Newest Agenda Full - City of St. Cloud, Florida

Transcription

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.
Invocation
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
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. 201627, an ordinance of the City Council of the City of St. Cloud, Florida, to annex into
the City of St. Cloud approximately 2.524 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 171.044,
Florida statutes. (Above is full title) ACTION ON ORDINANCE NO. 2016-27
2.
SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO. 2016-30, 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 171.044,
Florida statutes. (Above is full title) ACTION ON ORDINANCE NO. 2016-30
3.
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. 2016-31
4.
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. 2016-31, 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. 2016-32
5.
FIRST PUBLIC HEARING FOR ORDINANCE NO. 2016-36, 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. (Above is full title) ACTION ON ORDINANCE NO. 2016-36
6.
FIRST PUBLIC HEARING FOR ORDINANCE NO. 2016-37, 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 40-162. –
Landlord, Owner of Rental Property(ies), and Section 40-163. – Schedule Of Local
Business Tax Fees, providing for severability, conflicts, codification, and an
7.
FIRST PUBLIC HEARING FOR ORDINANCE NO. 2016-39, 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. 2016-39
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. 2016-093R, 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.
COST: $1,355,513.00 (Estimated)
D. Resolution No. 2016-094R, 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: $117,650.00
E.
Resolution No. 2016-095R, 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.
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.
G. Resolution No. 2016-097R, 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.
IX.
Council Action
1.
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.
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, 2016 - City Council Meeting - 6:30 p.m. @ 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 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
Item #
AGENDA
First Reading:
First Public Hearing:
05/12/2016
Public Hearings
Second Public Hearing:
05/26/2016
Ordinance No. 2016-27
Resolution No.
Final Action:
05/26/2016
05/12/2016 - Passed, motion
made by Mr. Holmes
seconded by Mr. Rinehart,
vote was 5-0, all members
voting, "aye".
DATE OF MEETING: MAY 26, 2016
AGENDA ITEM (Brief Description)
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. 2014-30. 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, 2016. The recommendation of the
Planning Commission will be presented to the City Council at the second hearing scheduled on May 26, 2016.
FINANCE DIRECTOR'S COMMENTS:
N/A
PURCHASING MANAGER'S COMMENTS:
N/A
Item # V.1
CITY MANAGER'S COMMENTS:
I recommend approval.
CITY COUNCIL ACTION:
05/26/2016
05/12/2016 - 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
RETURN TO:
CITY OF ST. CLOUD
DEPT OF PLANNING AND ZONING
1300 9TH STREET
ST. CLOUD, FL 34769
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, TO
ANNEX INTO THE CITY OF ST. CLOUD APPROXIMATELY 2.524 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 171.044, 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 171.044, 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
171.044, 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, 1400.0 FT. TO THE POINT OF BEGINNING; CONTINUE
_______________________________________________________________________________________________________
St. Cloud West Village Center – Fairwinds
DRC Case # 16-30.02
ItemPage
# V.1
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SOUTH 52º34’48” EAST, 321.15 FT.; RUN THENCE SOUTH 51º16’38” WEST, PARALLEL TO
THE CENTERLINE OF ST. CLOUD CANAL C-31, 411.99 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, 222.47 FT.; RUN THENCE NORTH 37º25’12”EAST, 400.00 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. 2014-30. 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 12th day of May, 2016
Second Reading on the 26th day of May, 2016
_______________________________________________________________________________________________________
DRC Case # 16-30.02
ItemPage
# V.1
2 of 3
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 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by a Public Official: City Manager, City of
St. Cloud, St. Cloud, Florida 34769.
_______________________________________________________________________________________________________
DRC Case # 16-30.02
ItemPage
# V.1
3 of 3
City Council Staff Report
Meeting Date: 05/12/16 & 05/26/16
DRC Case #
16-30.02
Ordinance No.
2016-27
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 #
04-26-30-0000-0017-000-0
Project Planner
Shuo Liu
Request
The applicant is requesting annexation of 2.524 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. 2014-30. 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 171.044 requires the City to make the following
findings:
A. The subject property must be contiguous to the municipality
and reasonably compact.
