ST. CLOUD CITY COUNCIL REGULAR MEETING April 24, 2014 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. Invocation III. Pledge of Allegiance IV. Roll Call Mayor Rebecca Borders Deputy Mayor Donald Shroyer Council Member Jeff Rinehart Council Member Russell Holmes Council Member Mickey Hopper V. Presentations Proclamation in recognition of National Day of Prayer Proclamation in recognition of Water Conservation Month. Award Presentation for the Drop Savers Water Conservation Coloring Contest Presentation by the Greater Osceola Partnership for Econimc Prosperity (GOPEP) 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. 2014-08, an ordinance of the City Council of the City of St. Cloud, Florida, closing, vacating, and abandoning right-of-way located west of the intersection of Narcoossee Road and Lillian Lee Road specifically described in the body of this ordinance; providing for severability,
conflicts, and an effective date. (Above is full title) ACTION ON ORDINANCE 2014-08 2. FIRST PUBLIC HEARING FOR ORDINANCE NO. 2014-12, an ordinance of the City Council of the City of St. Cloud, Florida amending Ordinance 2012-22 the City Code of the City of St. Cloud, Chapter 40, Taxation Article IV, amending Section 40-163, Schedule of Local Business Tax Fees, in accordance with Florida Statute 205.0535 (4) and providing for severability, conflict, codification, and an effective date. (Above is full title) ACTION ON ORDINANCE 2014-12 3. FIRST PUBLIC HEARING FOR ORDINANCE NO. 2014-13, an ordinance of the City Council of the City of St. Cloud, Florida amending Ordinance 2000-10 City Code of St. Cloud, Chapter 34, Section 34-31, to add verbiage of fees and fees to be amended from time to time by resolution of the City Council and providing for severability, conflict, codification, and an effective date. (Above is full title) ACTION ON ORDINANCE NO. 2014-13 4. FIRST PUBLIC HEARING FOR ORDINANCE NO. 2014-14, an ordinance of the City Council of the City of St. Cloud, Florida amending the City Code of the City of St. Cloud, Chapter 12, adding Section 12-2, adding verbiage Construction Service Registration in accordance with Florida Statute 489, providing for registration fees to be amended from time to time by resolution of the City Council and providing for severability, conflict, codification, and an effective date. (Above is full title) ACTION ON ORDINANCE 2014-14 VIII. Consent Agenda A. Warrant List #11 B. Minutes: February 27, 2014 / Regular Meeting and March 13, 2014 / Regular Meeting
C. Resolution No. 2014-066R, 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. D. Resolution No. 2014-067R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the acquisition of one (1) Elgin Whirlwind Street Sweeper (2014), with options, available through the Florida Sheriffs Association Contract No. 13-11- 0904, Specification No. 45, and the purchase from Environmental Products of Florida Corporation. COST: $240,000.00 E. Resolution No. 2014-070R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a First Addendum to the Task Authorization to the continuing contract and agreement for Professional Geotechnical and Engineering Services with Ardaman & Associates, Inc. for 2014 Groundwater Services Pertaining to Operation of the St. Cloud Landfill FDEP Permit SO49-0144175-004, and providing an effective date. COST: $1,750.00 F. Resolution No. 2014-071R, a resolution of the City Council of the City of St. Cloud, Florida, determining the lowest responsive, responsible bidder, whose bid is reasonable and otherwise in the best interest of the City of St. Cloud, and the award thereof in regards to Invitation to Bid (ITB) No. 2014-020, to Anchor Construction, LLC., whose subject matter is the St. Cloud Landfill Project 1 Ditch Erosion Protection, establishing a contingency, authorizing the City Manager to approve change orders without increasing the approved budget, and providing an effective date. COST: $225,906.40 / Contingency: $22,590.64 G. Resolution No. 2014-072R, a resolution of the City Council of St. Cloud, Florida, authorizing the Mayor to enter into a line extension agreement with Equity Terra Vista, LLC and providing for an effective date. COST: $39,545.00 H. Resolution No. 2014-075R, 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 engineering services with Jones Edmunds & Associates, Inc. dated August 9, 2012, and any amendments thereto, for the Permitting and Preliminary Design of a Reclaimed Water Aquifer Storage and Recovery Exploratory Well, City of St. Cloud Southside Wastewater Treatment Facility, Facility Permit No. FLA010962, and providing an effective date. COST: $92,200.00 IX. Council Action 1. Request Council's appointment of a member to the Ad Hoc Panel for the Transportation Initiative due to the resignation of Jana Wood.
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 XV. Adjournment Thursday, May 8, 2014 - City Council Meeting - 6:30 p.m. @ City Hall, Council Chambers Thursday, May 15, 2014 - Community Redevelopment Agency Meeting - 6:00 p.m. @ City Hall, Council Chambers Thursday, May 15, 2014 - City Council Workshop - 6:00 p.m. (or immediately following the CRA Meeting) @ City Hall, Council Chambers Thursday, May 22, 2014 - City Council Meeting - 6:30 p.m. @ City Hall, Council Chambers Monday, May 26, 2014 - City Offices Closed in Observance of the Memorial Day Holiday 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 286.0105) 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 286.26) Linda P. Jaworski, 1300 9th Street, St. Cloud, FL 407-957-7300
AGENDA Regular Ordinance No. 2014-08 DATE OF MEETING: APRIL 24, 2014 AGENDA ITEM (Brief Description) Resolution No. First Public Hearing: 04/10/2014 Second Public Hearing: 04/24/2014 Final Action 04/24/2014 Ordinance No. 2014-08 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item An ordinance of the City Council of the City of St. Cloud, Florida, closing, vacating, and abandoning right-of-way located west of the intersection of Narcoossee Road and Lillian Lee Road specifically described in the body of this ordinance; providing for severability, conflicts, and an effective date This case is scheduled for the Planning Commission meeting of April 15, 2014. The recommendation from the Planning Commission will be presented to council during the meeting. Planning and Zoning staff recommends approval of this item. FINANCE DIRECTOR S COMMENTS: N/A PURCHASING MANAGER S COMMENTS: N/A CITY MANAGER S COMMENTS: Recommend approval CITY COUNCIL ACTION: 04/24/2014 - Final Action 04/10/2014 - Passed, motion made by Ms. Hopper, seconded by Mr. Holmes with the vote being 5-0 Cover Memo Item # V.1
Attachment number 1 \npage 1 RETURN TO: CITY OF ST. CLOUD DEPT OF PLANNING & ZONING 1300 9 th Street ST. CLOUD, FL 34769 ORDINANCE NO. 2014-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, CLOSING, VACATING, AND ABANDONING RIGHT-OF-WAY LOCATED WEST OF THE INTERSECTION OF NARCOOSSEE ROAD AND LILLIAN LEE ROAD, SPECIFICALLY DESCRIBED IN THE BODY OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the owners of that certain real property abutting the right-of-way described below, has applied to and petitioned the City of St. Cloud, Florida, through a petition dated February 14, 2014, to have said portions of the right-of-way closed, vacated and abandoned, and otherwise discontinued, and the application and petition has been assigned DRC CASE # 14-25.01; and, WHEREAS, the City Council has received the Planning Commission s recommendation after its review of the proposed abandonment at its public hearing and meeting of April 15, 2014, and said Board has recommended approval of said abandonment; and, WHEREAS, a public hearing was held on April 24, 2014, for consideration and determination as to whether or not the closing, vacating, abandoning, and discontinuance of those right-of-way should be allowed; and, WHEREAS, the City Council has determined that the closing, vacating, abandoning, and discontinuance of those portions of the alleyway does not conflict with the Comprehensive Plan of the City of St. Cloud, Florida, and that the public health, economy, comfort, order, convenience, and welfare will be promoted by such closing, vacating and abandoning and discontinuance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ST. CLOUD, FLORIDA, as follows: SECTION 1: The following described rights-of-way are hereby closed, vacated, and abandoned, and otherwise discontinued: 20 FOOT PLATTED RIGHT OF WAY LYING WEST OF LOTS 40, 41, 56 AND 57, TOGETHER WITH 17.5 FOOT PLATTED RIGHT OF WAY LYING SOUTH OF LOT 57 OF THE SEMINOLE LAND AND INVESTMENT COMPANY'S (INC.) SUBDIVISION OF SECTION 5 AS FILED AND RECORDED IN PLAT BOOK "B", PAGE 22, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. Ordinance No. 2014-08 Terra Vista & The Preserve at Turtle Creek Item # Page V.11 of 3 DRC Case # 14-25.01
