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HomeMy WebLinkAbout09231992 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: 1992 "PRIDE IN SEBASTIAN" AWARDS FOR PROPERTY REHABILITATION AND ADAPTIVE RE-USE Approved For Submittal By: ) City Manage r~ ) ) ) Agenda Number: ) ) Dept. Origin: Community Development ( Date Submitted: For Agenda Of: Exhibits: 1. 2. 09/23/92 13 Recipient Invitations Photographic Awards EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian Planning and Zoning Commission voted to create a Planning and Development Award issued by the City of Sebastian. A decision was made administratively to name the award the "Pride in Sebastian" Award to be issued in honor of deserving residents and business persons within the City for their efforts to beautify the City through careful property design and development. Several "Pride in Sebastian" Planning Award categories are being considered. 1. Planning and Zoning chose, for the initial presentation, to commend persons who have made considerable advances toward property improvements through redesign and structural upgrades. Most of the 13 facilities, represented herein, were earlier presented to Planning and Zoning for site plan review and were met with favorable response. 2. Future awards are expected to commend other site rehabilitations, as well as new construction and regularly maintained existing properties. Page 6 RECOMMENDED ACTION Present the first "Pride in Sebastian" Awards to the following recipients: Dr. & Mrs. James E. Melrose, M.D. Bamma Lawson House Sebastian Inlet Marina & Trading Company (Captain Hiram's) 1606 Indian River Drive Sebastian Animal Hospital & Bird Clinic 948 U.S. Highway One Ms. Shelly M. Anderson 1840 Barber Street Mr. Dan Preuss Dan Preuss Realty - 936 Building Mr. & Mrs. Fred Reeves, Jr. Sebastian Interiors Mr. Edward Karr Karr's Kwik Lube Mr. Chuck Ellis & Ms. Lois Kennedy State Farm Insurance Agency & Century 21 - Realty King Mr. Dell o'Quist Del's Barber Shop 10. Mr. Gregory Gore, Attorney 709 Washington Place Mr. & Mrs. James Woodworth Woody's Print Shop 12. Mr. & Mrs. Kenneth Chapin Sebastian Seafood Market 13. Mr. & Mrs. Orlando Adan Dr. Pamela Adan, Chiropractor ORDIN]LNCE NO. 0-92-3.6 /~N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ' SEBASTIAN, INDIgeN RIVER COUNTY, FLORIDA, AMENDING VARIOUS SECTIONS OF CHAPTER 27 OF THE CODE OF ORDINANCES, RELATING TO "UTILITIES" BY AMENDING DEFINITIONS; AMENDING SECTION 27-5 RELATING TO OPERATING ANDTESTING; CREATING REQUIREMENT FOR SERVICE AVAILABILITY POLICY; CREATING GUIDELINES FOR DESIGNING SERVICE AVAILABILITY POLICY; CRE~TING PROCEDURE FOR IMPUTING CONTRIBUTIONS-IN-AID- OF-CONSTRUCTION; CREATING SECTION 27-10 RELATED TO APPLICATIONS; PROVIDING SEVERABILiTY CLAUSE; PROVIDING FOR CONFLICTS; PROVIDING FOR ATTORNEYS' FEES; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVERCOUNTY, FLORIDA, as follows: Section 1. The City Council of the City of Sebastian hereby makes the following findings of fact and makes the following declarations of intent: (1) The Florida Constitution in Article VIII, Section 2(b), grants unto cities all governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and authorizes cities to exercise any power for municipal purposes except as otherwise provided by law. (2) Pursuant to Chapter 166, Florida Statutes (the "Municipal Home Rule Powers Act"), the Florida Legislature in turn extended to cities the exercise of powers for municipal governmental, corporate, or proprietary purposes not expressly prohibited by the Constitution, general or special law, or county charter and removed any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those expressly prohibited. (3) The City has previously invoked the Municipal Home Rule Powers Act through the adoption of its Home Rule Charter and numerous ordinances. (4) The City's. Home Rule Charter grants it all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. (5) Pursuant to its ~ome Rule Powers, the City has previously adopted Chapter 27 of the Code of Ordinances of the City of Sebastian for the regulation of franchised water and sewer utilities within the City. (6) As currently enacted and amended, Chapter 27 of the Code has become outdated and does not address issues which have been discovered and analyzed since its adoption. (7) The City finds that the current Chapter 27 of the Code lacks any sufficient mechanism or guidelines for the approval of adequate service availability policies. (8) Adopting guidelines for the approval of service availability policies can accomplish many beneficial objectives, including preserving reasonable rates for utility services, preventing cash-flow crisis resulting from insufficient income to cover expenses, creating incentive for the owners to efficiently and effectively manage the utility company, and properly allocating the risk of potential nondevelopment of new service areas. (9) Utilities with excessive amounts of contributions-in-aid-of-construction ("CIAC") can experience a cash-flow crisis with no income to cover increased expenses, leading to inadequate and unsafe operation and maintenance. (10) Utilities controlled by development companies can also manipulate lot sales contracts and developer agreements to unreasonably and unfairly inflate the rate base, thereby causing rates to be unjust, unfair, and inequitable. (ll) Since CIAC is by its nature compelled to be contributed by the customers, there is a substantial public interest in providing guidelines for the approval of just, fair, and equitable service availability policies justifying substantial public scrutiny. (12) Since service