ST. CLOUD CITY COUNCIL REGULAR MEETING May 26, 2016 City Hall Council Chambers 1300 Ninth Street 6:30 PM Agenda

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1 ST. CLOUD CITY COUNCIL REGULAR MEETING May 26, 2016 City Hall Council Chambers 1300 Ninth Street 6:30 PM Agenda Welcome to our Council meeting. In the interest of time efficiency and ensuring that everyone who wishes to address the Council is given the opportunity to do so, the following will apply to all comments made by the public. Each speaker shall be allotted 3 minutes to address the Council, unless such time is extended by the Mayor or by questions from Council. Groups shall designate a spokesperson to avoid repetition of comments. Every effort will be made to avoid interrupting speakers. Thank you for participating in your City Government. I. Call to Order II. III. IV. Invocation Pledge of Allegiance Roll Call Mayor Rebecca Borders Deputy Mayor Jeff Rinehart Council Member Russell Holmes Council Member Dave Askew Council Member Donald Shroyer V. Presentations Presentation in recognition of Girl Scout Troop 56 Presentation in recognition of Shella Newton and Grace Newton for their dedicated work at the Nature Park. VI. First Citizen s Forum - Any person who desires to comment on any item not on this agenda is provided this opportunity to address the City Council. Each person is requested to complete a sign-in form to be provided to the City Clerk prior to addressing the Council. VII. Public Hearings 1. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, to annex into the City of St. Cloud approximately acres, more or less, identified as St. Cloud West Village Center - Fairwinds, located at 2975 East Irlo Bronson Memorial

2 Highway; in accordance with the voluntary annexation provisions of chapter , Florida statutes. (Above is full title) ACTION ON ORDINANCE NO SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, to annex into the City of St. Cloud approximately 1 acre, more or less, located at 3820 Canoe Creek Road, known as Circle K Store; in accordance with the voluntary annexation provisions of chapter , Florida statutes. (Above is full title) ACTION ON ORDINANCE NO SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land Use designation of Commercial to approximately 1 acre, more or less, located at 3820 Canoe Creek Road, known as Circle K Store; providing for amending the official Future Land Use Map of the Comprehensive Plan, filing of the Planning Commission recommendation and proof of publication, applicability and effect, severability, copies on file and effective date. (Above is full title) ACTION ON ORDINANCE NO SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Zoning district of "HB Highway Business, compatible with a Commercial Future Land Use designation change, adopted by Ordinance No , for approximately 1 acre, more or less, located at 3820 Canoe Creek Road, known as Circle K Store; providing for entering the designation on the official Zoning Map, filing of the Planning Commission recommendation and proof of publication, severability and effective date. (Above is full title) ACTION ON ORDINANCE NO FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, amending the City Code of the City of St. Cloud, Florida to include Chapter 8 - Animals, Section 8-2. Number of pet animals restricted, and the replacement of Section 8-3. Keeping poultry,

3 domestic fowl in its entirety, providing for severability, conflicts, codification, and an effective date. (Above is full title) ACTION ON ORDINANCE NO FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida amending the City Code of the City of St. Cloud, Florida, to include Chapter 40, Article IV, Section Landlord, Owner of Rental Property(ies), and Section Schedule Of Local Business Tax Fees, providing for severability, conflicts, codification, and an effective date. (Above is full title) ACTION ON ORDINANCE NO FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City of St. Cloud amending Chapter 2, Administration Article II, City Council, Division 1, Generally, Section 2-31, Salary to provide and establish City Council salaries based on future population growth, providing an effective date, providing that Council Member holding a Council seat as of the date that this ordinance is adopted, shall not be eligible for an increase unless that Council Member has been reelected or reappointed after final adoption hereof; providing for severability, conflict, and codification. (Above is the full title) ACTION ON ORDINANCE NO VIII. Consent Agenda- The next portion of tonight's meeting is the consent agenda which contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Council wish to speak on a consent item, they have the same opportunity. A. Warrant List #33 B. Minutes: March 10, 2016 / Regular Meeting, March 24, 2016 / Regular Meeting and April 14, 2016 / Regular Meeting C. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a second addendum to and extension of the agreement dated August 14, 2014, between the City of St. Cloud and Petroleum Traders

4 Corporation for motor fuels transport deliveries lots 1, 2, & 3, and providing an effective date. COST: $1,355, (Estimated) D. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a task authorization to the continuing contract and agreement for Sanitary Sewer Lift Station Rehabilitation with Danus Utilities, Inc., for Lift Station 27, and providing an effective date. COST: $117, E. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, revising the Emergency Services Fees as provided by City Code, Chapter 34, Article II, Emergency Medical Services, and providing an effective date. COST: No cost associated with this item. F. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida authorizing the Mayor to enter into an agreement with Waste Management Inc., of Florida to provide for a tiered gate rate (tipping fee) for commercial municipal solid waste, and to provide an effective date. COST: No cost associated with this item. G. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the City Manager to enter into an Interlocal Agreement on behalf of the City of St. Cloud, Florida, with the Osceola County Supervisor of Elections, for the purpose of conducting municipal elections. COST: No cost associated with this item. IX. Council Action 1. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, approving a Water & Wastewater Service Agreement from Nolte Land I, LLC., for Jowers Property a development located in the unincorporated area of Osceola County North of Nolte Rd. and west of Michigan Ave. servicing approximately fiftyfour (54) homes, authorizing the City Manager to execute the agreement; and providing an effective date. 2. Request Council's ratification of Police and Fire Fighter Pension Board member.

5 X. City Attorney XI. City Manager XII. Mayor and Council Members XIII. Second Citizen s Forum - Any person who desires to comment on any item not on this agenda is provided this opportunity to address the City Council. Each person is requested to complete a sign-in form to be provided to the City Clerk prior to addressing the Council. XIV. Information Section Monday, May 30, 2016 City Offices will be closed in observance of the Memorial Day Holiday Thursday, June 9, City Council Meeting - 6:30 City Hall, Council Chambers XV. Adjournment If a person decides to appeal any decision made by the Committee/Board, with respect to any matter considered at such hearing/meeting, such person will need a record of the proceedings and that, for this purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, and which record is not provided by the City of St. Cloud. (FS ) In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the Secretary/Clerk of the committee/board (listed below), prior to the meeting. (FS ) Linda P. Jaworski, th Street, St. Cloud, FL

6 AGENDA First Reading: Item # Public Hearings Ordinance No DATE OF MEETING: MAY 26, 2016 Resolution No. First Public Hearing: 05/12/2016 Second Public Hearing: 05/26/2016 Final Action: 05/26/ /12/ Passed, motion made by Mr. Holmes seconded by Mr. Rinehart, vote was 5-0, all members voting, "aye". AGENDA ITEM (Brief Description) Ordinance No DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The subject property is located at 2975 E Irlo Bronson Memorial Highway. The current Future Land Use designation for this property is Commercial (County). The zoning designation is CR Neighborhood Commercial (County). The subject property will be automatically assigned a Future Land Use designation and Zoning classification as provided by Ordinance No The Future Land Use designation will be Commercial (City). The zoning designation for this property will be NB Neighborhood Business (City). Planning Commission will hear this request for annexation on May 17, The recommendation of the Planning Commission will be presented to the City Council at the second hearing scheduled on May 26, FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A Item # V.1

7 CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 05/26/ /12/ Passed, motion made by Mr. Holmes seconded by Mr. Rinehart, vote was 5-0, all members voting, "aye". ATTACHMENTS: Description Ordinance Staff Report Applicant s response to 16 required findings Future Land Use Map Zoning Map Osceola County Letter Item # V.1

8 RETURN TO: CITY OF ST. CLOUD DEPT OF PLANNING AND ZONING TH STREET ST. CLOUD, FL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, TO ANNEX INTO THE CITY OF ST. CLOUD APPROXIMATELY ACRES, MORE OR LESS, IDENTIFIED AS ST. CLOUD WEST VILLAGE CENTER - FAIRWINDS, LOCATED AT 2975 EAST IRLO BRONSON MEMORIAL HIGHWAY; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF CHAPTER , FLORIDA STATUTES. WHEREAS, the owner of the property described below, being Fairwinds Credit Union, has petitioned the City Council of the City of St. Cloud, Florida, pursuant to Chapter , Florida Statutes, requesting annexation into the City of St. Cloud, Florida in a petition signed and dated March 24, 2016; and, WHEREAS, the City Manager of the City of St. Cloud, Florida, has certified by review of the Certificate of Title dated March 31, 2016, that the owner of the property has signed the Petition for Annexation; and, WHEREAS, the City Council has received the recommendation of Planning Commission dated May 17, 2016; and, WHEREAS, the property is reasonably compact and contiguous to the corporate areas of the City of St. Cloud, Florida and annexation will not result in the creation of any enclave; and, WHEREAS, the City of St. Cloud, Florida, has provided or will provide municipal services to the property, and has found it in the best interest of the City to accept the petition for annexation. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of St. Cloud, Florida, as follows: SECTION 1: That the following property is annexed into the City of St. Cloud, Florida, pursuant to Chapter , Florida Statutes: FROM A POINT ON THE SOUTHWESTERLY LINE OF LOT 11 OF BIG SKY, AS FILED AND RECORDED IN PLAT BOOK 2, PAGE 191, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA, SAID POINT BEING SOUTH 52º34 48 EAST, 35 FT. FROM THE CENTERLINE OF BIG SKY BOULEVARD; RUN THENCE SOUTH 52º34 48 EAST, ALONG SAID SOUTHWESTERLY LINE, FT. TO THE POINT OF BEGINNING; CONTINUE Ordinance No St. Cloud West Village Center Fairwinds Item Page # V.1 1 of 3 DRC Case #

9 SOUTH 52º34 48 EAST, FT.; RUN THENCE SOUTH 51º16 38 WEST, PARALLEL TO THE CENTERLINE OF ST. CLOUD CANAL C-31, FT. TO THE NORTHERLY RIGHT OF WAY LINE OF US HIGHWAY NO. 441; RUN THENCE NORTH 52º34 48 WEST, ALONG SAID RIGHT OF WAY LINE, FT.; RUN THENCE NORTH 37º25 12 EAST, FT. TO THE POINT OF BEGINNING. INCLUDING THE FULL WIDTH OF ANY AND ALL ADJACENT RIGHTS-OF-WAY. SECTION 2: The properties annexed by this ordinance will be automatically assigned a Future Land Use designation and Zoning classification as provided by Ordinance No The subject property shall be assigned a Future Land Use designation of Commercial and a Zoning designation of NB Neighborhood Business. SECTION 3: The City Manager or his/her designee is authorized and directed to promptly enter changes on the Official Future Land Use and Zoning Maps. SECTION 4: The City Clerk, after consultation with the City Attorney, is authorized to correct scrivener s errors found by filing a corrected copy of this ordinance in the official records of the City. SECTION 5: That occupants and owners of the property shall be entitled and subject to all the rights, privileges, immunities, and responsibilities of occupants and owners of property in the City of St. Cloud, Florida, as provided in Chapter 171, Florida Statutes. SECTION 6: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION 7: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 12 th day of May, 2016 Second Reading on the 26 th day of May, 2016 Ordinance No St. Cloud West Village Center Fairwinds Item Page # V.1 2 of 3 DRC Case #

10 Rebecca Borders, Mayor ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL By: Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by a Public Official: City Manager, City of St. Cloud, St. Cloud, Florida Ordinance No St. Cloud West Village Center Fairwinds Item Page # V.1 3 of 3 DRC Case #

11 City Council Staff Report Meeting Date: 05/12/16 & 05/26/16 DRC Case # Ordinance No Type of Application Annexation Case Name St. Cloud West Village Center Fairwinds Owner/Applicant Fairwinds Credit Union Agent John C. Reich Address 2975 E Irlo Bronson Memorial Highway Parcel ID # Project Planner Shuo Liu Request The applicant is requesting annexation of acres of land into the City of St. Cloud. Background The subject property is located at 2975 E Irlo Bronson Memorial Highway. The current Future Land Use designation for this property is Commercial (County). The zoning designation is CR Neighborhood Commercial (County). The subject property will be automatically assigned a Future Land Use designation and Zoning classification as provided by Ordinance No The Future Land Use designation will be Commercial (City). The zoning designation for this property will be NB Neighborhood Business (City). Findings Prior to approval of the proposed voluntary annexation, Florida Statutes Section requires the City to make the following findings: A. The subject property must be contiguous to the municipality and reasonably compact. Item # V.1

12 The proposed annexation is reasonably compact and contiguous to current City Jurisdiction limits. In addition, the subject properties are located within the Joint Planning Area Boundary as provided in the executed Joint Planning Area Interlocal Agreement between Osceola County and the City of St. Cloud, dated March 17, The proposed annexation meets the requirements of Florida Statutes Section , and therefore is eligible for annexation into the City. B. The petition must bear the signatures of all owners of the subject property to be annexed. This is a voluntary annexation and the City of St. Cloud has documentation that the owner of the subject property has agreed to the voluntary annexation of Parcel into the City s Jurisdiction limits. DRC/Staff Review On April 14, 2016, staff reviewed this request for annexation and offers no objection. The site has already been developed and is operating as a bank. Planning Commission Recommendation Planning Commission will hear this request for annexation on May 17, The recommendation of the Planning Commission will be presented to the City Council on the May 26, 2016 meeting. City Council Required Action The City Council shall review the recommendation from the Planning Commission and render a decision based on the recommendation and information presented. The Planning Commission report and recommendation is based on the 16 required findings of Section C.2.a of the Land Development Code. The applicant responses to the 16 required findings have been provided as an attachment for the City Council s review. Attachments Ordinance No Applicant Response to the 16 Required Findings Future Land Use Map Zoning Map School Capacity Report Osceola County Letter Page 2 of 3 DRC Case # St. Cloud West Village Center Fairwinds - Annexation Item # V.1

13 SCHOOL CAPACITY REPORT The School District of Osceola County Planning Services Department SDOC # 2015/ DRC#: Current FLU: County: Commercial Requested FLU: City: Commercial PROJECT NAME: St. Cloud West Village Center Fairwinds Annexation Current Zoning: County: CG PROJECT LOCATION: 2975 E. Irlo Bronson Memorial Highway Requested Zoning: City: Hwy Business COMMENTS DUE DATE: April 14, 2016 PID#: No Impact on Public Schools Page 3 of 3 DRC Case # St. Cloud West Village Center Fairwinds - Annexation Item # V.1

14 Requirements of the Planning Commission report to the City Council Land Development Code C.2.a The report and recommendation to the City Council shall show the Planning Commission has studied and considered, where applicable, whether or not: 1. The proposed change is contrary to the established land use pattern No, the propety site is within the Joint Planing Area (JPA) and is currently designated according to the Osceola County Future Land Use (FLU) Plan Map as Commercial FLU. The property site is currnetly developed as the exisiting FairWinds Federal Credit Union 2. The proposed change would create an isolated district unrelated to adjacent and nearby districts. No, the proposed change will be automatically assigned St. Cloud Commercial FLU and Neighborhood Business (NB) Zoning based on the JPA. The current unincorporated Osceola County FLU is Commercial / County Zoning is COMMERCIAL RESTRICTED (CR) Zoning 3. The proposed change would materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, etc. No, the proposed change CONVERTS current unincorporated Osceola County COMMERCIAL FLU and current Osceola County CR Zoning to St. Cloud Commercial FLU and St. Cloud Neighborhood Business (NB) Zoning 4. Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Based on the JPA, automatic assignment of Commercial FLU / Neighborhood Business (NB) Zoning is consistent with the Interlocal Agreement 5. The proposed change would be contrary to the land use plan and would have an adverse effect on the comprehensive plan. No, the property site will be automatically assigned COMMERCIAL FLU and NB Zoning in accordance with the City of St. Cloud Zoning and FLU Conversion Table 6. Changed or changing conditions make the passage of the proposed amendment necessary. Yes, the property is within the St. Cloud Service Area, and therefore, annexation, assignment of Commercial FLU and NB Zoning are in compliance with the Interlocal Agreement establishing the JPA. 7. The proposed change will adversely influence living conditions in the neighborhood. No, the proposed development site will be developed in accordance with land development regulations. Item # V.1 1

15 8. The proposed change will create or excessively increase traffic congestion or otherwise affect public safety. No, traffic generation will direclty access US 192, an arterial highway currently under road widening improvments. 9. The proposed change will create a drainage problem. No, the existing stormwater drainage design is in compliance with development standards implemented by the SFWMD. Additionally, planned revision to the existing stormwater management system will further improve the on-site drainage system 10. The proposed change will seriously reduce light or air to adjacent areas. No, development of the site shall conform the City of St. Cloud Land Development Code 11. The proposed change will adversely affect property values in the adjacent area. No, annexation and automatic assignment of COMMERCIAL FLU and NB Zoning complies with the JPA. 12. The proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. No, the proposed annexation will create new commercial development within the expanded city limits. 13. The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed annexation follows current commercial land use and current zoning in effect along US There are substantial reasons why a reasonable use of property cannot be accomplished under existing zoning. Based on the JPA, annexation of the propety is required to allow the City of St. Cloud permitting authority for commercial development within the city limits. 15. Whether the change suggested is out of scale with the needs of the neighborhood or the city. No, the change is in scale with needs of the neighborhood and the city. Item # V.1 2

16 16. It is impossible to find other adequate sites in the city for the proposed use in districts already zoned for such use. Yes, this site provides needed commercial services for adjancent exiting neighborhoods. Item # V.1 3

17 St. Cloud West Village Center - Fairwinds / Future Land Use Map April 2016 IRLO BRONSON MEM HWY St. Cloud West Village Center - Fairwinds DRC CASE # Annexation ST CLOUD VILLAGE CT IRLO BRONSON MEM HWY Legend St. Cloud West Village Center - Fairwinds Canal St Cloud Future Land Use HIGH DENSITY RESIDENTIAL COMMERCIAL Osceola County Future Land Use COMMERCIAL 13TH ST 13TH ST Item # V.1 LOW DENSITY RESIDENTIAL

18 St. Cloud West Village Center - Fairwinds / Zoning Map April 2016 IRLO BRONSON MEM HWY St. Cloud West Village Center - Fairwinds DRC CASE # Annexation ST CLOUD VILLAGE CT IRLO BRONSON MEM HWY Legend St. Cloud West Village Center - Fairwinds Canal Zoning R-4 HB Osceola County Zoning CG CR* AC 13TH ST 13TH ST E-1A* E-2A* Item # V.1 RS-1C*

19 Item # V.1

20 AGENDA First Reading: Item # Public Hearings Ordinance No DATE OF MEETING: MAY 26, 2016 Resolution No. First Public Hearing: 05/12/2016 Second Public Hearing: 05/26/2016 Final Action: 05/26/ /12/ Passed, motion made by Mr. Holmes seconded by Mr. Askew, vote was 5-0, all members voting, "aye". AGENDA ITEM (Brief Description) Ordinance No DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The applicant is requesting annexation of 1 acre of land into the City of St. Cloud. The subject property is located at 3820 Canoe Creek Road. The current Future Land Use is Commercial (County). The current zoning designation is R-1 Rural Development One Acre (County). The subject property is now operating as a Circle K store under a Conditional Use approved on February 20, 1986 by Osceola County Board of County Commissioners. Planning Commission will hear this request for annexation on May 17, The recommendation of the Planning Commission will be presented to the City Council at the second public hearing scheduled on May 26, FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A Item # V.2

21 CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 05/26/ /12/ Passed, motion made by Mr. Holmes seconded by Mr. Askew, vote was 5-0, all members voting, "aye". ATTACHMENTS: Description Ordinance Staff Report Applicant s response to 16 required findings Osceola County Letter Item # V.2

22 RETURN TO: CITY OF ST. CLOUD DEPT OF PLANNING AND ZONING TH STREET ST. CLOUD, FL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, TO ANNEX INTO THE CITY OF ST. CLOUD APPROXIMATELY 1 ACRE, MORE OR LESS, LOCATED AT 3820 CANOE CREEK ROAD, KNOWN AS CIRCLE K STORE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF CHAPTER , FLORIDA STATUTES. WHEREAS, the owner of the property described below, being Circle Y Groves, Inc, has petitioned the City Council of the City of St. Cloud, Florida, pursuant to Chapter , Florida Statutes, requesting annexation into the City of St. Cloud, Florida in a petition signed and dated April 4, 2016; and, WHEREAS, the City Manager of the City of St. Cloud, Florida, has certified by review of the Certificate of Title dated April 26, 2016, that the owner of the property has signed the Petition for Annexation; and, WHEREAS, the City Council has received the recommendation of Planning Commission dated May 17, 2016; and, WHEREAS, the property is reasonably compact and contiguous to the corporate areas of the City of St. Cloud, Florida and annexation will not result in the creation of any enclave; and, WHEREAS, the City of St. Cloud, Florida, has provided or will provide municipal services to the property, and has found it in the best interest of the City to accept the petition for annexation. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of St. Cloud, Florida, as follows: SECTION 1: That the following property is annexed into the City of St. Cloud, Florida, pursuant to Chapter , Florida Statutes: ALL OF LOT 77 AND THAT PART OF LOTS 67 AND 68 LYING WEST OF S.R. #523 RIGHT- OF-WAY, OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST AS PER THE PLAT OF SEMINOLE LAND AND INVESTMENT COMPANY S (INCORPORATED) SUBDIVISION OF SAID SECTION 35 AS FILED AND RECORDED IN PLAT BOOK B, PAGE 19, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. Ordinance No Circle K Store #9749 Item Page # V.2 1 of 3 DRC Case #