Attachment number 1 \npage 2 LESS THE FOLLOWING DESCRIBED PARCEL: PARCEL 119 A PORTION OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3121, PAGE 2020, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 23, ASHLEY OAKS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 44, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA, SAID POINT BEING ON THE SOUTH LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3121, PAGE 2020, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA SAID POINT ALSO BEING A FOUND 4"X4" CONCRETE MONUMENT WITH NO IDENTIFICATION; THENCE NORTH 89 24'39" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 56.27 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF NARCOOSSEE ROAD (COUNTY ROAD 15) PER FLORIDA DEPARTMENT OF TRANSPORTATION MAINTAINED RIGHT OF WAY MAP FOR SECTION 92050, AS RECORDED IN OSCEOLA COUNTY MAP BOOK 1, PAGES 131 TO 141; THENCE THE FOLLOWING 5 CALLS ALONG SAID WEST RIGHT OF WAY LINE; THENCE NORTH 31 01'58" EAST, A DISTANCE OF 152.85 FEET; THENCE NORTH 26 16'47" EAST, A DISTANCE OF 194.59 FEET; THENCE NORTH 21 22'36" EAST, A DISTANCE OF 176.34 FEET; THENCE NORTH 16 51'43" EAST, A DISTANCE OF 134.09 FEET; THENCE NORTH 13 45'57" EAST, A DISTANCE OF 211.48 FEET TO A POINT ON THE NORTH LINE OF SAID LANDS; THENCE SOUTH 89 19'09" WEST ALONG SAID NORTH LINE, A DISTANCE OF 29.13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 19'09" WEST ALONG SAID NORTH LINE, A DISTANCE OF 632.88 FEET TO THE NORTHWEST CORNER OF SAID LANDS, SAID POINT BEING ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 26 SOUTH, RANGE 31 EAST, OSCEOLA COUNTY, FLORIDA; THENCE SOUTH 00 00'54" EAST ALONG THE SAID WEST LINE AND SAID WEST SECTION LINE, A DISTANCE OF 160.01 FEET; THENCE DEPARTING SAID WEST LINE AND SAID WEST SECTION LINE, NORTH 89 19'09" EAST, A DISTANCE OF 605.48 FEET TO A POINT ON A NON- TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 1687.00 FEET AND A CENTRAL ANGLE OF 05 31'35"; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 162.72 FEET (CHORD BEARING = NORTH 09 41'02" EAST, CHORD DISTANCE = 162.65 FEET) TO THE POINT OF BEGINNING. SECTION 2: 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 3: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. Ordinance No. 2014-08 Terra Vista & The Preserve at Turtle Creek Item # Page V.12 of 3 DRC Case # 14-25.01
Attachment number 1 \npage 3 SECTION 4: Effective Date. This ordinance shall be published as provided by law and shall take effect immediately upon its Second Reading and Final Passage. First Reading on the day of 2014 Second Reading on the day of 2014 ATTEST: Rebecca Borders, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DeBeaubien, Knight, Simmons, Mantzaris & Neal Daniel F. Mantzaris, City Attorney Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return to a Public Official: City Manager, City of St. Cloud, 1300 9 th Street, St. Cloud, Florida 34769. Ordinance No. 2014-08 Terra Vista & The Preserve at Turtle Creek Item # Page V.13 of 3 DRC Case # 14-25.01
Attachment number 2 \npage 1 CITY OF ST. CLOUD, FLORIDA MEMORANDUM REPORT FOR CITY COUNCIL MEETING OF APRIL 24, 2014 TO: FROM: SUBJECT: Mayor Borders and the City Council Steven Thorp, Planner I, Department of Planning and Zoning Terra Vista & The Preserve at Turtle Creek Case # 14-25.01 Abandonment of Right-of-way DATE: April 11, 2014 I. Overview Applicant: Agent: Location: Future Land Use: Zoning: Request: Land Area: Equity Terra Vista, LLC Equity Preserve, LLC Brown Surveying & Mapping, Inc Right-of-way west of the intersection of Narcoossee Road and Lillian Lee Road Medium Density Residential Low Density Residential R-3 Multi-Family Residential PUD - Planned Unit Development Abandonment of Right-of-way 0.76± acres Note: Future Land Use and Zoning Designations indicated above are of the properties adjacent to the subject right-of-way Item # V.1
Attachment number 2 \npage 2 II. Actions for Approval Section 5.6.4 of the Land Development Code (LDC) provides for review of proposals to abandon rights-of-way or easements. Review considerations stipulated by the LDC include impacts to the following: a. The City of St. Cloud; There are no anticipated adverse impacts to the City. b. The immediate neighborhood and or adjacent area; There are no apparent adverse impacts to the immediate neighborhood. c. The property owners immediately adjacent to the affected right of way or easement; Adjacent property owners have been notified of the proposed abandonment and have not objected or expressed concerns of adverse impacts. d. Any utility providers or governmental agencies having a possible need for the right of way. Notification letters were sent on February 17, 2014 resulting in the following responses: a. Orlando Utilities Commission No objection, received February 25, 2014 b. Century Link No response received as of March 6, 2014 c. Bright House No objection, received February 14, 2014 d. Central Gas No response received as of March 6, 2014 e. Florida Gas Transmission Company No response received as of March 6, 2014 III. Development Review Committee (DRC) Review On March 13, 2014, the Development Review Committee reviewed the request for the abandonment of right-of-way, identified in the attachment to this memorandum report. The Development Review Committee had no objection to the proposed abandonment and Planning and Zoning staff recommends approval. IV. Planning Commission Review This case is scheduled for the Planning Commission meeting of April 15, 2014. The recommendation from the Planning Commission will be presented to council during the meeting. V. City Council Review On April 10, 2014, the City Council reviewed the proposed Abandonment of Right-of-way and a motion to approve was passed. A motion to approve was made by Ms. Hopper, with a second provided by Mr. Rinehart. The vote was 5-0 with all members voting aye. Cc: Attachment: Ordinance No. 2014-08 Sketch & Legal Description Applicant: Equity Terra Vista, LLC, Tripp Berlinsky, 521 13 th Street, St. Cloud, FL 34769 Agent: Brown Surveying & Mapping, Inc., Rick Brown, 143 E. 13 th Street, St. Cloud, FL 34769 Osceola County Planning and Zoning, Joshua Devries, AICP, 1 Courthouse Square, Kissimmee, FL 34741 Case # 14-25.01 Terra Vista & The Preserve at Turtle Creek Page 2 of 2 Item # V.1
Attachment number 3 \npage 1 Item # V.1
Attachment number 3 \npage 2 Item # V.1
AGENDA Regular Ordinance No. 2014-12 DATE OF MEETING: APRIL 24, 2014 AGENDA ITEM (Brief Description) Resolution No. First Public Hearing: 04/24/2014 Second Public Hearing: 05/08/2014 Final Action 05/08/2014 Ordinance 2014-12 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. Bi-yearly amendment to Local Business Tax Receipt Fees as per Florida Statute 205.0535(4) permits. FINANCE DIRECTOR S COMMENTS: N/A PURCHASING MANAGER S COMMENTS: N/A CITY MANAGER S COMMENTS: Recommend Approval CITY COUNCIL ACTION: 05/08/2014 - Final Action Cover Memo Item # V.2