availability policies are intertwined with all rates of a given utility, the City finds it to be in the best interests of the public health, safety, and welfare to address and regulate appropriate levels of CIAC during all future rate cases or proceedings of any utility regulated by the City. (13) The City also finds it to be in the best interests of the public health, safety, and welfare to encourage a fair and proper balance between the utility -- 3 -- owner's invested capital and compelled CIAC so that all rates are just, fair, and equitable. (14) Prior determinations or reported levels of the rate base or CIAC are hereby found to be non-binding on future rate case decisions of the City. (15) The City also declares its intent to implement this ordinance in a manner such that a utility's rate of return is not impaired. (16) Because of the additional work effort which will be involved for the City in order to review and process rate applications for utilities, the City has determined to adopt an application fee to defray the estimated costs of said review and processing. (17) The City has scheduled and conducted the necessary public hearings and received testimony and other competent and substantial evidence to support its actions and the findings set forth herein. (18) The City hereby declares its intent that this ordinance be liberally construed to effect its purposes and to provide for just, fair, and equitable rates to consumers. (19) In the franchises it has previously granted, the city has reserved the right to fix utility rates which are just, reasonable, compensatory, and not unfairly discriminatory. - 4 - (20) Section 27-20(b) of the Code also provides that the issuance of any franchise shall be further subject to all applicable City regulations. Section2. That Section 27-1 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 27-1. Definitions. [As used herein, the following words and phrases shall have the meanings respectively ascribed to them:] City refers to the City of Sebastian, Florida. Franchise means a contract with the City by which the utility is licensed to conduct a particular business within a particular area for a given period of time. Service Availability Policy refers to a policy which sets forth a uniform method of determining the system capacity charge or other charges to be paid and conditions to be met by applicants for service in order to obtain water and sewer service. Utility means water or sewer utilities serving subdivision, apartment and housing complexes, condominium, mobile home or trailer parks, industrial complexes, shopping center and similar systems. "Utility" includes wells, pumps, tanks, treatment facilities, distribution systems, water meters, disposal facilities, force mains, pump stations, collection systems, service lines and pipes, real estate and easements necessary to such systems and includes every -- 5 person, corporation, lessee, trustee, or receiver owning, operating, managing or controlling a utility systems or proposing construction of a system or who is providing or proposes to provide water or sewer service to the public." Section 3. That Section 27-5 of the Code of Ordinances, City of Sebastian, Florida, is amended to read as follows: "Section 27-5. Operating and testing in accordance with agency rules and regulations. Upon completion of the initial portion of the utility plant, the applicant shall be responsible for the operation and regular testing of the utility in accordance with the rules and regulations of all agencies having jurisdiction, including without limitation the City of Sebastian." Section ~. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section to be numbered Section 27-7, which said section shall read as follows: "Sec. 27-7. Applicability. (a) All utilities within the jurisdiction of the City of Sebastian must develop a service availability policy. (b) The provisions of Section 27-7 through 27-9 shall apply to any utility that on or after September 2, 1992, (i) files or applies for a change to any of its rates or charges or (ii) when the Council of the City of -- 6 -- Sebastian, Florida, initiates a show cause proceeding to require the utility to adopt or change a service availability policy or charges." Section 5. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section to be numbered Section 27-8, which said section shall read as follows: · "Sec. 27-8. Guidelines for designing service availability policy. (a) A utillty's service availability policy shall be designed in accordance with the following quidelines: (1) The maximum amount of contribution- in-aid-of-construction, net of amortization, should not exceed seventy-five percent (75%) of the total original cost, net of accumulate depreciation, of the utility's facilities and plan when the facilities and plant are at their designed capacity; and (2) The minimum amount of contributions- in-aid-of-construction should not be less than the percentage of such facilities and plant that is represented by the water transmission and distribution and sewage collection systems. (b) In any case where compliance with the guidelines of subsection (a) introduces unusual hardship or unreasonable difficulty, and the Council of the city - 7 - of Sebastian, Florida, utility, or interested party shows that it is not in the best interest of the customers of the utility to require compliance, the Council may exempt the utility from the guidelines." Sectio~ 6. That the Code of Ordinance, City of Sebastian, Florida, is hereby amended by adding a section to be. numbered Section 27-9, which said section shall read as follows: "Sec. 27-9. Imputation of Contributions-in-aid- of-construction. (a) If the amount of Contributions-in-aid- of-construction ("CIAC") has not been recorded on the utility's books and the utility does not submit competent substantial evidence as to the amount of CIAC, the amount of CIAC shall be imputed to be the amount of plant cost charged to the cost of land sales for tax purposes if available, or the proportion of the cost of the facilities and plant attributable to water transmission and distribution system and the sewage collection system. (b) In any case where the provisions of subsection (a) introduce unusual hardship or unreasonable difficulty, and the Council, utility or interested party shows it is not in the best interest of the customers of the utility, the Council may waive the applicability of this Section to the utility." -- 8 section 7. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section to be numbered Section 27-10, which said section shall read as follows: "Sec. 27-10. Application for Rate Increase. (a) Each applicant for a rate increase shall file with the City Clerk a written· application containing information substantially the same as that information required by Florida Administrative Code Rules 25-30.436, 25-30.437, 25-30.438, and 25-30.440 in effect on the effective date of this ordinance. (b) Notwithstanding any previous ordinance to the contrary, the applicant's application for rate relief will not be deemed filed and the applicant shall not have the right to collect any increased rates until the appropriate filing fee has been paid and all minimum filing requirements have been met, including prepared testimony where appropriate. (c) Each applicant shall pay an application fee as determined by the City based upon the City's estimate of the City's fees and'costs to review and render a decision on the requested rates; provided, however, -- 9 -- that the application fee shall not exceed $50,000.00. Said fee may be recovered in the rates as an expense of the utility over a ten (10) year period. The City shall notify the applicant of the application fee due to the City within seven (7) business days after the City receives the applicant's initial application. (d) The City may grant a waiver with respect to specific data required by this rule upon a showing that the production of the data would be impractical or impose an excessive economic burden upon the applicant. All requests for waiver shall be made with the submittal of the initial application. (e) This section shall apply to all applications filed on or after September 2, 1992." Section 8. SEVERABILiTY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this 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 - 10 - this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 9. CONFLICT. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 10. ATTORNEYS' FEEB. Should it become necessary for the City to initiate legal or other proceedings to enforce the terms of this Ordinance, the prevailing party shall be entitled to recovery of reasonable costs and attorneys' fees. ~. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 12. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption,.but the requirements set forth in Sections 4 through 7 hereof shall be applied to all rate applications received on or after September 2, 1992. The foregoing Ordinance was moved for adoption by Council- member Council member vote, the vote was as follows: The motion was seconded by and, upon being put to a - 11 - Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council member Peter R. Holyk Council member George G. Reid Council member Carolyn Corum The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1992, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney - 12 - REASONS FOR AMENDMENTS MODERNIZES THE UTILITY CODE SO THE CITY CAN BE A BETYER WATCHDOG IN RATE CASES PRESERVES REASONABLE RATES FOR UTH.,ITY SERVICES PREVENTS CASH-FLOW CRISIS RESULTING FROM INSUFFICIENT INCOME TO COVER SMALL UTILITY EXPENSES CREATES INCENTIVE EFFICIENTLY AND UTHATY COMPANY FOR THE OWNERS TO EFFECTIVELY MANAGE PROPERLY AIJOCATES RISK OF POTENTIAL NON- DEVELOPMENT OF NE~ SERVICE AREAS PREVE~S INEQUITABLE MANIPULATION AND INFLATION OF RATE BASE FURTHERS SUBSTANTIAL PUBLIC INTEREST IN PROVIDING GUIDEIANES FOR COMPELLED CONTRIBUTIONS AMENDMENTS TO SEBASTIAN UTILITY CODE UPDATE OUTDATED PROVISIONS OPERATING AND TESTING CONCERNING REQUIRES DEVELOP POLICIES UTILITIES IN THEIR NEXT RATE CASE TO JUST AND FAIR SERVICE AVAILABILITY PROVIDES POLICIES: GUIDELINES FOR SERVICE AVAILARILITY MAXIMUM CIAC OF 75% MINIMUM CIAC OF VALUE OF PIPES VARIANCE FLEXIBILITY PROVIDES FOR IMPUTING RESULTS IN REDUCED RATE OCCURS CONTRIBUTIONS WHICH BASE WHERE CHEATING UPDATES RATE CASE APPLICATION FEES FILING REQUIREMENTS AND City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: REQUEST FROM THE CHURCH OF THE NAZARENE TO UTILIZE RIVERVIEW PARK ON OCTOBER 11. 1992 Approved For Submittal By: City Manager ~~~___~,~ ) Dept. Origin: Community Development ) ( BC,~ ) Date Submitted: 09/16/92 ' ) ) For Agenda Of: 09/23/92 ) ) Exhibits: ) 1. Letter dated 9/11/92 from ) Ed Eby, Pastor ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Church of the Nazarene is requesting permission from the City Council to use Riverview Park on October 4, 1992, from 10:O0 A.M. to 5:O0 P.M? for "Praise in the Park". Due to a conflict with the Craft Club of Sebastian having previously been approved for this date, Pastor Eby is requesting to utilize the park on October 11, 1992. The Church is requesting permission to use the park pavilion and the east portion of the park for lunch and to provide music by local musicians. RECOMMENDED ACTION Move to approve the request from the Church of the Nazarene subject to the following conditions: 1. $1OO.OO security deposit. 