Item # V.1
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, 2014. The proposed annexation
meets the requirements of Florida Statutes Section 171.044,
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 04-26-30-00000017-000-0 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, 2016. 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
3.4.3.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. 2016-27
 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 # 16-30.02 St. Cloud West Village Center – Fairwinds - Annexation
Item # V.1
SCHOOL CAPACITY REPORT
The School District of Osceola County
Planning Services Department
SDOC # 2015/16-0271
DRC#: 16-30.02
Current FLU: County: Commercial
Requested FLU: City: Commercial
PROJECT NAME: St. Cloud West Village Center – Fairwinds Annexation
PROJECT LOCATION:
2975 E. Irlo Bronson Memorial Highway
COMMENTS DUE DATE: April 14, 2016
Current Zoning: County: CG
Requested Zoning: City: Hwy Business
PID#:
04-26-30-0000-0017-0000
No Impact on Public Schools
Page 3 of 3
DRC Case # 16-30.02 St. Cloud West Village Center – Fairwinds - Annexation
Item # V.1
Requirements of the Planning Commission report to the City Council
Land Development Code 3.4.3.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.
04-26-30-0000-0017-0000 - 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
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 192.
14. 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. 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
St. Cloud West Village Center - Fairwinds
Future Land Use Map
/
April 2016
DRC CASE #16-30.02
Annexation
IR
LO
IR
LO
BR
BR
ON
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ME
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HW
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Y
Y
Legend
Canal
St Cloud Future Land Use
HIGH DENSITY RESIDENTIAL
COMMERCIAL
Osceola County Future Land Use
COMMERCIAL
LOW DENSITY RESIDENTIAL
13
TH
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ST
Item # V.1
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Zoning Map
/
April 2016
DRC CASE #16-30.02
Annexation
IR
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Legend
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ME
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Canal
Zoning
R-4
HB
Osceola County Zoning
CG
CR*
AC
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Item # V.1
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Item # V.1
Item #
AGENDA
First Reading:
05/12/2016
Public Hearings
05/26/2016
Resolution No.
Final Action:
05/26/2016
made by Mr. Holmes
seconded by Mr. Askew,
voting, "aye".
DEPARTMENT SUMMARY:
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, 2016. The recommendation of the
Planning Commission will be presented to the City Council at the second public hearing scheduled on May 26,
2016.
N/A
N/A
Item # V.2
05/26/2016
05/12/2016 - Passed, motion made by Mr. Holmes seconded by Mr. Askew, vote was 5-0, all members voting,
"aye".
ATTACHMENTS:
Description
Ordinance
Staff Report
Item # V.2
RETURN TO:
CITY OF ST. CLOUD
1300 9TH STREET
ST. CLOUD, FL 34769
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
171.044, 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 171.044, 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.
SECTION 1:
That the following property is annexed into the City of St. Cloud, Florida, pursuant to Chapter
171.044, Florida Statutes:
ALL OF LOT 77 AND THAT PART OF LOTS 67 AND 68 LYING WEST OF S.R. #523 RIGHTOF-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.
_______________________________________________________________________________________________________
Circle K Store #9749
DRC Case # 16-86.03
ItemPage
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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 89°47’45” WEST, ALONG SAID SOUTH RIGHT-OF-WAY
LINE, 123.79 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, 203.9 FEET; RUN THENCE SOUTH 89°47’45”
EAST, 303.62 FEET TO THE SAID WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK
ROAD; RUN THENCE NORTH 41°19’15” WEST ALONG SAID WESTERLY RIGHT-OF-WAY
272.35 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:
unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part
of this ordinance.
SECTION 5:
_______________________________________________________________________________________________________
DRC Case # 16-86.03
ItemPage
# V.2
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ATTEST:
By:
Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by a Public Official: City Manager, City of
St. Cloud, St. Cloud, Florida 34769.
_______________________________________________________________________________________________________
DRC Case # 16-86.03
ItemPage
# V.2
3 of 3
Meeting Date: 05/12/16 & 05/26/16
DRC Case #
16-86.03
Ordinance No.
2016-30 -Annexation
2016-31-FLU
2016-32-Rezoning
Type of Application
Annexation/ Future
Land Use Map
Amendment/Rezoning
Case Name
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 #
35-26-30-4950-0001-068-0
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).
findings:
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, 2014. Item
The #
proposed
V.2
annexation meets the requirements of Florida Statutes Section
171.044, and therefore is eligible for annexation into the City.
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.
Table 1: Zoning & Future Land Use of Neighboring Properties
Zoning
CG, Commercial General & PUD,
Planned Unit Development
Future Land Use
Low Density Residential
& Commercial
RS-1A, Residential Single Family
Single Family,
detached
(County)
East
CG, Commercial General
Commercial
Vacant (County)
West
Single Family,
detached
(County)
North
South
Existing Land Use
Vacant (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 # 16-86.03 Circle K Store #9749
Annexation, Future Land Use Map Amendment &Zoning
Item # V.2
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:
developed.
3. Solid Waste Analysis:
developed.