Attachment number 1 \npage 1 Ordinance No.2014-12 Page 1 of 3 ORDINANCE 2014-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA AMENDING ORDINANCE 2012-22 THE CITY CODE OF THE CITY OF ST. CLOUD, CHAPTER 40, TAXATION ARTICLE IV, AMENDING SECTION 40-163, SCHEDULE OF LOCAL BUSINESS TAX FEES, IN ACCORDANCE WITH FLORIDA STATUTE 205.0535(4) AND PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, F.S. chapter 205.0535(4) authorizes every other year by ordinance the local business tax receipt rates may be increased by up to 5 percent. And may not be enacted by less than a majority plus one vote of governing body; and BE IT ORDAINED by the City Council of the City of Saint Cloud, Florida, as follows: SECTION 1: Chapter 40, Taxation, Article IV of the St. Cloud City Code, is amended as follows: SECTION 40-163. SCHEDULE OF LOCAL BUSINESS TAX FEES Local business tax receipts shall be paid to the City per annum, unless otherwise provided. Local business tax fees are as follows: CLASSIFICATION FEE 1. BEAUTY/BARBER SHOP MINOR $53.60 $56.28 2. BEAUTY/BARBER SHOP MAJOR $53.60 $56.28 3. CONTRACTOR, STATE LICENSED $53.60 $56.28 4. CONTRACTOR, NOT STATE LICENSED $53.60 $56.28 5. BAR/LOUNGE, NO FOOD $53.60 $56.28 6. BAR/LOUNGE, WITH FOOD $53.60 $56.28 7. ENTERTAINMENT/RECREATION $53.60 $56.28 8. FINANCIAL/LENDING $53.60 $56.28 9. FOOD SERVICE $53.60 $56.28 10. GAS STATION MINOR (GAS ONLY) $53.60 $56.28 11. GAS STATION MAJOR $53.60 $56.28 12. HEALTHCARE PROFESSIONAL $53.60 $56.28 13. HEALTHCARE FACILITY MINOR $53.60 $56.28 14. HEALTHCARE FACILITY MAJOR (W/SALON, GIFT SHOP $53.60 $56.28 15. HOUSING/LODGING (OVER 4 UNITS) $53.60 $56.28 Item # V.2
Attachment number 1 \npage 2 16. INDUSTRY $53.60 $56.28 17. INSURANCE AGENT $53.60 $56.28 18 LANDLORD (4 UNITS OR LESS) per RENTAL LOCATION $33.49 $35.16 19. MANUFACTURING $53.60 $56.28 20. PROFESSIONAL $53.60 $56.28 21. PROFESSIONAL ESTABLISHMENT $53.60 $56.28 22. RETAIL/WHOLESALE MINOR (NO STATE REQ) $53.60 $56.28 23. RETAIL/WHOLESALE MAJOR (STATE LIC) $53.60 $56.28 24. SCHOOL/TRAINING/EDUCATION $53.60 $56.28 25. SEASONAL SALES (CHRISTMAS TREE) $53.60 $56.28 26. SERVICE $53.60 $56.28 27. AVAILABLE 28. WAREHOUSE, MINI WAREHOUSE, STORAGE $53.60 $56.28 29. AVAILABLE 30. UTILILTY $53.60 $56.28 31. VENDING/COIN OPERATED MACHINE, PER MACHINE $13.40 $14.07 32. OCCUPATIONS NOT LISTED $53.60 $56.28 33 INSURANCE COMPANY $53.60 $56.28 SECTION 2. SEVERABILITY. It is declared to be the intent of the City Council that, if any section, subsection, sentence, cause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any 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 3. CODIFICATION. Section 1 and 2 of this ordinance shall be codified as part of the St. Cloud City Code. SECTION 4. REPEAL OF CONFLICTING LAWS. Any portion of the St. Cloud City Code or any ordinance or part thereof in conflict with the provisions of this ordinance or any part hereof is hereby repealed to the extent of such conflict. Ordinance No.2014-12 Page 2 of 3 Item # V.2
Attachment number 1 \npage 3 SECTION 5. Effective Date. This ordinance has been published as provided by law and shall take effect immediately upon its Second Reading and Final Passage. First Reading on the 24th day of April, 2014. Second Reading on the day of, 2014. ATTEST: Rebecca Borders, Mayor City Clerk Linda P. Jaworski LEGAL IN FORM AND VALID IF ADOPTED. City Attorney, Daniel F. Mantzaris Ordinance No.2014-12 Page 3 of 3 Item # V.2
AGENDA Regular Ordinance No. 2014-13 DATE OF MEETING: APRIL 24, 2014 AGENDA ITEM (Brief Description) Resolution No. First Public Hearing: 04/24/2014 Second Public Hearing: 05/08/2014 Final Action 05/08/2014 Ordinance 2014-13 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. Amending verbiage to Sec.34-31 to add fee, double permit fee for non-compliance, and allowing fee changes by resolution from time to time FINANCE DIRECTOR S COMMENTS: N/A PURCHASING MANAGER S COMMENTS: N/A CITY MANAGER S COMMENTS: Recommend Approval CITY COUNCIL ACTION: 05/08/2014 - Final Action Cover Memo Item # V.3
Attachment number 1 \npage 1 ORDINANCE 2014-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA AMENDING ORDINANCE 2000-10 CITY CODE OF ST. CLOUD, CHAPTER 34, SECTION 34-31, TO ADD VERBIAGE OF FEES AND FEES TO BE AMENDED FROM TIME TO TIME BY RESOLUTION OF THE CITY COUNCIL AND PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, it is the best interest of the City and its residents to regulate the frequency and duration of garage and carport sales; BE IT ORDAINED by the City Council of the City of St. Cloud, Florida as follows: SECTION 1. Chapter 34 Secondhand Goods Section 34-31 is amended as follows: Sec. 34-31. Permit required No person shall conduct any garage sale, carport sale or other such retail, wholesale or rummage sale, of personal property, in any residential zoning district of the city zoned residential, multifamily residential or residential professional, unless such person shall have obtained a permit for the conduct of such sale from the city building official and payment of a reasonable fee currently established or hereafter adopted by resolution of the city council from time to time. The amount of the fee shall be kept on file in the city clerk s office and may be amended from time to time by resolution. Should said sale commence prior to the issuance of a permit as required, the permit fee shall be double the normal permit fee. SECTION 2. SEVERABILITY It is declared to be the intent of the City Council that, if any section, subsection, sentence, cause, phrase, or portion of the Ordinance is for any reason held invalid or unconstitutional by any 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 3. CODIFICATION. Section 1 of this ordinance shall be codified as part of the St. Cloud City Code. SECTION 4. REPEAL OF CONFLICTING LAWS. Any portion of the St. Cloud City Code or any ordinance of part thereof in conflict with the provisions of this ordinance of any part hereof is hereby repealed to the extent of such conflict. Ordinance 2014-13 Page 1 of 2 Item # V.3
Attachment number 1 \npage 2 SECTION 5. Effective Date. This ordinance has been published as provided by law and shall take effect immediately upon its Second Reading and Final Passage. First Reading on the 24th day of April, 2014. Second Reading on the day of, 2014. ATTEST: Rebecca Borders, Mayor City Clerk Linda P. Jaworski LEGAL IN FORM AND VALID IF ADOPTED. City Attorney, Daniel F. Mantzaris Ordinance 2014-13 Page 2 of 2 Item # V.3
AGENDA Regular Ordinance No. 2014-14 DATE OF MEETING: APRIL 24, 2014 AGENDA ITEM (Brief Description) Resolution No. First Public Hearing: 04/24/2014 Second Public Hearing: 05/08/2014 Final Action 05/08/2014 Ordinance 2014-14 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item Adding verbiage Construction Service Registration for all non-contractors doing work that requires a permit and registration to be compliant with Florida Statute 489.127(f) FINANCE DIRECTOR S COMMENTS: N/A PURCHASING MANAGER S COMMENTS: N/A CITY MANAGER S COMMENTS: Recommend Approval CITY COUNCIL ACTION: 05/08/2014 - Final Action Cover Memo Item # V.4
Attachment number 1 \npage 1 ORDINANCE 2014-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA AMENDING THE CITY CODE OF THE CITY OF ST. CLOUD, CHAPTER 12, ADDING SECTION 12-2, ADDING VERBIAGE CONSTRUCTION SERVICE REGISTRATION IN ACCORDANCE WITH FLORIDA STATUTE 489, PROVIDING FOR REGISTRATION FEES TO BE AMENDED FROM TIME TO TIME BY RESOLUTION OF THE CITY COUNCIL AND PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, F.S. 489 prohibits a person to act in the capacity of a contractor or advertise their business organization as available to engage in the business or in the capacity of a contractor without being duly registered or certified with the State of Florida. WHEREAS, certain residential and non residential construction work that does not require a registered or certified contractor to execute the project does require obtaining a permit, therefore requires a person or business to register with the City of St. Cloud to obtain said permit. BE IT ORDAINED by the City Council of the City of Saint Cloud, Florida, as follows: SECTION 1. Chapter 12, Business, Article I, Section 12, is amended to add Section 12-2 as follows: Sec. 12-2 Registration fees for Construction Service Each person or entity who is not regulated by Florida Statute that contracts or subcontracts, or engages in the business of construction work requiring a permit, must first register with the city and pay a registration fee as currently established or hereafter adopted by resolution of the city council from time to time. The amount of the fee shall be kept on file in the city clerk s office and may be amended from time to time by resolution. SECTION 2. SEVERABILITY It is declared to be the intent of the City Council that, if any section, subsection, sentence, cause, phrase, or portion of the Ordinance is for any reason held invalid or unconstitutional by any 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. Ordinance No. 2014-14 Page 1 of 2 Item # V.4