23 ALSO DESCRIBED AS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF FRIAR S COVE ROAD AND THE WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK ROAD, RUN THENCE NORTH WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, FEET; RUN THENCE SOUTH, PARALLEL TO THE WEST LINE OF LOT 68, ACCORDING TO SEMINOLE LAND AND INVESTMENT COMPANY S SURVEY AND PLAT OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST, RECORDED IN PLAT BOOK B, PAGE 19, OSCEOLA COUNTY, FLORIDA, FEET; RUN THENCE SOUTH EAST, FEET TO THE SAID WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK ROAD; RUN THENCE NORTH WEST ALONG SAID WESTERLY RIGHT-OF-WAY FEET TO THE POINT OF BEGINNING. INCLUDING THE FULL WIDTH OF ANY AND ALL ADJACENT RIGHTS-OF-WAY, INCLUDING THE FULL INTERSECTION. SECTION 2: The City Clerk, after consultation with the City Attorney, is authorized to correct scrivener s errors found by filing a corrected copy of this ordinance in the official records of the City. SECTION 3: That occupants and owners of the property shall be entitled and subject to all the rights, privileges, immunities, and responsibilities of occupants and owners of property in the City of St. Cloud, Florida, as provided in Chapter 171, Florida Statutes. SECTION 4: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION 5: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 12 th day of May, 2016 Second Reading on the 26 th day of May, 2016 Rebecca Borders, Mayor Ordinance No Circle K Store #9749 Item Page # V.2 2 of 3 DRC Case #

24 ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL By: Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by a Public Official: City Manager, City of St. Cloud, St. Cloud, Florida Ordinance No Circle K Store #9749 Item Page # V.2 3 of 3 DRC Case #

25 City Council Staff Report Meeting Date: 05/12/16 & 05/26/16 DRC Case # Ordinance No Annexation FLU Rezoning Type of Application Annexation/ Future Land Use Map Amendment/Rezoning Case Name Circle K Store #9749 Owner Circle Y Groves, Inc. Applicant Peter Uhlich Circle K Stores, Inc. Agent Timothy J. Bauer Progressive Development Group, Inc. Address 3820 Canoe Creek Road Parcel ID # Project Planner Shuo Liu Request The applicant is requesting annexation of 1 acre of land into the City of St. Cloud and assignment of a Future Land Use designation of Commercial and a Zoning designation of HB Highway Business. Background and Findings Annexation The subject property is located at 3820 Canoe Creek Road. The current Future Land Use is Commercial (County). The current zoning designation is R-1 Rural Development One Acre (County). Prior to approval of the proposed voluntary annexation, Florida Statutes Section requires the City to make the following findings: A. The subject property must be contiguous to the municipality and reasonably compact. The proposed annexation is reasonably compact and abutting current City Jurisdiction limits at the northeast corner. In addition, the subject properties are located within the Joint Planning Area Boundary as provided in the executed Joint Planning Area Interlocal Agreement between Osceola County and the City of St. Cloud, dated March 17, Item The # proposed V.2

26 annexation meets the requirements of Florida Statutes Section , and therefore is eligible for annexation into the City. B. The petition must bear the signatures of all owners of the subject property to be annexed. This is a voluntary annexation and the City of St. Cloud has documentation that the owner of the subject property has agreed to the voluntary annexation of Parcel into the City s Jurisdiction limits. Future Land Use The applicant is requesting a Future Land Use Map Amendment from Commercial (County) to Commercial (City). The subject property is now operating as a Circle K store under a Conditional Use approved on February 20, 1986 by Osceola County Board of County Commissioners. The current Comprehensive Plan s Future Land Use and Zoning Designations and the existing Land Uses for the adjacent properties are indicated in the table below. North Table 1: Zoning & Future Land Use of Neighboring Properties Zoning Future Land Use Existing Land Use CG, Commercial General & PUD, Planned Unit Development Low Density Residential & Commercial South RS-1A, Residential Single Family Low Density Residential Vacant (County) Single Family, detached (County) East CG, Commercial General Commercial Vacant (County) West RS-1A, Residential Single Family Low Density Residential Single Family, detached (County) CONSISTENCY WITH THE CITY OF ST. CLOUD COMPREHENSIVE PLAN In preparing the recommendation, staff reviewed the proposed amendment for consistency with the Goals, Objectives and Policies of the City of St. Cloud 2020 Comprehensive Plan. Impact Review of City Facilities Anticipated impacts to water, sewer, transportation, solid waste, drainage, recreational facilities and public schools are addressed in the sections that follow. Additionally, available capacity will be further reviewed with subsequent development applications for the site, which require technical review and must meet all Land Development Code requirements, including standards for the provision of public facilities and services. Future development Page 2 of 5 DRC Case # Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.2

27 applications will be reviewed to address improvements to the property, including access, parking, drainage and utilities. 1. Potable Water and Sanitary Sewer Demand Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 2. Transportation Facilities Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 3. Solid Waste Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 4. Parks and Recreational Facilities Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 5. Drainage Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 6. School Impact Analysis: No impact on public school according to the School Capacity Report (see Attachment). Zoning The applicant is requesting a rezoning from R-1 Rural Development One Acre (County) to HB Highway Business (City). The site has already been developed and is operating as a convenience store. The proposed Zoning designation is consistent with current land use of the property and is compatible with the proposed Future Land Use Designation, the location and the surrounding area. DRC/Staff Review On April 28, 2016, staff reviewed this application and offers no Page 3 of 5 DRC Case # Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.2

28 objection to the request. Planning Commission Recommendation Planning Commission will hear this request for Future Land Use Map Amendment on May 17, The recommendation of the Planning Commission will be presented to the City Council City Council Required Action The City Council shall review the recommendation from the Planning Commission and render a decision based on the recommendation and information presented. Attachments Ordinance No Ordinance No Ordinance No Applicant Response to the 16 Required Findings Future Land Use Map Zoning Map School Capacity Report Osceola County Letter Page 4 of 5 DRC Case # Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.2

29 SCHOOL CAPACITY REPORT The School District of Osceola County Planning Services Department SDOC # 2015/ DRC#: Current FLU: County - Commercial Requested FLU: City - Commercial PROJECT NAME: Circle K Store #9749 Current Zoning: County R-1 PROJECT LOCATION: 3820 Canoe Creek Road Requested Zoning: City - HB COMMENTS DUE DATE: April 21, 2016 PID#: No Impact on Public Schools Annexation/FLU/Zoning Page 5 of 5 DRC Case # Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.2

30 Item # V.2

31 Item # V.2

32 Item # V.2

33 Item # V.2

34 AGENDA First Reading: Item # Public Hearings Ordinance No DATE OF MEETING: MAY 26, 2016 Resolution No. First Public Hearing: 05/12/2016 Second Public Hearing: 05/26/2016 Final Action: 05/26/ /12/ Passed, motion made by Mr. Shroyer seconded by Mr. Askew, vote was 5-0, all members voting, "aye". AGENDA ITEM (Brief Description) Ordinance No DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The applicant is requesting a Future Land Use Map Amendment from Commercial (County) to Commercial (City). The subject property is located at 3820 Canoe Creek Road. The subject property is now operating as a Circle K store under a Conditional Use approved on February 20, 1986 by Osceola County Board of County Commissioners. Planning Commission will hear this request for Future Land Use Map Amendment on May 17, The recommendation of the Planning Commission will be presented to the City Council at the second public hearing scheduled on May 26, FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A Item # V.3

35 CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 05/26/ /12/ Passed, motion made by Mr. Shroyer seconded by Mr. Askew, vote was 5-0, all members voting, "aye". ATTACHMENTS: Description Ordinance Staff Report Applicant s response to 16 required findings Future Land Use Map Osceola County Letter Item # V.3

36 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING & ZONING TH STREET ST. CLOUD, FL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, ASSIGNING A FUTURE LAND USE DESIGNATION OF COMMERCIAL TO APPROXIMATELY 1 ACRE, MORE OR LESS, LOCATED AT 3820 CANOE CREEK ROAD, KNOWN AS CIRCLE K STORE; PROVIDING FOR AMENDING THE OFFICIAL FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN, FILING OF THE PLANNING COMMISSION RECOMMENDATION AND PROOF OF PUBLICATION, APPLICABILITY AND EFFECT, SEVERABILITY, COPIES ON FILE AND EFFECTIVE DATE. WHEREAS, Chapter , Florida Statutes, and Article VII, of the Charter Laws of the City of St. Cloud, allows the City Council of the City of St. Cloud to prepare and enforce a Comprehensive Plan and under such authority only lawful procedures and requirements have been met; and, WHEREAS, the City adopted the Comprehensive Plan pursuant to Chapter 163, Florida Statutes, by Ordinance , on September 26, 2002; and, WHEREAS, pursuant to Chapter , Florida Statutes, the City Council of the City of St. Cloud has determined it necessary and desirable to adopt the amended version of the City of St. Cloud, Florida, Comprehensive Plan; and, WHEREAS, this Ordinance is enacted under the authority of Chapter through and Chapter 166, Florida Statutes, as amended, reserving to the City Council of the City of St. Cloud all permitted discretionary authority; and, WHEREAS, this small scale land use amendment meets all requirements of Chapter (1) (c), Florida Statutes; and, WHEREAS, the City Council has received the recommendation of Planning Commission dated May 20, 2012; and, WHEREAS, the City Council has at least one (1) hearing on this matter consistent with the requirements of Chapter (2) Florida Statutes, and advertisement and notice being consistent with the requirements of Chapter (3) (c) 1 and 2.b., Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, as follows: SECTION 1: All information above is true and correct. SECTION 2: The City of St. Cloud, Florida, Comprehensive Plan is amended in the following respects to the property described as follows (the Property): Ordinance No Circle K Store #9749 Page 1 of 3 DRC Case # Item # V.3

37 ALL OF LOT 77 AND THAT PART OF LOTS 67 AND 68 LYING WEST OF S.R. #523 RIGHT-OF-WAY, OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST AS PER THE PLAT OF SEMINOLE LAND AND INVESTMENT COMPANY S (INCORPORATED) SUBDIVISION OF SAID SECTION 35 AS FILED AND RECORDED IN PLAT BOOK B, PAGE 19, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. ALSO DESCRIBED AS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF- WAY LINE OF FRIAR S COVE ROAD AND THE WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK ROAD, RUN THENCE NORTH WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, FEET; RUN THENCE SOUTH, PARALLEL TO THE WEST LINE OF LOT 68, ACCORDING TO SEMINOLE LAND AND INVESTMENT COMPANY S SURVEY AND PLAT OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST, RECORDED IN PLAT BOOK B, PAGE 19, OSCEOLA COUNTY, FLORIDA, FEET; RUN THENCE SOUTH EAST, FEET TO THE SAID WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK ROAD; RUN THENCE NORTH WEST ALONG SAID WESTERLY RIGHT-OF-WAY FEET TO THE POINT OF BEGINNING. A. The City of St. Cloud Future Land Use Map, 2020, is amended to show the property as "COMMERCIAL ; B. Any and all additional maps of the Comprehensive Plan are amended to show the property; C. All Goals, Objectives, Policies, and other planning provisions applicable to properties as shown and set forth in the City of St. Cloud, Florida, Comprehensive Plan apply to the property. SECTION 3: The City Manager is authorized and directed to promptly enter changes on the Official Future Land Use Map. SECTION 4: The City Clerk, after consultation with the City Attorney, is authorized to correct scrivener s errors found by filing a corrected copy of this ordinance in the official records of the City. SECTION 5: Upon adoption of this ordinance, the Planning Board recommendation and "Proof of Publication" of the required Public Hearing notices shall be filed in the Department of Planning and Zoning. SECTION 6: The applicability and effect of the City of St. Cloud, Florida, Comprehensive Plan shall be as provided by Chapter through , Florida Statutes, and this Ordinance, reserving to the City Council of the City of St. Cloud all permitted discretionary authority. SECTION 7: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. Ordinance No Circle K Store #9749 Page 2 of 3 DRC Case # Item # V.3

38 SECTION 8: A. A certified copy of the enacting ordinance and any amendments shall be filed with the Clerk of the Circuit Court. B. A certified copy of the enacting ordinance, as well as certified copies of the City of St. Cloud, Florida, Comprehensive Plan and any amendments, shall be on file and made available to the public in the office of the City Clerk of the City of St. Cloud, Florida. C. To make the City of St. Cloud, Florida, Comprehensive Plan available to the public, a certified copy of the enacting ordinance, as well as certified copies of the City of St. Cloud, Florida, Comprehensive Plan and any amendments, shall be located in the Department of Planning and Zoning of the City of St. Cloud. The Department of Planning and Zoning shall also make copies available to the public for a reasonable publication charge. SECTION 9: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 12 th day of May, 2016 Second Reading on the 26 th day of May, 2016 ATTEST: Rebecca Borders, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL By: Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and returned to a Public Official: City Manager, City of St. Cloud; th Street; St. Cloud, Florida Ordinance No Circle K Store #9749 Page 3 of 3 DRC Case # Item # V.3

39 City Council Staff Report Meeting Date: 05/12/16 & 05/26/16 DRC Case # Ordinance No Annexation FLU Rezoning Type of Application Annexation/ Future Land Use Map Amendment/Rezoning Case Name Circle K Store #9749 Owner Circle Y Groves, Inc. Applicant Peter Uhlich Circle K Stores, Inc. Agent Timothy J. Bauer Progressive Development Group, Inc. Address 3820 Canoe Creek Road Parcel ID # Project Planner Shuo Liu Request The applicant is requesting annexation of 1 acre of land into the City of St. Cloud and assignment of a Future Land Use designation of Commercial and a Zoning designation of HB Highway Business. Background and Findings Annexation The subject property is located at 3820 Canoe Creek Road. The current Future Land Use is Commercial (County). The current zoning designation is R-1 Rural Development One Acre (County). Prior to approval of the proposed voluntary annexation, Florida Statutes Section requires the City to make the following findings: A. The subject property must be contiguous to the municipality and reasonably compact. The proposed annexation is reasonably compact and abutting current City Jurisdiction limits at the northeast corner. In addition, the subject properties are located within the Joint Planning Area Boundary as provided in the executed Joint Planning Area Interlocal Agreement between Osceola County and the City of St. Cloud, dated March 17, Item The # proposed V.3

40 annexation meets the requirements of Florida Statutes Section , and therefore is eligible for annexation into the City. B. The petition must bear the signatures of all owners of the subject property to be annexed. This is a voluntary annexation and the City of St. Cloud has documentation that the owner of the subject property has agreed to the voluntary annexation of Parcel into the City s Jurisdiction limits. Future Land Use The applicant is requesting a Future Land Use Map Amendment from Commercial (County) to Commercial (City). The subject property is now operating as a Circle K store under a Conditional Use approved on February 20, 1986 by Osceola County Board of County Commissioners. The current Comprehensive Plan s Future Land Use and Zoning Designations and the existing Land Uses for the adjacent properties are indicated in the table below. North Table 1: Zoning & Future Land Use of Neighboring Properties Zoning Future Land Use Existing Land Use CG, Commercial General & PUD, Planned Unit Development Low Density Residential & Commercial South RS-1A, Residential Single Family Low Density Residential Vacant (County) Single Family, detached (County) East CG, Commercial General Commercial Vacant (County) West RS-1A, Residential Single Family Low Density Residential Single Family, detached (County) CONSISTENCY WITH THE CITY OF ST. CLOUD COMPREHENSIVE PLAN In preparing the recommendation, staff reviewed the proposed amendment for consistency with the Goals, Objectives and Policies of the City of St. Cloud 2020 Comprehensive Plan. Impact Review of City Facilities Anticipated impacts to water, sewer, transportation, solid waste, drainage, recreational facilities and public schools are addressed in the sections that follow. Additionally, available capacity will be further reviewed with subsequent development applications for the site, which require technical review and must meet all Land Development Code requirements, including standards for the provision of public facilities and services. Future development Page 2 of 5 DRC Case # Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.3

41 applications will be reviewed to address improvements to the property, including access, parking, drainage and utilities. 1. Potable Water and Sanitary Sewer Demand Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 2. Transportation Facilities Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 3. Solid Waste Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 4. Parks and Recreational Facilities Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 5. Drainage Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 6. School Impact Analysis: No impact on public school according to the School Capacity Report (see Attachment). Zoning The applicant is requesting a rezoning from R-1 Rural Development One Acre (County) to HB Highway Business (City). The site has already been developed and is operating as a convenience store. The proposed Zoning designation is consistent with current land use of the property and is compatible with the proposed Future Land Use Designation, the location and the surrounding area. DRC/Staff Review On April 28, 2016, staff reviewed this application and offers no Page 3 of 5 DRC Case # Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.3

42 objection to the request. Planning Commission Recommendation Planning Commission will hear this request for Future Land Use Map Amendment on May 17, The recommendation of the Planning Commission will be presented to the City Council City Council Required Action The City Council shall review the recommendation from the Planning Commission and render a decision based on the recommendation and information presented. Attachments Ordinance No Ordinance No Ordinance No Applicant Response to the 16 Required Findings Future Land Use Map Zoning Map School Capacity Report Osceola County Letter Page 4 of 5 DRC Case # Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.3

43 SCHOOL CAPACITY REPORT The School District of Osceola County Planning Services Department SDOC # 2015/ DRC#: Current FLU: County - Commercial Requested FLU: City - Commercial PROJECT NAME: Circle K Store #9749 Current Zoning: County R-1 PROJECT LOCATION: 3820 Canoe Creek Road Requested Zoning: City - HB COMMENTS DUE DATE: April 21, 2016 PID#: No Impact on Public Schools Annexation/FLU/Zoning Page 5 of 5 DRC Case # Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.3

44 Item # V.3

45 Item # V.3

46 Item # V.3

47 FOREST CIR Circle K Store #9749 / Future Land Use Map April 2016 FRIARS COVE RD DEER RUN RD CANOE CREEK RD Circle K Store #9749 DRC # Annexation, FLU Map Amendment & Rezoning Legend Circle K Store #9749 St Cloud Future Land Use LOW DENSITY RESIDENTIAL Osceola County Future Land Use COMMERCIAL Item # V.3 LOW DENSITY RESIDENTIAL

48 Item # V.3

49 AGENDA First Reading: Item # Public Hearings Ordinance No DATE OF MEETING: MAY 26, 2016 Resolution No. First Public Hearing: 05/12/2016 Second Public Hearing: 05/26/2016 Final Action: 05/26/ /12/ Passed, motion made by Mr. Holmes seconded by Mr. Shroyer, vote was 5-0, all members voting, "aye". AGENDA ITEM (Brief Description) Ordinance No DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The applicant is requesting a rezoning from R-1 Rural Development One Acre (County) to HB Highway Business (City). The subject property is located at 3820 Canoe Creek Road. The subject property is now operating as a Circle K store under a Conditional Use approved on February 20, 1986 by Osceola County Board of County Commissioners. The proposed Zoning designation is consistent with current land use of the property and is compatible with the proposed Future Land Use Designation, the location and the surrounding area. Planning Commission will hear this request for rezoning on May 17, The recommendation of the Planning Commission will be presented to the City Council at the second public hearing scheduled on May 26, FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: Item # V.4

50 N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 05/26/ /12/ Passed, motion made by Mr. Holmes seconded by Mr. Shroyer, vote was 5-0, all members voting, "aye". ATTACHMENTS: Description Ordinance Staff Report Applicant s response to 16 required findings Zoning Map Osceola County Letter Item # V.4

51 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING AND ZONING TH STREET ST. CLOUD, FL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, ASSIGNING A ZONING DISTRICT OF "HB HIGHWAY BUSINESS, COMPATIBLE WITH A COMMERCIAL FUTURE LAND USE DESIGNATION CHANGE, ADOPTED BY ORDINANCE NO , FOR APPROXIMATELY 1 ACRE, MORE OR LESS, LOCATED AT 3820 CANOE CREEK ROAD, KNOWN AS CIRCLE K STORE; PROVIDING FOR ENTERING THE DESIGNATION ON THE OFFICIAL ZONING MAP, FILING OF THE PLANNING COMMISSION RECOMMENDATION AND PROOF OF PUBLICATION, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, zoning districts are required to be consistent with Comprehensive Plan of the City of St. Cloud; and, WHEREAS, the City Council of the City of St. Cloud Ordinance No has amended the Future Land Use Map of the Comprehensive Plan designating the property as "Commercial ; and WHEREAS, the proposed zoning is consistent with the Commercial designation; and, WHEREAS, the property described below is less than five percent (5%) of the total land area of the City of St. Cloud; and, WHEREAS, the City Council has received the recommendation of the Planning Commission dated May 17, 2016; and, WHEREAS, the City Council has held a Public Hearing on this matter after public notice has been provided, as required by law; and, WHEREAS, it is in the best interest of the City of St. Cloud and its citizens that the proposed rezoning be approved. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of St. Cloud, Florida, as follows: SECTION 1: That Ordinance No. 87-HH of the City of St. Cloud, Florida, passed and adopted October 1, 1987, and any amendments to the ordinance, being the Land Development Code of the City of St. Cloud, Florida, is hereby amended to include and designate on the Official Zoning Map a HB Highway Business zoning district classification for the following property: Ordinance No Page 1 of 3 Circle K Store #9749 DRC Case # Item # V.4

52 ALL OF LOT 77 AND THAT PART OF LOTS 67 AND 68 LYING WEST OF S.R. #523 RIGHT-OF-WAY, OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST AS PER THE PLAT OF SEMINOLE LAND AND INVESTMENT COMPANY S (INCORPORATED) SUBDIVISION OF SAID SECTION 35 AS FILED AND RECORDED IN PLAT BOOK B, PAGE 19, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. ALSO DESCRIBED AS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF- WAY LINE OF FRIAR S COVE ROAD AND THE WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK ROAD, RUN THENCE NORTH WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, FEET; RUN THENCE SOUTH, PARALLEL TO THE WEST LINE OF LOT 68, ACCORDING TO SEMINOLE LAND AND INVESTMENT COMPANY S SURVEY AND PLAT OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST, RECORDED IN PLAT BOOK B, PAGE 19, OSCEOLA COUNTY, FLORIDA, FEET; RUN THENCE SOUTH EAST, FEET TO THE SAID WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK ROAD; RUN THENCE NORTH WEST ALONG SAID WESTERLY RIGHT-OF-WAY FEET TO THE POINT OF BEGINNING. SECTION 2: The property is rezoned to HB Highway Business, making applicable all provisions of the Land Development Code of the City of St. Cloud, Florida. SECTION 3: The City Manager or his/her designee is authorized and directed to promptly enter such change on the Official Zoning Map. SECTION 4: The City Clerk, after consultation with the City Attorney, is authorized to correct scrivener s errors found by filing a corrected copy of this ordinance in the official records of the City. SECTION 5: Upon adoption of this ordinance, the Planning Board recommendation and "Proof of Publication" of the required Public Hearing notices shall be filed in the Department of Planning and Zoning. SECTION 6: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. Ordinance No Page 2 of 3 Circle K Store #9749 DRC Case # Item # V.4

