITION? ACRES TO BE REDESIGNATED: I'ROPOSED USE: "'~S'~ ,.- m ~ ~'7- TIlE I:'OLLOWING ATTACIIMENT SIIALL ACCOMPANY THE APPLICATION: If the property in question is not owned by the applicant, a ~otarized Affidavid of Ownership must accompany~ the application giving the consent of each owner to the applicant to apply for a land use change. X A copy of the owner's deed must accompany each copy of this application. A certified survey of the area, if not platted. The legal description of the parcel(s) proposed to be changed. A drawing or map showing the zoning classifications of all parcels of adjacent land within 300 feet of t}~e subject property. (2) Names and addresses of surrounding property owners wire,in 300 ft of the boundary lines. A check, mo~ey order or cash in the amount .of $ Z~.O0 made payable to the City of Sebastian. FEE SC]IEDULE ~i ,~lc less than 5 acres 5 - 100 acres more than 100 acres $225.00 $500.00 $750.00 The undersigned understands that this application' must be complete and accurate before consideration by the Planning and Zoning Board of the City of Sebastian. I, ~~ ~. ~ ~c~.~ ,BEING FIRST DULY SWORN, DEPOSE AND SAY T}[AT: X~. I AM THE OWNER I AM T~[E LEGAL RESPRESENTATIVE OF THE OWNER OF T][E PROPERTY DESCRIBED W;~IC~{ IS 7'~{E SUBJECT MATTER OF T}{IS APPLICATION, T}{AT AL~ TIlE ANSWERS TO T}~E QUESTIONS/IN SAID APPLICATION AND ALL SKEIC][ES AND DATA AND MATTER ~T~]{ED TO AND MADE A PART' OF SAID APPLICATION ARE ]{ONEST A~ ~'I~UE TO T[{E BEST OF MY SWORN TO AND SUBSCRIBED BEFORE ME, THIS Il GERA~INE FRANCE~ KUBES il - tl ~'~ EXPSES: Octob~ ALL APPLICAN?S ARE ENCOURAGED T~%~rz:,du'~.~"A CK-/?-A=~f,TCATZON CONFSRBNCS TIIROUGII TIIE PbANNING AND gONZNG PRIOR TO TIlE APP51CATZON TO RESOLVE OR AVOZD PROBlEmS CONNECTED WZTll THE PROPOSAg. STREET ~z ,'"~'~J"" STREET , :,..i' Z TM UNiT .-/ I OLD DI 'x- I'GHWAY s. ~'~u~ N 7~2~'~7' E 1~5.01' ~'a~' SKETCH OF LEGAL DESCRIPTION 3 SOU .... u~ COMMENCE AT THE INTERSECTION OF THE ~EST RIGHT OF ~AY LINE Of ' OOK ~ nfG.,. U.5, HIGH~AY ONE ( A 120 FOOT ~IDE RIGHT OF ~AY ) AND THE NORTH · LINE OF SEBASTIAN HIGH.NOS, UNIT 7, AS RECORDED ~N P~T BOOK 6, PAGE 6 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNt, FLORIDA; THENCE N 25~Z2't7' ~ ALONG SAID ~EST EIGHT OF ~AY OF HIGHWAY ONE A DISTANCE OF 57~.35 FEET TO THE ~INT OF BEGINNING; THENCE S ~5"~7'4~' ~ A DISTANCE OF 65,~ FEET; THENCE N 71 e16'00' ~ CERTIFIED TO: A OISTANCE OF 79.88 FEET; THENCE N 31 e58'31" ~ A DISTANCE OF 170.22 ~RL FISCHE~ FEET TO THE SOUTH RIGHT OF ~AY LINE OF OLD DIXIE HIGH~AY { A 50 FOOT ~IDE EIGHT OF ~AY ); THEN(E N 76"2~'37= E ALONG ~lO SOUTH PREPARED BY: RIGHT OF ~AY LINE A DISTANCE OF 145.01 FEET TO THE AFORESAID THOMAS RANDALL CECRLE. PROFESSIONAL LAND SURVEYOR ~EST RIGHT OF ~AY LINE OF U,S. HIGH~AY ONE: THENCE 1074g HIGHWAY U.S.1. SUITE A, SEBASTIAN, FLORIDA 32958 S 25e22'17" E ALONG SAID ~EST RIGHT OF ~AY LINE A PHONE (407) 388-0520 DISTANCE OF 195.~ FEET TO THE POINT OF BEGINNING, CONTAINING 0.584 ACRES MORE OR LESS, CERTIFIED CORRECT TO THE BEST OF MY KN['L~LEDGE AND ~ELIEF IN CONFORMITY ~i'l'H TI;E MINIMU~ TECHi~L STANDARDS SET FORTH BY THE FLORk. A BOARD C, ~ND SU ~'EYORS. PURSUANT TO 5E~ION SURVEYOR'S NOTES: 472.0Z7 OF THE ~LORIGA STATUES ANO 2 ~ HH-~ AND CHAPTER 61 G17 1. BEARINGS SHO~N ARE BASED ON THE ~EST RIGHT OF ~AY LINE FLORIDA ADMIE!ST~ATIVE OF U.5. HIGH~AY ONE A~ N 25e~Z'l 7' ~, ASSUMED DATUM. CERTIFIEDHEREON, TNIsFOR SURvEyTHE EXCLUSIVEis NOT VALIoUSE OF~iTHouTTHE CLIENTTHE ABBREVIATIONS: SURVEY~L OF TH~RSIGNED, ~-CENTERLINE ~-RIGHT OF WAY / ~ PLS-PROFESSIONAI ~ND 5DRVEYOR ~~~~~ _ THOMAS RANDALL ~ECRLE, DRA~ING DATE )-]4-1gg5 : ....... City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 DATE: MEMORANDUM April 21, 1995 TO: FROM: REFERENCE: Mayor, City Council Dorri Bosworth, Secretar~~ Planning and Zoning Commission Proposed Zoning and Land Use Change At its regular meeting of April 20, 1995, the Planning and Zoning Commission passed a motion to recommend to the City Council to approve a request for a Zoning and Land Use change from COR (Commercial office Residential) to CL ( Commercial Limited) for a piece of property approximately a 1/2 acre in size located at the southwest corner of Old Dixie Highway and U.S. Highway #1. The change in zoning and land use would allow for expansion of the existing restaurant, currently able to occupy not more than 40% of the building's 1st floor. The Plannin~ and Zoning Commission reviewed the proposal in accordance with Section 20A-11.6C and Section 20A-11.8C of the Land Development Code and found it met all criteria. Their recommendation includes that the applicant adjust the legal description of the parcel so that the conditional use criteria for restaurants in the proposed CL zoning and land use can be complied with (Section 20A-6.1C(26)b(1) and b(2)). LEGAL BASIS AND'GENERAL PROVISIONS § 20A-11.8. Sec. 20A-11.7. Procedures for public hearing. In all matters requiring notice for public hearing before the city council, the city clerk shall send a ~vritten notice by regular mail to all property owners within three hundred (300) feet of the outer boundaries of the property subject to the rezoning or comprehen- sive plan amendment described in the application requesting the proposed change. Such notice shall advise all such owners as shown upon the last tax assessment roll of the county, in simple terms, of the proposed change and the time, date and place of the public hearing. If the proposed amendment relates to more than fiv. e (5) percent of the land area of the city, notice shall be by publication only. The notice provisions contained herein regarding notice by mailing are directory only, and failure to mail such notice shall not affect any proposed change or amendment to the zoning or- dinance or comprehensive plan. However, nothing contained herein shall be inconsistent with Florida Statutes governing no- tices. (Ord. No. 0-89-23, § 2, 12-13-89) Sec. 20A-11.8. Procedures for amending comprehensive plan. A. ]nitiat£ng amendments to the comprehensive plan. Amend- ments to the comprehensive plan may be initiated by: 1. City counc£l. The city council may initiate a comprehensive plan amendment by approving a written statement ex- pressing its intent to amend the comprehensive plan and shall submit Such written statement and any relevant sup- porting material to the city planning and zoning commis- sion for review and action pursuant to section 20A-11.8(C) of this chapter. 2. Planning and zoning commission. The city planning and zoning commission may initiate a comprehensive plan amendment. 3. Resident; property owner(s). An amendment to the compre- hensive plan may be initiated by an application signed by a property owner, a resident of the city or the authorized agent of a resident or property owner. Such application shall be submitted to the office of the city clerk, together Supp. No. 10 769 § 20A-11.8. SEBASTIAN LAND DEVELOPMENT CODE with a fee as shall be determined by resolution of the city council from time to time. As many lots or parcels of prop- erty as the applicant may desire can be included in any single application if they constitute one contiguous parcel. The application shall be submitted on a form prescribed by the city clerk. The application shall include, but not be limited to, the following: . a. The applicable section(s) of the comprehensive plan sought to be amended. b: The proposed amendments sought to the comprehen- sive plan. c. The impact the proposed change has on other elements of the comprehensive plan and applicable ordinances of the city. d. If the application relates to an amendment to the land use element, said application shall, in addition to the foregoing, include: (i) Property description~ The application shall describe by legal description and by street address, where possible, the property to be affected by the pro- posed change. (ii) Current and proposed comprehensive plan land use map designation. The current and proposed com- prehensive plan land use map designation for the subject property shall be identified. (iii) Current and propsed zoning. The current and pro- posed zoning for the subject property shall be iden- tified. (iv) Existing and proposed use. The existing and pro- posed use of the subject property shall be stated, if applicable. (v) Disclosure of ownership. The application shall in- clude a verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for comprehensive plan amendment is sought, except publicly held corporations, in which case the names and addresses of the principal cor- porate officers shall be sufficient. 770 LEGAL BASIS AND GENERAL PROVISIONS § 20A-11.8. No application under this section shall be reviewed by staff or any board, commission or the city council until such application is fully completed and submitted with the ap- propriate fee. B. Administrative review. The city clerk shall forward 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 ~nd 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 1.8. SEBASTIAN LAND DEVELOPMENT isting or programmed, including transportation, 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 welIhre 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. After review of the proposed comprehensive plan amend- ment, and the revision relating to thereto, the city clerk shall place the proposed amendment, with comments from the plan- ning and zoning commission, on the next available meet/ng agenda for city council review and possible direction from city council to the city attorney for preparation of an ordinance. The applicant shall be advised of the time and place of the city council meeting. After an ordinance has been prepared by the city attorney, the city clerk shall schedule the first reading of the ordinance re- garding the proposed comprehensive plan amendment on the next regularly scheduled council meeting. The first reading shall be a public hearing, at which time the city council will consider ap- proval of the ordinance and whether to submit the proposed amendment to the Department of Community Affairs, State of Florida (DCA) for review and comments. Notice of the first public , ,~~~ r~ng shall be as required by general or special law. '.. .~No. 15 772 LEGAL BASIS AND GENERAL PROVISIONS § 20A-11.6. 6. Conditions under which various classes of nonconformities may continue, including authority to set fair and reason- able schedules for the elimination of nonconforming uses; 7. Use and types and sizes of structures in those areas subject to seasonal or periodic flooding, so that danger to life and property in such areas will be minimized; and 8. Performance standards for use of property and location of structures thereon. All such regulations shall be uniform throughout each dist3'ict, but the regulations in one district may differ from those .in other districts. For each district designated, regulations may specify those uses that shall be excluded or subjected to reasonable re- quirements of a special nature. Uses permitted in one district may be prohibited in other districts, to the end that incompatibil- ity of uses is minimized or eliminated. Regulations and district boundaries shall protect, promote, and improve public health, safety, comfort, order, appearance, convenience, morals, and gen- eral welfare and shall be made with reasonable consideration, among other things, to the character of the districts and their special suitability for particular uses and with a view to conserv- ing property values and encouraging the most appropriate use of land throughout the city. Sec. 20A-11.6. Procedures for adopting, supplementing or amending the zoning ordinance. A. Initiating amendments to the zoning code. Amendments to the zoning ordinance may be initiated by: 1. Cit~ council. The city council may initiate a zoning ordi- nance amendment by approving a written statement ex- pressing its intent to amend this zoning ordinance and shall submit such written statement and any relevant sup- portive material to the city planning and zoning commis- sion for review and action pursuant to section 20A-11.6(C) of this chapter. 2. Planning and zoning comm. issior~. The city planning and zoning commission may initiate a zoning ordinance amend- ment. 765 § 20A-11.6. SEBASTIAN LAND DEVELOPMENT CODE Property owner(s). An amendment to the zoning ordinance may be initiated by a petition signed by a property owner, or the property owner's authorized agent. Such petition shall be submitted to the office of the city clerk together with a fee as shall be determL~ed by resolution of the city council. As may lots or parcels of property as the applicant may desire may be included in any single petition if they constitute one contiguous. [parcel]. The petition shall be submitted on an application form prescribed by the city clerk. The application shall include, but not be limited to, the following: (a) Property description. The application shall describe by legal description and by street address, where possi- ble, the property to be affected by the proposed change. (b) Current and proposed comprehensive plan land use map designation. The current and proposed compre- hensive plan land use map designation for the subject property shall be identified. (c) Current and proposed zoning. The current and pro- posed zoning for the subject prope~ty 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 pub~i~, notice. The planning and zoning commission shall submit '.i~ ~ 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 require,nents of the City of Sebastian Code of Ordinances. 3. Changed conditions. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the amendment. 4. Land use compatibility. Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved. 5. Adequate public facilities. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency ser- vices, and similar necessary facilities and services. 6. Natural environment. Whether, and to the extent to which, the ~roposal 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 plann, ing and lng 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 per, ion, the comments and the minutes of the planning and zomng 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 ~to action by the city council. 768 anticipated future residential uses and office developments. Design techniques such as landscaping, screening and buffering, as described above, shall be applied to assure smooth transition in residential structure types and densities. Generally, where singly family structures comprise the dominant structure type within these areas, new development on undeveloped abutting lands shall be required to include compatible structure types on the lands immediately adjacent to existing single family development. Policy 1-2.2.2: Limited Commercial Development. Limited commercial development is allocated to commercial sites accessible to.major thoroughfares near residential neighborhoods. The max/mum intensity of limited commercial development measured itl average weekday vehicle trip ends per 24 hour period is 140/1,000 sq. ft. of gross floor area. Sites within this designation are intended to accommodate shops with limited inventory or goods as well as traffsient lodging facilities meeting performance standards of the Comprehensive Plan and the zoning code. This designation is not intended to accommodate residential development. However, duly approved residential uses existing at the effective date of the Comprehensive Plan shall be deemed permitted uses. Limited Commercial activities shall include shops catering to the following markets: Neighborhood residential markets within the immediate vicinity as opposed to county-wide or regional markets; Specialized markets with customized market demands; or Tourist oriented markets in the immediate vicinity. I Commercial development within the limited commercial district shall generally be restricted to any uses permitted in the commercial office district as well as the following uses: Neighborhood convenience stores; Small limited item shops and stores restricted to retail sales of convenience items and services including 'barber, beauty care, and other personal services; Small scale drug stores, laundry and dry cleaning pick-up stations; Specialty shops; and Motels or other living accommodations for transient residents generally residing on a seasonal basis. Areas designated for limited commercial development are not intended to accommodate large scale retail sales, service, and trade activities, generally serving a county-wide or regional market. Such stores usually differ from limited commercial shops since the former usually require a larger floor area, carry a relatively larger inventory, and require a substantially greater parking area. 1-23 Uses, which are not intended to be accommodated within the limited commercial area include the following: large scale discount stores, health spas; supem~arkets; department stores; full service hardware stores; wholesale and warehousing activities; general appliance shops; printing shops; sales, service or repair of motor vehicles, machine equipment or accessory parts, including tire and battery shops; gas and automotive service centers; commercial amusements; . fast food establishments primarily serving in disposable containers and/or providing drive-in facilities, and other similar services to be expressly defined in the zoning ordinance. Policy. 