Attachment number 1 \npage 2 SECTION 3. CODIFICATION. Section 1 of this ordinance shall be codified as part of the St. Cloud City Code. SECTION 4. REPEAL OF CONFLICTING LAWS. Any portion of the St. Cloud City Code or any ordinance of part thereof in conflict with the provisions of this ordinance of any part hereof is hereby repealed to the extent of such conflict. SECTION 5. Effective Date. This ordinance has been published as provided by law and shall take effect immediately upon its Second Reading and Final Passage. First Reading on the 24th day of April, 2014. Second Reading on the day of, 2014. ATTEST: Rebecca Borders, Mayor City Clerk Linda P. Jaworski LEGAL IN FORM AND VALID IF ADOPTED. City Attorney, Daniel F. Mantzaris Ordinance No. 2014-14 Page 2 of 2 Item # V.4
AGENDA Consent Ordinance No. DATE OF MEETING: APRIL 24, 2014 AGENDA ITEM (Brief Description) Resolution No. Final Action 4/24/2014 Warrant List #11 DEPARTMENT SUMMARY: COST OF PROJECT: Warrant List #11 03/28/14-04/10/14 FINANCE DIRECTOR S COMMENTS: Single lines may include amounts for numerous invoice payments. If you have questions about any transaction listed please contact the Finance Department. MMT PURCHASING MANAGER S COMMENTS: N/A CITY MANAGER S COMMENTS: Recommend Approval CITY COUNCIL ACTION: 4/24/2014 - Final Action Cover Memo Item # VI.A
Attachment number 1 \npage 1 Item # VI.A
Attachment number 1 \npage 2 Item # VI.A
Attachment number 1 \npage 3 Item # VI.A
AGENDA Consent Ordinance No. DATE OF MEETING: APRIL 24, 2014 AGENDA ITEM (Brief Description) Resolution No. Final Action 4/24/2014 Minutes DEPARTMENT SUMMARY: COST OF PROJECT: Minutes: February 27, 2014 / Regular Meeting and March 13, 2014 / Regular Meeting FINANCE DIRECTOR S COMMENTS: N/A PURCHASING MANAGER S COMMENTS: N/A CITY MANAGER S COMMENTS: CITY COUNCIL ACTION: 4/24/2014 - Final Action Cover Memo Item # VI.B
Attachment number 1 \npage 1 ST. CLOUD CITY COUNCIL REGULAR MEETING Thursday, February 27, 2014 City Hall Council Chambers 1300 9th Street 6:30 p.m. Minutes I. Deputy Mayor Shroyer called the meeting to order at 6:30 p.m. II. Invocation given by Pastor Todd Marcy from Faith Baptist Church III. Pledge of Allegiance IV. Roll Call Mayor Rebecca Borders Deputy Mayor Donald Shroyer Council Member Rinehart Council Member Holmes Council Member Hopper All members present with the exception of Mayor Borders who was absent. V. Presentations Proclamation in recognition of National Nutrition Month City Manager, Thomas H. Hurt City Attorney, Lindsay Oyewale Linda P. Jaworski, City Clerk Ivy De La Cruz, Deputy City Clerk Members of the Press Deputy Mayor Shroyer presented Jenny Vaughn with a proclamation in recognition of National Nutrition Month. Proclamation in recognition of Registered Dietitian Day Deputy Mayor Shroyer presented Jenny Vaughn with a proclamation in recognition of Registered Dietitian 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. Tom Hedman, 105 Ledburg Dr, Longwood, American Diabetes Association, requested City sponsorship with the waiver of DRC fees and use of the Performing Arts Pavilion as a rest stop for cyclist for their event on Sunday, March 16, 2014. Council consensus was to sponsor the event with the items requested. Monica Cantrall, 3400 Buckingham Way, requested City co-sponsorship for the Stevens Plantation Spring Festival on April 19, 2014 with use of the vacant lot adjacent to the UCF incubator, waiver of the DRC fees and the lot to be mowed the week of the event. Council consensus was to sponsor the event with the items requested. 1 2/27/2014 Item # VI.B
Attachment number 1 \npage 2 VII. Public Hearings 1. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO. 2014-01, 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 amending Section 2.2.1 pertaining to Definitions and Article III, Division 20, by adding a new Section 31 pertaining to Transfer of Development Rights, environmental; providing for severability, conflicts, codification, and an effective date. (Above is full title) ACTION ON ORDINANCE NO. 2014-01 City Clerk, Linda Jaworski read Ordinance No. 2014-01 into the record by title. Dennis Ragsdale Growth Management Services Administrator reviewed the proposed ordinance. Deputy Mayor Shroyer announced the second and final public hearing for Ordinance No. 2014-01 with no response from the audience. Council Member Rinehart made a motion to adopt Ordinance No. 2014-01. Council Member Hopper seconded the motion and all members voted aye. (Vote 4-0) Mayor Borders was absent. 2. FIRST PUBLIC HEARING FOR ORDINANCE NO. 2014-05, 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 4, 2014 with a run-off election on December 2, 2014 (if required), pursuant to Article VIII, Section 8.01 and 8.04 of the charter laws of the City of St. Cloud, providing for an effective date. (Above is full title) ACTION ON ORDINANCE NO. 2014-05 City Clerk, Linda Jaworski read Ordinance No. 2014-05 into the record by title. Dennis Ragsdale Growth Management Services Administrator reviewed the proposed ordinance. Deputy Mayor Shroyer announced the first public hearing for Ordinance No. 2014-05 with no response from the audience. Council Member Hopper made a motion to approve the first public hearing for Ordinance No. 2014-05. Council Member Holmes seconded the motion and all members voted aye. (Vote 4-0) Mayor Borders was absent. VIII. Consent Agenda Deputy Mayor Shroyer announced the consent agenda contained items that have been determined to be routine and non-controversial. If anyone in the audience wished to address a particular item on the consent agenda, now was the opportunity to do so. Additionally, if Staff or City council wished to speak on a consent item, they had the same opportunity. City Manager Hurt pulled Item O for comment and Council Member Holmes pulled Items H, J, and L for discussion. 2 2/27/2014 Item # VI.B
Attachment number 1 \npage 3 A. Warrant List #7 B. Resolution No. 2014-017R, a resolution of the City Council of the City of St.Cloud, Florida, authorizing the Mayor to enter into a support services agreement, contract no. 2381LG/STC2-140066, with SunGard Public Sector Inc. for the purpose of providing annual software maintenance support services for the St. Cloud Police Department software application for the period October 1, 2013 through September 30, 2014. COST: $60,982.21 C. Resolution No. 2014-021R, 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 May 24, 2012, between the City of St. Cloud and Sunstate Meter & Supply Company for cold water meters, and providing an effective date. COST: $176,000.00 (Estimated) D. Resolution No. 2014-022R, 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 February 20, 2013, between the City of St. Cloud and Uretek Holdings, Inc. for soil densification and stabilization, and providing an effective date. COST: $25,000.00 (FY 2013-2014 Budget) E. Resolution No. 2014-023R, 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 March 18, 2010, between the City of St. Cloud and American Government Services Corporation for professional closing & title services, and providing an effective date. COST: No cost associated with this item. F. Resolution No. 2014-024R, 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 March 18, 2010, between the City of St. Cloud and debeaubien, Knight, Simmons, Mantzaris, & Neal, LLP for professional closing & title services, and providing an effective date. COST: No cost associated with this item. G. Resolution No. 2014-025R, 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. H. Resolution No. 2014-026R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the termination of that certain agreement dated April 26, 2012, between the City of St. Cloud and St. Cloud Boat Rental, Inc. and whose subject matter is the water craft rental at the St. Cloud Lakefront Marina. COST: No cost associated with this item. Council Member Holmes stated this contract would be reopened to the public. I. Resolution No. 2014-027R, a resolution of the City Council of the City of St. Cloud, Florida, determining the lowest responsive, responsible bidder, whose bid is reasonable and otherwise in the best interest of the City of St. Cloud, and the award thereof in regards to Invitation to Bid (ITB) No. 2013-116, to Danus Utilities, Inc., whose subject matter is the Lift Station 33 Rehabilitation, establishing a contingency, authorizing the City Manager to approve Item change # VI.B 3 2/27/2014