53 SECTION 7: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 12 th day of May, 2016 Second Reading on the 26 th day of May, 2016 ATTEST: Rebecca Borders, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL By: Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return to a Public Official: City Manager, City of St. Cloud; th Street; St. Cloud, Florida Ordinance No Page 3 of 3 Circle K Store #9749 DRC Case # Item # V.4

54 City Council Staff Report Meeting Date: 05/12/16 & 05/26/16 DRC Case # Ordinance No Annexation FLU Rezoning Type of Application Annexation/ Future Land Use Map Amendment/Rezoning Case Name Circle K Store #9749 Owner Circle Y Groves, Inc. Applicant Peter Uhlich Circle K Stores, Inc. Agent Timothy J. Bauer Progressive Development Group, Inc. Address 3820 Canoe Creek Road Parcel ID # Project Planner Shuo Liu Request The applicant is requesting annexation of 1 acre of land into the City of St. Cloud and assignment of a Future Land Use designation of Commercial and a Zoning designation of HB Highway Business. Background and Findings Annexation The subject property is located at 3820 Canoe Creek Road. The current Future Land Use is Commercial (County). The current zoning designation is R-1 Rural Development One Acre (County). Prior to approval of the proposed voluntary annexation, Florida Statutes Section requires the City to make the following findings: A. The subject property must be contiguous to the municipality and reasonably compact. The proposed annexation is reasonably compact and abutting current City Jurisdiction limits at the northeast corner. In addition, the subject properties are located within the Joint Planning Area Boundary as provided in the executed Joint Planning Area Interlocal Agreement between Osceola County and the City of St. Cloud, dated March 17, Item The # proposed V.4

55 annexation meets the requirements of Florida Statutes Section , and therefore is eligible for annexation into the City. B. The petition must bear the signatures of all owners of the subject property to be annexed. This is a voluntary annexation and the City of St. Cloud has documentation that the owner of the subject property has agreed to the voluntary annexation of Parcel into the City s Jurisdiction limits. Future Land Use The applicant is requesting a Future Land Use Map Amendment from Commercial (County) to Commercial (City). The subject property is now operating as a Circle K store under a Conditional Use approved on February 20, 1986 by Osceola County Board of County Commissioners. The current Comprehensive Plan s Future Land Use and Zoning Designations and the existing Land Uses for the adjacent properties are indicated in the table below. North Table 1: Zoning & Future Land Use of Neighboring Properties Zoning Future Land Use Existing Land Use CG, Commercial General & PUD, Planned Unit Development Low Density Residential & Commercial South RS-1A, Residential Single Family Low Density Residential Vacant (County) Single Family, detached (County) East CG, Commercial General Commercial Vacant (County) West RS-1A, Residential Single Family Low Density Residential Single Family, detached (County) CONSISTENCY WITH THE CITY OF ST. CLOUD COMPREHENSIVE PLAN In preparing the recommendation, staff reviewed the proposed amendment for consistency with the Goals, Objectives and Policies of the City of St. Cloud 2020 Comprehensive Plan. Impact Review of City Facilities Anticipated impacts to water, sewer, transportation, solid waste, drainage, recreational facilities and public schools are addressed in the sections that follow. Additionally, available capacity will be further reviewed with subsequent development applications for the site, which require technical review and must meet all Land Development Code requirements, including standards for the provision of public facilities and services. Future development Page 2 of 5 DRC Case # Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.4

56 applications will be reviewed to address improvements to the property, including access, parking, drainage and utilities. 1. Potable Water and Sanitary Sewer Demand Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 2. Transportation Facilities Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 3. Solid Waste Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 4. Parks and Recreational Facilities Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 5. Drainage Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 6. School Impact Analysis: No impact on public school according to the School Capacity Report (see Attachment). Zoning The applicant is requesting a rezoning from R-1 Rural Development One Acre (County) to HB Highway Business (City). The site has already been developed and is operating as a convenience store. The proposed Zoning designation is consistent with current land use of the property and is compatible with the proposed Future Land Use Designation, the location and the surrounding area. DRC/Staff Review On April 28, 2016, staff reviewed this application and offers no Page 3 of 5 DRC Case # Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.4

57 objection to the request. Planning Commission Recommendation Planning Commission will hear this request for Future Land Use Map Amendment on May 17, The recommendation of the Planning Commission will be presented to the City Council City Council Required Action The City Council shall review the recommendation from the Planning Commission and render a decision based on the recommendation and information presented. Attachments Ordinance No Ordinance No Ordinance No Applicant Response to the 16 Required Findings Future Land Use Map Zoning Map School Capacity Report Osceola County Letter Page 4 of 5 DRC Case # Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.4

58 SCHOOL CAPACITY REPORT The School District of Osceola County Planning Services Department SDOC # 2015/ DRC#: Current FLU: County - Commercial Requested FLU: City - Commercial PROJECT NAME: Circle K Store #9749 Current Zoning: County R-1 PROJECT LOCATION: 3820 Canoe Creek Road Requested Zoning: City - HB COMMENTS DUE DATE: April 21, 2016 PID#: No Impact on Public Schools Annexation/FLU/Zoning Page 5 of 5 DRC Case # Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.4

59 Item # V.4

60 Item # V.4

61 Item # V.4

62 FOREST CIR Circle K Store #9749 / Zoning Map April 2016 FRIARS COVE RD DEER RUN RD CANOE CREEK RD Circle K Store #9749 DRC # Annexation, FLU Map Amendment & Rezoning Legend Circle K Store #9749 Zoning PUD Osceola County Zoning CG AC R-1* Item # V.4 RS-1A*

63 Item # V.4

64 AGENDA First Reading: Item # Public Hearings Ordinance No DATE OF MEETING: MAY 26, 2016 Resolution No. First Public Hearing: 05/26/2016 Second Public Hearing: 06/09/2016 Final Action: 05/26/ /09/2016 AGENDA ITEM (Brief Description) Ordinance No DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item Ordinance No will create the City s first chicken-keeping program as requested by the residents of St. Cloud and the City Council. This ordinance is based on the existing programs in Winter Garden, Maitland, Bonita Springs and Ft. Myers. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: Item # V.5

65 05/26/ /09/2016 ATTACHMENTS: Description Ordinance Staff Report Item # V.5

66 RETURN TO: CITY OF ST. CLOUD DEPT OF PLANNING AND ZONING th Street ST. CLOUD, FL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA AMENDING THE CITY CODE OF THE CITY OF ST. CLOUD, FLORIDA TO INCLUDE CHAPTER 8 - ANIMALS, SECTION 8-2. NUMBER OF PET ANIMALS RESTRICTED, AND THE REPLACEMENT OF SECTION 8-3. KEEPING POULTRY, DOMESTIC FOWL IN ITS ENTIRETY, PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ST. CLOUD, FLORIDA, as follows: SECTION I Chapter 8, Section 8-2. Number of pet animals restricted of the City Code of the City of St. Cloud is hereby amended as follows (note strikethrough indicates removed words and underlined indicates added): Section 8-2. Number of pet animals restricted. It shall be unlawful for any person to keep on a single premises within the city more than three pet animals, such as dogs, cats, rabbits or other animals, excluding therefrom tropical or exotic fish, but including birds maintained outside the living area of the residential structure; provided that for a period of not more than ten weeks after birth of offspring of such pet animals, they may be kept on the premises. Where otherwise permitted, nothing contained in this section shall prohibit any duly licensed business entity in such business from keeping for sale, or any duly licensed doctor of veterinary medicine from keeping, any reasonable number of such small animals. An exemption to this section is granted by Section 8-3. Chicken-keeping program. The holder of a valid chicken-keeping permit is allowed a maximum of four (4) chickens in addition to the three (3) pet animals already permitted by this section. SECTION II Chapter 8, Section 8-3. Keeping poultry, domestic fowl of the City of St. Cloud City Code is hereby replaced in its entirety as follows: Section Chicken-keeping program. The City of St. Cloud has established a chicken-keeping program allowing residents to keep or raise chickens, and for the purpose of this Section, the term chicken refers to female chickens only (i.e. hens). Throughout the City, a total of fifty (50) permits for chicken-keeping shall be issued on a first-come, first-served basis per year, and only one permit per single-family residence shall be allowed. Tenants that rent a detached, single-family dwelling are required to obtain a notarized letter of authorization from the property owner before a chicken-keeping permit shall be issued. City of St. Cloud staff shall be permitted to perform follow-up inspections on the premises where permits have been issued for the keeping of chickens. Inspections shall be to ensure that all of the program criteria are being met. The city shall provide forty-eight-hour notice to permit holders prior to performing inspections. Ordinance No City Code Amendment Chicken-keeping Item # Page V.5 1 of 5 DRC Case #

67 A. Chicken-keeping as an accessory use. Chicken-keeping shall be permitted as an accessory use within single-family residential zoning designations, where the lot or parcel is occupied by a single-family detached residence. Chickens shall not be kept at residential property with a townhome, duplex, condominium, apartment, or other multi-family residential unit. Permission for chicken-keeping within the St. Cloud city limits shall be subject to the following standards and conditions: 1. In order to obtain a permit for chicken-keeping, an applicant shall submit an application for a building permit site plan to the Planning & Zoning department, including a scaled drawing showing the location, of the proposed chicken coop and fenced pen area. The chicken coop and fenced pen area shall meet the following requirements: a. The maximum size of the coop and pen area shall be one hundred and twenty (120) square feet. A building permit from the building division will be required. The application submittal shall show construction materials and methods as well as anchoring methods, such as tie-downs. Mobile coops shall be prohibited unless properly anchored to the satisfaction of the building department. b. The maximum height of a coop and the pen fence around the coop shall be six (6) feet, as measured from the existing grade to the highest part of the coop or fence. c. The coop and pen area shall be located in the rear yard of the single-family detached residence. The coop and pen shall be set back a minimum of five (5) feet from the side and rear lot lines and a minimum of twenty (20) feet from any side street, so long as the coop and pen area shall be at least twenty-five (25) feet from any residential structure on an adjoining lot. d. Chicken coops and pens shall be completely screened from adjacent roadways and neighboring parcels by a six-foot tall opaque fence or wall erected on the property line. A chain-link fence, chainlink fence with slats, or similar fence shall not constitute an opaque wall or fence. e. Nothing in this section shall prevent construction of a coop and pen to abut the rear of an applicant's house, so long as it otherwise meets the requirements of this Code. f. Chicken coops shall be covered and ventilated, and a fenced pen enclosure/run is required. The coop and pen must be constructed in a way that establishes a clean, safe and pleasant environment free of odor, vermin, noise, and disease. g. All enclosures for the keeping of chickens shall be so constructed and maintained as to prevent rodents or other pests from being harbored underneath, within, or within the walls of the enclosure. Chicken coops must be impermeable to rodents, wild birds, predators and weather, including all openings, ventilation holes, doors and gates. Enclosures shall be kept in neat condition, including provision of clean, dry bedding materials and regular removal of waste materials, so as to not create an odor. h. The space per bird in the coop shall not be less than three (3) square feet. i. All chicken feed shall be kept in a secured and covered metal or plastic container, or otherwise protected so as to prevent rodents and other pests from gaining access to it. j. A signed and notarized affidavit is required to be submitted with all chicken-keeping permit petitions. The affidavit shall state that the chicken coop and pen will be designed, constructed and operated to the standards outlined in the City of St. Cloud's Code of Ordinances. The affidavit shall also state Ordinance No City Code Amendment Chicken-keeping Item # Page V.5 2 of 5 DRC Case #

68 that the drawings submitted as part of the petition are a reasonably accurate representation of the subject site features and adjacent properties. 2. The application for a chicken-keeping permit shall include proof to the Planning & Zoning department that the applicant has attended and successfully completed a class at the University of Florida Agricultural Extension Service on the care and raising of chickens. 3. One backyard hen per 800 square feet of total lot area, with a maximum of four (4) chickens may be kept on a lot or parcel with a detached single-family residence. 4. Once a chicken-keeping permit has been issued, the location will be subject to an annual inspection to ensure that the area is being maintained in a manner that is safe and sanitary for the animals and does not burden the neighbors. 5. If this section is repealed, the city will mail notices to each active permit holder advising that they will need to relocate their chickens, providing them at least sixty (60) days notice from the adoption of any ordinance repealing chicken-keeping permits. 6. Nothing herein shall be construed or interpreted to mean that chickens are permitted where private covenants or restrictions prohibit such use, or where rules promulgated under such covenants and restrictions prohibit such use. 7. If a resident decides not to continue with their permit, if the permit is revoked, or this section is repealed, the resident is responsible for finding appropriate homes for the chickens within fifteen (15) days. In addition, a final inspection shall be completed in thirty (30) days to insure that the chickens, coop, and pen have been removed from the property. 8. The city council hereby establishes a fee of fifty dollars ($50.00) to process new petitions, and a fee of twenty-five dollars ($25.00) for annual renewals of any existing permits for residential chicken-keeping. The fees associated with the required building permit and the local UFL Agricultural Extension Service s care and raising chicken class are not included in the permit fees for residential chicken-keeping. C. Health, sanitation and nuisance as applied to the keeping of chickens 1. Chickens shall be housed at all times within a covered coop or fenced pen area, except that they may be removed from the coop or fenced pen area by a resident or visitor of the home, provided the resident keeps them under his or her continuous custody and control while they are outside the coop or fenced pen area. Chickens must be secured within the chicken coop during non-daylight hours. 2. Chickens shall not be permitted to trespass on neighboring properties, run at large, be released or set free at any time. 3. Chickens are allowed to be kept in single-family residential areas for noncommercial purposes in order to produce eggs for consumption. Eggs or manure produced by the chickens shall not be sold or utilized for commercial purposes. 4. Chickens shall not be bred or slaughtered on the premises. 5. All deceased chickens shall be properly disposed of off-site within 24 hours of expiring. 6. Roosters and poultry or fowl other than chickens shall be prohibited City-wide. D. Revocation and transfer of permits 1. Revocation. A permit may be revoked by the city for the following reasons: a. If a permit holder fails to obtain chickens within six (6) months of obtaining the permit. Ordinance No City Code Amendment Chicken-keeping Item # Page V.5 3 of 5 DRC Case #

69 SECTION III b. If a permit holder discontinues raising chickens for a six (6) month period. c. If any condition of the chicken-keeping permit has been violated, the city may revoke the permit immediately if the violation has not been remedied after seven (7) days notice. d. Revocation may also occur if there are more than three separate violations occurring in a 90-day period arising from the backyard chickens, such as loud noise at night, offensive smells, or roaming at large. e. If revoked, neither the resident nor anyone else on the same premises may reapply for a period for twelve (12) months from the date of revocation. All chickens must be removed from the property during any time the permit is revoked. f. A person aggrieved by a decision to deny or revoke a chicken-keeping permit may appeal to the city manager. 2. Transfer. A permit issued pursuant to this section shall not be transferred to a subsequent property owner. Any subsequent property owner will be required to reapply for a permit pursuant to this section if the subsequent property owner wants chickens. 3. Relocation. Any active permit holder who relocates to a new location may apply for a chickenkeeping permit without having to be waitlisted behind property owners who do not currently have a permit. The reason is to allow continuity of ownership for existing chickens in the City of St. Cloud. 4. Cancellation. If a participant chooses to leave the program, they must provide notice to the city and remove the coop and pen within thirty (30) days of the notice being given. Once a permit is surrendered, the city is authorized to re-issue the permit to another qualified applicant. SEVERABILITY. It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION IV CONFLICTS. This action supersedes all codes and ordinances of the City or parts of, in conflict with this ordinance, to the extent of the conflict. SECTION V CODIFICATION. Sections I and II of this Ordinance shall be codified in the Land Development Code for the City of St. Cloud, Florida, separate and apart from the Code of St. Cloud. The codifier is authorized to make editorial changes not affecting the substance of this ordinance in the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise take such editorial license. SECTION VI SCRIVENER S ERRORS. The City Clerk, after consultation with the City Attorney, is authorized to correct scrivener s errors found by filing a corrected copy of this ordinance in the official records of the City. SECTION VII EFFECTIVE DATE. This ordinance has been published and shall take effect as provided by law. Ordinance No City Code Amendment Chicken-keeping Item # Page V.5 4 of 5 DRC Case #

70 FIRST READING ON THE 26 TH DAY OF MAY, 2016 SECOND READING ON THE 9 TH DAY OF JUNE, 2016 ATTEST: Rebecca Borders, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: de Beaubien, Knight, Simmons, Mantzaris & Neal Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return to a Public Official: City Manager, City of St. Cloud, th Street, St. Cloud, Florida Ordinance No City Code Amendment Chicken-keeping Item # Page V.5 5 of 5 DRC Case #

71 PLANNING AND ZONING DEPARTMENT 1300 NINTH STREET, BUILDING A, FIRST FLOOR ST. CLOUD, FLORIDA FAX TO: FROM: Mayor Rebecca Borders and Members of the City Council Planning & Zoning Department DATE: May 13, 2016 SUBJECT: Ordinance No Ordinance No will create the City s first chicken-keeping program as requested by the residents of St. Cloud and the City Council. This ordinance is based on the existing programs in Winter Garden, Maitland, Bonita Springs and Ft. Myers. The following criteria are included as part of the ordinance authorizing chicken-keeping in the city limits of St. Cloud: Only 50 permits are allowed per year; Chicken-keeping is limited to single-family detached residences only; A maximum of 4 chickens/hens are allowed. No roosters or other fowl are permitted; The chicken coop and pen shall meet the setback requirements for an accessory structure and cannot be located within 25 ft of any neighboring dwellings; The construction of the coop and pen will require a building permit; The rear yard must be surrounded by a 6 ft. opaque fence All enclosures must be designed to prevent rodents and other pests from getting inside or under the coop or pen; Chickens are not allowed to roam free; Applicants must attend and complete a class on the care and raising of chickens offered by the University of Florida Agricultural Extension Service before a permit can be issued; Annual inspections are required as part of the renewal process; No breeding or slaughtering is allowed on the premise; If 3 separate violations occur in a 90-day period, the permit can be revoked; The fees are $50 for new permits and $25 for renewals. Item # V.5

72 AGENDA First Reading: Item # Public Hearings Ordinance No DATE OF MEETING: MAY 26, 2016 Resolution No. First Public Hearing: 05/26/2016 Second Public Hearing: 06/09/2016 Final Action: 05/26/ /09/2016 AGENDA ITEM (Brief Description) Ordinance No DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item Recently the Osceola County Landlord Association requested that the City of St. Cloud revise the manner that the Landlord Business Tax is assessed. Currently, it is assessed annually per property. Ordinance No will revise the City Code to assess the Landlord Business Tax to each property owner annually regardless of the number of properties they own. FINANCE DIRECTOR'S COMMENTS: If this change is approved annual revenues are projected to decrease by $26, This will be offset by additional revenues generated by the recently approved increase in other building and planning review fees. Recommended for approval by Finance Director. PURCHASING MANAGER'S COMMENTS: CITY MANAGER'S COMMENTS: Item # V.6

73 CITY COUNCIL ACTION: 05/26/ /09/2016 ATTACHMENTS: Description Ordinance No Staff Report Comparison request Item # V.6

74 RETURN TO: CITY OF ST. CLOUD DEPT OF PLANNING AND ZONING th Street ST. CLOUD, FL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA AMENDING THE CITY CODE OF THE CITY OF ST. CLOUD, FLORIDA TO INCLUDE CHAPTER 40, ARTICLE IV, SECTION LANDLORD, OWNER OF RENTAL PROPERTY (IES), AND SECTION SCHEDULE OF LOCAL BUSINESS TAX FEES, PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ST. CLOUD, FLORIDA, as follows: SECTION 1 Chapter 40, Article IV, Section Landlord, owner of rental property(ies) of the City of St. Cloud Code is hereby amended as follows (note strikethrough indicates removed words and underlined indicates added): Any person or entity owning property comprised of four rental units or less on one parcel within the city limits of St. Cloud who rents or leases said property shall obtain a local business tax receipt for each separate parcel. The local business tax fee will be accessed assessed by property ownerparcel and not the number of units on said parcel. SECTION II Chapter 40, Article IV, Section Schedule of local business tax fees is hereby amended as follows (note strikethrough indicates removed words and underlined indicates added): (1) Beauty/barber shop Minor... $56.28 (2) Beauty/barber shop Major (3) Contractor, state licensed (4) Contractor, not state licensed (5) Bar/lounge, no food (6) Bar/lounge, with food (7) Entertainment/recreation (8) Financial/lending (9) Food service (10) Gas station Minor (gas only) (11) Gas station Major (12) Healthcare professional (13) Healthcare facility Minor (14) Healthcare facility Major (w/ salon, gift shop) Item # V.6 Ordinance No City Code Amendment Local Business Tax Page 1 of 5

75 (15) Housing/lodging (over 4 units) (16) Industry (17) Insurance agent (18) Landlord (4 units or less) per rental location (19) Manufacturing (20) Professional (21) Professional establishment (22) Retail/wholesale Minor (no state req.) (23) Retail/wholesale Major (state lic.) (24) School/training/education (25) Seasonal sales (Christmas tree) (26) Service (27) Available (28) Warehouse, mini-warehouse, storage (29) Available (30) Utility (31) Vending/coin operated machine, per machine (32) Occupations not listed (33) Insurance company SECTION III SEVERABILITY. It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION III CONFLICTS. This action supersedes all codes and ordinances of the City or parts of, in conflict with this ordinance, to the extent of the conflict. SECTION IV CODIFICATION. Sections I and II of this Ordinance shall be codified in the Land Development Code for the City of St. Cloud, Florida, separate and apart from the Code of St. Cloud. The codifier is authorized to make editorial changes not affecting the substance of this ordinance in the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise take such editorial license. SECTION V SCRIVENER S ERRORS. The City Clerk, after consultation with the City Attorney, is authorized to correct scrivener s errors found by filing a corrected copy of this ordinance in the official records of the City. Item # V.6 Ordinance No City Code Amendment Local Business Tax Page 2 of 5