1-2.2.3: General Commercial Development (CG}. The general commercial (CG) areas are designated on the Future Land Use Map for purposes of accommodating general retail sales and services; highway oriented sales and services; and other general commercial activities defined in the land development regulations. The general commercial land use designation is intended, to include the hub of retail sales and services within the do.wntown business district as well as l~,ithin the outer environs of the downtown business district. General commercial designations also are located in highly accessible areas adjacent to major thoroughfares which possess necessary location, site, and market requirements. Zoning policy shall stipulate provisions regulating specific land uses. The maximum intensity of general commercial development measured in average weekday vehicle trip ends per 24 hour period is 140/1,000 sq. ft. of gross floor area. This area is not intended to accommodate manufacturing, processing, or assembly of goods, sales and service of heavy commercial vehicle and equipment, or related services or maintenance activities; warehousing; uses requiring extensive outside storage; or other activities which, may generate nuisance impacts, including glare, smoke or other air pollutants, noise, vibra- tion or major fire hazards, or other impacts generally associated with more intensive industrial uses. The areas designated for general commercial development are specifically not adaptive to permanent residential housing and such uses shall be located in other areas designated for residential development. On the other hand, transient residential facilities including hotels and motels, timesharing or fractional fee residential complexes, or other transient quarters should be located in areas designated for general cemmercial use. Policy 1-2.2.4: C.R. 512 Commercial (C-512). The general commercial C.R. 512 corridor is designated on the Future Land Use Map for purposes of accommodating retail sales and services and other commercial activities and community facilities defined in the land development regulations which are compatible with nearby residential areas. This land use designation expressly excludes vehicular sales and services; bars and lounges; parking garages; enclosed and unenclosed commercial amusements; indoor theaters; merchandising of second-hand goods, including flea markets, wholesale trades and services; industrial uses or outside storage activities, or any other activities which may generate nuisance impacts such as glare, smoke, other air pollutants, noise, vibration, fire hazard, or other adverse impacts associated with more intense commercial and industrial activities. Land development regulations shall stipulate provisions regulating specific land uses. The maximum intensity of commercial development measured in average weekly vehicle trip ends per 24 hour period is 140/1,000 sq. ft. of gross floor area. 1-24 I City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 14, 1995 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 CiO.~ Council if the9., have signed the sign-up sheet providedprior to the meeting - limit often minutes per speaker (R-95-23) Mayor Firtion called the Regular Meeting to order at 7:35 p.m. The Pledge of Allegiance was previously recited. No invocation was given. City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifford McClelland, Jr. City Clerk, Kafiu3m O'Halloran Director of Commumty Development, Brace Cooper Airport Manager, John Van Antwerp Deputy City Clerk, Sally Maio Regular City Council Meeting June 14, 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-95-239 None. 95.104 PROCLAMATIONS AND/OR ANNOUNCEMENTS Proclamation - Florida Sesquicentennial-Requested byAARP - Accepted byKay Rogers Mayor Firtion read and presented the proclamation to Kay Rogers. P._. _UTBLIC HEARING, FINAL ACTION The normal order of business for public hearings (1~-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 prior to addressing City Council. 2 Regular City Council Meeting June 14, 1995 Page Three 95.047 A. ORDINANCE NO. O-95-09 - Refuse Collection Franchise Agreement (0-95-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO R & R CORPOP~TE 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 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. (]st Reading 5/24/95, Advertised Legal Notices 5/3]/95, PH 6/]4/95) Mayor Firtion opened the public heating at 7:40 p.m. and the City Attorney read Ordinance No. 0-95-09 by title only. The City Manager said the low bidder had met conditions of the bid. Mayor Firtion closed the public hearing at 7:41 p.m. The City Attorney '. recommended that in addition to adoption of the ordinance, the Mayor ~d City Clerk be authorized to execute an agreement. The City Attorney said an amended bond had .been received. Vice Mayor Corum said she did not feel the fu'm could handle Sebastian with the vehicles they have. Ronald Rigby, Capital Sanitation, responded to questions posed by City Council relative to procedures for implementing the new collection system and stated that the fn-m had obtained additional vehicles. Regular City Council Meeting June 14, 1995 Page Four MOTION by Cartwright/Halloran I move we adopt Ordinance No. 0-95-09 and authorize the Mayor and City Clerk to enter into an agreeement with R & R Corporate Systems, Inc. 95.043 ROLL CALL: Vice Mayor Corum - nay Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 4-1 (Corum - nay) The City Attorney said he would be certain all documentation is in hand before the agreement is executed. ORDINANCE NO. O-~_5-11 - Occupational Licenses Fees (City Clerk Transmittal dated 6/7/95, O-95-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II, OF TIlE 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_THEJ CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABiLITY; PROVIDING. FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (]st Reading 4/26/95, Advertised Legal Notices w/Fees 5/26/95, PH 6/.14/95) Mayor Firtion called the public hearing to order at 7:52 p.m. and the City Attorney read Ordinance No. 0-95-11 by title only. Regular City Council Meeting June 14, 1995 Page Five The City Clerk briefly explained the inception of the ordinance. The City Attorney suggested an amendment to the effective date of the rates. (See attached as Exhibit A). He also advised that if any rates are proposed for change they could be changed at a later date, thus, only those affected rates would need to be readvertised. Kathy Oardimer, addressed City Council on behalf of a newly formed business owners group relative to proposed higher license rates. Mayor Firtion closed the public heating at 7:58 p.m. MOTION by CartwrightJDamp I move to adopt Ordinance No. O-95-11 with the changes to Section 5. The City Attorney read the amendment. ROLL CALL: Mrs. Cmwhght - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED '.Mrs. Cartwdght recommended changes to the fee schedule. (See attache~ as Exhibit B) and recommended that a revision be brought back to the first meeting in July. The City Attorney recommended that each additional warehouse, storage and office rental be $3. MOTION by Cartwright/Damp I move that we direct the City Attorney to amend the ordinance which is O-95~ 11 per the changes as stated. Regular City Council Meeting June 14, 1995 Page Six Mrs. Corum and Cartwright recommended that each individual apartment rental be $3 rather than $5. MOTION by Cartwright/Halloran I make a motion to amend the motion to include that last change each individual umt to $3. (All revisions are included m Exhibit B attached) ROLL CALL: (amendment) Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp - aye - nay - aye - aye MOTION CARRIED 4-1 (Corum - nay) ROLL CALL: (main) Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Can'wright - aye - aye - aye - aye :MOTION CARRIED 5-0 6 EXHIBIT "A" Section 5. EFFECTIVE DATE. The fee schedule which exists in Sections 30-51 and 30-52 of the Code of Ordinances of the city of Sebastian will continue in effect through September 30, 1995. The fee schedule which is set out in Sections 30-50 and 30-51 of this Ordinance shall be effective on October 1, 1995. This Ordinance shall become effective thirty (30) days after its passage and adoption. I EXHIBIT 'B" I I '-: ~ ~ ~ ~ ~'~ I Regular City Council Meeting June 14, 1995 Page Seven 95.099/ C. 94.282 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 CENTRA~ 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. ( ]st Reading 5/24/95, Advertised Legal Notices w/Map 5/31/95 and 6/7/95, PH 6/14/95) Mayor Firfion called the pubhc heating to order at 8:10 p.m. and the City Attorney read Ordinance No. 0-95-13 by tire only. The Director of Community Development gave a brief presentation on the proposed annexation and recommended adoption. Mayor Firtion closed the public heating at 8:12 p.m. MOTION by Damp/Corem I move to approve Ordinance NO. O-95-13. ROLL CALL: Mayor Firtion Vice Mayor Corum M_rs. Cartwright Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0 Regular City Council Meeting June 14, 1995 Page Eight 8. QUASI-JUDICIAL HEARING. FINAL ACTION 95.O99/ A. ORDINANCE NO. O-94-14 - Comprehensive Land Use Plan 94.282 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; AMJENDING 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 7/4 ,Page 12/72/94, Letter Mailed Jst Reading and J st Quasi-Judicial Hearing J 2/2 J/94, Transmitted to DCA, ]/'4 Page 6/7/94, Letters Mailed 5/24/95, 2nd Quasi-Judicial Hearing 6/14/95) Mayor Firtion called the quasi-judicial hearing to order at 8:14 p.m. and the City Clerk swore in all those who intended to offer testimony. . Attorney Rene Van de Voorde, representing the property owners, gave ~-brief presentation. Mayor Firtion closed the quasi-judicial hearing at 8:17 p.m. The Director of Community recommended approval. The City Attorney read Ordinance No. O-94-14 by title only. Regular City Council Meeting June 14, 1995 Page Nme 95.099/ 94.282 MOTION by Comm~alloran Based on the fact that there seems to be no adverse impacts to the health, safety and welfare of the people of the City of Sebastian, I move that Council adopts Ordinance No. O-94-14. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 ORDINANCE NO. O-95-14 - Kezoning - U.S. 1 - Three Parcels Four Acres (Director of Community Developmem Transmittal dated 6/6/95, 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. (]st Reading 5/24/95, Advertised Legal Notices 5/31/95, Letters Mailed to Property Owners 5/24/95, Quasi-judicial Hearing 6/24/95) Regular City Council Meeting June 14, 1995 Page Ten Mayor Fin/on called the quasi-judicial hearing to order at 8:21 p.m., the City Clerk noted that the same parties who would offer testimony had already been sworn, and the City Attorney read Ordinance No. O-95-14 by title only. The Director of Community Development gave a brief presentation. Mayor Firtion closed the quasi-judicial hearing at 8:24 p.m. The Director of Community Development recommended approval. TAPE I - SIDE ii (8:24 p.m.) MOTION by Cartwright/Damp I move to adopt Ordinance No. 95-14. ROLL CALL: Mrs. Cartwfight - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 95.084 C. ORDINANCE NO. 0-95-15 - Tract F, Sebastian Christian Church Comprehensive Land Use Plan (Director of Community Transrr~ittal 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) ]st Quasi-Judicial Hearing and Transmittal to DCA - Ci~. Council intends to Conduct a Second Public Hearing Upon Return from DCA 10 Regular City Council Meeting June 14, 1995 Page Eleven AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN AND THE COMPREHENS~ LAND USE PLAN MAP; CHANGING TRACT F IN SEBASTIAN HiGHLANDS LrNIT 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, Ist Reading and ]st Quasi-Judicial Hearing 6/] 4/95 for Transmittal to DCA) Mayor Firtion called the quasi-judicial hearing to order at 8:25 p.m. and the City Attorney read Ordinance No. O-95-15 by title only. The City Clerk noted that those who intended to offer testimony had been previously sworn. The Director of Community Development gave a brief explanation and recommended approval. Mayor Firtion closed the quasi-judicial hearing at 8:28 p.m. The Director of Community Development recommended approval for - transmittal to Department of Community Affairs. a MOTION by Halloran/Cartwright I move Council the fa-st reading of Ordinance No. O-95-15 and transmit this land use amendment to Department of Community Affairs. Discussion took place on the uses proposed. 11 Regular City Council Meeting June 14, 1995 Page Twelve ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corem Mrs. Cartwfight MOTION CARRIED 5-O - aye - aye - aye - aye 95.105 95.106 95.107 95.108 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. A. Approval of Minutes - 5/24/95 Workshop, 5/24/95 Regular Meeting Local Option Gas Tax Dislribution - 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 River 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 C.ommumty Center - Turkey Raffle Fundraiser - 11/17/95, 6 pm to l0 pm - A/B and Admission Fee - Permittee DOB 8/11/28 - Security Paid (City Clerk Transmittal dated 5/11/95, Application) Mari 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) 12 Regular City Council Meeting June 14, 1995 Page Thirteen 95.109 F. 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) The City Manager read the consent agenda. Mrs. Cartwright removed item A. MOTION by Corem/Damp I move the approval of items B, C, D, E and F of the consent agenda. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 Mrs. Cartwright amended the May 24, 1995 minute to include an amending motion which was left out. MOTION by CartwrightfDamp I move to approve item A with the amendment. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 13 Regular CiD, Council Meeting June 14, 1995 Page Fourteen 10. PRESENTATIONS 11. None. COMMITTEE REPORTS/RECOMMENDA TIOLNS 95.110 A. 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) Don Bauer, 161 CR 512, Sebastian, said he inspected City welcome signs at Councilmember Damp's request and reported that they are unsalvageable and gave a replacement cost of $1000 for the west limit sign and $5,000 for the other two signs. The Director of Community Development gave a brief report on the location of the signs. Mrs. Damp said she would like any future plans for the signs to be a public decision. Mayor Firtion requested that item 95.098 Engineering consultant ranking be moved up on the agenda. MOTION by Comm/Cam,a/ght So move. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwri~t . - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CAR~ED 5-0 14 Regular City Council Meeting June 14, 1995 Page Fifteen 95.098 A. 95.111 Rank ~eneral Engineering Consultants and Direct City. Manager to Begin Negotiations (No Backup) Mayor Firtion announced the rank order as follows: 1) Masteller, Moler and Associates; 2) Williams, Hatfield and Stoner, and 3) M¢Cully-Provost. MOTION by Cartwright/Damp I move to "direct the City Manager to conduct a negotiation on the rates to bring back a consulting agreement to the City Council for ratification." (language by the City Manager). ROLL CALL: Mrs. Cartwfight - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye MOTION CARRIED 5-0 Bo Planning and Zoning Commission - Interview and Appoint Regular Member - Committee Recommends Reappointment 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-94-5 I) : City Council interviewed Earl Shroyer, Joseph Schulke, Jean Brandtme~er, and Harry Thomas withdrew his application. MOTION by Damp/Cartwright I move to appoint Joseph Schulke from first alternate to regular member position with his term to expire June of '98. 15 Regular City Council Meeting June 14, 1995 Page Sixteen 12. ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright MOTION CARRIED 4-1 (Halloran - nay) OLD BUSINESS - None - aye - aye - aye - aye - aye 95.098 A. 13. Consulting En~neer Rate Structure - CravenL Thompson and Associates. Inc. - AuthorizeMa~vor and Ci.ty Clerk to Execute Agr_ cement and Rate Structure (Ci~ Manager Transmittal dated 6/2/95. A~eement w/Two Attachments) The City Manager recommended approval. MOTION by Corem/Damp I make a motion for the City Council to authorize the Mayor and City Clerk to execute the proposed agreement and rate structure. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwfight - aye Mrs. Damp - aye MOTION CARRIED 5-0 NEW BUSINESS Item A was previously moved up on the agenda. 16 Regular City Council Meeting June ! 4, 1995 Page Seventeen 95.112 B. RESOLUTION 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 KATE 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. Walter Barnes, 402 Azine Terrace; Harry Thomas, 654 Balboa Street; Sebastian; Sal Neglia, Balboa Street; and Richard Taracka, Coverbrook Lane, all of Sebastian, expressed concerns about water and sewer issues. TAPE Ii - SIDE I (9:10 p.m.) MOTION by Corem/Damp I move Council adopts R-95-34. Mrs. Cartwnght said she was not convinced the increase was necessary at this time. The City Manager responded to her concerns, noting that the City is : required to meet the bond covenants. The City Attorney said not _meetin~ those covenants could have some impact on future bonding and recommended compliance. The Finance Director further explained the loss of revenues. The City Manager reiterated his recommendation to take action at this time. 17 Regular City Council Meeting June 14, 1995 Page Eighteen ROLL CALL: Mayor Firfion - aye Vice Mayor Corum - aye Mrs. Cartwright - nay Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 4-1 (Cartwfight - nay) 95.113 C. Briefing on Airport MasterPlan and Authorize City_ Manager to Loan Funds to Aimort Ente~rise Fund for Road Construction (~Ci~Iy Manager Transmittal dated 6/8/95) Bob Freeland and Warren Dill requested that they hear the briefing prior to any input. John Van Antwerp, Airport Manager, gave a brief presentation on the Airport Master Plan, specifically the need for relocation of Airport Drive West. Eric Neilsen, Greiner, gave a lengthy presentation, further explaining proposed improvements and funding available to Sebastian as a resource airport from FDOT. TAPE II - SIDE Ii (10:00 p.m.) Bob Freeland, 733 Wentworth Street, Sebastian, objected to lending money - to enterprise funds when other streets need paving. ~s Warren Dill, 11675 Roseland Road, Sebastian, expressed concern for plans to pave 4-22 as Phase I of the Airport Master Plan prior to obtaining funding for all other phases. Discussion continued on plans and funding. At 10:20 p.m., Mayor Firtion inquired whether Council wanted to extend the meeting. 18 Regular City Council Meeting June 14, 1995 , Page Nineteen MOTION by Halloran/Damp i move we extend the meeting to 11:00 p.m. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 Discussion continued. The City Manager said he wanted to guarantee that if the Airport repairs Airport Drive West with its own funds, and the federal government changes funding cycles, the City could loan the funds to the airport for matching funds. MOTION by Damp/Halloran I move to authorize the City Manager the authority to loan an mount not to exceed $100,000 to the airport enterprise fund in the event the money is necessary for match moneys for grants-m-aid and charge six percent interest. (Although stated three times prior in slightly different manners, this, the .final format, is the motion that was seconded). . a Mrs. Cartwright inquired if the loan approval could wait. ROLL CALL: Mrs. Cam~ght - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 19 Regular City Council Meeting June 14, 1995 Page Twenty 95.029 D. 95.013 ORDINANCE NO, O-95-0~ - Revised - Restricting Parking in Residential Disn-icts and on Street Rights-of-Way (City Manager Transmittal dated 6/8/95, 0-95-03) ]st 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 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 ] 1/2/94, 1st Draft Reviewed 2/1/95, 1st Reading 6/14/95) The City Attorney suggested this ordinance be held until the next meeting. City Council concurred. ORDINANCE NO. O-95-1~ - Accessory Buildings (Director of Community Development Transmittal dated 6/6/95, O-95-19) Jst Reading, Set Public Hearing 7/12/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCF_~, REGULATING ACCESSORY BUILDINGS, PROVIDING DEFINITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/24/95) The City Attorney read Ordinance No. O-95-19 by title only. The Director of Community Development suggested adding "or exterior walls higher than the structure containing the pr/mary residence" after the word "height" in the first sentence in Section 1. D.7. 20 Regular City Council Meeting June 14, 1995 Page Twenty-One 14. 15. MOTION by Com~Cam,ehght I make a motion for Council to approve the first reading and set the public hearing for July 12, 1995 with Cooper's amendments. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cam~ght - aye Mrs. Damp - aye MOTION CARRIED 5-0 Vice Mayor Coram continued her inquiries of consultant Eric Nielsen. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker None. CITY COUNCIL MATTERS A. Mayor Arthur Firtion None. B. Vice Mayor Carolyn Corum Vice Mayor Corem responded to a statement made during public input. C. Mrs_ Louise C~ght None. 21 Regular City Council Meeting June 14, 1995 Page Twenty-Two None. E. None. Mrs. Norma Damv Mr. Ra_vmond Halloran 16. 95.114 95.089 CiTY ATTORNEY MATTER~ The City Attorney advised that the legislature has adopted law on quasi- judicial hearings relative to ex-parte communication disclosure and asked if City Council would like him to amend the city's resolution by the next meeting ff in effect by that time. A consensus poll was taken: ROLL CALL: Mayor Fin/on Vice Mayor Corem Mrs. Cartwright Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0 17. CITY MANAGEI1 MATTERS The City Manager required whether City Council still wanted to hold the FS 180 hearing on June 28, 1995 and the City Attorney expressed concern whether there was time to prepare. City Council scheduled the heating for July 5, 1995. 22 Regular City Council Meeting June 14, 1995 Page Twenty-Three The City Manager inquired whether Council wanted to have the City Attorney to draft an ordinance relative to temporary use permits. 18. Being no farther business, Mayor Firtion adjourned the Regular Meeting at 10:55 p.m. Approved at the Meeting. ,1995, Regular City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 23 EXHIBIT "A" Sectio~ 5. EFFECTIVE DATE. The fee schedule which exists in Sections 30-5! and 30-52 of the Code of Ordinances of the City of Sebastian will continue in effect through September 30, 1995. The fee schedule which is set out in Sections 30-50 and 30-51 of this Ordinance shall be effective on October l, 1995. This Ordinance shall become effective thirty (30) days after its passage and adoption. City Council Workshop June 14, 1995 Page Two 4. 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. 5. WORKSHOP ITEMS A. General Engineering ConsultantPresentations General Engineering consulting firms made presentations to City Council as follows: A. Marshall, Provost and Associates - Keith McCully and Frank Davis. B. Williams, Hatfield and Stoner & Carter and Associates TAPE I - SIDE II (7:04 p.m.) Williams, Hatfield and Stoner presentation continued. C. Masteller, Moler & Reed 6. Being no further business, Mayor Firtion adjourned the workshop at 7:30 Approved at the 1995 Regular Meeting. ATTEST: Arthur L. Firfion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk  I i i City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (4~9~ ,~ F~¢07)589-5570 SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, JUNE 14, 1995 - 6:30 P.M. CITY COUNCIL CBAM3BERS 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 may be discussed and placed on an appropriate City Council meeting agenda for action. Substantive decisions may not be made at workshops. 1. Mayor Firtion called the workshop to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. I I I i I I i i i I I I I I I City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Councilmember Louise Cartwright Councilmember Norma Damp Councilm~mber Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifton A. McClellan& Jr. City Clerk, Kaflxtyn M. O'Halloran Deputy City Clerk, Sally Maio i City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, JUNE 21, 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 No public input is allowed at Special Meetings, unless provided in the meeting call (R-gS-2S) Mayor Firtion called the Special Meeting to order at 6:30 p.m. 2. ROLL CALL Ci.ty Council Present: : Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford : City Attorney, Timothy Williams City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Special City Council Meeting June 21, 1995 Page Two 95.115 SPECIAL MEETING ITEMS RESOLUTION NO. R..-.95-36 - Temporary Use Permit Policy (City Manager Transmittal dated 6/21/95, R-95-36) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A TEMPORARY USE PERMIT (TUP) POLICY; ESTABLISHING CRITERIA FOR ISSUANCE OF TEMPORARY USE PERaMITS; PROVIDING FOR AN APPLICATION FEE AND PERMIT FEE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-95-36 by title only. The City Manager recommended approval of the policy resolution until such time as the Land Development Code is amended to include language for temporary use permits, recommended deletion of "for each day of operation" in the last paragraph relative to fees, and stated that the purpose of the policy is to provide the capability for property owners to allow organizations to use parking lots for special kinds of sales. Following a request from Mrs. Cartwright a consensus poll was conducted to add duration of the sales. All City Council members agreed to add a duration of "fourteen consecutive days or fewer" except Vice Mayor Corum who did not cast a vote. This was added as item (j) in Section Vice Mayor Corum expressed concern that the public and other local businesses were not given an oppornmity to review the proposed resolution and recommended deferring the item to the next regular meeting. The City Attorney advised that some policy should be implemented to give the City Manager guidelines to follow to give approval to Walmart. Special City Council Meeting June 21, 1995 Page Three Bruce Bennett, Walmart Store Director, addressed City Council and requested a temporary use permit for a car show and fireworks sales and noted that Walmart, in its prior location in the county, sold fireworks each year for eight years. The sentence "Within seven (7) days of temporary use permit expiration, all items related to transient merchant operation shall be removed from the site", was added at the request of Mrs. Cartwright and concurrence of the City Manager. There were no objections. At the request of Mrs. Cartwright and input from the City Attorney, Section (1) was changed to "Application for a TUP shall be made by the owner or lessee of the host site". There were no objections. Discussion took place on making this policy valid for a limited time to compel the Council to adopt Land Development Code language. Mrs. Cartwfight and Vice Mayor Corum expressed concern for lack of restriction of permitted uses in the policy. The City Manager suggested the use would be restricted to allowed uses in certain zones. The City Attorney agreed that it doesn't give the City Manager much authority to mm things down. Mrs. Cartwright suggested using language in the Director of Community Development's June 6, 1995 memo regarding "seasonal sales such as Christmas trees and fireworks sales and other similar uses, special boat and vehicle sales", however, no definite decision was made on this. MOTION by Corem/Damp :~ "I'd like to make a motion. I'd like to allow Walmart their temporary use permit to have a car show on their premises and to allow them to sell their fireWorks on their premises for the month of end of June and the beginning of July." Mrs. Cartwright again requested definition of the terms of the permitted uses. The City Attorney said uses could be subject to such restrictions as the City Manager or Code Enforcement were to provide. Special City Council Meeting June 21, 1995 Page Four ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - nay Mrs. Damp - nay Mr. Halloran - nay Mayor Firtion - aye MOTION FAILED 2-3 (Cartwright, Damp, Halloran - nay) Mrs. Cam~ght said, "I was just going to say that if the Council passes this then we can, the draft, okay, the temporary use permit, then we have something we can make a motion". The City Clerk clarified for the record, that Mrs. Cartwright was referring to Section 1 of the resolution only. Vice Mayor Corum excused herself at 6:58 p.m. Mrs. Cartwright requested the addition of"and Fire Department by the City Manager", in the last sentence of the last paragraph of Section 1. Mr. Halloran requested that the resolution expire within 90 days. The City Manager inquired whether that amendment would be added to Section 4 and City Council concurred. The City Attorney suggested adding a sentence to 0t), "Any mobile homes or trailers may not exceed 200 square feet in area.". There were no objections. MOTION by Halloran/Cartwright a "I move that we adopt the Section 1, temporary use permits portion of R-95-36 with the corrections that we discussed this evening regarding the (tape ended - TAPE I - SIDE II) that we agreed upon this evening." 4 Special City Council Meeting June 21, 1995 Page Five ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Fin'ion - aye Vice Mayor Corum - absent MOTION CARRIED 4-0 (Corem - absent) Mayor Firtion adjourned the meeting at this time, however, Mrs. Cartwfight noted Council needed to "move to grant Walmart a temporary use permit to hold a fireworks sale and the car sale", and Mrs. Damp seconded. During the making of the second motion it was determined that the first motion was incorrect due to the fact that it approved only the first section of the resolution although Council had made amendments to Section 4 to make the resolution effective only for ninety days. MOTION by Halloran/Cartwright "I move that Council approves R-95-36 with that corrections that we discussed this evening and agreed upon." ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Fin/on - aye Vice Mayor Corem - absent Mrs. Cartwright - aye -. MOTION CARRIED 4-0 (Corum - absent) B. Consider Temporary_ Use Permit for Walmart MOTION by CartwrightfHalloran "I move we approve the temporary use permit for Walmart for a fireworks sale and a vehicle sale." 5 Special City Council Meeting June 21, 1995 Page Six ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - absent Mrs. Camvfight - aye Mrs. Damp - aye MOTION CARRIED 4-0 (Corum - absent) 6. Mayor Firtion adjourned the Special Meeting at 7:10 p.m. Approved at the Meeting. ,1995, Regular City Council Arthur L. Firtion~ Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 AGENI)A FORM SUBJECT: Ke~lution No. R-95-38 Vacation of Easement - Adrian Lot 5, Block 257, Unit 10 APPROVED FOR SUBMITTAL BY: City Manager: AGENDA NO. Dept. Origin :~ ~T~' Date Submitted: 06/21/95 For Agenda Of: 06/;~8/95 Exhibits: 1},-95-38 Application Survey No Objection Letters EXPENDITUtLE REQUIRED: AMO~ BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMEN'T We have received a request for vacation of easement for Lot 5, Block 257, Sebastian, Highlands Unit 10, fi-om Paul R. And Evelyn Adrian. All utilities and appropriate City departments have been notified and have no objections. Their letters are included 'in your packet. RECOMMENDED ACTION Adopt Resolution No. R-95-38. RESOLUTION NO. R-95-38 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISIqlNG, ABANDONING AND DISCONTINUING TH~ SOUTH TEN FEET OF THEE NORTH TWENTY FEET OF LOT 5, BLOCK 257, SEBASTIAN FIi'IGI-ILANDS UNIT 10, ACCORDISNG TO TEEE PLAT TREREOF, RECORDED iN PBI 6-37D, PUBLIC RECORDS OF IND~ RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ltl~REWITH; PROVIDiNG FOR RECORDiNG; AND PROVIDING AN EFFECTIVE DATE. BE iT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. VACATION OF EASEMENT. The City of Sebastian, Indian River County, Florida, does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The South ten feet of the North twenty feet of Lot 5, Block 257, Sebastian Highlands Unit 10, according to the plat thereof, recorded in PBI 6-37D, of the Public Records of Indian River County, Florida. ~ REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. River County, Florida. This resolution shall be recorded in the public records of Indian Section 4. immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember motion was seconded by Councilmember lows: EFFECTIVE DATE. This resolution shall be in full force and effect The and, upon being put to a vote, the vote was Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Louise 1L Cartwright Councilmember Norma J. Damp Councilmember Raymond W. Hallomn The foregoing Resolution was duly passed and adopted by the City Council of Sebastian, Florida, this day of ,19 . crrY oF SEB STL? FLORrDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTII:rY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared firthur L. Firtion and Kathrvn M. ~ known to me to be Mayor and City Clerk respectively, and neither of them took an oath. WITNESS my hand and seal in Indian River County, Florida, the day of , 1995. Approved as to Form and Content: Linda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Clifton A_ McClelland, jr., City Attorney 2 CITY OF SEBASTIAN APPLICATION FOR VACATION OF EASEMENT(S) (This request shall no be accepted unless completed in full) TELEPItONE NO. D~Y ~'~'.~ TYPE OF ENTITY:* *Individual, corporation, etc. - If corporation apply corporate seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: , ,J,r o (Attach description on attachment if necessary) DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This item to be filled in by Building Official) TYPE OF EASEMENT: D~/~//~/~ APPROXIMATE SIZE OF EASEMENT: ~0 feet in length in width PURPOSE FOR REQUEST TO VACATE: (Explain in detail your need to release this easement) I HEREBY CERTIFY that I, the Applicant, own the real property on which the easement I request to vacate exists, or I am authorized to present this request to vacate by the owner of the real property. Signed: ('title, if any) Date : ~ /~. ~/~ Corpora'to Seal Please Print Name Here Attach hereto the roll. lng: ~J~V'e ~,C(U'~ CC/;aC-~ z.~)--!. Map. plat, survey, or clear drawing at least 8 1/2" x 1!" showing the parcel of land on which the easement exists, with parcel(s) of land ad3acsnt to the easement to' b~ vacated. SHOW THE EASEM~NT CLEARLY ON DRAWING. (~) 2. Complete legal description of the parcel of land on which (N/~) the easement exists if the full description cannot be placed on the lines provided above for the deso~lption. ( ) 3. Written authorization of the owner of the parcel of land (N/A) on which the easement exists if the applicant is not the owno~. ) 4, N/A) IF IT IS NECESSARY TO GRANT BACK ANOTIIER EASEMENT TO REPLACE THE EASEMENT THAT TS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISN THE DEDICATION OF THE NEW EASEMENT. Attach a check or money order payable to "The City of _~-~./-.O . Sebastian" upon submittal of this application to the ~~ Office of the City Clerk. This application fee is not ~/~/, refundable_.~ The fee is $25.00. M^S[ELLEFI, MOLEF~ & REED, INC, · l~iL~._o~ ~rw~ ~, ~ ' CDRTIFICAT[ON~_ I Rod Reed, heceby ce~try ~ha~ the ~ul.vey ehown I~ereon p,~rro~med ~-~. ~ and [he~ it mee~e =re minimttm ~eehnica] s~ndncds Co ~eccton 2172-027 or [he Florida o~$~utee end 21HI1-6 or [he adminietr.ctve code, I I I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 I TELEPHONE (407) 589~5330 [] FAX (407) 589-5570 May 24, 1995 Richard Votapka Director of Public Works 1225 Main Street Sebastian, Florida 32958 Dear Sir: ~ The City of Sebastian has been r~uested to grant approval for an abandonment of the South five (~_ feet of the North t~enty (20) feet of Lot 5, Block 257, SebaStian Highlands Unit 10; A copy of the survey is attached for your information. In compliance with City of Sebastian Ordinance ~0~76-4, June 14, 1976, you must respond in writing within fifteen days. Should you have any questions concerning this matter, please contact my office at 589-5330 between the hours of 8:00 A.M. and 4:30 P.M. Sincerely yours, City Clerk KOH:lmg Attachment ( \ ws- form/ aban- 1 et ) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 May 24, 1995 Richard Votapka Sebastian Utilities ' 1225 Main Street Sebastian, Florida 32958 Dear S ir: i ~ The city of Sebastian has been r~uested to grant approval for an abandonment of the South five ~ feet of the North twenty (20) feet of Lot 5, Block 257, Seba.4tian Highlands Unit 10.2 A copy of the survey is attached for your information. In compliance with City of Sebastian ordinance ~0-76-4, June 14, 1976, you must respond in writing within fifteen days. Should you have any questions concerning this matter, please contact my office at 589-5330 between the hours of 8:00 A.M. and 4:30 P.M. Sincerely yours, Kathryn M. O'Halloran, CMC/AAE City Clerk KOH:lmg Attachment (\ws-form/aban-let) City of Sebastian 1225 MAIN STREET = SEBASTIAN, FLORIDA 3,2B58 TELEPHONE (407) $81~-5530 ~= FAX (407) 589-5570 ~lm Kiernan S~ut~ern ~ell Telephone 3300 Okee~hobte Roa~ F~. Pier=e, Florida 34947 The City of Sebastian has been requested =o grant approval for an abando'nmen~ of ~he South =an (10) ~ee= of the North twenty fee~ of Lo= 5, Block 2~7, Sebastian Highlands Unit I0. A copy of =he In compliance with City of Sebastian Ordinance $0-76-4, June 14, 1976, you must rsspon~ in writing within fifteen ~ays. I Should you have any questions concerning this mat~er, ~leaee con=mc% my office a= 589-5~30 between the hours of er00 A.M. a?d 4:30 P.~, S~~iy yours City Clerk KOH: lmg Attac~en= (\ws-form/aban-let) June 15t 1995 Ms. Kathryn M. O'Ha!!oran, City Clerk CiSy of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Abandonment of Easement -~L°t 7,9' .RlcckBl°ck 339,5~ Unit Unit I~ ~ ~/~//~~ Lot 5t Block 257, Unit i0 Lot 3, Block 574, Unit 17 Dear Ms. 0'Hal!oran, Falcon Cable TV has no objections to the abandonment of easement at 5he referenced locations. Ken Vickers, Regional Manager Falcon Cable TV FALCON CABLE MEDIA 710 Washington Street, P.O, Box 780249, Sebastian, Florida 32978, Tel: (407)589-38 '4~_~~'j City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 = FAX (407) 589-5570 AGENDA FORM SUBJECT: Tree Advisory Board Meetings APPROVED FOR SUBMrfTAL BY: City Manager: AGENDA NO. Dept. Origin : City Clerk"~'0' i-~ Date Submitted: 06/20/95 For Agenda Of: 06/28/95 Exhibits:Ordinance No. O-95-01, SEC 20A - 14.16 EXPENDITURJ~ REQU]I~D: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUM-MARY STATEMENT In compliance with O-95-01 "Tree Protection" specifically Sec. 20A- 14.16 "Tree Advisory Board" the board has requested to meet the first Monday of each month commencing August 1995 at 5:30 p.m. in the City Manager's Conference Room. RECOMMENDED ACTION Move that the Tree Advisory Board be granted the availability of the City Manager's Conference Room the first Monday of each month effective August 1995 ar 5:30 p.m. In the event a site plan is required to be submitted, then the application shall be submitted simultaneously as par~ of the site plan application and the approval period shall be as required for the site plan review. A certificate of occupancy shall not be issued by the City for a residential unit without the applicant first demonstrating compliance with the provisions of Sec. 20A SEC. 20A 14.16 Tree Advisory Board /here is hereby created a Tree Advisory Board which shall provide advice to the City Council as requested by the Council on care of trees on, City property, preservation of historic Utees, proposed planting of trees on City property, proposed amendments'to the Tree Protection Ordinance, and such other matters as required by the City Council from time to time. The Tree Advisory Board shall consist of five (5) residents of the City, who shall be appointed by the City Council. Members shall serve without compensation. Initially, three (3) members shall be appointed to 2 year terms and two (2) members shall be appointed to 1 year terms. Thereafter, ail appointments shall be for 2 year terms. Vacancies shall be filled by the City Council.  f~eetmgs shall be held at such places and times as specified by the City Council from me time, amd shall be open to the public, ~ CONFLICTS. Ail ordinances or parts of ordinance in conflict herewith are hereby repealed. Section 3, C. ODIlrlCATION- k is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and k is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code 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 appropr/ate designations. 12 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Animal Petting Zoo (Riverview Park) Approval For Submittal By: City Manager EXPENDITURE ) AGENDA NO. ) ) ) ) ) ) ) ) ) Dept. Origin: City Manager Date Submitted:06/21/95 For Agenda Of: 06/28/95 Exhibits: AIVIOUNT APPROPRIATiON REQU]ltED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY We have received a request to operate an "animal petting zoo" at Riverview Park during the July 4th festivities. As you know, animals are prohibited m the Park. Therefore, ff we want to make an exception, the City Council should indicate this decision during a regular scheduled meeting. RECOMMENDATION A copy of the 4th of July Committee's recommendation has been distributed independently of the Agenda. The Agenda was prepared prior to the committee meeting. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 g FAX (407) 589~5570 SUBJECT: kPPOINTMENT OF POSITIONS) Agenda Number: TO CODE ENFORCEMENT BOARD Dept. Origin: Community. Development (BC) Date Submitted: 6/21/95 For Agenda Of: 6/28/95 Exhibits: 1. Applications 2. Memo dated 6/21/95 ~rom Code Enforcement Board Secretary Approval for Submittal By: City Manager EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT As directed by the City Council at the May 10, 1995 regular meeting, the Code Enforcement Board re-advertised ior its vacant positions. The positions were advertised to the public until June 14, 1995. Currently, the Code Enforcement Board has six members. Mrs. Kostenbader's term expired in May, and she is not up for reappointment. The subcontractor position has been vacant since February 1994. At City Council's..discretion, the Board may have up to two alternate members. At its regular meeting of June 21, 1995, the Code Enforcement Board interviewed all present applicants, and passed motions to recommend to City Council to appoint Mr. Dave Costa~to the expired resident position, Mr. Ken Cosco to the subcontractor position, Mr. Albert Goelz to the alternate position, and Mr. Nell Dural to the 2nd alternate position. However, the provisions of Section 10, Resolution R-94-51, requires the City Council to interview each applicant at a public meeting prior tc voting for their selection. There are two applicants in addition to the above mentioned, and copies of their respective submittals are attached. RECOMMENDED ACTION Interview the applicants prior to voting for your selection. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFI~RENCE: June 21, 1995 Mayor, City Council Dorri Bosworth, Secreta~y~ Code Enforcement BoardQ.~.'~ Code Enforcement Board Recommendations for Vacant Positions At its regular meeting of June 21, 1995, the Code Enforcement Board reviewed all applications it received for its vacant positions. Three of the four original applicants, Mr. Dave Costa, Mr. Michael Fitzpatrick, and Mr. Robert Pruitt reapplied. Mr. Mack May did not. Mr. Fitzpatrick could not be present for the Code Enforcement Board's interview and would not be available for the Board until September 1st. The re-advertisement requested by City Council brought in five new applicants. One applicant, Mr. Steven Munchak, withdrew his application at the meeting. Mr. Carl Anderson's application was determined, by the Board Attorney, Mr. Steven Lulich, to be invalid per a Florida Statute. It created a conflict of interest because Mr. Anderson is a part-time city employee. After discussion, Mr. Generazio made a motion to recormmend to City Council to appoint Mr. Dave Costa to the expired resident position, 3-year term expiring in March, 1998. Mr. Nicolini seconded the motion. Roll call was taken: Mr. Nicolini Yes Mr. Metcalf Yes Mr. Generazio Yes Mr. Neglia Yes Chmn. Gilliams Yes Mrs. Kostenbader No Motion Carried 5-1. Mayor, City Council. Code Enforcement Board Memo Page Two Mr. Nicolini then made a motion to recommend to City Council to appoint Mr. Ken Cosco to the expired subcontractor position, 3-year term expiring February 1997. Mr. Generazio seconded the motion. Roll call was taken: Chmn. Gilliams Mrs. Kostenbader Mr. Nicolini Mr. Metcalf Mr. Generazio Mr. Neglia Yes Yes Yes Yes No Motion Carried 5-1. Mr. Generazio made a motion to recommend to City Council to appoint Mr. Albert Goelz to the 1st alternate member position, 3-year term expiring June 1998. Mr. Neglia seconded the motion. Roll call was taken: Mrs. Kostenbader Yes Mr. Nicolini Yes Mr. Metcalf Yes Mr. Generazio Yes Mr. Neglia Yes Chmn. Gilliams Yes Motion Carried 6-0. Mr. Neglia made a motion to recommend to City Council to appoint Mr. Neil Duval to the 2nd alternate member position, B-year term expiring June 1998. Mr. Generazio seconded the motion. Roll call was taken: Mr. Nicolini Mr. Metcalf Mr. Generazio Mr. Neglia Chmn. Gilliams Mrs. Kostenbader Yes Yes Yes Yes Yes Motion Carried 6-0. 4. 5. 6. 7. 9. APPLICATION TO NAME:~~I~ ADDRESS: HOME T~LEPHONE:~fjf BUSINESS: BUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE: (use additional sheets if necessary or submit resume if available) 10. Voter registration no. ~~-~ Are you a resident of the City? Length of Residency 1t. 12. !3. 14. 15. Do you hold a public office? Yes_~ No Yes No a~ Do you serve on a City Board at Present? Yes__ No ~ PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "!") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE ~ .. *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD ~ *PLANNING AND ZONING ------ HANDICAPPED 'COMMITTEE. '" ~ 16. What qualifications do you have to serve on this board? 17. What reasons do you have for wishing to serve on an advisor~3 board? 8. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? 19. Would you consider serving on another Board other than the one(s) you selected above? Yes ~ No ~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the Cindy of Sebastian to investigate the truthfulness of all tzon which I have provided in this application. informs ' -~-~ .... omission of information rand that any misrepresen~,~ ~ unders ......... e for disqualification or requested in this app±ica~on ~ removal. understand that the City Council of the City of SEBASTIAN may I ...... nici-al board member for end or remove :rom o=z~ce any mu sus~ ........ n~lected duty, habitual drunkenness, ma ---~ ~bilit~ to perform his · etence or perman~i~u ~,~ ~ _ zncomp _ f ...... ~-m th=t the City Council may suspen~ dutme . . fo ion or ~or a any municipal board member who ~s arrested r afe . nor related to the duties of his office or who ms mmsdemea ....... ~--~ ~or the commission of any felony or indicated or ~nzormeu ~w=~o~ misdemeanor. authorize the Sebastian Police Department to run an active warrant check on me. AppliCant si~natur~ Subso bed and sworn to befor, me this of 19 ~5, by '~&//'.D E. Cc.~ , who is persona~iy known tO-~ or has produced ~, ~ ~, c~J~ .~'-3~ ~f- ~ as identification- ( SEAL ) Name of Notar~ (Printed or T~-ped) Commission No. fo_~mkapp!ication 2 4 5 6 7. 8. 9. APPLICATION TO SERV~ ON_ CITY .BOARD HOME TELEPHONE: ~6q ~Sfl ---770 ~ BUSINESS: ~ Co BUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: (use additional sheets if necessary or submit resume if available) Voter registration no. O0 6~l~jOUI 10. 11. Are you a resident of the City? Yes~/ No 12. Length of Residency ,., ~ ~ 13. Do you hold a public office? Yes__ No 14. Do you Serve on a City Board at present? Yes__ NoV/ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE " *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING __~ HANDICAPPED COMMITTEE' !6. What qualifications do you have to serve on this board? 17. What reasons do you have for wishing to serve on an advisory bQard? Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? 19. Would you consider serving on one(s) you selected above? Yes No ~// another Boar~ other than the Yes ~ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. I~D~a~i~IU£~CoO~rV P/~icant Signature ~~ 19 q__~, by bf{+ 9. P[u~.... , who is ]~ersonally known to me or has produced ~3~ as l--dentificat!on. (SEAL) )s-form~application Name of N~tary (Printed or Typed~ Commission No. BUSINESS TELEPHON~.:~~a~---- ~ ~ ?( 7. SOCIAL SECURITY NUMBER:_~_~--~ - ~ 11. Ar~ you a resident of %h~ Ci%y? Yes~ No~ 12. L~ngth of.ReS,iden~y : .." ' ~ ~5 14. Do you ssrve on ~ Ci%y Board ~% pre~snt7 Yes~ No~ 15. PSEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVIN~ ON: (Pleas~ number in order of prefsrsnc~ wi%h first choic~ being "1" ) *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD *PLANNING AND ZONING ~ HANDICAPPED COMMITTEE ...... 16. What qualificatigns .... do you have to serve on ~,,hi~ bosrd? "' '~ '.'..i 17. What r~sons do you have for wishing to ssrve on an advisory board7 misdemeanor involving moral ~urpi~ude in ~his or any ~7~:?,. : ,~ ~ . '~ 'No ', x ~'"' '~ lg. Would you consider ~eryt~g on ano~h'er'Bqa~d other thafi."the~ one(~) y6u sel"~cted above? ' ' ' Yes I hereby certify that I am qualified %o hold the. position for which this application is made. Further, I: h~reby authorize the City of Sebastian %o inv~stigat~ the truthfGlnes~ of all information which I have provided in this application. I understand that .'any mi~repres~nta%ion 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 duffs, s, Further, I understand that the City.Council may suspend any municipal board member who is arrested for ~.felony or for a misdemeanor~related'to the duties of his office or who is indicated or informed against for the commt~sion of any felony or misdemeanor. I hereby authorize the Seb~stian Police Department to run an active warrant check on me. Signature" /~ '3Appiicah{ Subscribed and sworn to before~me this 8 day of 19~ by YM ~ ~_~ '-~, ~,~.~t~ who is personally known to me or has produced -:,~_-~t'--( t&r......~"~Li '~{%'~{&b as identification. Notary Publi~, Stat~ df Flori.~ Name of Notary (Printed. or Typed). Commission No. \ws- form~application PPLZCATION 7. SOCIAL SECURITY NUMBER: 8. DRIVERS LICENSE NUMBER: 9. RESUM~ OF EDUCATION AND EXPERIENCE: (use ad~tiona! sheets if necess~ or submit respa if' available 10. Voter registration no. ~P ~ 7~ !i. A.~e you a resident of the Cindy_? Yes~ No 12. Length of Residency !3. 14. 15. 16. Do you hold a Public o~fice? Yes No / Do you se=ye on a Cit-Z Board a% present? Yes PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING (Please number in order of preference wi~h firs~ CF. METERY COMMITTEE What ~a!i 17. What reasons do you ha.ye for "wishing ~o serve on an advisc~ you ever been convicted of ~ny felony or an~ misdeme'~or involving moral turpitude in this or any state? Yes No 19.. Would you consider se_~ving on another Board~other than the one(s) you selected above? , Yes I hereby Cer~if~ that I am ~al£fied to hold the position for wh/ch this application is made. Fur~her, I hereby authorize the C£t-~ of Sebastian to investi~ate_,the t_--uthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in t-~is application is cause for disq~/aii~ication or removal. I understand that the Cit~/ Council of the Cit~. of SEBASTIAN may suspend or remov~ from office any mLu%icipal boar~ member malfeasance, misfeasance, neglected dut~f, habi~al dl-ur~enness, -incompetence~ or pe~-manent inabili~-~ to peL~orm kL~s o~ficia! duties. Further, I understand T_~at the Cit~/ Council may suspend any mur~oipal boa=~ member who is a~--ested ~or a felony or fo= a misdemeanor related to the duties of h~s office or who is indicated or informed against for the commission of any felon~ or misdemeanor. I hereby'a~thorize thO"Sebastian Police Depa~-tment to run an active wa_~r~t check on me. Apb !ic~n~t Sig~a~e~ Subscribed and sworn to before me to me or has produced , who-is pe~rsonal!~ ~no~ as identification. ,\ application No=ar~ PUblic, Stat~ of Florida Name of Nctar!r (Pr~--nted or ~ed) Co~ssion No. 4. 5. 6. 7. 8. 9. HOME TELEPHONE:~~/O~ Bus NESS: /,.,,/,,; BUSINESS ADDRESS:,~~~ BUSINESS SOCIAL SECURITY NUMBER:~D~ DRIVERS LICENSE ~MBER: RES~E OF EDUCATION AND EXPERIENCE: (use additional sheets if necessary or submit rssume if available) 10. ll. 12. !3. 14. 15. Voter registration no. Are you a resident of the City? Length of Residency Do you hold a public office? Do you ser~e on a City Board at present? Yes~/~ No Yes__ No_~ Yes__ No ~ PLEASE CHECK THE BOARD(S ) YOU ARE INTERESTED IN SERVING ON: (Please number in order of Preference with first choice being "l" ) *BOARD OF ADJUSTMENT CEMETERY COMMITTEE ------- *CODE ENFORCEMENT BOARD __~ *CONSTRUCTION BOARD *PLANNING AND .ZONiNG HANDICAPPED COMMITTEE 17. What reasons do you" have for wishing to serve on an advis6ry /~ board? 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No 19. Would you consider serving on another Board other than the one(s) you selected above? Yes '~ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate'the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. to me or has produced day of ~ , is per,~s~ally known as vi~n~i~ication- ( ) 0rmkapplication No~ Public, State of-TFlorida Name of Notary (Printed or Typed) Commission ALBERT L. GOELZ 1618 Seahouse Street Sebastian, FL 32958 (407) 388-9315 SUMMARY A seasoned, goal oriented production supervisor with a sol.id foundation in administrative and management duties. Exercise responsible financial control, prudent materials management, and administer preventive maintenance scheduling. Demonstrated ability to apply industrial management and problem solving skills in high technology environment. A strong motivator of subordinates, an effective organizer, planner and communicator with good interpersonal sldlls. Press Room Coordinator (1986-1988) EXPERIENCE Komatsu Dresser Co.; Libertyville, IL Production Supervisor (1989-1990) Oversee the start up generation for the new WA Series Front End Loaders - Instructed 12 welders, 4 machinists in the subject of converting measurements from standard to metric. - Arranged building to effectively handle work loads General Motors Corporation Buick-Oldsmobile-Cadillac Group, Willow Springs, IL Metal Assembly Coordinator (1988-1989) Responsible for managing 4 supervisors, maintaining safety and quality while insuring production levels are met. - Analyzed machine downtime, communicated expectations to employees, increased production, reduced downtime and minimized salvage work. Lowered absenteeism rate. Cross-trained to perform manager's responsibilities. 1989-1990 repairs. Managed seven subordinates, over 150 production personnel, and coordinated production lines around smiled trade activities. Controlled 30 lines consisting of over 150, 300 to 1200 ton major presses and 80, 50 to 150 portable presses. - Improved productivity and team work. Negotiated and settle grievances. - Presented training on safety, quality, and scheduling. - Developed, implemented, and reviewed subordinates' performances. Recommended action based upon evaluations. - Supervised the career entry and training of General Motors Institute graduates, - Responsible for reporting all deficiencies to proper departments and schedule ~971-1989 PressRoom Supervisor (1984-1986) Motivated a team of 34 workers in the production of outer surface material with a high standard of quality. - Reduced scrap and salvage rate from 12% to less than 3%. - Worked closely with Tool and Die Department to trace problem areas and eliminate the cause. Ready Metal, Chicago, IL 1983 - 1984 Finishing Supervisor Managed lead man and 18 employees in the application of water base paints. - Resourced, evaluated and implemented advanced robotic technology. - Instituted new method of sludge removal. - Wrote standard operating procedures for each work station reducing accidents, increasing production and maintaining the same high quality on all shifts. General Motors 1971 - 1983 Electro-Motive Division, McCook, IL Production Sur)ervisor (1974-1983) Produced locomotives valued at over one million dollars each. - Forecasted manpower for model changes. - Highest efficiency and lowest absentee rate. - Revised floor layout to utilize all space efficiently. B3zua~.zaEitI.~ (1971-1973) Interpreted prints and built component parts of locomotives to specification. - Recognized for three cost reduction ideas. Joliet Army Ammumt~on Plant, Elwood, IL 1967 - 1971 Building Supervisor (1969-1971) Managed three subordinate supervisors and 64 hourly persormel in the manufacturing of 105mm shells for the U.S. Army. - No lost time accidents in the department from 1969-1971. - Exceeded allproduction requirements. Production Supervisor (196%1969) Coordinated 28 personnel in the manufacturing of 105m warheads. EDUCATION Completed in excess of 1100 hours of continued education with Moraine Valley Community College, General Motors, Joliet Army Ammunition Plant, consisting of robotics technology, supervisory skills, safety, SPC, EEO, EAP, and computer awareness. PROFESSIONAL MEMBERSHIPS S.M.E. Robotics International, Chapter 253 ~._ .~Finishing, Chapter 265 i (use addiZional shee~s if necessa~ or submit r~s~e if ~-ai!able) Ar~ you a resident of the Cji-f? 12. Length of Residency 14. 15- .,. Yes No ~ Do you hold a public office? Do you serve on a Cit-f Board at present? Yes., No~ PLEASE CF_ECK THE BOARD(S) YOU ARE i~ER~$TED iN SERVZNG ON: (~lease nuuuber in order of preference with first choice being "i") *BOARD OF ADJUSTMENT : CEMETERY COMMITTEE ------- ~CODE ENFORCEMENT BOARD __J-- '- *CONSTRUCTION BOARD *PLANNING AND ZONING PLANDICAPPED COMMITTEE _---- 16. What cn~a!ifica=ioDs do y~u ~av~ to serve on this board? --~ - D dl, ~ !?. Wha~ roasons do you have for wishing to se?ye on an adviso~v ~o~-r~? ' ~ - Z. 4_ C~a'z~-s' ~ !S. Have you ever been convicted of any .felony or any misdemeanor involving mor~! turpitude in this or any $~aTe? Yes No~ 19. Would you COnsider serving on ~nother Board other than the one(s) you selected above? Yes ~ No ~ I hereDy certify that I am ~ua!~fied to hold the position for which this application is made. Fu.--t~her, I hereby authorize the CiT~ of Sebastian to invest~gata the truthfulness of all information which I have PrOvided in this application. understand That any misreDresentation or omission of information requested in this application is cause for disqualification or removal. ! understand that the Ci~ Council cf the City. of SEBASTIAN may suspend or remove from office any municipal board member malfeasance, misfeasance, n~glected duty_, habitual incompetence, or permanent ~nabiii~ to perform his official duties Fur-~her, ' - understand that the Ci~ Council may suspend any municipal boamd 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 wart_an= check on me. Xp!Yiican~:" $ignauu~'e ' Sub_scribed , .' _ ~o before me , ~~. -~, y ./u~.-~ C- .. ,~'~.~x~ , to me or has produced ~'. ~I,~'~-~6-3Y-.J&~- who is ~r~naii~ ~,~ as identification. (sz,,~) /~\appiicaTion i I I I I i I AME: APPLICATION TO SERVE ON CITY BOAR HOME ADDRESS: HOME TELEPHONE: ~-D~ ~;- Z,7'~ ~ / BUSINESS: /~/~ -- f'/~."2 ~/$~;_3 5. BUSZNESS ADORESS: //~ 6. BUSINESS TELEPHONE: 7. SOCIAL SECURITY NUMBER: 8. DRIVERS LICENSE NUMBER: /~/5~2~ -~D~'-- ~/'~0~/'o ~ 9. RESUME OF EDUCATION AND EXPER!EN~. ~/~, :~eZ 12. Length of Res~~ ~.~y,.-//~, 13. Do you hogan!lc' % - office.~ Yes No 14. Do you se~e on a City Board st 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 "l") *BOARD OF AD~STMENT / .. CEMETERY CO~!TTEE *CODE ENFORCEMENT BOARD 3 *CONSTRUCTION BOARD *PLANNING AND. ZONING HA~ICAPPED CO~ITTEE 16. What qualifications do you have to se~e on this'board7 ..... 17. What reasons do you have for wishing to serve on an advisoz-y board? ./ 8. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No / 19. Would you 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 DeDartment to run an active warrant check on me. ADplicant Signature Subscribed and sworn to before me this ~ day of ~z~/. , 19 f~, by .SB£U~/J k-, /~,'~'CF~-.. , who is persona~known to me or has Droduced ~,7~-~/?~-~ as ident~ification. (SEAL) z Ublic, sE te Name of No~a~ (Printed or Typed) Co~ission No. -form~application 6. BUSINESS TELEPHONE: ~'-,.~c,~, ~? ,~¢..3 / 9. RESUME OF EDUCATION AND ~XP=R!SNC~ ~' ~use additional shee~s if necess~ ~ ~ 10 Vo~er %~gistrstion nc. !2 L eng,h of Res,de~ -- ~V-- !5 PLEASE CHECK ~) YOU ARE INTERESTED IN SERVING ON: TEE BOARD ( (Please number in order of prsfer~nce with firs~ choice being "!" ).BOARD OF AD~STMENT CEMETERY CO~ITTEE ' -' *CODE ENFORCEMENT BOARD / " *CONSTRUCTION BOARD ~PLANN2NG .AND ZONING HANDICAPPED CO~ITTEE 16. What ~ua!ifications do you have to serve oq. this board7 17. What reasons do you have for wishing Zo se~e on an advisor2' board? 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes !9.. Would you consider se_~ving on another Board other than the one(s) you selected above? Yes _~ No I hereby certify that I am qua!i'~ied to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investi~ate.~he truthfulness of all information which I have pro~±ded in this application. I understand that any misrepresentation or omission of infoz~mation requested in this application is cause for disqualifica%ion or removal. I understand that the Cit-g Council of the City of SEBASTIAN may suspend or remove from office an~ municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the Cit-g 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 znfol-med, agamnst for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police"Department to run an active warrant chec~ on me. Applicant Subscribed /a~.d swor!%~ to before me this __ to me or has p~0duced /4 day of who is personally known as identification- Notary Public, Sta~te of Florida Name of Notary (Printed or T!rped) Commission No. form%application City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: AWARD TELEPHONE BID FOR THE CITY OF SEBASTIAN Approved For Submittal By: City Manager ,~// Agenda Number: ~ /,~ Dept. Origin: Community Development (BC) Date Submitted: 06/20/95 For Agenda Of: 06/28/95 Exhibits: 4. 5. 6. Bid Specifications Addendum to Bid Specifications Bid Tabulation Bid Description Summary Bid Clarifications Bell South letter of 6/19/95 EXPENDITURE REQUIRED: $34,279.45 AMOUNT BUDGETED: $59,550.