Attachment number 1 \npage 4 orders without increasing the approved budget, and providing an effective date. COST: 124,773.00 / Contingency: $12,477.30 J. Resolution No. 2014-028R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the sale of obsolete power plant equipment, previously declared to be surplus, to RD Swindell Enterprises, Inc. for the sale price of $250,000, plus all costs of removal of the equipment; authorizing the Mayor to execute the Asset Purchase Agreement and the City Manager to perform all acts necessary and appropriate to compete the sale as provided herein. COST: No cost associated with this item. Council Member Holmes congratulated City Manager Hurt for executing the sale of surplus equipment from the power plant. Mr. Hurt stated Ms. Leslie Flores was responsible for negotiating the sale. K. Resolution No. 2014-029R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing waiver of the formal bidding requirements and approving a negotiated procurement agreement with Woolpert, Inc. for I.T. consulting services (Phase 2), and providing an effective date. COST: $94,438.00 L. Resolution No. 2013-030R, a resolution of the City Council of the City of St. Cloud, Florida, raising Budinger Avenue s speed limit from 25 MPH to 30 MPH and providing for an effective date. COST: $500.00 Council Member Holmes thanked staff for addressing this issue. M. Resolution No. 2014-031R, a resolution of the City Council of St. Cloud, Florida, authorizing and directing the Mayor to execute the first amendment to the Entry and Access License Agreement between the City of St. Cloud, the Tohopekaliga Water Authority, Orange County, Polk County and Reedy Creek Improvement District regarding access to the Nature Conservancy for STOPR monitoring, authorizing the City Manager to approve change orders and providing for an effective date. COST: No cost associated with this item. N. Resolution No. 2014-032R, a resolution of the City Council of the City of St. Cloud, Florida, amending the official manning table of the City of St. Cloud for the purpose of adding nine (9) EMT/Firefighter positions. COST: $1,166,067.72 (including benefits) O. Resolution No. 2014-033R, a resolution of the City Council of the City of St. Cloud, Florida, approving the acceptance of the staffing for adequate fire and emergency response (SAFER) grant award #EMW-2013-FH-00332 in the amount of $1,134,216 from the U.S. Department of Homeland Security Federal Emergency Management Agency for the purpose of hiring nine new firefighters and authorizing the grants administrator to execute the acceptance documents. COST: No cost associated with this item. City Manager Hurt recognized Fire Chief Sturgeon, Lt. Nadler and Bonnie Fraser for their efforts in obtaining the SAFER grant. 4 2/27/2014 Item # VI.B
Attachment number 1 \npage 5 Council Member Holmes stated the grant was for $1,134,216.00 which would enable the City to staff to hire an additional nine firefighters/emts for two years. Fire Chief Sturgeon stated that by hiring a post-911 veteran the department would qualify for an additional year of funding. Council Member Hopper made a motion to approve the consent agenda as presented. Council Member Holmes seconded the motion and all members voted aye. (Vote 4-0) Mayor Borders was absent. IX. Council Action 1. Discussion and possible action regarding appointments to committee vacancies. Council Member Holmes made a motion to appoint Brian Roper to Seat 6 of the Code Enforcement Board. Council Member Rinehart seconded the motion and all members voted aye. (Vote 4-0) Mayor Borders absent. Council Member Hopper made a motion to appoint Terry Alcorn to alternate Seat 6 (Alt #1) of the Parks and Recreation Board. Council Member Holmes seconded the motion and all members voted aye. (Vote 4-0) Mayor Borders absent. Council Member Hopper made a motion to appoint Christina Hensell to the Land Conservation Advisory Board. Council Member Rinehart seconded the motion and all members voted aye. (Vote 4-0) Mayor Borders absent. X. City Attorney City Attorney Dan Mantzaris stated he had nothing at the time. XI. City Manager Tom Hurt, City Manager announced that he appointed Mrs. Veronica Miller as the new Assistant City Manager and advised she would continue to hold her position as Public Services Director as well. XII. Mayor and Council Members Council Member Hopper announced that after 14 years as a council member she has decided not to run for another term. She thanked everyone for their many years of support. Council Member Holmes reminded citizens of the March for Meals event for Osceola County Council on Aging being held on March 22, 2014 at the Kissimmee lakefront. Council Member Rinehart thanked Chief Sturgeon for his efforts, welcomed Veronica Miller to her new position and thanked staff members for their dedication to working with Council. Deputy Mayor Shroyer recognized all the positive happenings in St. Cloud and stated the brick roads dowtown would be beautiful upon completion. 5 2/27/2014 Item # VI.B
Attachment number 1 \npage 6 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. No one came forward at this time. XIV. Information Section Deputy Mayor Shroyer read the following: Thursday, March 13, 2014 - City Council Meeting - 6:30 p.m. @ City Hall, Council Chambers Thursday, March 20, 2014 Community Redevelopment Agency Meeting - 6:00 p.m. @ City Hall, Council Chambers Thursday, March 20, 2014 - City Council Workshop - 6:30 p.m. (or immediately following the CRA Meeting) @ City Hall, Council Chambers XV. Adjournment: 7:07 p.m. ATTEST: Mayor, Rebecca Borders City Clerk, Linda P. Jaworski Minutes Approved: 6 2/27/2014 Item # VI.B
Attachment number 2 \npage 1 ST. CLOUD CITY COUNCIL REGULAR MEETING Thursday, March 13, 2014 City Hall Council Chambers 1300 9th Street 6:30 p.m. Minutes I. Mayor Borders called the meeting to order at 6:30 p.m. II. Invocation given by Pastor David Nigh from Christ Our Savior Fellowship III. Pledge of Allegiance IV. Roll Call All members present. V. Presentations Mayor Rebecca Borders Deputy Mayor Donald Shroyer Council Member Rinehart Council Member Holmes Council Member Hopper Proclamation in recognition of March for Meals City Manager, Thomas H. Hurt City Attorney, Daniel Mantzaris Linda P. Jaworski, City Clerk Ivy De La Cruz, Deputy City Clerk Members of the Press Mayor Borders presented Wilda Belisle, Beverly Hoagland, Carmen Carrasquillo and Connie Benca with a proclamation in recognition of March for Meals. Proclamation in recognition of Confederate Memorial Day Mayor Borders presented Jim Purcell and Marshall Brewton with a proclamation in recognition of Confederate Memorial 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. Deputy Police Chief Shepherd, 4700 Neptune Road, St. Cloud, requested the City sponsor this year s Robo Mud Run to benefit city employees, Florida Special Olympics and the St. Cloud Food Pantry. Council consensus was to sponsor the event. Earl Tucker, 1704 Nolte Road, came before Council to ask the City to abandon the 50 right of way at 7 th and California to be able to build a house on that property. City Attorney Mantzaris stated the abandonment of a right-of-way was a process in the City Code which required an ordinance and Council could not make a decision on it this evening. 1 3/13/2014 Item # VI.B