76 SECTION VI EFFECTIVE DATE. This ordinance has been published and shall take effect as provided by law for all Landlord Business Tax Receipts due on September 1, 2016 for the 2017 Business Tax Receipt Year. FIRST READING ON THE 26 TH DAY OF MAY, 2016 SECOND READING ON THE 9 TH DAY OF JUNE, 2016 ATTEST: Rebecca Borders, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: de Beaubien, Knight, Simmons, Mantzaris & Neal Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return to a Public Official: City Manager, City of St. Cloud, th Street, St. Cloud, Florida Item # V.6 Ordinance No City Code Amendment Local Business Tax Page 3 of 5

77 PLANNING AND ZONING DEPARTMENT 1300 NINTH STREET, BUILDING A, FIRST FLOOR ST. CLOUD, FLORIDA FAX TO: FROM: Mayor Rebecca Borders and Members of the City Council Planning & Zoning Department DATE: May 13, 2016 SUBJECT: Ordinance No Recently the Osceola County Landlord Association requested that the City of St. Cloud revise the manner that the Landlord Business Tax is assessed. Currently, it is assessed annually per property. Ordinance No will revise the City Code to assess the Landlord Business Tax to each property owner annually regardless of the number of properties they own. The manner that Management Companies are assessed will continue unchanged. Application fees and Certificate of Use Renewals are not revised by this ordinance. The summary table below reflects the current amount collected by year in comparison to the amount that could have been collected if duplicate property owners that have paid the Landlord Business Tax Receipt are removed. Please note that these numbers are approximate. Landlord Business Tax Total amount collected including application and late fees etc Total amount collected of full year tax amounts excluding application and late fees Amount that would have been collected using only the full year amount (excluding application and late fees) when duplicate property owners names are removed Difference Total number Landlord Business Tax Receipts at full year amount only Revised number of Landlord Business Tax Receipts when duplicate property owners names are removed 2016 $ 82, $ 74, $ 47, $ 26, ,113 1,340 **2015 $ 78, $ 62, $ 40, $ 21, ,787 1, $ 43, $ 40, $ 27, $ 13, , $ 42, $ 39, $ 27, $ 11, , $ 37, $ 34, $ 24, $ 10, , $ 36, $ 34, $ 24, $ 10, , ** The number of Landlord Business Tax Receipts increased following the May 2014 initiative to reduce squatters through new utility connection requirement that a Landlord Business Tax Receipt is on file Item # V.6

78 Comparison of Landlord Business Tax Receipt Assessment Location Notes Coral Springs registration fee $ Delray Beach unit $ property minimum $ City of Green Acres per unit for properties with 3 or more $ Rental Leasing Office $ Hollywood Residential Rental Properties $61 + $25 app fee Kissimmee Apartments 2 or more 4 per unit Rental houses 2 or more $6 per unit to $60 max Single Family House $ apartments $ Lake Worth 2 to 4 $ to 9 $ to 20 $ Over per unit Miami-Dade County apartments City = 60; county = $100 5 to 10 units Orange Square footage $55.13 to $ Plus Number of workers $55.13 to $ Orlando 10 or less - $33.08; Plus Number of rooms, units or 11 to $11.03 each; apartments Over $5.51 each Osceola County $30 Depends on ownership & number of rentals also St. Cloud Landlord per rental location 4 units or less $35.16 Sanford Apartment or other rental unit (with 3 $10 per unit; or more units) $150 max Seminole Square footage or number of units apartments $1.43 per room Tampa Rental house $ boardinghouse 0-3 persons Additional Winter Garden Boardinghouse/Roominghouse 3 or more non-related $81.90 Property Management (apartments/condo/other rentals) $86.00 Item # V.6

79 Veronica Miller From: Sent: To: Subject: Tom Long Tuesday, May 10, :28 AM Veronica Miller Fwd: Rental property business license From Tom Long Osceola County Landlord Association centralfloridalandlord.com Florida Non-Profit N This is intended for OCLA members ONLY, reprint is strictly prohibited. Further transmission to you by the sender of this may be stopped by sending a reply to this address with the word "remove" in the subject line. Section 301. Per section 301Paragraph (a)(2)(c) of Section Original Message----- From: Tom Long <cfl231@aol.com> To: joe.helfenberger <joe.helfenberger@stcloud.org> Sent: Thu, Apr 21, :01 am Subject: Rental property business license Mr. Helfenberger, Osceola County requires only one business license to cover all rental properties owned by an owner. At one time, so did St. Cloud. Many Cities, such as Clearwater, only require one. many Cities, like Edgewater, do not require a license at all for any rental property under 8 units. I believe St. Cloud could at least return to a single license to cover all of an owners properties without undo hardship to the City. I have taken the stand that government is what keeps the less fortunate from getting ahead. Those are the citizens living in rentals. Rental units make up over 40% of all residential properties in St. Cloud and already are not afforded the homestead exemption and the value can climb by 10% annually, while homestead are limited to 3%. St. Cloud, along with the County's property tax, have already built in next years rent increase. I am asking St. Cloud to eliminate or greatly reduce this nuisance tax by requiring only one license to cover all rental properties owned by the same entity. Thank you for your consideration in this matter. From Tom Long 1 Item # V.6

80 Osceola County Landlord Association centralfloridalandlord.com Florida Non-Profit N This is intended for OCLA members ONLY, reprint is strictly prohibited. Further transmission to you by the sender of this may be stopped by sending a reply to this address with the word "remove" in the subject line. Section 301. Per section 301Paragraph (a)(2)(c) of Section Item # V.6

81 AGENDA First Reading: 05/26/2016 Item # Public Hearings Ordinance No DATE OF MEETING: MAY 26, 2016 Resolution No. First Public Hearing: 05/26/2016 Second Public Hearing: 06/09/2016 Final Action: 05/26/ First Public Hearing 06/09/ Second and Final Public Hearing AGENDA ITEM (Brief Description) Ordinance No DEPARTMENT SUMMARY: COST OF PROJECT: No cost assoicated with this item. Ordinance No , an ordinance of the City of St. Cloud amending Chapter 2, Administration Article II, City Council, Division 1, Generally, Section 2-31, Salary to provide and establish City Council salaries based on future population growth, providing an effective date, providing that Council Member holding a Council seat as of the date that this ordinance is adopted, shall not be eligible for an increase unless that Council Member has been reelected or reappointed after final adoption hereof; providing for severability, conflict, and codification. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Item # V.7

82 CITY COUNCIL ACTION: 05/26/ First Public Hearing 06/09/ Second and Final Public Hearing ATTACHMENTS: Description Cover memo Ordinance Item # V.7

83 Attorneys and Counselors at Law Post Office Box North Magnolia Avenue Orlando, Florida (407) Telefax (407) Writer s dfm14@dbksmn.com M E M O R A N D U M TO : Mayor Borders and Council Members FROM : Daniel F. Mantzaris DATE : May 3, 2016 RE : Proposed Ordinance Amending Section 2-31 Council Salary Provided for your consideration at your May 26, 2016 meeting for introduction and first reading, is the above-referenced ordinance amending Section 2-31 of the City Code. Section 2-31, was originally adopted in 1991 and established automatic pay increases for the city council based on future population growth. In our view, the intent of the ordinance was to establish a process whereby council salaries would be set for decades based on the objective standard of population growth as opposed to subjective factors.. As you should be aware, the current version of Section 2-31 had growth milestones that have now reached the maximum level of 40,000 residents. The proposed revision extends the growth milestones at automatic intervals based on increases in the population of 10,000 residents. It also applies an approximately 15% increase at the time each population interval is reached. The 15% increase is consistent with the previously established milestones automatically implemented when the population growth grew by 10,000. In other words, we have drafted this ordinance to be consistent with the existing code and have added seven future intervals that will apply until the City reaches 110,000 citizens. For your additional information, please review Section 2 of the proposed ordinance related to the effective date and the application of the ordinance to current council members. The conflict laws of the state prohibit a current council member from voting on an ordinance that increases the existing council s salary. Although, this is well-established in the law, we felt it was prudent to include similar and specific language in the ordinance that addressed the affect of the ordinance on current council members. Consistent with the law, Section 2 provides that the salary increases, if approved, would not apply to a council member who was on the council when DE BEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL, LLP Item # V.7

84 Memorandum to Mayor Borders and Council Members May 3, 2016 Page 2 it was approved, provided, however, that the particular member could receive the increase if reelected or reappointed to the council after the ordinance was approved. As always, if you have any questions, or wish to discuss this matter further, please do not hesitate to contact me. cc: Joe Helfenberger, City Manager Linda Jaworski, City Clerk. DE BEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL, LLP Item # V.7

85 ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF ST. CLOUD AMENDING CHAPTER 2, ADMINISTRATION ARTICLE II, CITY COUNCIL, DIVISION 1, GENERALLY, SECTION 2-31, SALARY TO PROVIDE AND ESTABLISH CITY COUNCIL SALARIES BASED ON FUTURE POPULATION GROWTH, PROVIDING AN EFFECTIVE DATE, PROVIDING THAT COUNCIL MEMBER HOLDING A COUNCIL SEAT AS OF THE DATE THAT THIS ORDINANCE IS ADOPTED, SHALL NOT BE ELIGIBLE FOR AN INCREASE UNLESS THAT COUNCILMEMBER HAS BEEN REELECTED OR REAPPOINTED AFTER FINAL ADOPTION HEREOF; PROVIDING FOR SEVERABILITY, CONFLICT, AND CODIFICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ST CLOUD, FLORIDA, as follows: Section 1. Chapter 2, Administration, Article II, City Council, Division 1, Generally, Section 2-31, entitled "Salary is amended to read as follows (strikethrough indicates deleted language, underlined added): Sec Salary. (a) Each member of the city council, other than the mayor, shall receive as an annual base salary in the amount indicated below, based upon the population of the city: CITY POPULATION RANGE Population Group Minimum Maximum Base Salary A 0 9,999 $ 5, B 10,000 14,999 6, C 15,000 19,999 7, D 20,000 24,999 8, E 25,000 29,999 10, F 30,000 39,999 12, G 40,000 & over 49,999 14, H 50,000 59,999 16, I 60,000 69,999 $18, J 70,000 79,999 $21, K 80,000 89,999 $24, L 90,000 99,999 $28, M 100, ,999 $32, N 110,000 & over $37, Salary shall be paid in equal periodic installments as the city council, from time to time, by simple motion, may direct. 1 Item # V.7

86 (b) The mayor shall receive as a base salary 120 percent of the amounts as calculated in subsection (a) of this section; such annual salary shall be paid in the same equal periodic installments as directed for the council. (c) Annual base salary shall be automatically adjusted within 30 days after receipt of the annual population figures as compiled by the state department of administration. The term "population" as used in this section means the population according to the latest annual determination of population of local governments produced by the state department of administration in accordance with F.S Section 2. Effective Date. This ordinance shall take effect immediately upon its adoption. Provided however, this ordinance and the salary increase authorized hereunder shall not be effective as to any council member, and the affected council member, shall not receive an increase, if the council member was on the city council at the time this ordinance was approved and was not subsequently reelected or reappointed to the council prior to the date any automatic adjustment would be implemented hereunder. Section 3. Severability. It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. Conflict. Any portion of the St. Cloud Code, the St. Cloud Land Development Code or any ordinance or part thereof in conflict with this ordinance is hereby repealed to the extent of such conflict. Section 5. Codification. The text of Sections 1 of this ordinance shall be codified as a part of the St. Cloud City Code The codifier is authorized to make editorial changes not effecting the substance of this ordinance by the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise to take such editorial license. FIRST READING ON THE 26th DAY OF May, 2016 SECOND READING ON THE 9th DAY OF June, 2016 PASSED AND ADOPTED by the City Council of the City of St. Cloud, this 9th day of June, Rebecca Borders, Mayor ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DeBeaubien, Knight, Simmons, Mantzaris & Neal, LLP Daniel F. Mantzaris, City Attorney 2 Item # V.7

87 AGENDA First Reading: Item # Consent Agenda First Public Hearing: Ordinance No. DATE OF MEETING: MAY 26, 2016 Resolution No. Second Public Hearing: Final Action: 5/26/2016 AGENDA ITEM (Brief Description) Warrant List #33 DEPARTMENT SUMMARY: COST OF PROJECT: Warrant List #33 04/29/ /13/2016 1,566, FINANCE DIRECTOR'S COMMENTS: Include in agenda as presented. PURCHASING MANAGER'S COMMENTS: CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 5/26/2016 Item # VI.A

88 ATTACHMENTS: Description Warrant List #33 Item # VI.A

89 PREPARED 05/16/2016, 8:46:19 WARRANT LIST PAGE 1 PROGRAM: GM350LW CITY OF ST CLOUD FROM 04/29/2016 TO 05/13/ CHECK CHECK CHECK DATE VENDOR NAME NUMBER AMOUNT /05/2016 BEN SHAFFER RECREATION, INC BIKE RACK FOR BALLFIELD /05/2016 BRANDON SNOW DIGITAL PHOTOGRAPHY FOR /05/2016 CAPITOL INSIGHT LLC MAY2016 LOBBYIST SERVICES 2, /05/2016 CBRE INC MARKET STUDY - PHASE I 5, /05/2016 CENTRAL FLORIDA GAS NATURAL GAS TO HEAT POOL /05/2016 CHARLENE F. KUHN FLORIDA FAIR HOUSING /05/2016 CITY OF KISSIMMEE MAR 16 TRAFFIC OPERATIONS 2, /05/2016 CRAIG BRONSON REIMBURSEMENT - PARAMEDIC /05/2016 DON SCHMIDT CONTRACTING & ROOF REPAIR ROOF BALL FIELD /05/2016 GARDEN STATE FIREWORKS, INC % DEPOSIT JULY 4TH FIRE 10, /05/2016 INDIANA CHILD SUPPORT PAYROLL SUMMARY /05/2016 JASON R. BARRETT DIGITAL PHOTOGRAPHY FOR /05/2016 JEFFREY M. MUNOZ SCIRS BADGES MUNOZ,JEFF /05/2016 JOSEPH A. HELFENBERGER MISCELLANEOUS TRAVEL EXPE /05/2016 LINCOLN NATIONAL LIFE INS. COM MAY.2016 LONG TERM DISABI 11, /05/2016 MATTHEW W. LANGLEY DIGITAL PHOTOGRAPHY (101) /05/2016 MORTON SALT, INC BULK SOLAR INDUSTRIAL CRU 2, /05/2016 NJ FAMILY SUPPORT PAYMENT CTR PAYROLL SUMMARY /05/2016 NOTARY PUBLIC UNDERWRITERS SHIPPING FOR NOTARY SEAL /05/2016 OSCEOLA COUNTY PARKS & REC RF05 1, /05/2016 PERFORMANT RECOVERY, INC PAYROLL SUMMARY /05/2016 ACCOUNTEMPS TEMPORARY-CARRIE SMILEY 1, /05/2016 RURAL BUSINESS DEVELOPMENT ADV ECONOMIC DEVELOPMENT 25, /05/2016 RYAN OUTLAW REFUND DEPOSIT BOAT SLIP /05/2016 RYAN S. GALLIK FDIC INTERNATIONAL /05/2016 SARAH COSTELLO IRISH STEP DANC % OF $ COLLECTED /05/2016 ST. CLOUD YOGA LLC % OF $ COLLECTED /05/2016 STATE OF ARKANSAS PAYROLL SUMMARY /05/2016 STEPHANIE HOLTKAMP AGENCY SUMMIT (102) /05/2016 JR. STEPHEN W. BURROWS FIELD FORCE OPERATIONS /05/2016 YOUR EVENTS BY L&L LLC % OF $ COLLECTED /05/2016 ZULEYKA ROSARIO CORE TRAINING (101) /12/2016 BANK OF AMERICA REFUND OVERDRAFT FEE ERRO /12/2016 CANARX GROUP, INC APR 2016 FOR ADVANTAGE /12/2016 CARESPOT EXPRESS HEALTH CARE DOT CERTIFICATION 1, /12/2016 CATHERINE NAVARRO REFUND DEPOSIT ON BANQUET /12/2016 CENTURYLINK-EMBARQ FLORIDA, IN LOCAL PHONE SVC /12/2016 CERTIPHI SCREENING, INC BACKGROUND CHECKS SUMMER /12/2016 CHARLENE F. KUHN Community Land Trust /12/2016 CITY OF ST. CLOUD AUS CITY BILLS 34, /12/2016 DEP STORAGE TANK REGISTRATION LICENSE FEE DANIEL MERCAT /12/2016 FLORIDA HOSPITAL CENTRA CARE CDL QRTLY RANDOM DRUG TES /12/2016 GARY QUINN RF /12/2016 GOLD'S GYM JUNE.2015 GYM MEMBERSHIP 3, /12/2016 GREGORY GIBBS REIMBURSEMENT SAFETY BOOT /12/2016 KANGAROO COURIERS APR 16 POLICE COURIER SVC /12/2016 KIRK S. WARREN COPIES, POSTAGE & AD Item # VI.A 05/12/2016 MAINE STATE WEEKEND Leadership II for Fire & /12/2016 MATTHEW I. ELLIS REIMBURSEMENT SAFETY BOOT /12/2016 MICHAEL J. PALMER Leadership II for Fire & /12/2016 MORTON SALT, INC BULK SOLAR INDUSTRIAL CRU 2,994.30

90 05/12/2016 ORANGE COUNTY UTILITIES PERMIT COMPLIANCE COORDIN 37, /12/2016 ORLANDO UTILITIES COMMISSION INSTALL 10 POLES WITH LED 45, /12/2016 OSCEOLA COUNTY-TAX COLLECTOR RECORD RECEIVABLE FROM ST 19, /12/2016 PREFERRED GOVERNMENTAL INS TR WC PREMIUM FY15/16 AGREEM 82, /12/2016 PREFERRED GOVERNMENTAL INS TR R.LOPEZ (POLICE VEHICLE 7, /12/2016 ACCOUNTEMPS TEMPORARY HELP WEEK /12/2016 SAFEGUARD PROPERTIES REFUND DUPLICATE PYMT ON /12/2016 SHEPARD, SMITH & CASSADY, P.A PROFESIONAL SERVICE (SPEC /12/2016 SHOWCASE MOBILE HOME SALES RF /12/2016 SHRED-IT USA SERVICE DATE 04/26/ /12/2016 SUNGARD AVAILABILITY SERVICES DISASTER RECOVERY SERVICE 3, /12/2016 THOMAS BELIEFF REIMBURSMENT FOR SERVICE /12/2016 UNIFIRST CORPORATION FENDER COVERS/MATS/RAGS /12/2016 VERIZON WIRELESS SERVICES, LLC IPHONE 16GB SPACE & 6, /12/2016 VICTIM SERVICE CENTER OF CEN.F PROPORTIONATE SHARE 7, /12/2016 WILLIAM J. ESER IV REIMBURSEMENT FOR COURSE /12/2016 WW DANIELS COMPANY TWA RECLAIM INTERCONNECT 100, /06/2016 FLSDU PAYROLL SUMMARY 2, /06/2016 INTERNAL REVENUE SERVICE PAYROLL SUMMARY 196, /09/2016 FLORIDA UNEMPLOYMENT COMP.FUND UNEMPLOYEMENT COMPENSATIO 2, /13/2016 A-LINE FIRE & SAFETY, INC Annual Fire extinguishers /13/2016 AAA CHEMICAL TOILET RENTAL, IN Ball Field toilet and sin /13/2016 ADAMS TANK & LIFT, INC REPLACE DIESEL HOSE WITH /13/2016 APPLIED AQUATIC MANAGEMENT, IN MAR16 AQUATIC PLANT MGT /13/2016 AXAS ENGINEERING PRODUCTS SQ FT SUPPLY PLANS /13/2016 CALIBRATE USA, LLC Backflow tester recalibra /13/2016 CALL ONE, INC Wireless headset /13/2016 CARROT TOP INDUSTRIES NYLON US FLAG & FL FLAG /13/2016 CHEMTEK, INC Concrete form release spr /13/2016 CHIEF SUPPLY CORPORATION Shipping and Handling /13/2016 COINS FOR ANYTHING,INC Shipping /13/2016 COMMERCIAL ENERGY SPECIALISTS, Peg Horn * Lake front spl /13/2016 COMPASS PEST CONTROL April pest control 1, /13/2016 CREATIVE PRINTING SERVICES, IN Golf Cart Permit Sticker /13/2016 CYPRESS SUPPLY, INC LEMON DISINFEC/CLEANER 2, /13/2016 DATA FLOW SYSTEMS, INC TCU REPAIR LS1309 1, /13/2016 DGG TACTICAL SUPPLY INC Official Uniforms 1, /13/2016 DIXIE CLEANERS Dixie Cleaners Invoice #2 1, /13/2016 DUMONT COMPANY, THE HYDROFLUOSILICIC ACID 7, /13/2016 DUNBAR ARMORED, INC ARMORED CAR CREDIT MAR /13/2016 CARAS, LLC EMPLOYEE SERVICE AWARD /13/2016 ENVIRONMENTAL PRODUCTS OF FL.C HD CASTE WHEEL - BLEU /13/2016 FERGUSON ENTERPRISES, INC Valve ID tags to replace 9, /13/2016 FERGUSON ENTERPRISES, INC RUBBER FERNCO 4",SEWER PI 22, /13/2016 FIVE STAR TRACTOR MS201T chainsaw Repair /13/2016 FLORIDA MOBILE SPEEDOMETER, LL SPEEDODOMETER CHECK ON PD 2, /13/2016 FLORIDA MUNICIPAL ELECTRIC ASS FMEA MEMEBER DUES 3, /13/2016 FLORIDA WIRE & RIGGING SUPPLY LEATHER SAFETY GLOVES /13/2016 FLOWERS CHEMICAL LABORATORIES, CBOD,CBOD TSS,FCOL,SS, 3, /13/2016 FOREST HILLS LANDSCAPING & IRR Peanut Grass Downtown Squ /13/2016 FORT BEND SERVICES, INC POLYMER TOTES FOR SLUDGE 11, /13/2016 GREEN ISLE GARDENS, INC Plants for Arbor Day /13/2016 HYDRA SERVICE (S), INC PACKAGE L/S MARK PARK 19, /13/2016 HYDRAFLO, INC O rings to repair fire hy /13/2016 HYDRAULIC HOUSE, INC Vehicle #8-107 (RO , Item # VI.A 05/13/2016 JOE'S AUTO SERVICE CENTER, INC SMALL ENGINE FUEL / # /13/2016 K & M CUSTOM CREATIONS Official uniform shirts " /13/2016 LUV-A-LAWN PEST MANAGEMENT, IN Fertilizer treatments to /13/2016 LYNCH OIL COMPANY, INC DYED DIESEL FUEL 2,555.60