4. Parks and Recreational Facilities Analysis:
developed.
5. Drainage Analysis:
developed.
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
Item # V.2
objection to the request.
Planning Commission will hear this request for Future Land Use
Map Amendment on May 17, 2016. The recommendation of the
Planning Commission will be presented to the City Council
information presented.
Attachments
 Zoning Map
Page 4 of 5
Item # V.2
SDOC # 2015/16-0278
DRC#: 16-86.03
Current FLU: County - Commercial
Requested FLU: City - Commercial
PROJECT NAME: Circle K Store #9749
PROJECT LOCATION:
Current Zoning: County – R-1
Requested Zoning: City - HB
PID#: 35-26-30-4950-0001-0680
Annexation/FLU/Zoning
Page 5 of 5
Item # V.2
Item # V.2
Item # V.2
Item # V.2
Item # V.2
Item #
AGENDA
First Reading:
05/12/2016
Public Hearings
05/26/2016
Resolution No.
Final Action:
05/26/2016
made by Mr. Shroyer
seconded by Mr. Askew,
voting, "aye".
DEPARTMENT SUMMARY:
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, 2016. The
recommendation of the Planning Commission will be presented to the City Council at the second public
hearing scheduled on May 26, 2016.
N/A
N/A
Item # V.3
05/26/2016
05/12/2016 - Passed, motion made by Mr. Shroyer seconded by Mr. Askew, vote was 5-0, all members voting,
"aye".
ATTACHMENTS:
Description
Ordinance
Staff Report
Future Land Use Map
Item # V.3
RETURN TO:
CITY OF ST. CLOUD
DEPT. OF PLANNING & ZONING
1300 9TH STREET
ST. CLOUD, FL 34769
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 163.3167, 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 2002-41, on September 26, 2002; and,
WHEREAS, pursuant to Chapter 163.3187, 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 163.3161 through
163.3215 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
163.3187(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 163.3187 (2) Florida Statutes, and advertisement and notice being consistent
with the requirements of Chapter 166.041 (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):
_________________________________________________________________________________________
DRC Case # 16-86.03
Page 1Item
of 3
# V.3
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-OFWAY LINE OF FRIAR’S COVE ROAD AND THE WESTERLY RIGHT-OF-WAY
LINE OF CANOE CREEK ROAD, RUN THENCE NORTH 89°47’45” WEST,
ALONG SAID SOUTH RIGHT-OF-WAY LINE, 123.79 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, 203.9 FEET; RUN
THENCE SOUTH 89°47’45” EAST, 303.62 FEET TO THE SAID WESTERLY
RIGHT-OF-WAY LINE OF CANOE CREEK ROAD; RUN THENCE NORTH
41°19’15” WEST ALONG SAID WESTERLY RIGHT-OF-WAY 272.35 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 163.3161 through 163.3217, 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.
_________________________________________________________________________________________
DRC Case # 16-86.03
Page 2Item
of 3
# V.3
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.
ATTEST:
______________________________________
By: ____________________________________
Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and returned to a
Public Official: City Manager, City of St. Cloud; 1300 9 th Street; St. Cloud, Florida 34769
_________________________________________________________________________________________
DRC Case # 16-86.03
Page 3Item
of 3
# V.3
Meeting Date: 05/12/16 & 05/26/16
DRC Case #
16-86.03
Ordinance No.
2016-30 -Annexation
2016-31-FLU
2016-32-Rezoning
Type of Application
Annexation/ Future
Land Use Map
Amendment/Rezoning
Case Name
Owner
Applicant
Peter Uhlich
Agent
Timothy J. Bauer
Progressive
Development Group,
Inc.
Address
Parcel ID #
35-26-30-4950-0001-068-0
Project Planner
Shuo Liu
Request
Annexation
findings:
The #
proposed
V.3
Future Land Use
Commissioners.
Zoning
Future Land Use
& Commercial
Single Family,
detached
(County)
East
Commercial
Vacant (County)
West
Single Family,
detached
(County)
North
South
Existing Land Use
Vacant (County)
PLAN
Page 2 of 5
Item # V.3
developed.
developed.
developed.
developed.
developed.