2. No vehicles within the park. 3. Applicant to provide sufficient waste receptacles and clean up after even%. 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entrance ways. 6. The sale of premanufactured items are prohibited. SEBASTIAN FIRST CHURCH OF THE NAZARENE SEP 11 1992 Bruce Cooper City Hall Main Street Sebastian, Fl., 32958 Ph. (407) 589-4935/1511 Re: "PRAISE IN THE PARK" October 04, 1992 Dear Mr. Cooper, This letter is to serve as notice for request for Sebastian First Church of. the Nazarene to use the east of the Park Pavilion for lunch and rR~e~, portion park for time of special nmsic Praise in the Park" on October 04, 1992, from 10:00 A.M. to 5:00 P.M. Everyone is welcome to join in the time of music presented by local musicians. We project 100-200 people will attend. Thank you in advance for your consideration in this matter. Please try to join us! with best regards, PASTOR- Ed Eby. 50 S. Wimbrow, Sebastian, FI 32958. (407) 589-4935~/---~'~.~ City of Sebastian POST OFFICE BOX 780127 [:3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: Welcome Wagon Halloween Party - Use of Community Center Approved For Submittal By: City Manager ) Dept. Origin Cit-f Clerk ) ) Date Submitted 9/4/92 ) ) For Agenda Of 9/23/92 ) ) Exhibits: Rental Permit Application dated 9/3/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from the Welcome Wagon Club for use of the Community Center for a Halloween Party. on October 30, 1992 between 7:00 P.M. and 11:00 P.M. They are requesting permission to sell admission tickets for this event. It was indicated that most of the tickets would be sold to members at their meetings and that proceeds would be for various charities. Permission to serve alcohol is also requested. RECOMMENDED ACTION Move to approve request of the Welcome Wagon for the requested date with standard conditions. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION Na~e of Renter / Organization ~/~/~~_~ ~er of Pe~ons constituti~ng ~oup or ~zation: ~eason for Rental Time of O~: F~ ~ To // ~. Please ~ ~S or ~: l) Are kitchen facilities required? 2) Are you a resident of Sebastian? 3) #ill decorations be put up? 4) ~ill there be an admission or d~r charge? 5) #ill alcoholic beverages be served? (a) If ansver to f5 is yes: pemittee's proof of a~e &-?-~. ! (b) If alcohol is to be served. ~miasion is re~ire~ ~ the Cit!~ Council. ~.¥our zeoue_st on ~unt of Rental /~,~ 7~ T~: ~,.~ Se~fit? De,sit: $~d-D.~..~ Total Rental: N~e of Pe~ttee: A~dress of Pe~ttee: Telephone ~o. ~ _ ~e checks papble tP~OV~ / DIS~PROV~D Security Deposit paid on ~ -.~ - initial Rental F~ paid on (date) in the a~unt of ~ ~.~. , or Cash initial Alcoholic Beverage Re~est heard at the Council Neetino on (date). Re, est APPRO~D / Fee ~aiver Re~est hear~ at the ~uncil ~eetin~ on (date). Re~est ~PRO~ / D~I~. Key Pickup Date ~e? Retum Date Securit? De,sit returned b? City ~eck ~ a~unt of on (date) in the amount of in the (date) City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Scarpa/Montalbano Anniversary Party Approved For Submittal By: City Manager Dept. Origin ~ Clerk Date Submitted 9/4/92 For Agenda Of 9/23/92 Exhibits: Rental Permit Application dated 9/4/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from Andrea Scarpa 'for use of the Yacht Club for an Anniversary Party on September 27, 1992, between the hours of 3:00 P.M. and 7:00 P.M. They are requesting the use of alcohol at this event. RECOMMENDED ACTION Move to approve request for the use of alcohol for requested date with standard conditions. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION Name of Renter / Organization ~ber of Pe~ons constitutin~ ~up or or~intion: ~e~son for Rental ~ ~o ~/~ ~ ~ ~ ~ ?~ ~,~ Re~ested Date ~ a ~ Tl~e of D~: F~ ~ To 1) ~e ~tchen facilities re~ired? ~/~ 2} ~e ?ou a resident of Sebasti~? A/ 3) ~1 decotatio~ ~ ~t up? 4} ~ill there ~ an a~ssion or 5) giU ~coholk ~enges ~ se~d? / (a) If ~r to 15 is y~- pe~tt~*s pr~[ of age //-/~ (b). I[ ~cohol is to be se~d, ~ssion is re~ir~ ~ the C~t7 ~c~. Yo~,~est~ ~11 on ~unt of Rentai ~ ~, Name of Pemittee: ~dress of Telephone No. :~*~*-3 ~X ~e checks APPROVED / DISAPPllOVED C~ty CXerk  urit¥ Deposit paid on ~-'~-~,~ (date) in the amount of initial ~ ~~ Rental Fee paid on I~ Check / (date) in the amount of or Cash initial Alcoholic Beverage Request heard at (date). Fee Waiver Request heard at the Council Meetin~l on (date). Request APPROVED / DENIED. Key Pickup Date Key Return Date Security Deposit returned b~ City Check f amount of on Amount kerpt for dsm~ee (if applt~ble). the Council ~eetin.q on Request APPROVED / DENIED. in the (date) City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: REVIEW OF GOLF COURSE CLUBHOUSE FACILITY EXPANSION Approved For Submittal ~ Si ty Manage r~/~'~ ~. ~.... Agenda Number: Dept. Origin: cojmmunit¥ Development IBC Date Submitted, 0~1~/92 For Agenda Of: 09/23/92 Exhibits: 1. Letter dated 9/15/92 from Peter Jones 2. Plans for Clubhouse Expansion EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED~ SUMMARY STATEMENT At its regular workshop meeting of September 2, 1992, the City Council asked Peter Jones to submit preliminary schematics regarding the Clubhouse expansion. Mr. Jones will be in attendance at the meeting. RECOMMENDED ACTION Review the, plans of the Golf Course Clubhouse expansion. Peter W. Jones, P.A. 1627 U.S. Highway One Sebastian. Florida 32958 407/'588-1983 407/589-6165 FAX AR 0013214 DEVELOPMENT