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95 05/13/2016 SITEONE LANDSCAPE SUPPLY LLC Natural Resources - chemi /13/2016 MILLER ELECTRIC COMPANY Monitoring service for th /13/2016 MILLER ELECTRIC COMPANY FINNAL BILLING PROPOSAL 2, /13/2016 SKILLPATH Kenton Scott T16447 regis /13/2016 SKILLPATH, INC Shipping and Handling /13/2016 SMART DEVICES 911 LLC JBeltz replacement of Cra /13/2016 SMARTY HAD A PARTY, LLC Shipping /13/2016 SOLID WASTE ASSOC. OF NORTH AM Annual SWANA membership r /13/2016 SOUTHEASTERN PUMP IMPELLER, CUTTER BAR, 2, /13/2016 SOUTHERN CUSTOM CREATIONS, LLC TAHOE GRAPHICS INSTA 2, /13/2016 SOUTHWEST AIRLINES COMPANY Airline J Munoz T /13/2016 SRT SUPPLY, INC Simunitions 13, /13/2016 ST. CLOUD FLORIST Funeral arrangement /Schw /13/2016 ST. CLOUD PRINTING March 2016 EOM plaques /13/2016 ST. CLOUD STATIONERS Diaz / Inspector business /13/2016 ST. CLOUD TWIN ADMINISTRATIVE PROFESSION /13/2016 STAGE EQUIPMENT & LIGHTING, IN repair dimmer rack system /13/2016 STAPLES, INC Copy paper, desk mat, pos 3, /13/2016 SUBWAY Hosted meeting with Osceo /13/2016 SUNPASS OPERATIONS Prepaid Sun Pass tolls /13/2016 SUNTRUST PCARD DISPUTE Fraudulent charges - in d /13/2016 SYTECH, INC EXTENDED SUPPORT XLREPORT /13/2016 TALX CORPORATION Cameron Crandell-Employme /13/2016 TAMPA CRANE & BODY CO., INC crane stickers for lift s /13/2016 THE SHORES RESORT & SPA Room for FRMA N Zilke T /13/2016 THYSSEN KRUPP ELEVATOR CORPORA ELEVATOR MAINTENANCE 5, /13/2016 TIFFANY'S ON TENTH Youth Basketball employee /13/2016 TOTAL TEMPERATURE INSTRUMENTAT parts needed for Water Pl /13/2016 TRACTOR SUPPLY COMPANY Required steel toe safety 1, /13/2016 TRANE US INC REPLACED SSWWTP 2 FLOOR 4, /13/2016 TRANSPORTATION CONTROL SYSTEMS Repair Time Clock Parts f /13/2016 TREASURE COAST MEDICAL INSTITU Paramedic review class /S /13/2016 TRINOVA INC Shipping and Handling /13/2016 ULINE, INC Shipping and Handling /13/2016 UNITED PARCEL SERVICE Shipping for Sgt. Durbin /13/2016 UNITED RENTALS (NORTH AMERICA) Vehicle #4-91 (RO /13/2016 UNITED STATES POSTAL SERVICE Certified Mail to FDLE fo /13/2016 UPS STORE, THE Ship loaner gear back to /13/2016 UTILITY SERVICE COMPANY, INC KENTUCKY TOWER MAINTENANC 13, /13/2016 VALENCIA COMMUNITY COLLEGE Online Course Purchasing /13/2016 VERIZON WIRELESS Verizon invoice for PS se /13/2016 VERIZON WIRELESS SERVICES, LLC Verizon Wireless; 4/2/16 10, /13/2016 W.W. GRAINGER, INC new motor replacement for /13/2016 WAL-MART COMMUNITY Tax credit 2, /13/2016 WALGREEN CO Council Retreat Refreshme /13/2016 WALT DISNEY WORLD EPCOT Natural resources trainin /13/2016 WARES DIRECT INC GREEN BAR PAPER * INVISIB /13/2016 WASTE EQUIPMENT & PARTS, LLC SIMPLE FLOW REGULATOR 3, /13/2016 WAWA, INC boat fuel /13/2016 WEST PUBLISHING CORP Investigative Tool (West 1, /13/2016 WILLIAM TIMMINS DBA GIS SERVIC GeoExpress software suppo /13/2016 WM RECYCLE AMERICA NET BALANCE DUE RECYCLING 5, /13/2016 WOJO'S BAIT AND TACKLE Fishing tournament bait /13/2016 WORLD ELECTRIC SUPPLY PD Truck Box /13/2016 WORLD WATERPARK ASSOCIATION Host Facility World's Lar Item # VI.A 05/13/ DRY CLEAN KISSIMME/ST.CL Dry clean table clothes /13/2016 4IMPRINT, INC Freight 2, /13/ ELEVEN Motorcycle Gas during sch 8.55

96 AGENDA First Reading: Item # Consent Agenda First Public Hearing: Ordinance No. DATE OF MEETING: MAY 26, 2016 Resolution No. Second Public Hearing: Final Action: 5/26/2016 AGENDA ITEM (Brief Description) Minutes DEPARTMENT SUMMARY: COST OF PROJECT: Minutes: March 10, 2016 / Regular Meeting, March 24, 2016 / Regular Meeting and April 14, 2016 / Regular Meeting FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 5/26/2016 Item # VI.B

97 ATTACHMENTS: Description March 10, 2016 March 24, 2016 Apri 14, 2016 Item # VI.B

98 ST. CLOUD CITY COUNCIL REGULAR MEETING Thursday, March 10, 2016 City Hall Council Chambers th Street 6:30 p.m. Minutes I. Mayor Borders called the meeting to order at 6:30 p.m. II. Invocation given by Pastor Nathan Blackwell from Cornerstone Baptist Church III. Pledge of Allegiance IV. Roll Call Mayor Rebecca Borders Deputy Mayor Jeff Rinehart Council Member Russell Holmes Council Member Dave Askew Council Member Donald Shroyer City Manager, Joseph Helfenberger City Attorney, Daniel Mantzaris Linda P. Jaworski, City Clerk Ivy De La Cruz, Deputy City Clerk Members of the Press All members present with the exception of Deputy Mayor Rinehart who was absent. V. Presentations Proclamation in recognition of Confederate Memorial Day Mayor Borders presented Commander John Holmes with a proclamation in recognition of Confederate Memorial Day. Proclamation in recognition of Irish American Heritage Month Mayor Borders presented Gregg Sean Canning with a proclamation in recognition of Irish American Heritage Month. Proclamation in recognition of Play Day Mayor Border presented Stephanie Holtkamp with a proclamation in recognition of Play Day. VI. First Citizen s Forum - Any person who desires to comment on any item not on this agenda is provided this opportunity to address the City Council. Each person is requested to complete a sign-in form to be provided to the City Clerk prior to addressing the Council. John Laskey, 4211 Needle Palm Court, requested Council sponsorship for the Memorial Day Ceremony at Mt. Peace Cemetery. Council consensus was to sponsor this event. Hughette Crumpler, 300 Michigan Avenue, asked if Mayors Borders paid the lien on the Delaware property and wanted particulars regarding the salary increase for Council Members. 1 3/10/2016 Item # VI.B

99 City Attorney Mantzaris said an ordinance was adopted in 1991 that changed Council s pay based on population. There s an automatic increase in a Council s salary based on population increases. He also noted the liens on Delaware Avenue have not been paid. Judy Attkinson, Grace Landings, requested Council sponsorship for the Paddle Challenge on May 3 rd and 4 th, Council consensus was to sponsor event. Justin Taromino, 3413 Goldeneye Lane, asked if he could get updates on policy, rules and law. City Attorney Mantzaris explained that Council as a whole controlled discussion at meetings and if he wanted updates he should ask Council. Rick Brumby, 4300 Lake Gentry Road, requested Council sponsorship for the Military History Museum event on April 9 th, at St. Cloud Preparatory Academy. Council consensus was to sponsor event. Mr. Brumby invited Council and citizens to the Welcome Home Veterans Event, April 19, VII. Public Hearings 1. SECOND PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Zoning district of "PUD Planned Unit Development, compatible with a Medium Density Residential Future Land Use designation change, adopted by Ordinance No , for approximately acres identified as Old Hickory, located south of Nolte Road and west of Old Hickory Tree Road; providing for entering the designation on the official Zoning map, filing of the Planning Commission recommendation and proof of publication, severability and effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Service Administrator, reviewed the proposed ordinance. Mayor Borders announced the second and final public hearing for Ordinance No Jim McNeal, on behalf of applicant was present to answer any questions. Council Member Holmes made a motion to adopt Ordinance No Council Member Askew seconded the motion and all members voted aye. Vote (4 0) Deputy Mayor Rinehart was absent. 2. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, amending the City of St. Cloud Police Officers' and Firefighters' Retirement System; amending Section 1, Definitions; amending Section 4, Finances and Fund Management; amending Section 6, Benefit Amounts and Eligibility; amending Section 8, Disability; amending Section 10, Optional Forms of Benefits; amending Section 15, Maximum Pension; amending Section 16, Minimum Distribution of Benefits; amending Section 27, Prior Police or Fire Service; amending Section 28, Deferred Retirement Optional Plan; adding Section 30, Supplemental Benefit Component for Special Benefits; Chapters 175 and 185 Share Item # VI.B 2 3/10/2016

100 Accounts; providing for codification; providing for severability of provisions; repealing all ordinances in conflict herewith and providing an effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Ruth Lovejoy, Compensation and Benefits Manager, reviewed the proposed ordinance. Mayor Borders announced the second and final public hearing for Ordinance No with no response from the audience. Council Member Askew made a motion to adopt Ordinance No Council Member Shroyer seconded the motion and all members voted aye. Vote (4 0) Deputy Mayor Rinehart was absent. 3. FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida amending the Land Development Code of the City of St. Cloud, Florida to include Article III, Division 4, Section 3. B and C - Planning Commission; and Article III, Division 4, Section 5 - City Council; Action on Receipt of Planning Commission Report; and replacing Article V - Subdivision Regulations in its entirety, providing for severability, conflicts, codification, and an effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Service Administrator, reviewed the proposed ordinance. Mayor Borders announced the first public hearing for Ordinance No with no response from the audience. Council Member Shroyer made a motion to approve the first public hearing for Ordinance No Council Member Holmes seconded the motion and all members voted aye. Vote (4 0) Deputy Mayor Rinehart was absent. 4. FIRST PUBLIC HEARING ON ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, prescribing the manner of holding the regular election to be held on the first Tuesday after the first Monday of November each election year, to wit: November 8, 2016 with a primary election on August 30, 2016 (if required), pursuant to Chapter 20, Article 1, Section 20 of the Code of Ordinances of the City of St. Cloud, providing for an effective date. ACTION ON ORDINANCE NO Linda Jaworski, City Clerk, read Ordinance No into the record by title. City Attorney Mantzaris reviewed the proposed ordinance. Mayor Borders announced the first public hearing for Ordinance No with no response from the audience. 3 3/10/2016 Item # VI.B

101 Council Member Askew made a motion to approve the first public hearing for Ordinance No Council Member Holmes seconded the motion and all members voted aye. Vote (4 0) Deputy Mayor Rinehart was absent. VIII. Consent Agenda -The next portion of tonight s meeting is the consent agenda which contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Council wish to speak on a consent item, they have the same opportunity. A. Warrant List #28 B. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the St. Cloud Parks and Recreation Department under the Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Grant for the purpose of dredging the St. Cloud Lakefront Boat Ramp Channel and authorizing the grants administrator to submit the grant application. COST: $24, C. Resolution Number R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the replacement of the City s primary representative on the Board of Directors of Florida Municipal Power Association (FMPA) in accordance with Article III, Section 1 of the Interlocal Agreement between Florida Municipal Power Association (FMPA) and the City of St. Cloud. COST: No cost associated with this item. D. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the acquisition of five (5) 2016 Ford Police Interceptor Utility AWD Vehicles, available through the Florida Sheriffs Association Contract No , Specification No. 7, and the award thereof to Don Reid Ford, Inc., and providing an effective date. COST: $135, E. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the purchase of one (1) 2016 Mack GU813 truck base with one (1) 18 CU YD Standard Gate Dump Body, available through the Florida Sheriffs Association Contract No , Specification No. 14, and the award thereof to Nextran Truck Center, and providing an effective date. COST: $152, F. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into an agreement for Soil Densification & Stabilization with Uretek Holdings, Inc., a sole source provider in the best interest of the City of St. Cloud, and providing an effective date. COST: $25, (FY15-16 Budget) G. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a fourth addendum to and extension of the agreement dated May 24, 2012, between the City of St. Cloud and Sunstate Meter & Supply Company for cold water meters, and providing an effective date. Item # VI.B 4 3/10/2016

102 COST: $230, (FY1516 Budget) H. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the sale, consumption and possession of alcoholic beverages by the Rotary Club of St. Cloud on city property, for a special event known as St. Cloud Rotary Club Spring Fling 2016 to be held April 1st, 2016 through April 3rd, 2016, with conditions. COST: No cost associated with this item. Council Member Holmes made a motion to approve the consent agenda as presented. Council Member Askew seconded the motion and all members voted aye. Vote (4 0) Deputy Mayor Rinehart was absent. IX. Council Action 1. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida approving a Water & Wastewater Service Agreement from Tramell Webb Partners, Inc. for Parkfield Property (FKA Ponce) a development located in the unincorporated area of Osceola County East of Hickory Tree Rd. and South of Old Hickory Tree Rd. servicing approximately one hundred forty-nine (149) homes; authorizing the City Manager to execute the agreement; and providing an effective date. Linda Jaworski, City Clerk read Resolution No R into the record by title. City Attorney Mantzaris asked for this item to be continued to the next Council Meeting to review changes. Mayor Borders announced Resolution No R with no response from the audience. Council Member Shroyer made a motion to continue this item to the March 24, 2016 Council Meeting. Council Member Holmes seconded the motion and all members voted aye. Vote (4 0) Deputy Mayor Rinehart was absent. 2. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida approving a Water & Wastewater Service Agreement from Regal Views, LLC., for Canoe Creek Crossing a development located in the unincorporated area of Osceola County South of 192 and east of Canoe Creek Rd. servicing approximately fifty (50) homes; authorizing the City Manager to execute the agreement; and providing an effective date. Linda Jaworski, City Clerk read Resolution No R into the record by title. Chris Fasnacht, Deputy Director of Public Services, reviewed the proposed resolution. Jay Desilva, Park Square Homes was present for questions. City Attorney Mantzaris advised this was the standard agreement. Mayor Borders announced Resolution No R with no response from the audience. Item # VI.B 5 3/10/2016

103 Council Member Holmes made a motion to approve Resolution No R with changes requested in the addendum. Council Member Askew seconded the motion and all members voted aye. Vote (4 0) Deputy Mayor Rinehart was absent. X. City Attorney City Attorney Mantzaris stated he had nothing at the time. XI. City Manager City Manager Helfenberger stated the following: The March 17th Workshop has been canceled. Breakfast with the Pros Meeting went well; discussed historic preservation in St. Cloud and had an excellent turnout. Looking into National League of Cities Service Line Warranty Program for the protection of water/sewer lines for residents and will bring back any pertinent information at a future meeting. St. Cloud Life Event was a great success and thanked all who made it happen. Attended Passport to Education Meeting which was a group of dedicated citizens working to make a difference for our youth. XII. Mayor and Council Members Mayor Borders stated she attended ceremony in support of our teachers and was grateful they are concerned about our youth. Council Member Holmes praised City Manager Helfenberger regarding a positive article recently written in the Orlando Sentinel. He stated spring break and Bike Week was coming up and to be careful with pedestrians and motorcycles. He stated Osceola County School District hired a new Superintendent and believed it was going to be a smooth transition. Council Member Askew thanked our new City Manager for the positive image in our community. Council Member Shroyer stated he has been in Washington lobbying for municipalities. Some of the items discussed were: Cyber security. Legislation passed for the protection of aging infrastructure, power plants and so forth. A discussion regarding no tax on municipal bonds but decision hasn t been made yet. Discussions on solar power. 6 3/10/2016 Item # VI.B

104 XIII. Second Citizen s Forum - Any person who desires to comment on any item not on this agenda is provided this opportunity to address the City Council. Each person is requested to complete a sign-in form to be provided to the City Clerk prior to addressing the Council. Hughette Crumpler, 300 Michigan Avenue, commented about accountability in life and how everyone should strive for it. She stated she is offended when people are mean spirited. Jacqueline Cruz, 581 Michigan Estate Circle, asked about the booms everyone is hearing in town. Council Member Holmes said Chief Gauntlett was looking into it. XIV. Information Section Mayor Borders read the following: Thursday, March 17, City Council Workshop - 6:00 City Hall, Council Chambers (tentative) Saturday, March 19, Homestead Picnic - 10:00 Peghorn Park Thursday, March 24, City Council Meeting - 6:30 City Hall, Council Chambers XV. Adjournment 7:35 p.m. Mayor Rebecca Borders ATTEST: City Clerk, Linda P. Jaworski Minutes Approved: 7 3/10/2016 Item # VI.B

105 ST. CLOUD CITY COUNCIL REGULAR MEETING Thursday, March 24, 2016 City Hall Council Chambers th Street 6:30 p.m. Minutes I. Mayor Borders called the meeting to order at 6:30 p.m. II. Invocation given by Dory Cruz from Vida Familiar Christian Church III. Pledge of Allegiance IV. Roll Call Mayor Rebecca Borders Deputy Mayor Jeff Rinehart Council Member Russell Holmes Council Member Dave Askew Council Member Donald Shroyer All members present. V. Presentations Presentation of Employee of the Month Award This presentation will take place at a later time. Presentation in recognition of Thomas Howes's Retirement City Manager, Joseph Helfenberger City Attorney, Daniel Mantzaris Linda P. Jaworski, City Clerk Ivy De La Cruz, Deputy City Clerk Members of the Press Chris Fasnacht presented Tommy Howes with a watch in recognition of his years of service to the community. Presentation in recognition of Nate Fancher, Principal, St. Cloud High School Mayor Borders presented Nate Fancher, Principal of St. Cloud High School, with a Certificate of Commendation. Proclamation in recognition of Welcome Home Vietnam Veterans Day Mayor Borders presented Vinnie Monitto with a proclamation in recognition of Welcome Home Vietnam Veterans Day. Proclamation in recognition of National Service Recognition Day Mayor Borders presented Bonnie Gibson and Richard Foreman with a proclamation in recognition of National Service Recognition Day. Proclamation in recognition of National Child Abuse Prevention Month 1 3/24/2016 Item # VI.B

106 Mayor Borders presented Joy Chuba with a proclamation in recognition of National Child Abuse Prevention Month. Proclamation in recognition of Water Conservation Month Mayor Borders presented Angela Farmer and Ryan Higgins with a proclamation in recognition of Water Conservation Month. VI. First Citizen s Forum - Any person who desires to comment on any item not on this agenda is provided this opportunity to address the City Council. Each person is requested to complete a sign-in form to be provided to the City Clerk prior to addressing the Council. Norene Rodriguez, 2725 Andes Way, asked Council for assistance with the parking problem in her neighborhood. Council stated that this issue was under consideration throughout the City and staff was looking into future road standards. Paula Stark, Executive Director, Main Street, 903 Pennsylvania Avenue, requested City sponsorship for the Smoke n Blues event on April 30, Council consensus was to sponsor the event with the items requested. Kim Glascock, President of the St. Cloud High School Booster Club, and Principal Fancher, 2000 Bulldog Lane, requested sponsorship of $3, for their 7 th Annual Hall of Fame event on May 6, Council consensus was to sponsor the event. Council consensus was to sponsor the event Jaime Quinones, 66 Blackberry Creek Drive, came before Council and requested a waiver for parking a tow truck in his neighborhood. City Attorney Mantzaris stated there was a process that needed to be followed in order to request a waiver. Christopher Zurwich, 899 Seneca Trail, Executive Director of Voices, came before Council to request an endorsement of their nonpartisan social media site. Council requested more information and suggested speaking to each Council Member individually. Emanuel Clement, CEO of Voices, stated they were only asking for Council endorsement. City Attorney Mantzaris stated participation might be a better description and Council agreed. VII. Public Hearings 1. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida amending the Land Development Code of the City of St. Cloud, Florida to include Article III, Division 4, Section 3, B and C Planning Commission; and Article III, Division 4, Section 5 City Council; Action on Receipt of Planning Commission Report; and replacing Article V - 2 3/24/2016 Item # VI.B