Attachment number 2 \npage 2 Traudi Rayzor, 1111 New York Avenue, came before Council to request City sponsorship for the Relay for Life Music and Bike fest on Saturday, April 12, 2014 with waiver of DRC fees, use of tables, chairs and use of the stage. Council consensus was to sponsor this event with the items requested. Robert Beauchamp, 1105 New York Avenue, thanked the City for the work being done in the downtown area to bring the bricks back and said there were drainage issues on part of 12 th Street because of this work. Pete, Dawn and Nathan Grigsby, 622 Cypress Court, invited Council and residents to attend Gabriel s Super Fun Day on Saturday, June 21, 2014 to raise awareness of Adrenolukodystrophy (ALD). Dave Askew, 1121 New York Avenue, St. Cloud, thanked the City for the work that was being done in the downtown area to bring the bricks back. Donna Sines, Community Vision, provided a brief update on the Homelessness Game Plan and invited Council to attend a retreat on April 4 th at the Council on Aging where the Homelessness Game Plan would be discussed. VII. Public Hearings 1. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO. 2014-05, 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 4, 2014 with a run-off election on December 2, 2014 (if required), pursuant to Article VIII, Section 8.01 and 8.04 of the charter laws of the City of St. Cloud, providing for an effective date. (Above is full title) ACTION ON ORDINANCE NO. 2014-05 City Clerk, Linda Jaworski read Ordinance No. 2014-05 into the record by title. Mayor Borders announced the second and final public hearing for Ordinance No. 2014-05 with no response from the audience. Council Member Holmes made a motion to adopt the second and final public hearing for Ordinance No. 2014-05. Deputy Mayor Shroyer seconded the motion and all members voted aye. (Vote 5-0) VIII. Consent Agenda Mayor Borders announced that the consent agenda 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 to do so. Additionally, if staff or City Council wishes to speak on a consent agenda item, they have the same opportunity. There was no response from the audience. City Attorney Mantzaris pulled item K to be brought back at a later date. A. Warrant List #8 B. Minutes: January 9, 2014 / Regular Meeting, January 16, 2014 / Workshop and January 23, 2014 / Regular Meeting. Item # VI.B 2 3/13/2014
Attachment number 2 \npage 3 C. Resolution No. 2014-020R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the acquisition and installation of one (1) Galaxy 20mm Monochrome Outdoor LED Matrix Display, 3500 Series, electronic message sign, available through The Cooperative Purchasing Network (TCPN) RFP No. 12-43, and providing for the award thereof to Daktronics, Inc. COST: $45,812.00 D. Resolution No. 2014-034R, a resolution authorizing the City of St. Cloud to join with other local governmental units as a participant in the Florida Surplus Asset Fund Trust ( FL SAFE or TRUST ) Investment Pool for the purpose of purchasing shares of beneficial interest in the pool, investing funds for the City of St. Cloud, Florida other than pension and deferred compensation funds; trust funds; or assets held under bond agreements by third party custodians. COST: No cost associated with this item. E. Resolution No. 2014-035R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to accept a public utility easement from Gramercy Farms Community Development District and Maxcy Development Group Holdings Gramercy Farms, Inc, to have and to hold for all uses traditionally made of a public utility easement. COST: No cost associated with this item. F. Resolution No. 2014-036R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to accept a public utility easement from Gramercy Farms Community Development District, 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. 2014-038R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to accept a public utility easement from Maxcy Development Group Holdings Gramercy Farms, Inc, to have and to hold for all uses traditionally made of a public utility easement. COST: No cost associated with this item. H. Resolution No. 2014-040R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing waiver of the formal bidding requirements and utilizing Osceola County, Florida, ITB No. AR-14-03566-HL, previously advertised for bid, which is reasonable and otherwise in the best interest of the City of St. Cloud, whose subject matter is lime rock, providing for the award thereof to Dixie Lime and Stone Company, and providing an effective date. COST: $35,384.00 (FY2013-2014 Budget) I. Resolution No. 2014-041R, 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 surplus property and otherwise in the best interest of the City of St. Cloud. COST: No cost associated with this item. J. Resolution No. 2014-042R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to accept a public utility easement from Jen Florida XI, LLC, to have and to hold for all uses traditionally made of a public utility easement. COST: No cost associated with this item. Item # VI.B 3 3/13/2014
Attachment number 2 \npage 4 K. Resolution No. 2014-043R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to accept a public utility easement from Hinden Cove, LLC, to have and to hold for all uses traditionally made of a public utility easement. COST: No cost associated with this item. L. Resolution No. 2014-045R, 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. M. Resolution No. 2014-048R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing a city wide garage sale to be held on April 11, 12 and 13, 2014. COST: No cost associated with this item. N. Resolution No. 2014-049R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the City Manager to enter into a contract on behalf of the City of St. Cloud, Florida, with the Osceola County Supervisor of Elections, for the purpose of conducting the 2014 Municipal Election. COST: $10,000.00 O. Resolution No. 2014-050R, a resolution of the City Council of the City of St. Cloud, Florida, prescribing the date of the election, the run-off election (if necessary), the offices to be voted for, the nomination period for candidates, and the precinct locations. COST: No cost associated with this item. P. Resolution No. 2014-051R, 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 2014 to be held April 4th, 2014 through April 6th, 2014, with conditions. COST: No cost associated with this item. Q. Resolution No. 2014-052R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the sale, consumption and possession of alcoholic beverages by the St. Cloud Chamber of Commerce, on city property, for a special event, known as St. Cloud Life Expo, to be held on March 29, 2014, with conditions. COST: No cost associated with this item. R. Resolution No. 2014-053R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a task authorization to the Construction Manager Service Agreement with Quinn Commercial, Inc. for the 17th Street Building Renovation project, establishing a guaranteed maximum price, authorizing the City Manager to approve change orders without increasing the approved budget, and providing an effective date. COST: $1,046,919.74 Council Member Hopper made a motion to approve the consent agenda minus item K, Resolution No. 2014-043R. Council Member Rinehart seconded the motion and all members voted aye. Vote (5-0) 4 3/13/2014 Item # VI.B