PLANNING ARCH~ECTURE URBAN DEIGN 15 September 1992 Mr. Bruce Cooper,' Director of Community Development City of Sebastian City Hall - 1225 Main .Street Sebastian, Florida 32958 RE: EXPANSION OF GOLF COURSE CLUBHOUSE FACILITIES . DESIGN 'REVIEW PACKAGES Dear Bruce, In accordance with your request, attached are twelve ('12) sets of the subject design packages for further distribution and review by City Council and Staff. You may note the following aspects of the design approach. Lounge/Bar Area Emphasis placed on .serving golfers rather than non-golfing public. Proximity to kitchen for food service and beer· keg coolers. Bar accommodates 18-20 persons (dictated by size of bar stools) with separate adjacent casual seating and dining area. Includes functional liquor island for storage and service. . Provides maximum view of golf course. . Directly accessible from golf course. . Patio provided for outdoor functions. Solar reflecting screens on windows expected to cut approximately 40% of solar heat and sun rays. Design utilizes existing bearing walls and openings. . Meets Life Safety Code requirements. Peter W. Jones, P.A. GOLF CLUBHOUSE EXPANSION . DESIGN REVIEW PACKAGE 15 SEP 92 2/3 Kitchen .. Located for service and easy access for Banquet, Dining, and Bar areas. Utilizes existing bearing walls and openings. . Layout #3A .projects higher cost for plumbing due to breaking into existing concrete slab. Layout #3B puts new plumbing into new area. . Design maximizes utilization of existing .appliances. Need t° consider propane gas versus electric for appliances. Restaurant Entry Design layout promotes restaurant as an entity separate from the golf club atmosphere. Provides weather-protected area for passenger drop-off/pick-up. Allows auxiliary area for persons needing to leave banquet room(s) without disturbing restaurant diners. Restrooms . Centrally located to Bar, 'Lounge, Dining., .and Banquet areas. Meets requirements for ADA and Building Code. . Utilizes shared plumbing walls. HVAC System. Separate operational "zones" for Kitchen, Bar/Restaurant (separate dampers), and Banquet areas. Existing units to be removed and/or relocated. Pro Shop, Offices, and Lockers to be on their own system. Peter W. Jones, P.A. GOLF CLUBHOUSE EXPANSION . DESIGN REVIEW PACKAGE 15 SEP '92 3/3 Banquet Room . Built-in cabinets 'provided .for storage of dinnerware and linens. Has delineated serving area and waithstations.. . Storage closet provided for tables and chairs. . Sized large enough to be subdivided for two or more separate concurrent functi, ons. . Maximum view ~of'golf .course ~side with solar screening. . Meets Life Safety Code requirements. Dining Room' . Focal .point of public entrance. Maximum view .of golf course side with solar screening. Comfortable seating for 50 persons with access to patio for special functions.. Provides' view into Lounge area through glass panels, giving sense of openness while preserving separation. . Meets Life Safety Code requirements. Please call if you have further questions and/or comments at this time. Very truly yours, Peter W. Jones, A.I.A. w/ attachments City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: FIRST READING OF ORDINANCE O-92-17 REGARDING THE ADOPTION OF UPDATED TECHNICAL CODES Approved For Submittal By= ) ) ) ) ) ) Dept. Origin: Community Developmen~ Da~e Submitted~ O9/15/92 For Agenda Exhibits, 1. Ordinance 0-92-17 EXPENDITURE REQUIRED~ AMOUNT BUDGETED~ APPROPRIATION REQUIRED~ SUMMARY STATEMENT At its regular workshop meeting of August 5, 1992. the City Council reviewed staff's reques[ to update ~he ~echnical codes ~o [he las[est version. RECOMMENDED AC, TI0,N Move to approve ~he firs~ reading of Ordinance 0-92-17 and set Public hearing for October 14. 1992. ORDINANCE NO. 0-92-17 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID&, AMENDING CHAPTER ? OF THE CODE OF ORDINANCES OF THE 'CITY OF SEBASTIAN PERTAINING TO TECHNICAL CODES~ AMENDING SECTION 7-16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO PROVIDE FOR THE ADOPTION OF UPDATED ADDITIONS OF VARIOUS BUILDING CODES; AMENDING SECTION 7-35 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ADOPT AN UPDATED EDITION OF THE NATIONAL ELECTRICALCODE;AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ADOPT UPDATED NEW FIRE PREVENTION CODES; PROVIDING FOR A REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION iNTl,8 CODE.OF ORDI.1TANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR ANEFFECTIVE DATE. WHEREAS, The City Council of the City of Sebastian has determined that it is in the best interests of the City and its residents to provide for updated technical codes, including building codes, electrical codes, and fire prevention codes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Sec~. Section 7-16 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended by deleting the existing Subsection (a) in its entirety and adding the following new provisions in lieu thereof to read as follows: "(a) The City does hereby adopt as building codes for the City the below-listed additions of the Southern Building Code Congress International, Inc. Three (3) copies of which are on file in the offices of the Community Development Department and which shall be accessible to the public upon request during normal business hours of the Community Development Department. Such codes are hereby made a part of the Code of Ordinances of the City subject only to specific additions, deletions or amendments set out in the Code of Ordinances. (1) Standard Building Code, 1991 edition. (2) Standard Mechanical Code, 1991 edition. (3) Standard Gas Code, 1991 edition. (4) Standard