107 Subdivision Regulations in its entirety, providing for severability, conflicts, codification, and an effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance and advised Council of scrivener errors. Mayor Borders announced the second and final public hearing for Ordinance No with no response from the audience. Deputy Mayor Rinehart made a motion to adopt Ordinance No with changes. Council Member Askew seconded the motion and all members voted aye. Vote (5 0) 2. FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, amending ordinance , an ordinance which assigned a Zoning designation of Planned Unit Development (PUD) to Turtle Creek located south of Rummell Road and west of Narcoossee Road and described further herein; providing for approval of the amendment to the final master plan and construction plans; providing for filing of the Planning Commission recommendation and proof of publication, severability, conflicts and effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance. She informed Council of changes to the PUD made after applicant met with surrounding neighbors. Mayor Borders announced the first public hearing for Ordinance No Tom Sullivan, Gray Robertson Law Firm, 301 E Pine Street, Orlando, Florida, reviewed the changes and in agreement with staff s requests. Thomas Costello, 4919 Terrapin Boulevard, requested Council to disregard the Planning Commission s recommendations regarding the shared driveways. Deputy Mayor Rinehart made a motion to approve the first public hearing for Ordinance No with changes. Council Member Rinehart seconded the motion and all members voted. Vote (4 1) Council Member Shroyer voted nay. 3. FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, closing, vacating, and abandoning a utility easement generally located at the north-east corner of Brown Chapel Road and 5 th Street, specifically described in the body of this ordinance; providing for severability, conflicts and an effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance. 3 3/24/2016 Item # VI.B

108 Mayor Borders announced the first public hearing for Ordinance No with no response from the audience. Council Member Holmes made a motion to approve the first public hearing for Ordinance No Council Member Shroyer seconded the motion and all members voted aye. Vote (5 0) 4. FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, closing, vacating, and abandoning a drainage easement lying within that area specified as a portion of Villagio Replat 1, specifically described in the body of this ordinance; providing for severability, conflicts and an effective date. (Above is the full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Bill Spivey, Planning and Zoning, reviewed the proposed ordinance. Mayor Borders announced the first public hearing for Ordinance No Shawn Hindle, Hanson & Walters, Associates, 8 Broadway, Kissimmee, Florida, representing the applicant, stated he was available to answer any questions. Deputy Mayor Rinehart made a motion to approve the first public hearing for Ordinance No Council Member Askew seconded the motion and all members voted aye. Vote (5 0) 5. FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land Use designation of Medium Density Residential to approximately /- acres, located at 1015 Grape Avenue, Unit C; providing for amending the official Future Land Use map of the Comprehensive Plan, filing of the Planning Commission recommendation and proof of publication, applicability and effect, severability, copies on file and effective date. (Above is the full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Bill Spivey, Planning and Zoning, reviewed the proposed ordinance. Mayor Borders announced the first public hearing for Ordinance No with no response from the audience. Council Member Askew made a motion to approve the first public hearing for Ordinance No Council Member Holmes seconded the motion and all members voted aye. Vote (5 0) 6. FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Zoning District of "R-3 Multifamily Residential, compatible with a Medium Density Residential Future Land Use designation change, adopted by Ordinance No , for approximately 0.51 acres, located at 1015 Grape Avenue Unit, C; providing for entering the designation on the official zoning map, filing of the Planning Commission recommendation and proof of publication, severability and effective date. (Above is the full title) ACTION ON ORDINANCE NO /24/2016 Item # VI.B

109 Linda Jaworski, City Clerk read Ordinance No into the record by title. Bill Spivey, Planning and Zoning, reviewed the proposed ordinance. Mayor Borders announced the first public hearing for Ordinance No with no response from the audience. Deputy Mayor Rinehart made a motion to approve the first public hearing for Ordinance No Council Member Askew seconded the motion and all members voted aye. Vote (5 0) 7. FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land Use designation of Mixed Use to approximately 147 acres identified as Stevens Plantation North, amending the Stevens Plantation Overlay (policy 2.1.8, Future Land Use Element) including Map I-6 of the Future Land Use Element; located between Budinger Avenue and Canoe Creek Road; south of 17th Street and north of New Nolte Road; providing for amending the official Future Land Use Map of the Comprehensive Plan and amending specific policies and maps of the Future Land Use Element, filing of the Planning Commission recommendation and proof of publication, applicability and effect, severability, copies on file and effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance. Mayor Borders announced the first public hearing for Ordinance No with no response from the audience. Deputy Mayor Rinehart made a motion to approve the first public hearing for Ordinance No Council Member Askew seconded the motion and all members voted aye. Vote (5 0) 8. FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Zoning District of Mixed Use, compatible with a Mixed Use Future Land Use designation change, adopted by Ordinance no , for approximately 147 acres identified as Stevens Plantation North, located between Budinger Avenue and Canoe Creek Road; south of 17th Street and North of New Nolte Road; providing for entering the designation on the Official Zoning Map, filing of the Planning Commission recommendation and proof of publication, severability and effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance. Mayor Borders announced the first public hearing for Ordinance No with no response from the audience. Council Member Shroyer made a motion to approve the first public hearing for Ordinance No Deputy Mayor Rinehart seconded the motion and all members voted aye. Vote (5 0) 5 3/24/2016 Item # VI.B

110 9. RESOLUTION NO R, a resolution of the City Council of St. Cloud, Florida, declaring certain real property located at th Street and described as the St. Cloud Communications Tower as partial surplus property, authorizing and approving the lease of said property to K & A Broadcasting Group Corp., a 501 (C) (3) corporation, for an initial term of five (5) years with one successive five year renewal option, including annual rent escalation requirements and an initial annual rent of eleven thousand sixty-four dollars ($11,064.00) and authorizing the City Manager to execute all documents necessary to complete the lease. (Above is full title) ACTION ON RESOLUTION NO R Linda Jaworski, City Clerk read Resolution No R into the record by title. Chris Fasnacht, Public Services Operations Director, reviewed the proposed ordinance. Mayor Borders announced the public hearing for Resolution No R with no response from the audience. Deputy Mayor Rinehart made a motion to approve Resolution No R. Council Member Holmes seconded the motion and all members voted aye. Vote (5 0) 10. RESOLUTION NO R, a resolution of the City Council of the City of St. Cloud, Florida amending Resolution number R which adopted the 2015/2016 budget for the City of St. Cloud, finding the City Manager has certified there are prior year fund balances and revenues available in the 2015/2016 budget for additional projects and programs in various funds not included in the original 2015/2016 budget, requiring the budget to be increased to include said additional funding in the various funds and making supplemental appropriations within the funds. (Above is full title) ACTION ON RESOLUTION NO R Linda Jaworski, City Clerk read Resolution No R into the record by title. Javier Gonzalez, Finance Director, reviewed the proposed ordinance. Mayor Borders announced the public hearing for Resolution No R with no response from the audience. Council Member Askew made a motion to approve Resolution No R. Deputy Mayor Rinehart seconded the motion and all members voted aye. Vote (5 0) VIII. Consent Agenda- The next portion of tonight s meeting is the consent agenda which contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Council wish to speak on a consent item, they have the same opportunity. Deputy Mayor Rinehart asked to pull item F for discussion. A. Warrant List #29 B. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a first amendment to the agreement for Item # VI.B 6 3/24/2016

111 Chemical System Maintenance and Repair Services with Odyssey Manufacturing Co., and providing an effective date. COST: $70, C. Resolution No R, a resolution of the City Council of St. Cloud, Florida authorizing the Mayor to enter into a non-exclusive access agreement with POD CDH, LLC. for access to parcel R0 and S0, owned by the City of St. Cloud and known as Lift Station # 84 located off of Nora Tyson Road, St. Cloud, Florida. Cost: No cost associated with this item. D. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing and directing the City Manager to declare items as obsolete, damaged, and/or surplus property and otherwise in the best interest of the City of St. Cloud. COST: No cost associated with this item. E. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a task authorization to the continuing contract and agreement for Professional Planning Services with Tindale-Oliver & Associates, Inc., for the Multimodal Transportation Impact Fee Study, and providing an effective date. COST: $80, F. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing a city wide garage sale to be held on April 22, 23, and 24, COST: No cost associated with this item. Deputy Mayor Rinehart suggested removing the garage sale permit requirement. Council direction was for staff to bring forward a code change to remove the garage sale permit requirement. G. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida authorizing the waiver of formal bidding requirements and utilizing RFP # /D, previously advertised for bid by City of Hampton, Virginia, which is reasonable and otherwise in the best interest of the City of St. Cloud, whose subject matter is Vehicle Equipment Maintenance, Updates, Installation, and Removal, providing for the award thereof to Atlantic Communications, Inc. and providing an effective date. COST: $110, H. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the sale, consumption and possession of alcoholic beverages by St. Cloud Main Street, Inc., on city property, for a special event, known as Smoke n Blues, Bikes and BBQ, to be held on Saturday, April 30, 2016, with conditions. COST: No cost associated with this item. Deputy Mayor Rinehart made a motion to approve the consent agenda as presented. Council Member Holmes seconded the motion and all members voted aye. Vote (5 0) 7 3/24/2016 Item # VI.B

112 IX. Council Action 1. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida approving a Water & Wastewater Service Agreement from Tramell Webb Partners, Inc. for Parkfield Property (FKA Ponce) a development located in the unincorporated area of Osceola County East of Hickory Tree Rd. and South of Old Hickory Tree Rd. servicing approximately one hundred forty-nine (149) homes; and providing an effective date. Linda Jaworski, City Clerk read Resolution No R into the record by title Mayor Borders announced Resolution No R. Sara Myer, 800 N. Magnolia Avenue. reviewed a presentation for the development. Tony Busy, 4131 Maidu Court, requested Council to consider all aspects of the development for future annexation. Council Member Shroyer stated that previous staff had committed to certain projects and felt the need to honor them. Deputy Mayor Rinehart thanked developers for coming back with a better project. Deputy Mayor Rinehart made a motion to approve Resolution No R. Council Member Holmes seconded the motion and all members voted aye. Vote (5 0) 2. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, approving the Third Amendment pursuant to the Interlocal agreement between St. Cloud and the Orlando Utilities Commission dated April 25, 1997, authorizing the Mayor to execute the Third Amendment and providing an effective date. Linda Jaworski, City Clerk read Resolution No R into the record by title. Mayor Borders announced Resolution No R. Hughette Crumpler, 300 Michigan Avenue, requested an explanation of the amendment. City Manager Helfenberger stated initially a $3 million fund under OUC direction was set up to promote businesses that consumed electricity. He stated the need for modification of the lengthy process unilaterally with a 10 day notice to OUC administration and final approval from Council. This would streamline the approval process for an incentive program to bring jobs and expand the tax base growth for the City. City Attorney Mantzaris requested authorization that would allow the City Manager and himself to adjust minor wordage upon Council approval, as a fast track tool. Deputy Mayor Rinehart made a motion to approve Resolution No R with allowing City Manager to make changes as required. Council Member Holmes seconded the motion and all members voted aye. (Vote 5-0) Item # VI.B 8 3/24/2016

113 3. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, approving an Agreement with Rural Business Development Advisors, LLC. for project management services related to Economic Development, authorizing the Mayor to execute the Agreement and providing an effective date. Linda Jaworski, City Clerk read Resolution No R into the record by title. Mayor Borders announced Resolution No R. Hughette Crumpler, 300 Michigan Avenue, asked for clarification. City Manager Helfenberger stated our State Lobbyist, Bill Barrett recommended engaging a qualified individual to obtain high tech businesses. Deputy Mayor Rinehart made a motion to approve Resolution No R. Council Member Askew seconded the motion and all members voted aye. (Vote 5-0) X. City Attorney City Attorney Mantzaris stated the 4 Hour Ethics Training would be given to each Council Member on a CD and could be reviewed in a workshop. XI. City Manager City Manager Helfenberger stated several items. Staff was looking into a flag ordinance for the Walmart Super Store. He attended a ribbon cutting for Centra Care. Mercury Marine had 110 employees and utility issues. TECO expansion to include welding, nursing program, etc. Working with Central Florida Regional Planning Commission for the downtown area. Continuing to meet with developers. XII. Mayor and Council Members Deputy Mayor Rinehart stated he had met with an Orange County employee regarding the maintenance of a development s retention ponds, roads, lights, and recommended staff bring forward an assessment fee for future long term care of subdivisions. Council consensus was to have staff research the assessment process. City Attorney Mantzaris stated a special assessment process could be put in place two ways; on the tax roll or direct billing. Council Member Holmes reminded citizens of Spring Fling on April 1, 2, and 3, 2016 at the lakefront. Council Member Askew stated LED lighted signs are becoming more popular and distracting for motorists. 9 3/24/2016 Item # VI.B

114 Council Member Shroyer stated additional concerns regarding cars parked on both sides of the street in developments, blocking city vehicles. He reviewed a FMPA meeting regarding solar farms and the better cost savings and efficiency over power plants and the environment. He stated a bill had been passed to update applications and prevent cyber attacks on our power plants. Mayor Borders stated OUC was in the process of initiating some solar options that would benefit the City. XIII. Second Citizen s Forum - Any person who desires to comment on any item not on this agenda is provided this opportunity to address the City Council. Each person is requested to complete a sign-in form to be provided to the City Clerk prior to addressing the Council. Hughette Crumpler, 300 Michigan Avenue, asked Council to enter discussions with the County regarding the Joint Planning Agreement and asked for an update on the Council workshop/retreat. Council advised there would be a second Council retreat and there was no update at this time. Ms. Crumpler asked if the Mayor had paid the liens. Mr. Mantzaris advised that it had not been paid and once any additional information was available he would provide it to the Council. City Attorney Mantzaris stated that his obligation to the Council was to bring forward any new developments as they happened. Mayor Borders stated the bankruptcy would not be discharged until Ms. Crumpler also asked for a list of any employees that may have outstanding liens. Attorney Mantzaris stated his office had embarked on a process to identify those citizens, some of which were city employees. He said to date approximately $35,000 had been collected on those outstanding liens. Council Member Holmes stated they are working on bringing forward a process for bank owned properties. Ms. Crumpler asked when Mr. Brown would be coming to Council to provide them with details of the investigation. City Manager Helfenberger stated Mr. Brown would be at the next meeting. Julie Ferreira, 107 Oregon Avenue, stated she was the store manager of the new Neighborhood Walmart and she appreciated the welcome from the City and citizens and that 95% of associates were St. Cloud residents. SaShondra Smith, Auburdale, Florida, Pharmacy Manager invited everyone to the Grand Opening on April 13, 2016 at 7:30 a.m. located at 2125 Nolte Road, St. Cloud, Florida XIV. Information Section Mayor Borders read the following: Friday, April 1, Employee/Retiree Memorial Service - 9:00 City Hall Courtyard Item # VI.B 10 3/24/2016

115 Saturday, April 2, City Council Retreat 8:00 Civic Center, Room 2 Thursday, April 7, 2016 Community Redevelopment Agency Meeting - 6:00 City Hall, Council Chambers Thursday, April 14, City Council Meeting - 6:30 City Hall, Council Chambers XV. Adjournment 8:52 p.m. Mayor Rebecca Borders ATTEST: City Clerk, Linda P. Jaworski Minutes Approved: 11 3/24/2016 Item # VI.B

116 ST. CLOUD CITY COUNCIL REGULAR MEETING Thursday, April 14, 2016 City Hall Council Chambers th Street 6:30 p.m. Minutes I. Mayor Borders called the meeting to order at 6:30 p.m. II. Invocation given by Pastor Vince Manna from First Baptist Church of St. Cloud III. Pledge of Allegiance IV. Roll Call Mayor Rebecca Borders Deputy Mayor Jeff Rinehart Council Member Russell Holmes Council Member Dave Askew Council Member Donald Shroyer All members present. V. Presentations Presentation by Larry Brown 1 4/14/2016 City Manager, Joseph Helfenberger City Attorney, Daniel Mantzaris Linda P. Jaworski, City Clerk Ivy De La Cruz, Deputy City Clerk Members of the Press Larry Brown provided a brief presentation regarding a report that was submitted to Council and addressed Council s questions. Proclamation in recognition of Arbor Day. Mayor Borders presented Jacquie Dombovy and Erin Ochs with a proclamation in recognition of Arbor Day. Proclamation in recognition of Fair Housing. Mayor Borders presented Karl Theobald with a proclamation in recognition of Fair Housing Month. Proclamation in recognition of Relay for Life Mayor Borders presented Barbara King with a proclamation in recognition of Relay for Life. Proclamation in recognition of National Day of Prayer Mayor Borders presented Randy Law with a proclamation in recognition of National Day of Prayer. Proclamation in recognition of Water Safety Month Mayor Borders presented Stephanie Holtkamp and Erin Ochs with a proclamation in recognition of Water Safety Month. Item # VI.B

117 Presentation of Employee of the Month Award Chris Fasnacht presented Dianna Durbin with the Employee of the Month Award. VI. First Citizen s Forum - Any person who desires to comment on any item not on this agenda is provided this opportunity to address the City Council. Each person is requested to complete a sign-in form to be provided to the City Clerk prior to addressing the Council. Daniel Jarczynski, 449 Hamilton Park Circle, stated he could not exit his property on 5 th street without crossing two yellow lines and asked for this to be addressed. He asked for Council support to build a memorial for the soldiers that fought in Normandy and asked if the Mayor could help him reach politicians by Council sending a letter. Council consensus was to assist him with a letter. Ginger Alexander, 2000 Peachtree Boulevard, came before Council to request traffic calming devices in her subdivision. Council requested the police department to investigate further. Officer Kirk Zilke, St. Cloud Police Department requested Councils support for the May 21, 2016 Special Olympics Poker Tournament with waiver of DRC fees, use of the civic center and permission for the sale of alcohol. Council consensus was to support the event with the items requested with a resolution to be brought back to address the request to serve alcohol. Norene Rodriguez, 2725 Andes Way, asked if Council had given any thought to the parking situation in her neighborhood. City Manager Helfenberger stated they were studying how to address parking issues in current and future subdivisions. Deputy Mayor Rinehart stated he would like to workshop the parking situation throughout the City. Jim Szasz, President of BMX Track in St. Cloud, asked Council for assistance with their event on May 21, He requested tables and tents for their event. Council consensus was to sponsor with the items requested. Hughette Crumpler, 300 Michigan Avenue, stated she was disappointed with how Council had proceeded after Mr. Brown s investigative report. Deputy Mayor Rinehart made a motion to have City Manager Helfenberger request the State Attorney s Office to conduct an investigation. Council Member Shroyer seconded the motion and all members voted aye. (Vote 5-0) Amanda Taromino, 3413 Goldeneye Lane, asked when the chicken ordinance would be brought forward. City Manager Helfenberger stated the ordinance would be brought forward at a future meeting. 2 4/14/2016 Item # VI.B

118 VII. Public Hearings 1. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land Use Designation of Medium Density Residential to approximately Acres located at 3451 Canoe Creek Road; providing for amending the official Future Land Use Map of the Comprehensive Plan, filing of the Planning Commission recommendation and proof of publication, applicability and effect, severability, copies on file and effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance. Mayor Borders announced the second and final public hearing for Ordinance No Jim McNeil, Akerman LLC, 220 S. Orange Avenue, Orlando, on behalf of the property owner stated he was available to answer any questions. Deputy Mayor Rinehart made a motion to adopt Ordinance No Council Member Shroyer seconded the motion and all members voted aye. Vote (5 0) 2. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Zoning District of "PUD Planned Unit Development, compatible with a Medium Density Residential Future Land Use designation change, adopted by Ordinance No , for approximately acres, located at 3451 Canoe Creek Road; providing for entering the designation on the official Zoning Map, filing of the Planning Commission recommendation and proof of publication, severability and effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance. Mayor Borders announced the second and final public hearing for Ordinance No Discussion followed to include parking requirements and street widths. Tony Busby, 4131 Maidu Court, expressed there should be no limitations of the street widths. Council Member Askew made a motion to adopt Ordinance No Council Member Holmes seconded the motion and all members voted aye. Vote (5 0) 3. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, amending ordinance , an ordinance which assigned a Zoning designation of Planned Unit Development (PUD) to Turtle Creek located south of Rummell Road and west of Item # VI.B 3 4/14/2016

119 Narcoossee Road and described further herein; providing for approval of the amendment to the final master plan and construction plans; providing for filing of the Planning Commission recommendation and proof of publication, severability, conflicts and effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance. Mayor Borders announced the second and final public hearing for Ordinance No Sarah Myer, 800 N. Magnolia Avenue, Orlando, stated she was there on behalf of the property owners and available to answer any questions. Council Member Askew made a motion to adopt Ordinance No Deputy Mayor Rinehart seconded the motion and all members voted aye. Vote (5 0) 4. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, closing, vacating, and abandoning a utility easement generally located at the north-east corner of Brown Chapel Road and 5 th Street, specifically described in the body of this ordinance; providing for severability, conflicts and an effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance. Mayor Borders announced the second and final public hearing for Ordinance No Eleanor Tietz, 3401 Hometown Road, requested the original date the Council signed. Ms. Miller reviewed the date. Deputy Mayor Rinehart made a motion to adopt Ordinance No Council Member Askew seconded the motion and all members voted aye. Vote (5 0) 5. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, closing, vacating, and abandoning a drainage easement lying within that area specified as a portion of Villagio Replat 1, specifically described in the body of this ordinance; providing for severability, conflicts and an effective date. (Above is the full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Bill Spivey, Planner IV, Planning Department, reviewed the proposed ordinance. Mayor Borders announced the second and final public hearing for Ordinance No /14/2016 Item # VI.B