Attachment number 2 \npage 5 IX. Council Action 1. Resolution No. 2014-046R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into an Interlocal Agreement between Osceola County, Florida, a political subdivision of the State of Florida and the City of St. Cloud, Florida, a Florida municipal corporation relating to a Joint Planning Area, and providing for an effective date. City Clerk, Linda Jaworski read Resolution No. 2014-046R into the record by title. Mayor Borders asked if anyone in the audience would like to comment on Resolution No. 2014-046R, with no response from the audience. Council Member Holmes made a motion to approve Resolution No. 2014-046R. Council Member Rinehart seconded the motion and all members voted aye. (Vote 5-0) 2. Resolution No. 2014-047R, a resolution of the City Council of the City of St. Cloud which authorizes the purchase of 47 +/- undeveloped acres of certain real property located on Canoe Creek Road from Christian Finance Resources for the purchase price of $1,281,000, and authorizing the Mayor and City Manager to perform all acts necessary and appropriate to close on the property as provided herein. City Clerk, Linda Jaworski read Resolution No. 2014-047R into the record by title. Mayor Borders asked if anyone in the audience would like to comment on Resolution No. 2014-047R, with no response from the audience. City Attorney Mantzaris stated he wanted to clarify the purchase price in this contract was $1,281,000.00 and the appraisal amount was $1,980,000.00. The appraiser indicated there was an error in the appraisal and the appraised value of this property is $1,348,000.00, $45,000.00 per usable acre. There was approximately 30 usable acres on this 47 acre piece. The appraisal is still significantly higher than the purchase price. Council Member Hopper noted for the record the money would come from impact fees from Police and the Parks & Recreation departments. Council Member Rinehart made a motion to approve Resolution No. 2014-047R. Council Member Hopper seconded the motion and all members voted aye. (Vote 5-0) X. City Attorney City Attorney Mantzaris advised that the City s insurance carrier defended the City in litigation regarding a public records lawsuit. The matter went before the local, Circuit Court Judge in Osceola County and the suit was dismissed against the City and the plaintiff. The plaintiff appealed the decision and it went to the 5 th District Court of Appeals and they upheld the Circuit Court s ruling to dismiss. The same plaintiff has sought additional review in an attempt to see if the Florida Supreme Court would take the question up for review. Item # VI.B 5 3/13/2014
Attachment number 2 \npage 6 The question was in regard to the plaintiff asking for indigent status from the Clerk of the Court and received it; however, it was later discovered the plaintiff had not completed the application correctly and the court then made the determination that the indigent status was improper. City Attorney Mantzaris stated at this point, the City was waiting to hear the ruling from the 5 th District Court of Appeals. XI. City Manager City Manager Hurt asked Council if they still wanted to meet with the Planning Commission at a workshop. Council consensus was to meet with the Planning Board in a workshop setting. Mr. Hurt noted that he would be in Tallahassee on March 18 th and 19 th, with Assistant City Manager Miller, Mayor Borders and Council Member Rinehart. Mr. Hurt stated he was approached by the Osceola County School Superintendent regarding possible funding to assist St. Cloud High School in starting a Business School. Initially, they were looking for financial support of $10,000 this year, then an additional $10,000 for the next two years. Council consensus was to invite Superintendent, Melba Luciano to a council meeting to provide a brief presentation regarding the school s mission and vision for the project. XII. Mayor and Council Members Mayor Borders said it was nice to be back. Deputy Mayor Shroyer said FCAT exams were coming up and reminded students to study, get a good night s rest, have a good breakfast and do the best they can. Council Member Rinehart said he felt there was a historic opportunity to unite downtown businesses with the community and suggested forming a committee to guide the downtown area with a purpose and a new direction. Council Member Holmes stated he had nothing at this time. Council Member Hopper wished everyone a Happy St. Patrick s Day. 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. No one came forward at this time. XIV. Information Section Mayor Borders read the following: 6 3/13/2014 Item # VI.B
Attachment number 2 \npage 7 Thursday, March 20, 2014 Community Redevelopment Agency Meeting - 6:00 p.m. @ City Hall, Council Chambers Thursday, March 20, 2014 - City Council Workshop - 6:30 p.m. (or immediately following the CRA Meeting) @ City Hall, Council Chambers Thursday, March 27, 2014 - City Council Meeting - 6:30 p.m. @ City Hall, Council Chambers XV. Adjournment 7:21 p.m. ATTEST: Mayor, Rebecca Borders City Clerk, Linda P. Jaworski Minutes Approved: 7 3/13/2014 Item # VI.B
AGENDA Consent Ordinance No. Resolution No. 2014-066R DATE OF MEETING: APRIL 24, 2014 AGENDA ITEM (Brief Description) Final Action 4/24/2014 Resolution No. 2014-066R DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. Various departments are requesting authorization to dispose of obsolete, damaged, and surplus City property. The obsolete, damaged, and surplus property will be disposed of by trading in for credit toward new equipment, donated, sold as scrap or sold via auction. Please see itemized list attached as Exhibit A to the resolution. Staff recommends approval of this request. FINANCE DIRECTOR S COMMENTS: N/A PURCHASING MANAGER S COMMENTS: N/A CITY MANAGER S COMMENTS: Recommend approval CITY COUNCIL ACTION: 4/24/2014 - Final Action Cover Memo Item # VI.C
Attachment number 1 \npage 1 Item # VI.C
Attachment number 1 \npage 2 Item # VI.C
AGENDA Consent Ordinance No. Resolution No. 2014-067R DATE OF MEETING: APRIL 24, 2014 AGENDA ITEM (Brief Description) Final Action 4/24/2014 Resolution No. 2014-067R DEPARTMENT SUMMARY: COST OF PROJECT: $240,000.00 Staff recommends the purchase of a 2014 Elgin Whirlwind Street Sweeper, with options, available through the Florida Sheriffs Association Contract No. 13-11-0904. This purchase is budgeted in Account No. 450-7063-541.64.00. Staff recommends approval of this request. FINANCE DIRECTOR S COMMENTS: Funds are available in the Storm Water Utility Fund for the purchase of this piece of equipment. MMT PURCHASING MANAGER S COMMENTS: This item was posted for ten business days in accordance with the City of St. Cloud Purchasing Policy, from March 19, 2014, through April 1, 2014, with no local vendor response. CITY MANAGER S COMMENTS: Recommend approval CITY COUNCIL ACTION: 4/24/2014 - Final Action Cover Memo Item # VI.D
Attachment number 1 \npage 1 Item # VI.D
Attachment number 1 \npage 2 Item # VI.D
Attachment number 2 \npage 1 Elgin & Vactor Prepared for: CITY OF ST. CLOUD Prepared by: NICK CAUSEY Date: FEBRUARY 6, 2014 Proposal #: MVSCL1 ELGIN WHIRLWIND PROPOSAL 2525 Clarcona Rd Apopka, FL 34729 Phone: 407-798-0004 Fax: 407-798-0014 www.epofc.com Item # VI.D
Attachment number 2 \npage 2 February 6, 2014 Mr. Scott Adams City St. of Cloud 2905 17 th St. St. Cloud, FL 34769 Ref: 2014 Elgin Whirlwind Vacuum Sweeper I am pleased to present the following proposal on a new 2014 Elgin Whirlwind. Below I have listed the Elgin Whirlwind s standard specifications and options as requested. This sweeper was priced per the Florida Sheriff s Contract #13-11-0904, specification #45. Specification #45 is for an Elgin Crosswind (J plus) with the option for an Elgin Whirlwind. It is important for me to note that when our customers purchase a sweeper from Environmental Products of Florida, they can be confident that we will deliver the service and support expected from us far down the road. We hope to get the opportunity to prove this to you. Elgin Whirlwind Vacuum Sweeper CHASSIS 2015 FREIGHTLINER M2 DUAL STEER W/ CUMMINS ENGINE (2013 EMISSIONS) STANDARD SPECIFICATIONS Auxiliary Engine: John Deere 4045TF150, 4 cylinder Turbocharged diesel Alternator, 120 amp. Horsepower: 115 HP (86 kw) at 2500 RPM Displacement: 276 cu. in. (4.5 L) Auto Shutdown Auxiliary Engine Backup alarm, electric Camera, Rear View Control console, with rocker switches for all sweep functions, including memory sweep in an ergonomically designed console with full gauge package including diagnostic gauge, tachometer, engine hour meter, oil pressure indicator, coolant temperature, voltmeter and fuel level indicator, auxiliary engine RPM control, side broom down pressure controls, manual reset circuit breakers, 2525 Clarcona Rd Apopka, FL 34729 Phone: 407-798-0004 Fax: 407-798-0014 www.epofc.com Item # VI.D