Plumbing Code, 1991 edition." Section ~. Section 7-35 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended by deleting the existing Section 7-35 in its entirety and adding the following new provisions in lieu thereof to read as follows: "Bec. 7-35. Adoption of National Electrioal Code. It is hereby adopted by reference the 1993 edition of the National Electrical Code as published by the National Fire Protection Association, subject to such additions, deletions or amendments which may appear elsewhere in this Article and except insofar as any such provisions of the National Electrical Code, by their nature, could have no application within the City." Section 3. Section 11-18 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended by deleting the existing Section 11-18 in its entirety and adding the following new provisions in lieu thereof to read as follows: -- 2 -- ,,Sec. L2-~8. Adoption of Fire Prevention Co~es. It is hereby adopted by reference the Standard Fire Prevention Code, 1991 edition, as adopted by the Southern Building Code Congress International, the National Fire Protection Association (NFPA) Pamphlet 1, 1987 edition, and the National Fire Protection Association (NFPA)101, Life Safety Code, 1991 edition, subject to only specific additions, deletions or amendments set out in the Code of Ordinances, andexcept insofar as such provisions, by their very nature, could have no application in the City." SectioD. 4. CONFLICT. Ail Ordinances or Ordinances in conflict herewith are hereby repealed. parts of Section 5. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 6. SEVEBABILIT¥. In the event a court of competent jurisdiction shall hold or determine that any part of -- 3 -- this Ordinance is invalid or unconstitutional, the remainder of this 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 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Council member Council member vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council member Peter R. Holyk Council member George G. Reid Council member Carolyn Corum The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk - 4 - I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1992, and that following said public' hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney - 5 - City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT= FIRST READING OF ORDINANCE 0-92-22 REGARDING OCCUPATIONAL LICENSE FEES ) Agenda Number, q~-~q / ) ) Dept. 0rigin~ Community Development Da~e Submitted., ~9~1~2,m ~~C~ Approved For Submi~ta, 1 ~y .- )) city Hanager ~~E~.~__ )) . For Agenda Of~ 09/23/92 Exhibits~ 1. Ordinance 0-92-22 EXPENDITURE REQUIRED~ AHOUNT BUDGETEDt APPROPRIATION REQUIRED= SUHHARY ~,T,ATEHENT Ordinance 0-92-22 if adop[ed, would require each non-employee licensed Barber or Cosmetologist to obtain an occupational license whereas, the existing ordinance requires all licensed Barbers and Cosme~ologis~s to obtain an occupational license whether they are an employee or non- employee. RECOMMENDED ACTION Hove ~o approve the first reading of Ordinance 0-92-22 and set the public hearing for October 14, 1992. ORDZNANCE NO. 0-92-22 AN ORDINANCE OF THE CITY OF SEBASTI;kN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO OCCUPATIONAL LICENSE FEES; AMENDING SECTION 14-ZS OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO MODIFY EXISTING OCCUPATIONAL LICENSE FEES FOR BARBER SHOPS AND BEAUTY SHOPS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CiTY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; ]%NDPROVIDING FOR ANEFFECTIVEDATE. WHEREAS, The City Council of the city of Sebastian, Florida, has determined that the existing occupational license fee schedule for barber shops and beauty shops are not clear and are not structured in the best interests of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, that: Section 1. Section 14-28 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended by deleting the current fee schedule for BARBER SHOP, BEAUTY SHOP, in its entirety and adding the following new provisions in lieu thereof to read as follows: "BARBER SHOP, BEAUTY sHoP: The business owner ....... 10.00 Each non-employee lic;n;e~ barber ...... 10.00 Each non-employee licensed cosmetologist . . 10.00 Each chair/station .......... 1.85" Section 2. CONFLICT. Ail Ordinances or Ordinances in conflict herewith are hereby repealed. parts of Section 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. BEFERABILITY. 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 this 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. Sec~on 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing ordinance was moved for adoption by Council member Council member The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council member Peter R. Holyk Council member George G. Reid Council member Carolyn Corum - 2 - The Mayor thereupon declared this Ordinance duly passed and adopted this .. day of , 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1992, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE city Clerk Approved as to Form and Content: Charles Ian Nash, city Attorney - 3 - City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Waiver of bidding procedure ) Agenda No. for liability, property & casualty ) and workers' compensation ) Dept. Origin insurance. ) Approve! for Submittal By: ) Date Submitte~l: )  ) For Agenda Of City Manager .-~ ~--~.