120 Shawn Hindle, Hanson, Walter & Associates, 8 Broadway, Kissimmee, on behalf of the applicant stated he was available to answer any questions. Council Member Askew made a motion to adopt Ordinance No Deputy Mayor Rinehart seconded the motion and all members voted aye. Vote (5 0) 6. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land Use designation of Medium Density Residential to approximately /- acres, located at 1015 Grape Avenue Unit C; providing for amending the official Future Land Use map of the Comprehensive Plan, filing of the Planning Commission recommendation and proof of publication, applicability and effect, severability, copies on file and effective date. (Above is the full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Bill Spivey, Planner IV, Planning Department, reviewed the proposed ordinance. Mayor Borders announced the second and final public hearing for Ordinance No with no response from the audience. Council Member Shroyer made a motion to adopt Ordinance No Council Member Askew seconded the motion and all members voted aye. Vote (5 0) 7. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a zoning district of "R-3 Multifamily Residential, compatible with a Medium Density Residential Future Land Use designation change, adopted by Ordinance No , for approximately 0.51 acres, located at 1015 Grape Avenue Unit C; providing for entering the designation on the official zoning map, filing of the Planning Commission recommendation and proof of publication, severability and effective date. (Above is the full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Bill Spivey, Planner IV, Planning Department, reviewed the proposed ordinance. Mayor Borders announced the second and final public hearing for Ordinance No with no response from the audience. Deputy Mayor Rinehart made a motion to adopt Ordinance No Council Member Shroyer seconded the motion and all members voted aye. Vote (5 0) 8. FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land Use designation of Private/Institutional to approximately 0.44 acres, located at 17th Street, south of its intersection with Pine Lake Drive; providing for amending the official Future Land Use Map of the Comprehensive Plan, filing of the Planning Commission recommendation 5 4/14/2016 Item # VI.B

121 and proof of publication, applicability and effect, severability, copies on file and effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance. Mayor Borders announced the first public hearing for Ordinance No Jack Kaplan, Vice President of the Pine Lakes Estates HOA, stated that an assisted living facility being developed only increased the concerns of traffic flow through the subdivision. Sam Sebaali, Florida Engineering Group, 5127 S Orange Avenue, Orlando on behalf of the applicant, stated they were only changing the future land use designation. Deputy Mayor Rinehart made a motion to approve the first public hearing for Ordinance No Council Member Askew seconded the motion and all members voted aye. Vote (5 0) 9. FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a zoning district of "P Professional, compatible with a Private/Institutional Future Land Use designation change, adopted by Ordinance No , for approximately 0.44 acres, located at 17 th Street, south of its intersection with Pine Lake Drive; providing for entering the designation on the official Zoning map, filing of the Planning Commission recommendation and proof of publication, severability and effective date. (Above is full title) ACTION ON ORDINANCE NO Linda Jaworski, City Clerk read Ordinance No into the record by title. Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance. Mayor Borders announced the first public hearing for Ordinance No with no response from the audience. Council Member Askew made a motion to approve the first public hearing for Ordinance No Council Member Holmes seconded the motion and all members voted aye. Vote (5 0) VIII. Consent Agenda - The next portion of tonight s meeting is the consent agenda which contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Council wish to speak on a consent item, they have the same opportunity. City Manager Helfenberger read a letter from David McGrinn, Commander VFW Post 3227, in support of the proposed bicycle path the city had planned. A. Warrant List #30 B. Minutes: January 21, 2016 / Workshop, January 28, 2016 / Regular Meeting and February 11, 2016 / Regular Meeting Item # VI.B 6 4/14/2016

122 C. Resolution No R, a resolution of the City Council of St. Cloud, Florida, authorizing and directing the Mayor to execute the fifth amendment to the Memorandum of Agreement between the City of St. Cloud, the Tohopekaliga Water Authority, Orange County, Polk County, and Reedy Creek for the cost sharing and permit compliance for the City s South Florida Water Management District Water Use Permit and providing for an effective date. COST: $236, (City s portion of the cost) D. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a first addendum to and extension of the agreement dated April 11, 2013, between the City of St. Cloud and Genset Services Inc. for generator maintenance and repair services, and providing an effective date. COST: $30, (Proposed FY Budget) E. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the St. Cloud Fire Department under the Department of Homeland Security, Federal Emergency Management Agency Assistance to Firefighters Grant for the purchase of a Fire Safety Trailer and authorizing the grants administrator to submit the grant application. COST: $3, equals 5% match of project total F. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida authorizing the Mayor to accept a public utility easement from Osceola County Board of County Commissioners, to have and to hold for all uses traditionally made of a public utility easement. COST: No cost associated with this item. G. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a first addendum to and extension of the agreement dated April 11, 2013, between the City of St. Cloud and Flowers Chemical Laboratories, Inc., whose subject matter is laboratory analyses, and providing an effective date. COST: $128, H. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a task authorization to the continuing contract and agreement for professional planning services with Tindale Oliver & Associates, Inc. dated July 10, 2014, and any amendments thereto, for a Citywide Trails Master Plan, and providing an effective date. COST: $99, I. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida authorizing the waiver of formal bidding requirements and utilizing ITB No B(LN), previously advertised for bid by Pinellas County, which is reasonable and otherwise in the best interest of the City of St. Cloud, whose subject matter is Hydrofluorosilicic Acid - Fluoride, providing for the award thereof to Hawkins, Inc. d/b/a The Dumont Company, and providing an effective date. COST: $30, (FY Budget) 7 4/14/2016 Item # VI.B

123 J. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida amending the schedule of fees and charges for the purpose of processing applications pursuant to the requirements of the City of St. Cloud s Land Development Code. COST: No cost associated with this item K. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, setting one City Council meeting date for July, and that meeting date being July 28,2016 and setting one City Council meeting date for August, and that meeting date being August 25,2016. COST: No cost associated with this item. Deputy Mayor Rinehart made a motion to approve the consent agenda as presented. Council Member Askew seconded the motion and all members voted aye. Vote (5 0) IX. Council Action 1. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, approving a Water & Wastewater Service Agreement from U-Haul Company of Florida, for U-Haul Storage Center a commercial business located in the unincorporated area of Osceola County north of Irlo Bronson Highway and west of Florence Dr. authorizing the City Manager to execute the agreement; and providing an effective date. Linda Jaworski, City Clerk read Resolution No R into the record by title. Chris Fasnacht, Public Services Operational Director, reviewed the proposed resolution. Mayor Borders announced Resolution No R with no response from the audience. Council Member Holmes made a motion to approve Resolution No R. Deputy Mayor Rinehart seconded the motion and all members voted aye. Vote (5 0) 2. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida approving a Water & Wastewater Service Agreement from H.R. Baxter & Sons Enterprises Inc., for Jowers Property a development located in the unincorporated area of Osceola County North of Nolte Rd. and west of Michigan Ave. servicing approximately fifty-four (54) homes. Authorizing the City Manager to execute the agreement; and providing an effective date. City Attorney Mantzaris stated staff had requested this item be pulled to be brought forward at a future meeting. 3. Resolution No R, a resolution of the City Council of St. Cloud, Florida, related to Town Center Villas sanitary sewer system improvement terminating the project; determining the final cost of the preliminary work completed including the cost of the assessment; authorizing the City Manager to accept payment in full of the assessment as set forth in Resolution R and R; authorizing the City Manager to approve refunds as applicable; and providing for severability and an effective date. Item # VI.B 8 4/14/2016

124 Linda Jaworski, City Clerk read Resolution No R into the record by title. City Attorney, Dan Mantzaris, reviewed the proposed resolution. Mayor Borders announced Resolution No R with no response from the audience. Deputy Mayor Rinehart made a motion to approve Resolution No R. Council Member Holmes seconded the motion and all members voted aye. Vote (5 0) X. City Attorney City Attorney, Dan Mantzaris stated the Ethics Training CD s were ready for Council to view and complete their training by July 1, He requested Council approval for City Manager Helfenberger to continue to lease the property at 803 Massachusetts on a monthly basis. Council consensus was for the Mayor to sign the lease. XI. City Manager City Manager Joseph Helfenberger stated he had received the resolution from the County Commissioners agreeing to meet with the City on the Interlocal Service Boundary agreement. He said the three (3) major topics were: 1. Accelerate construction on county roads in St. Cloud 2. County to take over payment of Nolte Road 3. Provide for transition of services for joint planning development areas City Manager Helfenberger stated the committee on Make St. Cloud Shine was targeting the 55+ housing projects; helping to repair and spruce up at least one property a month. XII. Mayor and Council Members Deputy Mayor Rinehart stated he had nothing at this time. Council Member Holmes stated he had nothing at this time. Council Member Askew stated he had nothing at this time. Council Member Shroyer stated that over the past year many things transpired that had led him to bring before Council a motion to have Mayor Borders censured for her actions. Deputy Mayor Rinehart seconded the motion. Discussion followed by members of Council under the advisement of City Attorney Mantzaris. The motion to censure the Mayor Borders failed. (Vote 2-3) Council Member Holmes, Council Member Askew and Mayor Borders voted nay. 9 4/14/2016 Item # VI.B

125 XIII. Second Citizen s Forum - Any person who desires to comment on any item not on this agenda is provided this opportunity to address the City Council. Each person is requested to complete a sign-in form to be provided to the City Clerk prior to addressing the Council. Anthony Busby, 4131 Maidu Court requested, the speaker time light at the podium be mounted on the top. Hughette Crumpler, 300 Michigan Avenue, asked if the Mayor s lien had been paid. Mr. Mantzaris stated he did not have information regarding the lien, but the property had been surrendered in the bankruptcy. She felt it was a personal choice regarding the property. She felt Council should be role members and was disappointed in the vote. People should not express a fact when it was an opinion. Justin Taromino, 3413 Goldeneye Lane, appreciated the Council being open and honest. He questioned some of the news media s quotes from the Mayor and Council and stated everyone has a right to their opinion. Council Member Askew stated the atmosphere with staff and Council was completely different from a year ago. Deputy Mayor Rinehart stated that the City was moving forward under City Manager Helfenberger. XIV. Information Section Mayor Borders read the following: Friday, April 15, 2016 Coffee with the Mayor - 7:30 in the Bridge Saturday, April 16, Arbor Day Event - 9:00 a.m. to 12:00 Ted Broda Memorial Park Thursday, April 21, City Council Workshop - 6:00 City Hall, Council Chambers Thursday, April 28, City Council Meeting - 6:30 City Hall, Council Chambers XV. Adjournment: 9:07 p.m. Mayor Rebecca Borders ATTEST: City Clerk, Linda P. Jaworski Minutes Approved: 10 4/14/2016 Item # VI.B

126 AGENDA First Reading: Item # Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: MAY 26, 2016 Final Action: 05/26/2016 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: COST OF PROJECT: COST: $1,355, (Estimated) This is an extension of the agreement for an additional one-year period through July 5, 2017, at the same terms and conditions as allowed by Section 4 of the agreement. Petroleum Traders Corporation provides unleaded and diesel fuels for the City s annual fuel requirements. Funds will be allocated by purchase order from various approved and budgeted projects and expenditure accounts throughout the fiscal year. Staff recommends approval of this request. FINANCE DIRECTOR'S COMMENTS: Estimated cost to be funded from FY15/16 and FY16/17 according to the period as stated in the agreement terms. Recommend approval. PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: CITY COUNCIL ACTION: Item # VI.C

127 05/26/2016 ATTACHMENTS: Description Resolution No R Exhibit A Item # VI.C

128 RESOLUTION NUMBER R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A SECOND ADDENDUM TO AND EXTENSION OF THE AGREEMENT DATED AUGUST 14, 2014, BETWEEN THE CITY OF ST. CLOUD AND PETROLEUM TRADERS CORPORATION FOR MOTOR FUELS TRANSPORT DELIVERIES LOTS 1, 2, & 3, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has an agreement, dated August 14, 2014, with Petroleum Traders Corporation for motor fuels transport deliveries lots 1, 2, & 3, and WHEREAS, the City wishes to extend the agreement for an additional year per Section 4 of the agreement, and WHEREAS, the extended term of the agreement will be from July 6, 2016, through July 5, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of St. Cloud, Florida, as follows: SECTION I. The Mayor is authorized to enter into a second addendum to and extension of the agreement between the City of St. Cloud and Petroleum Traders Corporation, as more particularly set forth in Exhibit A, attached hereto and incorporated herein by reference. SECTION II. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida, on this 26 th day of May CITY OF ST. CLOUD ATTEST: Rebecca Borders, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: debeaubien, Knight, Simmons, Mantzaris & Neal LLP Daniel F. Mantzaris, City Attorney Item # VI.C

129 Item # VI.C

130 AGENDA First Reading: Item # Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: MAY 26, 2016 Final Action: 05/26/2016 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: COST OF PROJECT: COST: $117, The scope of requested work is outlined in the proposal. Funds are available in Project No. WW1613, account number FINANCE DIRECTOR'S COMMENTS: Project WW1613 has available funds. Recommend approval. PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 05/26/2016 Item # VI.D

131 ATTACHMENTS: Description Resolution No R Task Authorization Exhibit A Item # VI.D

132 RESOLUTION NUMBER R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A TASK AUTHORIZATION TO THE CONTINUING CONTRACT AND AGREEMENT FOR SANITARY SEWER LIFT STATION REHABILITATION WITH DANUS UTILITIES, INC., FOR LIFT STATION 27, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has a continuing contract and agreement for sanitary sewer lift station rehabilitation with Danus Utilities, Inc., dated November 13, 2014, and WHEREAS, the City is in need of sanitary sewer lift station rehabilitation services for the Lift Station 27, and WHEREAS, Danus Utilities, Inc. has submitted a proposal for the tasks as outlined in Exhibit A Lift Station 27. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of St. Cloud, Florida, as follows: SECTION I. The Mayor is authorized and she is directed to enter into the task authorization to that certain agreement dated November 13, 2014, and any amendments thereto, between the City of St. Cloud and Danus Utilities, Inc., as more particularly set forth in Exhibit A, attached hereto and incorporated herein by reference. SECTION II. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida this 26 th day of May CITY OF ST. CLOUD ATTEST: Rebecca Borders, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED de Beaubien, Knight, Simmons, Mantzaris, & Neal, LLP Daniel F. Mantzaris, City Attorney Item # VI.D

133 Item # VI.D

134 Item # VI.D

135 Item # VI.D

136 AGENDA First Reading: Item # Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: MAY 26, 2016 Final Action: 5/26/2016 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: COST OF PROJECT: N/A Changing these fees reflects the current fees being charged in the Central Florida region. This will allow for EMS billing to be comparable to other agencies in area and will help absorb the constant increase in the cost of medication and operational equipment. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 5/26/2016 Item # VI.E

137 ATTACHMENTS: Description Resolution No R With Strickthrough Exhibit Ambulance Fees Resolution No Item # VI.E

138 RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, REVISING THE EMERGENCY SERVICES FEES AS PROVIDED BY CITY CODE, CHAPTER 34, ARTICLE II, EMERGENCY MEDICAL SERVICES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance Number 90-CC, adopted on September 13, 1990, provided for EMS Abode Availability Fees, EMS Retail Business Availablity Fees, EMS Service Business Availability Fees, and EMS Industrial Availability Fees; and WHEREAS, Ordinance Number 90-SSSS, adopted on November 8, 1990, provided for a Schedule of Usage Fees and Charges for users of the St. Cloud Emergency Medical Services; and WHEREAS, Ordinance Number 95-40, adotped on October 12, 1995, amended Ordinance 90-CC and 90-SSSS, and provided for EMS Abode Availability Fees, EMS Retail Business Availablity Fees, EMS Service Business Availability Fees, and EMS Industrial Availability Fees, and a Schedule of Usage Fees and Charges for users of the St. Cloud Emergency Medical Services to be set from time to time in Resolution form by the City Council; and WHEREAS, Ordinance Number 97-08, adopted on April 24, 1997, amended Ordinance 90-CC by providing for the subscrition charge to the EMS fees to be set from time to time in Resolution form by the City Council; WHEREAS, Ordinance Number 12-40, adopted on March 8, 2012, amended Ordinance 90-CC by providing for the subscrition charge to the EMS fees to be set from time to time in Resolution form by the City Council; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of St. Cloud, Florida, as follows: SECTION I. The Emergency Medical Services fees are hereby restated as follows: Section Schedule of Usage Fees Ambulance Base Rate Fee will be charged to all individuals per response, per person, when services are provided. Mileage Fee includes transport to hospital or transport to a landing zone for air ambulance transport. Basic Life Support (BLS) Transport $ $ Advanced Life Support (ALS1) Transport $ $ Advanced Life Support (ALS2) Transport $ $ Critical Care Transport Fee (SCT) $ N/A $ Treatment Without Transport $ N/A $ Mileage Rate Per Response, Per Person: $ 9.00 $ Extrication Forcible Entry/Removal $ (Adding) - Special Event Standby Item # VI.E

139 All Standby Fees must be paid prior to the event. The charges in the Standby Fee Schedule do not reflect the cost of an actual emergency response service costs. A minimum standby detail charge of 4 hours will be applicable to all special event standbys. An additional minimum charge of 1 hour may be applied to standby engagements for setup and demobilization. The Fire Chief or designee, may modify the staffing mix if deemed necessary to provide proper service for any event, based on venue, conditions, geography or other relevant factors. For Profit Standby Fees Tier 1 Standby Fees (1 5 Personnel) Standard Fee $ Additional Fee Per Hour $ Tier 2 Standby Fees (6 12 Personnel) Standard Fee $ Additional Fee Per Hour $ Discounted Non- Profit Standby Fees Tier 1 Standby Fees (1 5 Personnel) Standard Fee $ Additional Fee Per Hour $ Tier 2 Standby Fees (6 12 Personnel) Standard Fee $ Additional Fee Per Hour $ SECTION II. A copy of this resolution shall be maintained on file in the City Clerk s Office. SECTION III. All resolutions or portions of resolutions in conflict herewith are repealed. SECTION IV. This resolution shall take effect October 1, PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida on this 26th day of May, CITY OF ST. CLOUD ATTEST: Mayor, Rebecca Borders Linda Jaworski, City Clerk Legal in Form and Valid if Adopted Daniel F. Mantzaris, City Attorney Item # VI.E

140 Ambulance Fees City/County Base Rate BLS ALS1 ALS2 Mileage (Per Mile) Osceola County $ $ $ $ 9.00 Kissimmee $ $ $ $ St Cloud $ $ $ $ 9.00 Polk County $ $ $ $ 9.00 Brevard County $ $ $ $ 9.18 Orange County $ $ $ $ Orlando $ $ $ 1, $ Okeechobee $ $ $ $ 8.00 Indian River County $ $ $ $ Lake County $ $ $ $ 9.50 Seminole County $ $ $ $ 9.00 Average $ $ $ $ 9.94 *** Polk County Critical Care Fee $ *** Kissimmee Treatment Without Transport Fee $ Item # VI.E

141 RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, REVISING THE EMERGENCY SERVICES FEES AS PROVIDED BY CITY CODE, CHAPTER 34, ARTICLE II, EMERGENCY MEDICAL SERVICES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance Number 90-CC, adopted on September 13, 1990, provided for EMS Abode Availability Fees, EMS Retail Business Availablity Fees, EMS Service Business Availability Fees, and EMS Industrial Availability Fees; and WHEREAS, Ordinance Number 90-SSSS, adopted on November 8, 1990, provided for a Schedule of Usage Fees and Charges for users of the St. Cloud Emergency Medical Services; and WHEREAS, Ordinance Number 95-40, adotped on October 12, 1995, amended Ordinance 90-CC and 90-SSSS, and provided for EMS Abode Availability Fees, EMS Retail Business Availablity Fees, EMS Service Business Availability Fees, and EMS Industrial Availability Fees, and a Schedule of Usage Fees and Charges for users of the St. Cloud Emergency Medical Services to be set from time to time in Resolution form by the City Council; and WHEREAS, Ordinance Number 97-08, adopted on April 24, 1997, amended Ordinance 90-CC by providing for the subscrition charge to the EMS fees to be set from time to time in Resolution form by the City Council; WHEREAS, Ordinance Number 12-40, adopted on March 8, 2012, amended Ordinance 90-CC by providing for the subscrition charge to the EMS fees to be set from time to time in Resolution form by the City Council; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of St. Cloud, Florida, as follows: SECTION I. The Emergency Medical Services fees are hereby restated as follows: Section Schedule of Usage Fees Ambulance Base Rate Fee will be charged to all individuals per response, per person, when services are provided. Mileage Fee includes transport to hospital or transport to a landing zone for air ambulance transport. Basic Life Support (BLS) Transport $ Advanced Life Support (ALS1) Transport $ Advanced Life Support (ALS2) Transport $ Critical Care Transport Fee (SCT) $ Treatment Without Transport $ Mileage Rate Per Response, Per Person: $ Item # VI.E

142 Special Event Standby All Standby Fees must be paid prior to the event. The charges in the Standby Fee Schedule do not reflect the cost of an actual emergency response service costs. A minimum standby detail charge of 4 hours will be applicable to all special event standbys. An additional minimum charge of 1 hour may be applied to standby engagements for setup and demobilization. The Fire Chief or designee, may modify the staffing mix if deemed necessary to provide proper service for any event, based on venue, conditions, geography or other relevant factors. For Profit Standby Fees Tier 1 Standby Fees (1 5 Personnel) Standard Fee $ Additional Fee Per Hour $ Tier 2 Standby Fees (6 12 Personnel) Standard Fee $ Additional Fee Per Hour $ Discounted Non- Profit Standby Fees Tier 1 Standby Fees (1 5 Personnel) Standard Fee $ Additional Fee Per Hour $ Tier 2 Standby Fees (6 12 Personnel) Standard Fee $ Additional Fee Per Hour $ SECTION II. A copy of this resolution shall be maintained on file in the City Clerk s Office. SECTION III. All resolutions or portions of resolutions in conflict herewith are repealed. SECTION IV. This resolution shall take effect October 1, PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida on this 26th day of May, CITY OF ST. CLOUD ATTEST: Mayor, Rebecca Borders Linda Jaworski, City Clerk Legal in Form and Valid if Adopted Daniel F. Mantzaris, City Attorney Item # VI.E