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT History: The City currently has a Horizon telephone system (dinosaur) which is obsolete and has no capacity for expansion. The City. system currently experiences the following frequent problems: 1) the inability to obtain outside lines; 2) cannot transfer phone calls; 3) citizens obtain a busy signal in various departments. With the above referenced major problems and the lack of current technology and features, staff prepared a bid specification with the help of experienced technicians in the industry. After advertising the bid package, staff conducted a prebid meeting with all proposed vendors to review and clarify all portions of our specifications. Subsequently, staff prepared an addendum (%1) to the bid specifications and extended the deadline for submittals to April 24, 1995. This time frame was extended in order to provide all vendors sufficient time to properly bid on this project. This meeting was very helpful for all parties and the addendum insured that all bidders were on the same, wave length. ,,~,?,--'~,. Bid Opening: On April 24, 1995, at 2:00 p.m. I held the bid opening. The submitted bids are depicted on the attached bid tabulation. After many bid clarification meetings with Bell South and Mactel, staff has determined that Bell South has met the minimum specifications for the base bid and has submitted the lowest base bid. Staff recommends that the bid be awarded to Bell South based on the following: 1. Lowest bid based on bid specifications. 2. Phone equipment is superior in quality. 3. Bell South's longevity in business. After a great deal of research and clarification of the bid numbers, staff would recommend the following expenditure: Base Bid: Add/alternate Bid No. 1 (Voice mail) Add/alternate Bid No. 3 (Long Distance Tracking) Additional Purchase of T-111 Card* $27,083.33 6,109.20 495.00 591.92 Total Expenditure $34,279.45 *The vendor has recommended this to be included in the phone system. The addition of this item will allow the system to pool (share) all roll over lines between various departments for incoming and outgoing calls. An incoming call on a line that is busy would then roll over to the next open line available in the pool. The same concept would work for obtaining an outside line. RECOMMENDED ACTION Move to award the phone bid to Bell South in the amount of $34,279.45 subject to vendor meeting all provisions for the Base Bid, Add/Alternate No. 1, and Add/Alternate No. 3, as outlined in the Phone System Specifications for City Complex dated March 16, 1995 and Addendum No. 1 thereto dated April 4, 1995. Amount awarded to include a T-111 card. SECOND NOTICE OF INVITATION TO BID THE DATE HAS BEEN EXTENDED TO SUBMIT SEALED BIDS FOR A FIXED PRICE TO FURNISH AND INSTALL A NETWORK PHONE SYSTEM ALONG WITH APPROPRIATE HARDWARE, SOFTWARE, WIRING, DEVICES, PHONES, JACKS AND ANY OTHER MATERIAL NECESSARY AT THE CITY COMPLEX. BIDS' WILL BE ACCEPTED IN THE OFFICE OF THE CITY CLERK, CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN FL 32958, UNTIL 2:00 P.M. ON MONDAY, APRIL 24, 1995. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: PHONE SYSTEM THE CITY OF SEBASTIAN IS SOLICITING BIDS TO FURNISH AND INSTALL A NETWORK PHONE SYSTEM ALONG WITH APPROPRIATE HARDWARE, SOFTWARE, WIRING, DEVICES, PHONES, JACKS AND ANY OTHER MATERIAL NECESSARY FOR THE CITY COMPLEX LOCATED AT 1225 MAIN STREET AS NOTED IN THE SPECIFICATIONS. PROSPECTIVE BIDDERS MUST CONTACT THE CITY CLERK'S OFFICE IN PERSON, BY MAIL AT THE ABOVE ADDRESS, OR BY TELEPHONE (407- 589-5330) FOR BIDDING DOCUMENTS AND SPECIFICATIONS. PROSPECTIVE BIDDERS ARE ENCOURAGED TO MAKE A FIELD INVESTIGATION OF THE PREMISES PRIOR TO SUBMITTING THEIR BIDS. MINORITY FIRMS ARE ENCOURAGED TO APPLY. QUESTIONS OR CONCERNS SHOULD BE ADDRESSED TO THE CITY OF SEBASTIAN, BUILDING OFFICIAL, BRUCE COOPER. BIDS WILL BE PUBLICLY OPENED AND READ ALOUD AT 2:00 P.M. ON MONDAY, APRIL 24, 1995 IN THE CITY MANAGER'S CONFERENCE ROOM. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. BY: KATHRYN M. O'HALLORAN CITY CLERK CITY OF SEBASTIAN PUBLISH: VERO BEACH PRESS JOURNAL WEDNESDAY, APRIL 5, 1995 ADDENDUM NO. 1 TO PHONE SYSTEM SPECIFICATIONS FOR CITY COMPLEX April 4, 1995 The following changes have been made to the Phone System Specifications for City Complex dated March 16, 1995. These changes are to be incorporated into the specifications to assist you in the development of your proposal. If you have any addltional questions, please feel free to call Bruce Cooper at (407) 589-5537. PART 1 - GENERAL 1.0lB(1 a. Delete and replace with the following: "Proposed system must have immediate capacity of 40 lines. Indicate future expansion capacity within this system (without additional equipment costs)." 1.0lB(3 a. Delete and replace with the following: "The basic single line phone with button access features for low usage areas. [Include 18 of these phones in the base bid.]" 1.0lB(3 b. Delete and replace with the following: "Frequent Use Areas: Multi-line set for frequent use areas. [Include 9 of these phones in the base bid, of which 7 need to be speaker phones.] Multi-line set for frequent use areas to include LCD display." [Show cost increase per phone for this option.]" 1.01B(3 c. Delete and replace with the following: "Centralized Answering Position: The multi-line phone with 10 or more lines for a centralized answering position within each department. [Include 16 of these phones in the base bid, of which 1 needs to be a speaker phone.] The multi-line phone wlth 10 or more lines for a centralized answering position within each department, to include LCD display and DSS fields. [Show cost increase per phone for these options.] Vendor should itemize the cost of each type phone and list its specific features. Identify whether speaker capability Zs built in or an add on." !,O1C Delete and replace with the following: "Add/alternate Bid No. 1 shall be the additional expense to include integrated voice mail system uSilizing two (2) ports with four (4) port expansion capability with a total of 60 minute memory capacity. Contractor to identify additional costs to expand to 100 minute memory capacity." 1.01E The following shall be added: "Add/alternate No. 2 shall be a PBX system with capability of pooling the roll over lines." 1.01F The following shall be added: "Add/alternate No. 3 shall be additional expense to incorporate SMDR/RS-232C to track long distance calls." 1.01G The following shall be added: "Information on lease/purchase options should be provided." 1.04C The following shall be added: "Include specific information on wiring warranty (whether utilizing new or used wiring)." PART 2 - PRODUCTS 2.0lB Delete and replace with the following: "Battery Backup - No loss of features (memor~f on system). Minimum 30 minutes." 2.0lC Add the following item to the list of System Features: "YES NO ISDN Compatible (If no, please identify additional costs to provide capability.)" PART 3 - EXECUTION 3.02B Delete and replace with the following: "Vendor to provide training for approximately 100 employees on basic use of phone. Vendor to provide training for 2 to 5 employees as System Administrators to handle program changes for special features." 3.02C The following shall be added: "Provide surge/lightning protection at each separate building location in conformance with specific standards outlined by the Division of Communications." 3 DATE: TO: RE: City of Sebastian 1225 MAIN STREET [] SF_BASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (40?) 589-5570 Proposal Form APRIL 4, 1995 PROSPECTIVE BIDDERS BID - PHONE SYSTEM Please use this form to respond to the subject bid request. Submit your bid in a sealed envelope marked as follows: PHONE SYSTEM Your response must be submitted to the City Clerk's Office at Sebastian City Hall, 1225 Main Street, Sebastian, FL 32958, no later than 2:00 p.m. on Monday, April 24, !995. Contractor will furnish all labor, supervision, materials, tools, equipment, permits, licenses, and proof of public liability insurance in order to complete the required installation in accordance with the attached specifications. Having carefully examined the "Phone System Specifications for City Complex" dated March 16, 1995, along with Addendum No. 1 dated April 4, 1995, as well as the premises and the conditions affecting the work, the undersigned proposes to furnish materials and labor for the entire work in accordance with said documents as follows: Base Bid: Furnish and install a network phone system along with appropriate hardware, software, wiring, devices, phones, jacks and any other material necessary as described in the Phone System Specifications dated March 16, 1995 along with Addendum No. 1 dated April 4, 1995. Total Bid $ Itemized costs for the following must also be attached: 2 (Revised) 1. Three types of phones as outlined on page 8. and explained in Addendum No. 1. 2. Operational costs anticipated for the system based on a monthly billing cycle as outlined on page 13. Add/alternate Bid No. !: The additional expense to include integrated voice mail system as described in the speci£ications. Total Bid S Add/alternate Bid No. 2: The network phone system as outlined for the base bid utilizing a PBX system with capability of pooling the roll over lines. Total Bid $ Add/alternate Bid No. 3: The additional expense to incorporate SMDR/RS-232C to track long distance calls. Total Bid $ Provided that the minimum requirements can be met, other alternate bids are welcome and should be attached to this form. Trade-in value of existing phone system at the City Complex. Total Trade-in Value $ PUBLIC ENTITY CRIMES and DRUG FREE WORKPLACE FORMS: Bidders shall complete the attached sworn statement under Section 287.122 (3) (A), Florida Statutes, on Public Entity Crimes and ~he Drug Free Workplace Form and return with the bid. See pages 4 through 7. SCHEDULE: If notified of the acceptance of this proposal within 30 days of the time set for the opening of the bids, contractor agrees to execute a contract for the above work for the above stated compensation. Contract form and content to be approved by the City of Sebastian. Commitment to complete within given notice to proceed. calendar days after 2a (Revised) EXCEPTIONS/CLARIFICATIONS: Please note any exceptions, clarifications, and/or proposed alternates on separate sheet s) of your letterhead and attach to this form. Proposer Name: Company: Title: Address: Telephone: Attachments: YES Signature of Proposer: NO Date 3 (Revised) TABLE OF CONTENTS Notice of Invitation to Bid Proposal Form Public Entity Crimes Form and Drug-Free Workplace Form Phone System Specifications Organizational Chart Existing Conditions Satellite Locations Location Maps 1 2 - 3 4 - 7 8 - 13 14 15 - 17 18 - 20 21 - 22 NOTICE OF INVITATION TO BID SEALED BIDS FOR A FIXED PRICE TO FURNISH AND INSTALL A NETWORK PHONE SYSTEM ALONG WITH APPROPRIATE HARDWARE, SOFTWARE, WIRING, DEVICES, PHONES, JACKS AND ANY OTHER MATERIAL NECESSARY AT THE CITY COMPLEX WILL BE ACCEPTED IN THE OFFICE OF THE CITY CLERK, CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN FL 32958, UNTIL 2:00 P.M. ON TUESDAY, APRIL 11, 1995. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: PHONE SYSTEM THE CITY OF SEBASTIAN IS SOLICITING BIDS TO FURNISH AND INSTALL A NETWORK PHONE SYSTEM ALONG WITH APPROPRIATE HARDWARE, SOFTWARE, WIRING, DEVICES, PHONES, JACKS AND ANY OTHER MATERIAL NECESSARY FOR THE CITY COMPLEX LOCATED AT 1225 MAIN STREET AS NOTED IN THE SPECIFICATIONS. PROSPECTIVE BIDDERS MUST CONTACT THE CITY CLERK'S OFFICE IN PERSON, BY MAIL AT THE ABOVE ADDRESS, OR BY TELEPHONE (407- 589-5330) FOR BIDDING DOCUMENTS AND SPECIFICATIONS. PROSPECTIVE BIDDERS ARE ENCOURAGED TO MAKE A FIELD INVESTIGATION OF THE PREMISES PRIOR TO SUBMITTING THEIR BIDS. MINORITY FIRMS ARE ENCOURAGED TO APPLY. QUESTIONS OR CONCERNS SHOULD BE ADDRESSED TO THE CITY OF SEBASTIAN, BUILDING OFFICIAL, BRUCE COOPER. THERE WILL BE A PRE-BID CONFERENCE TO ADDRESS ANY QUESTIONS ON FRIDAY, MARCH 24~ 1995, AT 10:00 A.M. IN THE CITY MANAGER'S CONFERENCE ROOM. BIDS WILL BE PUBLICLY OPENED AND READ ALOUD AT 2:00 P.M. ON TUESDAY, APRIL 11, 1995 IN THE CITY MANAGER'S CONFERENCE ROOM. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. BY: KATHRYN M. O'HALLORAN CITY CLERK CITY OF SEBASTIAN PUBLISH: VERO BEACH PRESS JOURNAL SATURDAY, MARCH 18, 1995 City of Sebastian 1225 MAIN STREET r-, SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 Proposal Form DATE: TO: RE: MARCH 16, 1995 PROSPECTIVE BIDDERS BID - PHONE SYSTEM Please use this form to respond to the subject bid request. Submit your bid in a sealed envelope marked as follows: PHONE SYSTEM Your response must be submitted to the City Clerk's Office at Sebastian City Hall, 1225 Main Street, Sebastian, FL 32958, no later than 2:00 p.m. on Tuesday, April 11, 1995. Contractor will furnish all labor, supervision, materials~ tools, equipment, permits, licenses, and proof of public liability insurance in order to complete the required installation in accordance with the attached specifications. Having carefully examined the "Phone System Specifications for City Complex" dated March 16, 1995, as well as the premises and the conditions affecting the work, the undersigned proposes to furnish materials and labor for the entire work in accordance with said documents as follows: Base Bid: Furnish and install a network phone system along with appropriate hardware,' software, wiring, devices, phones, jacks and any other material necessary as described in the Phone System Specifications dated March 16, 1995. Total Bid $ Itemized costs for the following must also be attached: Three types of phones as outlined on page 8. Operational costs anticipated for the system based on a monthly billing cycle as outlined on page 13. Add/alternate Bid No. 1.: Phone System Base Bid, noted above, along with an integrated voice mail system, as described in the specifications. Total Bid $ Provided that the minimum requirements can be met, other alternate bids are welcome and should be attached to this form. PUBLIC ENTITY CRIMES and DRUG FREE WORKPLACE FORMS: Bidders shall complete the attached sworn statement 'under Section 287.122 (3) (A), Florida Statutes, on Public Entity Crimes and the Drug Free workplace Form and return with the bid. See pages 4 through 7. SCHEDULE: If notified of the acceptance of this proposal within 30 days of the time set for the opening of the bids, contractor agrees to execute a contract for the above work for the above stated compensation. Contract form and content to be approved by the City of Sebastian. Commitment to complete within given notice to proceed. calendar days after EXCEPT IONS?CLARIFICATIONS: Please note any exceptions, clarifications, and/or proposed alternates on separate sheet (s) of your letterhead and attach to this form. Proposer Name: Company: Address: Telephone: Attachments: YES Signature of Proposer: NO Date Title: PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form PUR. 7069, sworn statement under section 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIM~S, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3) (d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3) (f), Florida StatUtes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR OUOTE OR BID DOCUMENTS. NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR OUOTE OR BID. SWORN STATEMENT UNDER SECTION 287. 133(3)(a), FLORJDA STA ._TUTES, ON PUBLIC ENTRY CRIMES THIS FORM MUST BE SIGNED IN TIlE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract with the City of Sebastian. Florida dated for Residential Refuse Collection Service. This sworn statement is submitted by [mllT~ of emity mbrn~in~ nv~rn na'.,m~ntl Whose busines~ ~dres.s is and (if applieable)'it~ Federal Employer Identification Number ('FEIN) is (If the entity has no FEI2q, include the Social Security Number of thc individual signing this sworn statement: .) My name is named above is ~1~ pdnt rmm~ ofi~dlvld~ml si~axln~] and my relationship to the entity I understand the a 'public entity crime' as defined in Paragraph 287.133(1)(g), ~ means a violation of any state or federal law by a person with respect to and diredtly related to the transaction of business with any public etttity or with an agency or political ~bdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or mater/al misrepresentation. I understamd that "convicted" or "eouvictiou' as defined in Paragraph 257.133(I)Co), ~ means a finding of guilt or a eouvictiou of a public eutity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to eharg~ brought by indictmeut or info,a.fion at~' July 1, 1989, as a result of a jm'7 verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand thai an 'affiliate' ~ defined in paragraph 287. I33(1)(a), Florida ~tat'utesLmean~: I. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the coutrol of any natural person who is active in the management of the entity and who has been co,victed of a public entity crime. The term 'affiiiate' 'includes those offie-~rs directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,, or a pooling of equipment or income among penmns when not for fair market value under an arm's length agreement, shall be a prima facie ~ that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity er/me in Flor/da during the pree~-~ling 36 mouths shall be considered an affillat-'. 7. i undersumd that a 'person' as defined La Paragraph 287. I33(1)(e) Florida Statutes.. means any natural person or entity organized under the laws of any st. ate or of' the United States with the legal power to en~:r APPENDIX Bi into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The t~mm 'person' includ~ those officers, director~, executive, partners, shareholders, employee.% members, a.nd agents who are active in rrmnagement of an enti~. Ba.se~ ou ilaformation and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Plea.se indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, parrners, shareholders, employee.~, members, or agents who ar~ active in management of the entity, nor any affiliate of ~he entity have been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity mabmitting this sworn starcraft, or one or more of the officers, directors, executives, !aar~m"-~rs, shareholders, employee~, members, or agents who are active in management of the entity, or an affiliate of the emity h~ be~n charged with smd convicted of a public entity crime rabsequ.ent to July I, 1989, AND [PI~ indicate whleh additional stalam'nent applies.] The:re has been a proceeding concenxing the conviction before a hearLng officer of the state of Fl'orid~, Division of Administrative He. rings. The HaM order entered by the hearing officer did not place the person or at-Fdiate on the convicted vendor list. ['Please attach a copy of the final order.] The person or affiliate was plan. cci on the convicted vendor list. There has been a subseqtmnt ~r°ceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it wzs in the public interest to remove the person or affiliate from the convicted vendor list. ['Please attach a copy of the final order.] The person or affiliate has not be~a placed on the convicted Vendor list. [l:qease describe any actio--~ taken by or pending with the Department of General Services.] Date: [sig~amre] STATE OF cOLrNTT' OF PERSONALLY APPEAR.ED BEFORE ME, the undersig,aed authority, who, after first being sworn by me, affixed Ms/her signature [name of individual sigmmg] in the space provided above on this day of , 1992. NOTARY PUBLiC My commission expires: DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for ~iolations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, participation in a rehabilitation program employee's community, ~onvicted. or require the satisfactory drug abuse assistance or if such is available in the by any employee who is so Make a good faith effort to continue to maintain a drug- free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: Bidder's Signature PHONE SYSTEM FOR CITY FACILITIES PART 1 - GENERAL 1.01 SUMMARY Work Included: Furnish and install a network phone system along with appropriate hardware, softwarer wiring, devices, phones, jacks and any other material necessary. City facilities at locations A through E identified on the attached map (page 21) are to have a common phone system which must allow for pre-programed dialing to other city locations or frequently used numbers. System must provide for intercom, and transfer ability for incoming calls among locations A through E. The summary of existing conditions for all City facilities is included on pages 15 through 20. B. Requirements: 1. Phone line capacity Proposed system must have immediate capacity of 40 phone lines with future expansion to 60 phone lines. Immediate need for 31 phone lines as outlined on the attached organizational chart (page 14). Capability of utilizing an integrated voice mail system. 3. System to accommodate three types of phones. a. The basic phone for low usage areas. The intermediate phone for frequent use areas. The communzcation cen~ter phone for a centralized answering position within each department. vendor should itemize the cost of.each type phone and list its specific features. The accompanying attachments outline the existing phones in the City buildings, vendor to recommend appropriate phone selections for each department. 1.02 1.03 1.04 Add/alternate bid to include integrated voice mail system utilizing two (2) ports with four (4) port expansion capability. Contractor to identify memory storage and programming capabilities. Provided that the minimum requirements can be met, bidder is encouraged to submit other alternate bids. SUBMITTALS Contractor shall submi't specifications and schematics for the system, including all hardware and software. Details shall be included, for all features plus any optional features which are also available. Information shall be provided regarding the ability to expand any proponent of the phone system, as necessary, to include additional extensions, lines and satellite locations. Contractor must submit total expansion capabilities for the new system, i.e., direct lines, extensions, etc. Following the bid opening, vendor may be asked to offer a verbal presentation of their system to staff and address any questions or concerns. QUALITY ASSURANCE A. Provide years in service with the proposed system. B. Provide availability of local service. Provide maintenance response time in minutes. D. Provide a list of existing companies utilizing the proposed phone, system. WARRANTIES The contractor shall provide detailed information regarding product and service warranties in relation to their proposed phone system. Proof of public liability insurance shall also be provided. Provide specific warranty information regarding lightning protection. 1.05 INSPECTIONS Ail bidders are encouraged to inspect the existing phone system at all city facilities prior to submission of bid. PART 2 - PRODUCTS 2.01 MATERIALS Network phone system to provide services utilizing current technology. System must have the ability to interface with PC's utilizing internal modems, fax and other current technology. Battery Backup - No loss of features (memory on system). Minimum of six hours. Bidders must provide a list of system and station features that they recommend and provide a cost breakdown for the different items. At a minimum, bidders must indicate whether or not the following features are available with any of the proposed equipment: YES NO SYSTEM FEATURES A-Lead Indication Attendant Consoles Attendant Dedicated Intercom Attendant Override Automatic Hole Automatic Line Select Automatic Pause Insertion Automatic Privacy Background Music Battery Back-up (Memory) Battery Back-up (System) Call Forward-Preset Central Office Line Class of Service Central Office Groups Central Office Ring Detect Timer Dial Pulse Sending Dial Pulse to Tone Switchover Direct Inward System Access (DISA) DTMF Sending Emergency Transfer Executive/Secretary Transfer Flash On Central Office Lines Hold Preference Intercom Calls 10 NO SYSTEM FEATURES YES YES Lease Cost Routing Loud Bell Control Meet Me Page Music on Hold Night Service-Ringing On Line Programming Page Access Restriction Paging-External Paging-Internal Pause Timer PBX Dialing Codes Phone Box Pooled Group Button Real Time Clock Recall Timers Remote Programming Single Line Telephone Compatible SMDR/RS-232C Output System Hold System Speed Dial Setting System Time and Date Uniform Call Distribution Universal Night Answer STATION FEATURES Account Codes for SDMR Calling Station Indication Call Back Call Forward-Station Call Park Call Transfer Camp On-Call Wait Central Office Line Access Central Office Line Queuing Central office Ring Assignment Conference-Internal/External Dialing Privileges-Toll Restriction Direct Station Selection Directed Call Pickup Do Not Disturb Exclusive Hold Flexible Button Assignment Group Call Pickup Handset Cords Standard Head Set Compatible Hot Key Pad Intercom Signaling Selec[~or Last Number Redial Loop Button Message Waiting/Reminder Tone Mute ll NO STATION FEATURES YES On Hook Dialing Off Hook Signs.ling Preferred bi, ne Answer Private Line Save Number Redial Speakerphone Station Class of Service Station Speed Dial Unsupervised Conference "Volume Controls wall Mounting Kits 2.02 EXISTING SYSTEMS A. Contractor may utilize existing wiring, where feasible, to implement the new phone system. Existing phone systems at Police Department Building Location F (AT & T Legend) and Golf Course Building Location O (Merlin System), are not to be changed. Data provided on these locations is for informational purposes only. PART 3 - EXECUTION 3.01 PERFORMANCE BOND Following notification of acceptance of submitted bid by the City of Sebastian, contractor must provide the City with a performance bond or other acceptable surety bond in the amount of the bid, .prior to commencement of work. 3.02 INSTALLATION Contractor must coordinate installation of the network phone system to minimize the disruption of existing services. Vendor must provide training to accommodate complete system. 12 PART 4 - OPERATION AND MAINTENANCE 4.01 OPERATIONAL COSTS AND MAINTENANCE AGREEMENTS Contractor must submit al/ operational costs anticipated for their system based on a monthly billing. Contractor must submit any extended warranties and proposed maintenance agreements. 13 ORGANIZATIONAL CHART Proposed Line Requirements CITY MANAGER 2 Phone lines 1 Rollover line Total 3 CITY CLERK 2 Phone lines 1 SunCom line 1 Fax line 1 Phone modem line 4 Rollover lines Total 9 FINANCE DEPARTMENT 2 Phone lines 2 Phone modem lines 1 Rollover lines Total HUMAN RESOURCES 1 Phone line 0 Rollover line Total 1 PUBLIC WORKS/ENGINEERING COMMUNITY DEVELOPMENT 3 Phone lines 1 Phone modem line 3 Rollover line Total BUILDING MAINTENANCE 1 Phone line 0 Rotlover line Total PROPOSED COUNCIL CHAMBERS 1 Phone line 0 Rollover line Total 1 CITY COUNCIL CHAMBERS 1 Phone line 0 Rollover lines Total 1 Phone lines 1 Phone modem line 1 Rollover lines Total SUMMARY OF LINES REQUIRED 14'Phone lines 5 Phone modem lines 1 Fax line 1 SunCom line 10 Rollover lines Tota 1 31 14 EXISTING CONDITIONS BUILDING A - CITY HALL City Clerk's Office Lines: 1 One Main Line 4 Four Roll Over Lines 1) One Fax line 1) One SunCom Line 589-5330 589-5336 589-5417 589-5463 589-5541 589-5570 221-5412 Extensions: (8) Eight Equipment: (1 One Switchboard-70 Button (Horizon System) (4) Four Multi-line (3) Three Standard City Manager's Office (includes Human Resources) Lines: (1) One Private Line Extensions: (5) Five Equipment: private (2) Two Mu/ti-line (2) Two Standard (1) One Standard with Speaker Finance Department Lines: (2) Two Phone Modems Extensions: (7) Seven 388-5141 589-7624 Equipment: (1) One Multi-line (4) Four Standard (2) Two Standard with Speaker Management Lines: (1) One Direct Line Equipment: (1) One Standard Bid Summary: Not to be included. 589-0128 15 EXISTING CONDITIONS Future Expansion of Second Floor Future: Unknown Needs Bid Summary: Not to be included. BUILDING B - ENGINEERING PUBLIC WORKS Public Works/Enqineering Lines: (1) One Direct Line Extensions: (7) Seven Equipment: (1) One Multi-line (6) Six Standard 589-5490 City Council Chambers Lines: None Extensions: (1) One Equipment: (1) One Standard BUILDING C - COMMUNITY DEVELOPMENT Community Development Lines: (2) Two Direct Lines (1) One Phone Modem Extensions: (10) Ten Equipment: 589-5518 589-5537 589-2566 (4) Four Multi-line (8) Eight Standard (1) One Standard with Speaker 16 EXISTING CONDITIONS BUILDING D - BUILDING MAINTENANCE Buildinq Maintenance Lines: None Extensions: Equipment: (1) One (1) One. Standard BUILDING E - PROPOSED NEW CITY COUNCIL CHAMBERS Council Chambers Future: (1) One Extension (1) One Standard Phone 17 SATELLITE LOCATIONS (Informational only - not to be included in bid) Police Department (Location F~ - Existing AT & T Legend Lines: (4 Four Direct Lines 3) Three Private Lines 1) One SunCom Line 1) One 911 Ring Down 1) One Fax Line 589-5233 589-5251 589-6462 589-7182 private 221-5233 589-4600 589-2207 1 One Phone Modem Line unknown Extensions: (26) Twenty-Six Equipment: (1) One Base Console (6) Six Multi-line (20) Twenty Standard Police Annex (Location G) Lines: (1) One Direct Line Extensions: None Equipment: (1) One Standard 589-7212 Garac~ (Location H__) 100 Veterans Memorial Way Lines: (1) One Direct Line (1) One Phone Modem Extensions: None Equipment: (4) Four Standard 589-1295 589-6880 18 SATELLITE LOCAT[ONS (Informational only - not to be included in bid) Public Works Compound (Location I~ Veterans Memorial Way Lines: (1) One Direct Line Extensions: None Equipment: (2) Two Standard 589-5338 Sign Shop (Location J) 1130 Louisiana Avenue Lines: (1) One Direct Line Extensions: None Equipment: (1) One Standard 388-3339 ~irport (Location K) 299 Airport Drive, East Lines: (1) One Direct Line Extensions: None Equipment: (1) One Standard 388-0863 Utilities p~partment (Location L) 700 Main Street Lines: (2) Two Direct Lines (1) FAX Line Extensions: None Equipment: (3) Three Multi-line (1) One Standard 388-5325 388-5357 388-5536 19 SATELLITE LOCATIONS (Informational only - not to be included in bid) Water Plant (Location M) 170 Filbert Street Lines: (1) One Direct Line Extensions: None Equipment: (1) One Standard 589-0340 Waste Water Plant (Location N) 810 Bailey Drive Lines: (1) One Direct Line Extensions: None Equipment: (1) One Standard 589-1933 Golf Course (Existinq Merlin S3stem) (Location 101 Airport Road, East Lines: (2 Two Direct Lines (1 (1 (1 (3 One Modem (Credit Card) One Modem (Computer) One Tee-Time Three Roll Over Tee-Time 589-5708 589-6801 unknown unknown 589-6800 unknown Extensions: None Equipment: (6) Six Multi-line Cemetery (Location P) 1921 North Central Avenue Lines: (1) One Direct Line Extensions: None Equipment: (1) One Standard 589-2545 2O ! II II ,,~ :: I II II II I il 21 ITTLF. i, LYWOOD ._.,%P)T A' / z_ / "F ~" I© PELIC^t,I pOH',,I T BID TABULATION PHONE SYSTEM FOR CITY COMPLEX Bids due by April 24, 1995, 2:00 p.m. Base Bid (See attached detail) Adjustment after clarifications Bel 1 South 27,083.33 Mactel A T & T Rolm 29,418.20 29,418.20 35,241.93 35,241.-93 37,788.00 37,788.00 Add/alternate Bid 1 (See attached detail) 8,485.00 7,080.40 44,301.93 9,007.00 Adjustment after clarifications 6,109.20 5,698.00 9,060.00 9,007.00 A~d/alternate Bid 2 (See attached detail) 27,675.25 29,418.20 See Exceptions 37,788.00 Add/alternate Bid 3 495.00 (See attached detail) included 47,080.93 2,195.00 Adjustment after clarifications 495.00 included 2,779.00 2,195.00 Trade In Value 2,000.00 No other bids were received. BID DESCRIPTION SUMmarilY Base Bid: Furnish and install a network phone system along with appropriate hardware, software, wiring, devices, phones, jacks and any other material necessary as described in the Phone System Specifications dated March 16, 1995 along with Addendum No. 1 dated April 4, 1995. Add/alternate Bid No. l: The additional expense to include integrated voice mail system as described in the specifications. Add/alternate Bid No. 2: The network phone system as outlined for the base bid utilizing a PBX system with capability of pooling the roll over lines. Add/alternate Bid No. 3: The additional expense to incorporate SMDR?RS-232C to track long distance calls. Trade-in value of existing phone system at the City Complex. BID CLARIFICATIONS Base Bid Bell South had a typographical error on their submittal sheet. Staff has verified the correct number using the bidder's itemized back-up material, and Bell South agrees with this correction. Add/alternate Bid 1 Bell South assumed that the voice mail system was an option that might be added at a later date. Therefore, they did not discount this item on the submittal sheet. If the voice mail is purchased at the time of the new system, a 28% discount will be allowed. Their bid has been adjusted to reflect this discount. Mactel discovered an error in their calculations for this item. The IDC 8 Port DID Trunk Card ($1,382.40) was listed as part of the basic system price, and added again as part of the voice mail system. Staff has verified this using the bidder's itemized backup material and made the correction as they requested. A T & T added the price of their voice mail system to the base bid price. Staff has adjusted the bid to reflect only the cost of the voice mail system. Add/alternate Bid 3 A T & T ~dded the price to provide a long distance tracking system to their base bid plus voice mail. Staff has adjusted the bid to reflect only the cost of the long distance tracking. BELLSOUTH (~ Busine.