--r .,~ ) ) ) 09-16-92 09-23-92 Expenditure Amount Appropriation Required: -0- Budgeted: Required: SUMMARY STATEMENT The City currently has property, casualty, liability and workers' compensation insurance through the Florida League of Cities. The premium for fiscal 91-92 totaled $272,923. The renewal for fiscal 92-93 totals $343,688 with workers' compensation accounting for the majority of the increase of 78%. Various proposals from other carriers and self insurance funds were reviewed. The best was from a self insurance pool called "TRICO" which consists of the cities of Stuart and Port St. Lucie and the Counties of Martin and St. Lucie with a third party administrator being the McCreary Corp. Pursuant to city code section 2-64(j), "The City Council may waive or modify the bidding procedure on specific contracts for good cause." Adequate funds are budgeted in the fiscal '93 budget~ for this expenditure. ~COMMENDED ACTION Move to grant a waiver of bidding procedure and authorize the purchase of property, casualty, liability, and workers' compensation insurance through the "TRICO" self insurance pool with funds as budgeted in the fiscal '93 budget. SUBJECT: Schumann Railroad ) Crossing Paving and ) Repairs ) ) City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Agenda No. Approved for Submittal By: City Manage~J~.c~ Dept. Origin Date Submitted ENG/PW 09-17-92 For Agenda of 09-23-92 Exhibits: FEC Cost Estimate Memo City Engineer 9-17-92 Cost estimates from Martin and Dickerson EXPENDITURE REQUIRED: $ 3,425. AMOUNT BUDGETED: $210,000. FEC Railroad shall be making repairs to the Schumann Drive Crossing within the first week of October. According to the proposed license agreement the City is responsible for the cost of the asphalt approach to bring the roadway up to the adjusted elevation of the tracks. The Railway Company has indicated that their cost for this approach would be $6,000. Because the City can use the Indian River County Commodities Contract for asphalt, the City requested proposals from both Dickerson and Martin Paving to construct the required improvements of the intersection. The cost breakdown as identified in my memo dated September 17th, 1992 indicates Dickerson is the low bidder at $3,425. RECOMMENDED Move to waive bidding procedures for Asphalt contractor and direct staff to execute a purchase order to Dickerson for $3,425 to overlay the railroad crossing at Schumann Drive. FLORIDA EAST COAST RAILWAY COMPANY OFFICE OF SENIOR ASSISTANT ENGINEER ST. AUGUSTINE, FLORIDA 219/39/3116 8/19/91 JWK SE8ASTIAN: REHABILITATE EXISTING TYPE T-MODIFIED GRADE SCHUMANN DRIVE MILEPOST 219+3116, AAR/DOT CROSSING. NO. 272164R ESTIMATE OF COST TO REMOVE AND REPLACE 1-24' WIDE TYPE T-MODIFIED GRADE CROSSING. DESCRIPTION NUMBER UNIT UNIT PRICE COST BY RAILWAY AT RAILWAY EXPENSE Install Track Panel 24.00 T.F. $167.00 $4,008.00 Raise and Surface Track 300.00 T.F. $1.25 $375.00 Cont j ngencies 1.00 L .S. $517.00 $517.00 ESTIMATED RAILWAY EXPENSE BY RAILWAY AT CITY EXPENSE $4,900.00 Remove end Replace Slabs 24.00 T.F. $92.00 $2,208.00 A~phalt Paving. 50.00 TONS $120.00 $6,000.00 Engineering and Supervision 24.00 M-HR $18.00 $432.00 Traff[c Maintenance 3.00 DAYS $300.00 $900.00 Contengencies 1.00 L.5. $560.00 $560.00 ESTIHATED CITY EXPENSE $10,100.00 SUMMARY OF ESTIMATED EXPENSES BY RAILWAY AT RAILWAY EXPENSE BY RAILWAY AT CITY EXPENSE TOTAL ESTIMATED PROJECT EXPENSES $4,900. O0 $10,100.00 $15,000.00 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MEMORANDUM DATE; September 17, 1992 TO: Mayor and City Council THROUGH: Robert S. McClary City Manager FROM: Daniel C. Eckis, P.E.~~ City Engineer/Public Works Director Schumann Drive Railroad Crossing Closing FEC railroad will be making repairs to the Schumann Drive railroad crossing on October 5th, at 9:00 A.M. and it will remain closed until Oct 7th at 5:00 P.M. I have met with Indian River County Transportation Engineer, Mike Dudek who will be cooperating with the City for the closing of the crossing. The County will be posting signs in advance of the closing identifying the dates and times that the closing will take place. In addition, they will post signs identifying the detour routes to direct traffic to alternate routes. The proposed license agreement between FEC and the City of Sebastian identifies cost estimates that the City will be responsible to pay. The asphalt paving portion was the most expensive and based on their estimate of $120.00 per ton, I have contacted both Martin and Dickerson Paving to provide price quotes for the installation of the approaches to the crossing. The breakdown of the costs are as follows: Company Asphalt Unit Price Total FEC railroad 50 tons $120.00 $6,000. Martin Paving 50 tons $ 90.00 $4,500. Dickerson Co. 50 tons $ 68.50 $3,425. cc: Sebastian Police Department pave.doc wi=J~) ! ~ -"~);4 ~ ! CKmS'R$ON FL. I Nm". P. DICKERSON FLORIDA, INC. A C;;OMPANY OF THE DI~KPI~,ON GNOUI), INt.., (407) Sep:ember ~6, 1992 VIA FACSIMILE & ~.S:MAIL City of Sebastian P.O.Box 780-127 Sebastian, Florida 32978 Attention: Dan Eckis City Engineer RE: Overlay a~ R.R. Crossin~ ~L~ Shumann Drive Dear Mr. Eckis; Pursuant to your request o£ Mr. Ted Tyson relative ~o our supplying our proposal for the overlay of the railroad crossing a~ Shuman Drive. I: is my understa2din$ you wish 7, 1992. In accordance with proposal: this work performed on or mbout October your request, :he following is our Type $ Asphal~ ....... 50 Tons ....... ¢~ $ 68.50 .......... $ 3 425.00 Should you have any questions r{~lativc ~o ~hi.s please feel free %o give me a cmll. JRW/msb Very truly yours, DICEERSON FLORIDA, INC. Zor Vice President $gY16Y92 10~ 10 ~ ~87 ~69 ~4B8 M~RTIN UERO c~rv OF #~A~llAN DATE: Ie. Sep-92 JO~ NAME: PAVE WR CFK:)$~INQ Al'tN: DAN EOKI~ PHONE: We hg~Mzy oubmlt lpe01fl.tlon8 and .Um.~i 1or: ASPHALT PAVIN~ UN~' UNiT .:_--:~:-~;,'nON . GIY uNrr,, ,.