143 AGENDA First Reading: Item # Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: MAY 26, 2016 Final Action: 05/26/2016 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. To enter into an agreement with Waste Management Inc., of Florida for a tiered gate rate tipping fee. The City of St. Cloud (City) and Waste Management Inc. of Florida (WM) have a mutual interest in WM bri commercial and residential municipal solid waste to the City s transfer station. Waste Management Inc. of Florida has historically been the largest source of incoming MSW to the City s transfer s bringing 20,532 tons of residential MSW and 29,839 tons of commercial MSW in FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: Item # VI.F

144 05/26/2016 ATTACHMENTS: Description Resolution Exhibit "A" Item # VI.F

145 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH WASTE MANAGEMENT INC. OF FLORIDA TO PROVIDE FOR A TIERED GATE RATE (TIPPING FEE) FOR COMMERCIAL MUNICIPAL SOLID WASTE, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the City of St. Cloud (City) and Waste Management Inc. of Florida (WM) have a mutual interest in WM bringing commercial and residential municipal solid waste to the City s transfer station. WHEREAS, WM has historically been the largest source of incoming MSW to the City s transfer station bringing 20,532 tons of residential MSW and 29,839 tons of commercial MSW in WHEREAS, a discounted gate rate will apply for residential MSW only as indicated in the attached Exhibit A. WHEREAS, Construction and demolition material will be charged at the current gate rate as set forth by the City of St. Cloud Council. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA: Section I. The Mayor is authorized and she is directed to execute the Letter of Agreement attached hereto as Exhibit A. Section II. This resolution shall take effect July 1, PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida on May 26, ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED. debeaubien, Knight, Simmons, Mantzaris & Neal, LLP Daniel F. Mantzaris, City Attorney CITY OF ST. CLOUD Rebecca Borders, Mayor C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\C06DAB70-6CBD-496F-B82B-F5FE7ECECAFA\ST CLOUD RESOLUTION_NO._ R_WASTE_MANAGEMENT.DOC Item # VI.F

146 AGREEMENT THIS AGREEMENT, made this /t dayof,1h*y 2016, between the City of St. Cloud, a Municipal Corporation of the State of Florida (hereinafter referred to as the "C TY"), 1300 Ninth Street, St. Cloud, Florida, and Waste Management lnc of Florida (hereinafter referred to as "Waste Management"), 3510 Rio Vista Avenue, Orlando, FL3Z80S, in consideration of the covenants, representations and agreements herein contained, agree as follows: 1. SCOPEOf SERVICES: C TYownsandoperatesasolidwastetransferstation at27os Peghorn way. clry agrees to accept deliveries of Municipalsolid waste ("MSW") from commercial establishments from Waste Management at the transfer station and to furnish alt labor, equipment and transportation to deliver and dispose of the MSW at the Oak Hammock Landflll (JED) in Holopaw, Florida, All services provided shall be performed in accordance with this agreement and with any and all applicable law, rules and regulations, professional standards and guidelines. 2. COMPENSATION SCHEDULE: A. B. CIW hereby agrees to a tiered gate rate by tonnage for accepting Waste Managements Commerclal MSW at the City of St. Cloud Transfer Station for dlsposal at the JED Landffll frclllty located south of Holopaw in osceola county. waste Management shall initially, and forthe first year of this agreement, pay the discounted gate rate of $42.45 for Residential MSW and the followingtiered rate for Commercial MSW on a monthly basis: 1! 1501tons and above=$ tons and belour = $ ) construction and demolition materlal will be charge at current gate rate ($45.60) perton. Therefore the gate rate, (perton price) shall be adjusted annually on october 1, for proportionate lncreases and decreases in cpl, but will never be less than $42.00 per ton. The term cpl means the consumer prlce lndex for Att urban Consumerc, Southern Region, published bythe Bureau of LaborStatistics of the u.s. Department of Labor as of March 1 of the same calendar year. lf the cpl ceases to be publlshed, any substitute or successor equlvalent index published by any aeency of the u.s. will be used. The annual adjustment of the per ton price will be the product of multiplied by a fraction, the numerator of which is the comparison index (the CPI ln effect for the calendar month in which the adjustment is made) and the denominator of whlch is the base index (the Cpt in effect forthe calendar month in whlch this Agreement is executed). Item # VI.F

147 C. CITY shall provide Waste Management whh invoices on a monthly basis which detail, in accordance with industry standard, the MSW accepted bythe CITY, on behalf of Waste Management. Waste Management shall pay all valid, uncontested invoices submitted in accordance with Florida's Prompt Payment Act, Florida Statutes, Chapter 218, Part Vll. ln the event that Waste Management disputes any invoices submitted, it shall advise the CITY in writing and said invoice shall not be deemed due and payable under this agreement. 3. TERM. This agreement shalltake effectjanuary \2AL6 after executed by both parties and shall continue for one (1) year. Thereafterthe Agreement shall be automatically renewed for one (1) additional one {1} year term, unless terminated by either party prior to the renewal date. 4. AUTHORIZED REPRESENTATIVE OF THE CITY. Duringtheterm of this agreement, CITY shall designate a representative authorized to act on behalf of the CITY, as proved by law, with respect to the agreement. 5. INDEMNIFICATION. Waste Management agrees to hold harmless and lndemnifr, lncluding attorney fees, CITY, its offlcers, employees and agents against any and all clalms, losses, damages or lawsuits for damages, arisingfrom or related to negllgent acts, errors or omissions of the CITY in no event shall CONTACTOR be liable for indirect, consequentlal or liquidated damages. 6. INDEPENDEIIT. lt is agreed by the parties thd at alltimes and for all purposes within the scope of this agreement the relationshlp of the CITY to Waste Management is that of an independent contracting entities and no joint venturg partnershlp or other business arrangement is estahlished or intended. 7. NOTICES. All notices shall be in writing and sent by United States mail, certified or registered, wlth return receipt requested and postage prepaid, or by nationally reco6nized overnight courler service to the address of the party set forth below. Any such notice shall be deemed given when recelved by the party to whom it is intended. Waste Management: CITY: Ron Pruim, Jr. Waste Management lnc of Florida 3510 Rlo Vista Avenue Orlando, FL City Manager City of St. Cloud 1300 Ninth Street St. Cloud, FL34769 Item # VI.F

148 8. GENERAL PROVISIONS: A. Attorngys' Fees. ln the event a suit or action is instituted to enforce or interpret any provision of this abreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonahle as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. B. Wajv,er. The waiver hy CITY or by Waste Management of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. C. Severab.illW. lf any provision of this agreement or the application thereof to any person or circumstance is to any extent lnvalid or unenforceable, such provlsion, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under appllcable law, the remainder of this agreement and the application of such a provlsion to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. D. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. E. Entire Agreement. This agreement includingthe documents incorporated by reference contains the entire understanding ofthe parties hereto and supersedes all prior and contemporaneous agreements between the partles. F. Conflict. ln the event of conflict, the terms and conditions of this agreement shallprevail. G. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Osceola Coun\, Florida. H. Apolicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance wlth laws of the State of Florlda. l. Records. Waste Management expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examlnatlon ad productlon in accordance with Florida's Public Records Law. To the extent that the Public Records Law applies to documents provided to the CITY by Waste Management Waste Management Item # VI.F

149 expressly agrees that it will comply with the requirements related to said law and that it will hold CIW harmless for any failure to disclose such documents as may be required bythe Publlc Records Law. J. Termination. Either part may terminate this Agreement given one hundred twenty (120) days written notice to the other party. K. Bindine Effect. This Agreement shall be blnding upon and enure to the benefit of the parties hereto, their heirs, persona representatlves, successors andfor assigns. ln WITNESS WHEREOF, the parties hereto have made and executed this agreement for the purposes herein expressed on the date first above written. CIW OF ST. CLOUD, FLORIDA Waste Management tnc of Florida By: Rebecca Borders, Mayor Date: 5-lz-?e/u AfiEST: ATTEST: By: Date: Linda Jaworski - City Clerk By: Its: (Corporate SealI Item # VI.F

150 AGENDA First Reading: Item # Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: MAY 26, 2016 Final Action: 05/26/ Final Action AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: COST OF PROJECT: No cost assoicated with this item. RESOLUTION NO R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the City Manager to enter into an Interlocal Agreement on behalf of the City of St. Cloud, Florida, with the Osceola County Supervisor of Elections, for the purpose of conducting municipal elections. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 05/26/ Final Action Item # VI.G

151 ATTACHMENTS: Description resolution Agreement Item # VI.G

152 RESOLUTION NUMBER R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT ON BEHALF OF THE CITY OF ST. CLOUD, FLORIDA, WITH THE OSCEOLA COUNTY SUPERVISOR OF ELECTIONS, FOR THE PURPOSE OF CONDUCTING MUNICIPAL ELECTIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, as follows: SECTION I. The City Manager is authorized and he is directed to enter into an Interlocal Agreement with the Osceola County Supervisor of Elections, for the purpose of conducting Municipal Elections as more particularly set forth in Exhibit "A". SECTION II. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida, on the 26 th day of May, CITY OF ST. CLOUD ATTEST: Rebecca Borders, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED. Daniel F. Mantzaris, City Attorney Item # VI.G

153 MUNICIPAL ELECTION AGREEMENT FOR ELECTION SERVICES BY AND BETWEEN THE OSCEOLA COUNTY SUPERVISOR OF ELECTIONS AND THE CITY OF ST. CLOUD, FLORIDA THIS AGREEMENT( Agreement ), is made and entered into this day of, 2016 effective 2016, by and between Mary Jane Arrington, the Osceola County Supervisor of Elections, an elected constitutional officer (hereinafter "SOE"), and the City of St. Cloud (hereinafter "Municipality"), a municipal corporation, chartered and organized in accordance with the laws of the State of Florida. WHEREAS, Chapters , Florida Statutes, constitutes the Florida Election Code, which applies to municipalities; and WHEREAS, Section , Florida Statutes, provides that the Florida Election Code applies to a Municipality's election in the absence of any special act, charter or ordinance; and WHEREAS, the Municipality has requested the assistance of the SOE in conducting the Municipal elections, and the SOE is agreeable to providing such election services; and WHEREAS, the Municipality and the SOE desire to work together to provide for municipal elections and to allocate responsibilities, costs and terms between the parties to ensure that all applicable laws, rules, special acts, charters or ordinances are followed. THEREFORE, IT IS HEREBY AGREED, that in consideration of the mutual covenants and promises contained in this Agreement, and for the mutual benefits of the parties, the parties agree as follows: 1. GENERAL PROVISIONS Municipal elections are to be conducted under any applicable ordinances of the Municipality and all sections of Chapters , Florida Statutes (the State Election Code). It is understood that the provisions of this Agreement are based on current state law, and if any changes in election law should occur during the term of this Agreement, those changes will supersede the terms of this Agreement where applicable. It is understood that the SOE is in charge of the election, and that the County Canvassing Board is responsible for canvassing the election (no cost to the Municipality) during an election held in conjunction with a County Election. The Municipality may have a designated representative in the canvassing board room. This designee may only serve in an observer capacity and may not participate in the canvassing of the election. The County Canvassing Board will determine whether a recount is required and advise the Municipality. The County Canvassing Board will certify the election results and will provide a Certificate of Election and a Conduct of Election report to the Municipality. Item # VI.G

154 The Municipality is responsible for the costs associated with any legal action or contest of election arising from its election. The Municipality, the SOE and the County Canvassing Board agree that the SOE will decide who will represent her office and the County Attorney s Office may represent the County Canvassing Board in any legal action concerning the canvass or certification of the election. 2. PURPOSE This agreement sets forth the terms and conditions under which services will be provided by the SOE to the Municipality for municipal elections and to set forth the responsibilities of both parties so that there is a clear understanding of the rights and responsibilities of all parties. Such rights and responsibilities shall apply to the General, Run-Off, Special and Recount elections as necessary, as well as to the Post Election Audit, unless otherwise stated hereinafter. 3. DATES OF ELECTIONS The date(s) of any subject election(s) will coincide with the County election schedule. The Municipality shall not call any special election, or set any election date, without first coordinating the proposed election(s) date(s) with the SOE at least one hundred and twenty (120) days prior to the proposed election(s). 4. FEES AND CHARGES TO BE PAID BY THE MUNICIPALITY The Municipality shall pay the actual cost, as billed, for all municipal elections (including special elections, recounts, annexation elections or mail ballot elections). If a Municipal election coincides with a scheduled County election, the Municipality shall be responsible only for the additional costs caused by the Municipal election. These costs may include, but are not necessarily limited to advertising, postage, ballots, court reporter services, delivery of equipment to polling locations, SOE services, poll worker training, election workers wages and Social Security taxes and any necessary supplies required for an election. The SOE may also charge for staff costs at the SOE s sole and exclusive discretion. a. If a Municipal election is held in conjunction with a scheduled County election, the municipality will be responsible for any actual costs associated with printing and handling of additional ballot pages if any Municipal ballot contest or measure results in the County's ballot extending an additional page(s). b. A Municipal election that is held separately ( stand alone ) from a County election will result in the Municipality being billed for total actual costs of the election as referenced above. It is understood that some of these costs may be directly billed to the Municipality by a Vendor(s). For estimate election costs incurred by the SOE, the Municipality will be billed in advance by the SOE for a deposit of these funds. Copies of paid invoices and supporting documents will be mailed to the Municipality within 45 days of the election; the SOE will bill the Municipality for any additional expenses that the deposit does not cover. Item # VI.G

155 5. SOE RESPONSIBILITIES FOR MUNICIPAL ELECTIONS ON A SCHEDULED COUNTYELECTION a. SOE is to survey, contract and reimburse all polling places to include testing of phone lines. The SOE is to provide insurance coverage for polling places and poll workers at all relevant times through the County risk management policies. b. SOE will hire poll workers, as well as schedule, train and pay the poll workers. c. SOE is to approve and schedule poll watchers. d. SOE is to provide all advertising as required by Florida law. e. SOE is to conduct candidate qualifying and notification of candidates of election related activities and verification of candidate petitions, if applicable. The State of Florida will establish the qualifying dates for the election. The SOE will serve as the financial filing officer. f. SOE shall provide for the printing of all required ballots and audio files. g. SOE is to conduct mail ballot voting for the municipal elections. h. SOE is to conduct Early Voting, if applicable. i. SOE is to compile Election Day results and provide results to the County Canvassing Board, and to Municipality, if necessary. j. SOE is to conduct testing of voting system equipment. k. SOE is to conduct any required audits, with the majority of the canvassing board to be present at all times. l. SOE is to provide security procedures for municipal elections as required by Florida law. 6. SOE RESPONSIBILITIES FOR MUNICIPAL ELECTIONS NOT SCHEDULED DURING ACOUNTY ELECTION, SUBJECT TO REIMBURSEMENT FROM THE MUNICIPALITY a) SOE is to review and approve all polling places (including testing of phone lines). The Municipality is responsible for insurance coverage for polling places and poll workers at all relevant times b) SOE will hire pollworkers, as well as schedule and train the pollworkers. Municipality is responsible for the direct payment of poll worker services. c) SOE is to approve and schedule pollwatchers. d) SOE is to conduct candidate qualifying and notification of candidates of election related activities and verification of candidate petitions, if applicable. The SOE will establish the qualifying dates for the election. The SOE will serve as the financial filing officer. e) SOE is to provide for the printing of all ballots and required audio files. f) SOE is to conduct mail ballot voting for the municipal elections. g) SOE is to conduct Early Voting, if applicable. h) SOE is to compile Election Day results and provide results to the Municipality, if necessary. i) SOE is to conduct testing of voting system equipment. j) SOE is to conduct any required audits, with the majority of the canvassing board to be present at all times. Item # VI.G

156 k) SOE is to provide security procedures for municipal elections, as required by Florida Law. l) The Municipality may be directly billed for applicable costs by vendors, etc. For election costs incurred by the SOE, the Municipality will be billed directly by the SOE (as detailed in 4(b) of this Agreement). 7. MUNICIPALITY RESPONSIBILITIES FOR MUNICIPAL ELECTIONS ON A SCHEDULED COUNTY ELECTION a. The Municipality shall assure all political boundaries and annexations are accurate, up to date, and provided to the SOE no later than ninety (90) daysprior to each election, assuming there are no pending annexation petitions being considered or proposed by Municipality. If an annexation petition is pending less than one hundred twenty (120) days prior to any election contemplated by this Agreement, Municipality shall immediately notify SOE of said annexation petition, when it will be considered, and the areas it will impact. b. Municipality shall be responsible for all advertising that may be required by Municipality s charter or other local requirements that are outside of the advertising required by Florida Election Code. c. Municipality shall provide ballot language to the SOE no later than the expiration of the qualifying period. All ballot language must comply with Section (1), F.S. and Rule 1S-2.032, Florida Administrative Code. Municipality will approve the races on the ballot before the ballot is printed. d. Municipality shall be responsible for the actual costs of printing additional pages should the municipal ballot measure result in extending the ballot to an additional page(s). 8. MUNICIPALITY RESPONSIBILITIES FOR MUNICIPAL ELECTIONS NOT SCHEDULED DURING A COUNTY ELECTION a. The Municipality shall assure all political boundaries and annexations are accurate, up to date, and provided to the SOE no later than ninety (90) days prior to each election, assuming there are no pending annexation petitions being considered or proposed by Municipality. If an annexation petition is pending less than one hundred twenty (120) days prior to any election contemplated by this Agreement, Municipality shall immediately notify SOE of said annexation petition, when it will be considered, and the areas it will impact. b. Municipality is responsible for all advertising required by Florida Law, city charter, or other local requirement. c. Municipality is to provide ballot language to the SOE no later than the expiration of the qualifying period. All ballot language must comply with Section (1), F.S. and Rule 1S-2.032, Florida Administrative Code. Municipality will approve the races on the ballot before the ballot is printed. d. Municipality shall be responsible for all applicable costs billed by vendors and for reimbursing the SOE for the total election costs incurred by the SOE, as detailed in this Agreement. Item # VI.G

157 e. The Municipality is responsible for insurance coverage for polling places and poll workers at all relevant times for contracting and reimbursement for the use of the polling place facilities. 9. INDEMNITY Each party to this Agreement shall be liable for its own actions and negligence. To the extent permitted by law, Municipality shall indemnify, defend and hold harmless the SOE against any actions, claims or damages arising out of the Municipality's negligence in connection with its performance under this Agreement; and the SOE shall indemnify, defend and hold harmless the Municipality against any actions, claims or damages arising out of the negligence of the office of the SOE in connection with its performance under this Agreement. The foregoing indemnification shall not constitute a waiver of either party s sovereign immunity or extend the limits of liability outlined in Section , F.S. Municipality shall defend legal challenges relating to its municipal election(s), including election contests, notice issues, constitutional challenges, etc., and shall be fully responsible for all legal costs and attorney s fees incurred for any such defense of the Municipality and the SOE, including costs and attorney s fees incurred pre-litigation, during litigation or any appeal(s). It is agreed by the parties that this Agreement shall be governed by the Laws of the State of Florida. The parties further agree that the exclusive venue and jurisdiction for any action sought to enforce the terms of this Agreement shall lie in the County or Circuit Courts in and for Osceola County, Florida. The Parties specifically waive their right to venue or jurisdiction in any of the United States District Courts. 10. TERM This Agreement shall begin on, 2016 ( Effective Date ) and continue for an initial term of two (2) years. This Agreement shall be automatically renewed for additional two (2) year terms unless earlier terminated by either of the parties in accordance with the same terms and conditions set forth herein, unless otherwise modified in writing by mutual agreement of the parties. This Agreement may be terminated by either party by providing at least one hundred and twenty (120) days written notice to the non-terminating party. 11. CHANGES IN LAW In the event a change in law abrogates or modifies any provisions or applications of this Agreement, the parties agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 12. MODIFICATIONS This is the complete and final Agreement between the parties. No representations other than those set forth herein shall be binding upon the parties. No modification of this Agreement shall be effective unless submitted in writing and signed by both parties. Item # VI.G

158 13. NOTICES All formal notices affecting the provisions of this Agreement may be delivered in person or be sent by facsimile, registered mail or a recognized overnight courier, to the individual designated below: For the SOE: Mary Jane Arrington Osceola County Supervisor of Elections 2509 E. Irlo Bronson Memorial Highway Kissimmee, FL For the Municipality: Joe Helfenberger City Manager th Street St. Cloud, FL SEVERABILITY If any clause, section or provision of this Agreement shall be declared unconstitutional, invalid or unenforceable for any cause or reason, the remaining portion of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective, SUPERVISOR OF ELECTIONS CITY OF ST. CLOUD Mary Jane Arrington Osceola County Supervisor of Elections City Manager City of St. Cloud Date: Date: Item # VI.G

159 AGENDA First Reading: Item # Council Action First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: MAY 26, 2016 Final Action: 05/26/2016 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. This development is located in the unincorporated area of Osceola County north of Nolte Rd. and west of Michigan Ave. and is requesting water and sewer service by the City of St. Cloud Utility System. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: CITY COUNCIL ACTION: 05/26/2016 Item # VIII.1

160 ATTACHMENTS: Description Resolution Exhibit "A" Exhibit "B (1 of 2) Exhibit "B" (2 of 2) Item # VIII.1

161 RESOLUTION NUMBER R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA APPROVING A WATER & WASTEWATER SERVICE AGREEMENT FROM NOLTE LAND I, LLC., FOR JOWERS PROPERTY A DEVELOPMENT LOCATED IN THE UNINCORPORATED AREA OF OSCEOLA COUNTY NORTH OF NOTLE RD. AND WEST OF MICHIGAN AVE. SERVICING APPROXIMATELY FIFTY-FOUR (54) HOMES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, as follows: SECTION I. The City Manager of the City of St. Cloud, Florida is authorized and is directed to execute the Water & Wastewater Service Agreement from Nolte Land I, LLC., as agreement to provide water and wastewater utility service to Jowers Property, as more particularly set forth in Exhibit A attached hereto and incorporated herein by reference. SECTION II. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida on May 26, CITY OF ST. CLOUD ATTEST: Rebecca Borders, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED. debeaubien, Knight, Simmons, Mantzaris & Neal, LLP Daniel F. Mantzaris, City Attorney Item # VIII.1

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