~s Sy.~ems BellSoufll Buei~es~ SVSIBms. lite. Si.to 400 701 Nort"hpoim ParKway West Palm I~each. ,CL ~407 Mr. Bruce Cooper City of Sebastian 1225 Main Street Sebastian, FL 32978 Dear Mr. Cooper; June 19, 1995 Based on our various bid clarification meetings, this letter is confirmation that we agree to provide service based on our Basic Bid option 1 as follows: Basic Bid Price .$27,083.33 I T-1 Card Upgrade 591.92 (when installed during initial cutover) SMDR for LD Tracking $ 495.00 Voice Mail ~ · TOTAL $34,279.45 * This price was shown higher on original bid due to the assumption that it would not be installed with initial system installation. Attached, you wilt find a comprehensive list of features that are included with the basic system pdce. This includes the ability for remote access to the system. The modem necessary to access your system remotely is included with the basic system at no extra charge. This must be connected to a telephone line in order to dial into the system. This can be a new or exisiting line. We know that this configuration coupled with BellSouth's service and maintenance expertise will serve the City of Sebastian for years to come. BellSouth offers you the knowledge and.expertise of a systems integrator combined with the power and influence of a world leader in telecommunications. As as BellSouth customer, you benefit from an unbeatable combination: personalized attention from an intensely focused group of professionals and a firmly established operational support structure. We look forward to attending your Commission meeting on June 28th. Please let us know if you need more information or if we can be of further service to you. I Sincerely, Senior Account Exe~tive cc: Peg Walters - .... /."~L.4-__ JoAnn Williams Systems Designer II CPE Specialist FROM W.F.~C~ ~Cl ~AL/$ PO03 Norstar Features NORSTAR FEATURES AND BENEFITS ° Accidental D~sconnect Answer Groups · Autodial.buttons I Automatic Handsfree Automatic Hold . Automatic Incoming Line Selection I · Automatic Set Relocation · Auxiliary Ringing · Background Music ° Button Inquiry · Callback · Call Duration Timer Call Forward (all calls) I Call Forward (on busy) · Call Forward (no answer) · Call Forwar.d. (override) I · Call Park (wath callback) Call Queuing Call Transfer Call Waiting Camp On Central Answering Position (C_A.P) Centrex Transparency I · Class of S. ervice · Compression of Feature Codes I · Conferencing (g-party) · ConsultatiOn Hold · Contrast Adjustments I · Date and Time ° Delayed Ring Transfer to Prime I · Dialing Modes · Dialpad Feedback · Dial "0" Sets (up to 5) I · Dial Mode for Lines - Pulse/Tone '~i: Dial Sets (up to 5) I ........ BellSouth Commun'~.ation Systems A BELLSOUTH Company I Direct Inward D~aling (DID) - see target lines DISA Disconnect Supervision ~D~cnminating Ring Cadences /otstinctiv.e Ringing Do Not Dtsturb (See "Make Busy - Do Not Disturb") Emergency Transfer - Power Failure cut through Exclusi. ve Hold Executive Busy Override / Priority Call Extensmn Keys (See Simplified Dialing) Flexible Call Restrictions and Overrides Flexible Numbering Plan Group Listening Hands~ee Answerback Handsfree / Mute Capability Headset · Hearing Aid Compatibility - Held Line Reminder · Hofline I-Hold / U-Hold Indication Installer Password Intercom Key .Assignme.nt . Language Choice (Enghsh/Spamsh) Last Number ,.R. ediaI Line Pool Multtple Line Pool Busy Listen on Hold Long Tones Manual Line Selection Memory Buttons Message Waiting / Reply Moving Line Buttons Music / Tone / Silence on Hold Night Service (Flexible) Service Modes On Hook Dialing Page Origination and Reception Pause PBX / Centrex Reach Through BellSoUth C~mmunicalion -~ystam~s A BF_d. LSOUTH Company. Norstar Features UU .LO .~..J U,J..~./., ,-.L¥1 .7.~.g/lYJ. H, ~, DL,.Lt ~L,.~ ~,,'~..L,,~ IUU~ ~ Nor$~ar Feature~.s i Pre-Selection/Call Screening Prime Line i Prime Phone · Priority Call · Privacy I · Privacy / Non-Privacy · Private Lines · Programmed Release I · Release · Remote Access I · Restriction Override Passwords (Multiple) · Ring Again :Run/Stop I Saved Number Redial · Selective Call Forward · Selective Line Redirection · Send Message · Simplified Access · Simplified Dialing · Speed Dial (Personal & System) · Target Lines · Telephone Admixt Lock ~ Timed Release I Trunk Answer From Any Station · Voice cCa~ · Voice Deny i · Volume Control Bar · Class Features I - Calling Number Display ~ Calling Name Display - Message Waiting Indication - Caller Log 'aetl~ooth Commun~.:ai~on Sy$~e~ A BELLSOUTH Company City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (40'7) 589-5330 [] FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: ORDINANCE NO. O-95-03 REVISED RBSIDENTIAL PARKING REGULATIONS DEPT. ORIGIN: DA~ S~TTED: 6/22/95 ~ET~G DA~: ~28/95 APPROVED FOR SUBMITTAL: City Manager · EXHIBITS: .0-95-03 Expenditure Required: N/A Amount Budgeted: N/A Appropriation Required: N/A SUMMARY STATEMENT City Council, at its June 14, 1995 Regular Meeting, concurred with a request from the City Attorney to defer action on Ordinance No. 0-95-03 for further review. This ordinance language has been reviewed in several different formats since December of 1993. : : The final format is presented for your review. RECOMMENDATION If City Council concurs with amended language, move to approve on fzrst reading and set the public hearing for July 26, 1995. I 06-22-95 i!:OiA ! POTTER, MCCLELLAND TO SEBASTIAN CITY P06 IORDINANCE NO. 0-95-03 IAN ORDINANCE OF THE CITY COUNCIL OF THE CITY _- .~.~e~rzw FLORIDA, A~ENDING TH~ CODE OF DISTRICTS AND ON ~T~ ' PROVIDING DEFINITIONS, SETTING PENALTIES FOR I ~wmTNG FOR $=u~=~ ? PROVIDING FOR ~ ....... ' .... '" ~OR CONFLICTS AND CODIFICATION, PRO¥~u~ ' ' PROVIDING FOR AN EFFECTIVE DATE. i WH~RE~S, =he City Council of the city of Sebastian, Florida, I desire~ to restrict parking in regimen=iai ~i~rict~ and on s=ree~ rich=s-of-way of =he City; and I WHEREkS, the City Council of =he City of sebastian, Florida, i believes that l= is in =he bee= in=erests of ~he health,, eatery, and general welfare of the communitY =o so restrict parking. I NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TF~ CITY OF S~BASTIAN, FLORIDA, THAT: I ~ The Code of ordinances, city of ~ebas=ian, Florida, is hereby amended by adding a sec=ion to be numbered I which shall read as follows: parking in Residential Districts and on Street Rights-of-waY I 1. As used in this Sec=ion ~ , the term ,,Vehicle" means any automobile, truck, or ot~er vehicle designed for operation on I ~tree=s or roads, but not including: a) Recreational vehicles as defined in §20A-5.16 I b) Road nrac=or, semi-=railer, or heavy equipment as ~efined in §20A-5.16.1 1 POTTER, MCCLELLAND TO SEBASTIAN CITY c) Motorcycles, mopeds, bicycles, lawn tractors, golf carts, road rollers, or vehicles which run only upon a track 2. For purposes of =his sec=ion, a vehicle shall be considered to be parked if i= is stopped o=her~han for =he purpose of and while actually engaged in loading or unloading merchandise or passengers. 3. No vehicle may be parked on any lot in any residential district except in an enclosed structure, unless said vehicle is licensed, registered, and insured. 4. No vehicle displaying a "for sale" sign may be parked on any street righ=-cf-way. 5. No truck or van with a carryin~"'caPaCl=y cf over 3/4 =on shall be parked on any s~reet righ=-of-way. 6. Any vehicle parked on any sires= righ~-of-way~ ~ which is no% removed within 48 hours after a notice requiring removal has been posted on the vehicle by the City will be towed at =he owner's expense. 7. Any violation of this Section shall be a civil infraction, subject to a maximum civil penalty of ($100.00), or a civil ~ena!=Y of $50.00 if t_he person commi=cing the civil infraction does no= contest =he citation. ~ I= is t~e inten~ion of the City council of =he citY of sebastian, Florida, that ~he provisions of this Ordinance shall become an~ be made a par= of =he code of ordinances of the City of sebastian, Florida, and that =he sec=ions of =his Ordinance may be renumbere~, relet=ered, and the word ,,ordinance" may be 0 -2£-95 ii:04. FRO POTTER, MCCLELLAND TO SEBASTIAN CITY changed to ,,~ec=ion", ,,Article", or such ocher wor~ or phrase ~n order to accomplish such intention. ~ All other ordinances or parts of Ordxnance$, Resolutions or par~s of Resolutions in conflict herewith are hereby repealed =o the extent of such ~ If any clause, sec=ion, or ocher part or application of this ordinance shall be held by any court of competent jurisdiction to be unoonstitu=ional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting =he validity of the remaining portions or applications, which shall remain in full force and Sc_~q~j~_~ This Or=inance shall become effective thirty (30) days after its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON 1995. FIRST READING, THIS DAY OF PASSED AND ADOPTED BY T--~-CITY COUNCIL O~ THIS C~Y OF SE'~STIAN, FLORIDA, ON SECOND AND FINAL READING, THIS ____ DAY OF , 1995. T~e foregoing Ordinance Councilmember by CoUnoilmember __ .. into a vote, the vote was as follows.: Mayor Ar=hut L. Fir=ion Vice Mayor Carolyn corum councilmember Norms J- Damp Councilmember Ray Halloran COuncilmember Louise R. C&rtwright was moved for adoption by The motion was seconded and, upon ~eing put 06-22-95 li'04A~ FR0~ POTTEE, MCCLELLAND TO SEBASTIAN CITY The Mayor thereupon declared this Ordinance duly pas~ed and adopted ~hi~ ~ ~ay of __, 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: (seal) Approved as =o Form and Con~en=: By: Arthur L. Firti~n, Mayor city A=~orneY 4 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: F.O.P.- COLLECTIVE BARGAINING AGREEMENT APPROVED FOR SUBMITTAL BY: City Manager: AGENDA NO. Dept. Origin...~RlMAN RESOURCE~ Date Submitted 06/21/95 For Agenda Of 06/28/95 Exhibits:RESOLUTION NO, R-95-37 EXHIBIT"A"- ADDEND~ ~0NTP~ACT BETWEEN THE CITY .~ SEBASTIAN AND THE FRATERNAL ORDER OF POLICE EXPENDITURE REQUIRED: $7,382 AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: YES SIIMMARY STATEM~N~T Attached is the addendum to the Collective Bargaining Agreement between the City of Sebastian and the Fraternal Order of Police for the period of October 1, 1994 to September 30, 1995. This deals with the third year of a three year contract providing for the re- opening of up to three (3) articles and wages. ~.~g~QMHENDED ACTION MOve %O approve the addendum to the Collective Bargaining Agreement and adopt Resolution R-95-37 authorizing the City Manager to approve the addendum to this contract. doc: agenda RESOLLVPION NO. R-95-37 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEME/XTP BETWEEN THE CITY OF SEBASTIA/~ AND THE FRATERNAL ORDER OF POLl CE, FOR THE THIRD YEAR OF A THREE YEAR CONTRACT FROM 10/01/94 THI{OUGH A/gD INCLUDING 9/30/95; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERAB!LITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fraternal Order of Police is certified by uhe Ftcrida Public Employees Relations Commission (Certification 857) as the bargaining unit for certain City employees; and WHEREAS, the referenced Agreemen~ commenced on October 1, 1992 and runs through September 30, 1995; and WHEREAS, during %he third year of the Agreement additional articles and wages may be reopened a% 5he mutual agreement of both par%les; and WHEREAS, the City and 5he FraLernal Order of Police have negotiated wages and o%her ar[icles to be effective during the third year of the referenced Agreement; and WHEREAS, the City and the Fraternal Order of Police have reached ten%a5ive agreement on the amendments to said contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Fiori.da, as follows: SECTION 1. The document entitled "Addendum to Contract be%ween City of Sebastian, Indian River County, Florida and the Florida S~ate Lodge, Fra5ernal Order of Police for the contrac5 commencing October 1, 1992 a~5ached hereto and made a part hereof as Schedule "A" is hereby adopted, effective October 1, 1994. SECTION 2. CONFLICT. All resolutions or parts of resolu%ions in conflict herewith are hereby repealed. SECTION 3. SEVERAB!LITY. In 5he event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Pirtion Vice.Mayor Carolyn Corum Council member Louise Car%wright Council member Norma Damp Council member Raymond J. Halloran The Mayor thereupon declared this Resolution duly passed and a~epted ~his day of , 1995. ATTEST: Kathryn M. O'Hal!oran, CMC/AAE Approved as to Form and Content: Clifton McCielland, City Attorney ~' OF , ~t SEBASTIAN FLORIDA BY: Arthur L. Firtion, Mayor EXHIBIT "A" FRATERNAL ORDER OF POLICE - CHANGES IN THIRD YEAR CONTRACT Article 5 - FOP Representation Summary: Add new Section 3 which allows no more than two FOP representatives to participate with pay in the negotiations process. "Section 3. The City agrees to allow no more than two Representatives of the FOP who are on duty at the time negotiations take place between the City and the FOP, time awa~ from their regular duties/shift assignments without loss of wages or benefits, as long as it does not create a manpower/shift shortage. This will be done with the knowledge and permission of the Department Head or his designee." Article 9 - Employee/Management Committee Summary: Clarif~ dates/times of Committee. "Section 2. The Employee~Management Committee shall meet ever~ third month and on the same da~s of each month, (ie. January, April, Jul~ and October, on the second Tuesday at 10:00 a.m.)" "Section 3. The Employee/Management Committee will allow guests/outsiders onl~ if mutually agreed upon by all parties." "Section 4. The Employee/Management Committee shall exchange agendas at least one week prior to the scheduled meeting dates." "Section 5. The function of this committee will be to discuss general matters pertaining to employee relations and department operations. At no time will this committee discuss terms and conditions of employment or attempt to resolve contract grievance disputes." Article 18 Hours of Work and Overtime Summary: An~ earned comp. time will be paid out in the last pa~ da~ of the fiscal ~ear it is earned. Add last sentence to paragraph D. "(D)... Compensatory time, if not taken within the fiscal ~ear earned, will be paid out during the last pay period in September." Article 22 - Miscellaneous Paid Leave - Section 5 Personal Leave -' ary: Withdrawn. Stays the same as current contract language. Article 27 - Promotions Summaz-y: Abolished a Senior Investigator position and'changed it to a Sergeant position. Add a paragraph to Section 1,A "(A) .... Effective October 1, 1994, the position of Senior Investigator will be abolished and a Sergeant position will be created, following the promotional procedures as outlined in this Article." Article 29 - Wages Summary: Changed. "8. Ail permanent employees covered under the Fraternal Order of Police collective bargaining agreement as of 10/01/94 shall receive a 2% lump sum bonus for gross wages (straight time plus overtime) paid during the period of 10/01/94 to 5/05/95." Article 32 - Terms of the Agreement Summary: Add local FOP Representatives name to last page.