Attachment number 2 \npage 3 water level gauge and warning lights for hopper "up", hopper rear door "open" and hopper "full" Drive: Fluid coupling blower drive with power belt Doors, fiberglass access doors provide easy service and maintenance on auxiliary engine, hydraulic and electrical system Electronic Throttle Fuel tank, 50 gallon (189 L) Fuel water separator for auxiliary engine Hose, hydrant fill, 16208" (5080 mm) with coupling Hopper rear door, hydraulically opened/closed and locked/unlocked with external controls Hydraulic oil cooler In cab hopper dump LED clearance lights Sweep resume/sweep transport/reverse pick-up OPTIONS INCLUDED IN QUOTE Dual Rear Flood Lights LED Amber Strobe Light Hydraulic Wandering Hose Auxilliary Hydraulic System LED Arrowstick 6 " Hopper Drain System Hopper Deluge Gutter Broom Tilt Adjuster In Cab RH Gutter Broom Tilt Adjuster In Cab LH RH Inspection Door With Step Front Spray Bar Remote Controlled Heated Mirrors AM/FM/CD/MP3 Player 25' Water Fill Hose Auto Shutters on LH & RH Suction Nozzle Automatic Lubrication System Dual HighBack Cloth Bostrom Air Ride Seats Idle Down Low Water One Year of the Full Maintenance Plan 2525 Clarcona Rd Apopka, FL 34729 Phone: 407-798-0004 Fax: 407-798-0014 www.epofc.com Item # VI.D
Attachment number 2 \npage 4 TOTAL COST PER THE FSA CONTRACT: $258,002.00 NEW CUSTOMER DISCOCUNT: -$18,002.00 FINAL SELLING PRICE: $240,000.00 Training: All training is included at no additional cost. It is conducted on sight and includes in-depth operational and general maintenance training. Warranties Include: One (1) year standard warranty Please feel free to call or write with any questions or concerns. Sincerely, Nick Causey, East Coast Regional Manager Environmental Products of Florida Email: ncausey@epofc.com Cell: (904) 537-8799 Fax: (904) 339-9595 2525 Clarcona Rd Apopka, FL 34729 Phone: 407-798-0004 Fax: 407-798-0014 www.epofc.com Item # VI.D
AGENDA Consent Ordinance No. Resolution No. 2014-070R DATE OF MEETING: APRIL 24, 2014 AGENDA ITEM (Brief Description) Final Action 04/24/14 Resolution No. 2014-070R DEPARTMENT SUMMARY: COST OF PROJECT: $1,750.00 The scope of requested work is outlined in the proposal and includes reporting two sets of quarterly water level readings and reporting of results to the FDEP. Original Task Authorization in the amount of $69,988.00 was approved by Resolution No. 2013-145R on October 10, 2013. Funds are available in Project No. LF0401 account # 440-7072-534.31-00. The approval of this First Adendeum would bring the total of the Task Authorization to $71,738.00. FINANCE DIRECTOR S COMMENTS: Funds are available for this task authorization cost increase in the Sanitation Fund. MMT PURCHASING MANAGER S COMMENTS: N/A CITY MANAGER S COMMENTS: Recommend Approval CITY COUNCIL ACTION: 04/24/14 - Final Action Cover Memo Item # VI.E
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AGENDA Consent Ordinance No. Resolution No. 2014-071R DATE OF MEETING: APRIL 24, 2014 AGENDA ITEM (Brief Description) Final Action 04/24/14 Resolution No. 2014-071R DEPARTMENT SUMMARY: COST OF PROJECT: $225,906.40 / Contingency $22,590.64 A COMPLETE COPY OF ITB NO. 2014-020 IS ON FILE IN THE CLERK'S OFFICE. This project shall include: Furnish and install approximately 4800 square yards of fabric formed concrete erosion protection materials into existing ditches along, and adjacent to, the landfill stack at the St. Cloud Landfill site. The project shall also include ancillary tasks in support of the installation of the material, such as, excavation, removal of plastic ditch covering, grading, compaction and other tasks as necessary to provide a complete project. The total cost for this contract, $248,497.04, includes the bid amount, $225,906.40, and a ten percent (10%) contingency of $22,590.64. This contract is being recommended for award to Anchor Construction, LLC. FINANCE DIRECTOR S COMMENTS: Funds are available within the Solid Waste Fund to pay for this item. MMT PURCHASING MANAGER S COMMENTS: N/A CITY MANAGER S COMMENTS: Recommend Approval CITY COUNCIL ACTION: 04/24/14 - Final Action Cover Memo Item # VI.F
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Attachment number 2 \npage 1 ITB No. 2014-020 Recap To: From: Subject: Thomas H. Hurt, City Manager Leslie Flores, Purchasing Manager ITB No. 2014-020 St. Cloud Landfill Project 1 Ditch Erosion Protection Date: April 11, 2014 This memo is to summarize the results of the above referenced invitation to bid (ITB). The ITB was advertised in the Orlando Sentinel and on demandstar.com and myvendorlink.com beginning on February 23, 2014, with a due date of March 25, 2014. Myvendorlink.com shows that 1591 suppliers were notified and 26 plan holders and demandstar shows that 523 suppliers were notified and 24 plan holders for this ITB. Six (6) bid submittals were received from the following companies: 1) Anchor Construction, St. Cloud, FL 2) Danny Martinez, Inc., Kissimmee, FL 3) Hendry Corporation, Tampa, FL 4) Jimmy Hickman Excavating, LLC, Kissimmee, FL 5) Price Construction, Inc., Orlando, FL 6) Volusia General Contractors dba Formasters, Lake Helen, FL Anchor Construction was the apparent low bidder with a base proposal of $225,906.40. The submittals were reviewed by Purchasing. Recommendation will be made to the City Council at the April 24, 2014 City Council meeting to award the project to Anchor Construction whose bid conformed in all material respects to the solicitation and is responsive. Item # VI.F
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AGENDA Consent Ordinance No. Resolution No. 2014-072R DATE OF MEETING: APRIL 24, 2014 AGENDA ITEM (Brief Description) Final Action 04/24/2014 Resolution No. 2014-072R DEPARTMENT SUMMARY: COST OF PROJECT: $39,545.00 Equity Terra Vista, LLC has the need to install a 6" reuse water main to extend reuse water service to the Terra Vista property. The City has the need to upsize that 6" reuse water main to a 16" reuse water main to provide reuse for new development along the Narcoossee corridor. Equity Terra Vista, LLC has agreed to design and construct the improvements along the corridor and will be reimbursed with sewer impact fee credits. FINANCE DIRECTOR S COMMENTS: There is no cash outlay for this project. PURCHASING MANAGER S COMMENTS: N/A CITY MANAGER S COMMENTS: Recommend Approval CITY COUNCIL ACTION: 04/24/2014 - Final Action Cover Memo Item # VI.G
Attachment number 1 \npage 1 RESOLUTION NUMBER 2014-072R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA AUTHORIZING THE MAYOR TO ENTER INTO THE LINE EXTENSION AGREEMENT WITH EQUITY TERRA VISTA, LLC AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Equity Terra Vista has the need to install a 6 reuse water main to extend reuse water service to the Terra Vista property; WHEREAS, The City has a need to upsize the 6 reuse water main to a 16 reuse water main to extend reuse water service to new development along the Narcoossee corridor; WHEREAS, Equity Terra Vista, LLC has agreed to design and install the necessary reuse water main and will be reimbursed with sewer impact fee credits; WHEREAS, the City Council of the City of St. Cloud, Florida finds that this agreement is in the best interest of the City and provides for expansion of services in the surrounding area; 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 hereby directed to execute the line extension agreement for the reuse water main. The agreement is more specifically described in Attachment A SECTION II. The City Manager is authorized to execute any modifications to the line extension agreement SECTION III. This resolution shall take effect immediately upon its adoption PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida on April 24, 2014. 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.G
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AGENDA Consent Ordinance No. Resolution No. 2014-075R DATE OF MEETING: APRIL 24, 2014 AGENDA ITEM (Brief Description) Final Action 04/24/14 Resolution No. 2014-075R DEPARTMENT SUMMARY: COST OF PROJECT: $92,200.00 The scope of requested work is outlined in the proposal and includes Assistance with the FDEP Consent Order, ASR Exploratory Well Permitting, Exploratory Well Construction Design, Evaluation of Water Quality, and Conceptual Design of Above-grade Facilities. Funds are available in Project No. RW1406, Account No. 430-9595-699-31.00. FINANCE DIRECTOR S COMMENTS: Funds are available to pay this task authorization within the Sewer Utility. MMT PURCHASING MANAGER S COMMENTS: CITY MANAGER S COMMENTS: Recommend Approval CITY COUNCIL ACTION: 04/24/14 - Final Action Cover Memo Item # VI.H
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