~.,.,c~_ .... ~ 1-.4' 'rYp~, 8-~ HMA ~0 *tm oD.e0 $~,5oo.0o ~DTAL li,lO0.O0 UPON EXEGUTION OF ~ PROPOAAL TW8 DOCUMENT BIK,~,id~ A 'Tho Ib0ve pfloel. W~onJ iNf aondlUgnl mm iltilfl0lory Irld Ire IGGel~ted. You Ire IUU~MIZlid i) do !hi w0~k II epKfflid. Plymem ~lJ bo wllhlfl 10 diye of oompiolJon ifld monthly pmqlreii piymlntl wllJ bo mede by the fl0th of the mont~ Mr work pMlormmd in she lyovJOUl month, ih th" IYON !hi! emoun! herein ihow~ Jl i~o! pild Whll~ dug, inlMel! It thl hl0h#t ligl] rite pM Irmum lhill Ir:xwmlito on toMI dui. AJI ~Olte ol cx:4leC[Jon iI11dl bo piJd by me eUltomer Including meoonld)le &t~orney tool DATE:,, City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTI CITY C0 ClL REGULAR MEETING WEDNESDAY, SEPTEMBER 23, 1992 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Ed Eby - First Church of the Nazarene 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 92.252 A. "Pride in Sebastian Award" Presentations for Property Rehabilitation and Adaptive Re-use - Contribution to Sebastian's Appearance and Heritage /Y~- a~ Lawson House * Sebastian Inlet Marina and Trading Co. * Sebastian Animal and Bird Clinic * 1840 Barber Street - Anderson Residence * 936 Building - Dan Preuss Realty * Sebastian Interiors * Karr's Kwik Lube * State Farm Insurance, Century 21, Realty King * Del's Barber Shop * Attorney Gregory Gore * Woody's Print Shop * Sebastian Seafood Market * Dr. Pamela Adan 92.253 92.254 92.255 92.248 Proclamation - "Florida's Industry Appreciation Week" - 9/21/92 through 9/25 (Cheryl Elsessor Accepting for Chamber of Commerce) Proclamation - "Pelican Island National Wildlife Refuge Day" - March 14, 1993 - 90th Anniversary (Dom Whitmore Accepting for U.S. Fish and Wildlife Service) Proclamation - "Florida City Government.Week" - 10/4/92 through 10/10/92 (City Recipient) PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. ORDINANCE NO. 0-92-16 - Amending Chapter 27 - Code of Ordinances - Utilities AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING VARIOUS SECTIONS OF CHAPTER 27 OF THE CODE OF ORDINANCES, RELATING TO "UTILITIES" BY AMENDING DEFINITIONS; AMENDING SECTION 27-5 RELATING TO OPERATING AND TESTING; CREATING REQUIREMENT FOR SERVICE AVAILABILITY POLICY; CREATING GUIDELINES FOR DESIGNING SERVICE AVAILABILITY POLICY; CREATING PROCEDURE FOR IMPUTING CONTRIBUTIONS-IN-AID-OF- CONSTRUCTION; CREATING SECTION 27-10 RELATED TO APPLICATIONS; PROVIDING SEVERABILITY CLAUSE; PROVIDING FOR CONFLICTS; PROVIDING FOR ATTORNEYS' FEES; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. (lst Reading 9/9/92, Advertised Legal Notices 9/8/92, Public Hearing 9/23/92) 8. PUBLIC INPUT ON AGENDA ITEMS 2 92.256 92.257 92.258 92.259 10. 11. 12. 13. 14. 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 - 9/2/92 Special Meeting/Workshop, 9/9/92 Regular Meeting, 9/16/92 Special Meeting Scarpa/Montalbano - Request Use of Yacht Club - 9/27/92 - 3 p.m. to ? p.m. - A/B - Permittee DOB 11/1/47 - Security Paid (City Clerk Recommendation dated 9/4/92, Application) Welcome Wagon Halloween Party - Request Use of Community Center - 10/30/92 - ? p.m. to 11 p.m. - A/B and Admission Ticket Sales - Permittee DOB 6/9/21 - Security Paid (City Clerk Recommendation dated 9/4/92, Application) Church of the Nazarene - Request to Use Riverview Park - 10/11/92 - 10 A.M. to 5 P.M. - "Praise in the Park" - Standard Conditions (Staff Recommendation dated 9/16/92, Eby Letter dated 9/11/92) PRESENTATIONS MAYOR AND CITY COUNCIL MATTERS A. Mrs. C. Mr. ~3m t. ~ 1. Bond Money for Street Repair (No Backup) E. Mr. ~~ CITY ATTORNEY MATTERS CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDATIONS 3 92.044 92.221 91.291 92.260 15. OLD BUSINESS Review of Golf Course Clubhouse Facility Expansion (Staff Recommendation dated 9/17/92, Jones Letter dated 9/15/92, Plans Under Separate Cover) 16. NEW BUSINESS ORDINANCE NO. 0-92-17 - Adoption of Updated Technical Codes (Staff Recommendation dated 9/15/92, O-92-17) Reading, Set Public Hearing 10/14/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO TECHNICAL CODES; AMENDING SECTION 7-16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO PROVIDE FOR THE ADOPTION OF UPDATED ADDITIONS OF VARIOUS BUILDING CODES; AMENDING SECTION 7-35 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ADOPT AN UPDATED EDITION OF THE NATIONAL ELECTRICAL CODE; AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ADOPT UPDATED NEW FIRE PREVENTION CODES; PROVIDING FOR A REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 0-92-22 - Occupational License Fee Amendment - Beauty/Barber Shops (Staff Recommendation dated 9/15/92, 0-92-22) Reading, Set Public Hearing 10/14/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO OCCUPATIONAL LICENSE FEES; AMENDING SECTION 14-28 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO MODIFY EXISTING OCCUPATIONAL LICENSE FEES FOR BARBER SHOPS AND BEAUTY SHOPS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CiTY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Waiver of Bidding Procedure - Authorize Purchase of Property, Casualty, Liability and Worker's Compensation Insurance - "TRICO" Self-Insurance (Staff Recommendation dated 9/16/92) 4 92.261 91.101/ 92.262 17. Waiver of Bidding Procedure to Contract with Dickerson Florida, Inc. - Overlay Railroad Crossing at Schumann Drive (Staff Recommendation dated 9/17/92, FEC Cost Estimate, City Engineer Memo dated 9/17/92, Martin and Dickerson Cost Estimates) Request from Skydive Sebastian, Inc. - Permit Skydiving at Airport (Staff Recommendation dated 9/17/92, Price Letter dated 9/16/92) INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 5