Zoning
DRC/Staff Review
Page 3 of 5
Item # V.3
Attachments
 Zoning Map
Page 4 of 5
Item # V.3
SDOC # 2015/16-0278
DRC#: 16-86.03
PROJECT LOCATION:
PID#: 35-26-30-4950-0001-0680
Page 5 of 5
Item # V.3
Item # V.3
Item # V.3
Item # V.3
Future Land Use Map
DEER RUN RD
FRIARS COVE RD
A
N
O
E
C
R
EE
K
R
D
FOREST CIR
C
DRC # 16-86.03
Annexation, FLU Map Amendment
& Rezoning
Legend
St Cloud Future Land Use
Osceola County Future Land Use
COMMERCIAL
April 2016
Item # V.3
/
Item # V.3
Item #
AGENDA
First Reading:
05/12/2016
Public Hearings
05/26/2016
Resolution No.
Final Action:
05/26/2016
made by Mr. Holmes
seconded by Mr. Shroyer,
voting, "aye".
DEPARTMENT SUMMARY:
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, 2016. The recommendation of the
Planning Commission will be presented to the City Council at the second public hearing scheduled on May 26,
2016.
N/A
Item # V.4
N/A
05/26/2016
05/12/2016 - Passed, motion made by Mr. Holmes seconded by Mr. Shroyer, vote was 5-0, all members
voting, "aye".
ATTACHMENTS:
Description
Ordinance
Staff Report
Zoning Map
Item # V.4
RETURN TO:
CITY OF ST. CLOUD
DEPT. OF PLANNING AND ZONING
1300 9TH STREET
ST. CLOUD, FL 34769
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. 2016-31, 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. 2016-31 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.
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:
DRC Case # 16-86.03
Page 1 of 3
Item # V.4
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-OFWAY LINE OF FRIAR’S COVE ROAD AND THE WESTERLY RIGHT-OF-WAY
LINE OF CANOE CREEK ROAD, RUN THENCE NORTH 89°47’45” WEST, ALONG
SAID SOUTH RIGHT-OF-WAY LINE, 123.79 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, 203.9 FEET; RUN THENCE SOUTH 89°47’45”
EAST, 303.62 FEET TO THE SAID WESTERLY RIGHT-OF-WAY LINE OF CANOE
CREEK ROAD; RUN THENCE NORTH 41°19’15” WEST ALONG SAID
WESTERLY RIGHT-OF-WAY 272.35 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:
unconstitutional, it shall not be held to impair the validity, force or effect of any other section or
part of this ordinance.
DRC Case # 16-86.03
Page 2 of 3
Item # V.4
SECTION 7:
ATTEST:
________________________
By:__________________________________________
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
DRC Case # 16-86.03
Page 3 of 3
Item # V.4
Meeting Date: 05/12/16 & 05/26/16
DRC Case #
16-86.03
Ordinance No.
2016-30 -Annexation
2016-31-FLU
2016-32-Rezoning
Type of Application
Annexation/ Future
Land Use Map
Amendment/Rezoning
Case Name
Owner
Applicant
Peter Uhlich
Agent
Timothy J. Bauer
Progressive
Development Group,
Inc.
Address
Parcel ID #
35-26-30-4950-0001-068-0
Project Planner
Shuo Liu
Request
Annexation
findings:
The #
proposed
V.4
Future Land Use
Commissioners.
Zoning
Future Land Use
& Commercial
Single Family,
detached
(County)
East
Commercial
Vacant (County)
West
Single Family,
detached
(County)
North
South
Existing Land Use
Vacant (County)
PLAN
Page 2 of 5
Item # V.4
developed.
developed.
developed.
developed.
developed.
Zoning
DRC/Staff Review
Page 3 of 5
Item # V.4
Attachments
 Zoning Map
Page 4 of 5
Item # V.4
SDOC # 2015/16-0278
DRC#: 16-86.03
PROJECT LOCATION:
PID#: 35-26-30-4950-0001-0680
Page 5 of 5
Item # V.4
Item # V.4
Item # V.4
Item # V.4
Zoning Map
DEER RUN RD
FRIARS COVE RD
A
N
O
E
C
R
EE
K
R
D
FOREST CIR
C
DRC # 16-86.03
Annexation, FLU Map Amendment
& Rezoning
Legend
Zoning
PUD
Osceola County Zoning
CG
AC
R-1*
RS-1A*
April 2016
Item # V.4
/
Item # V.4
Item #
AGENDA
First Reading:
05/26/2016
Public Hearings
06/09/2016
Resolution No.
Final Action:
05/26/2016
06/09/2016
DEPARTMENT SUMMARY:
COST OF PROJECT: No cost associated with this item
Ordinance No. 2016-36 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.
N/A
N/A
Item # V.5
05/26/2016
06/09/2016
ATTACHMENTS:
Description
Ordinance
Staff Report
Item # V.5
RETURN TO:
CITY OF ST. CLOUD
1300 9th Street
ST. CLOUD, FL 34769
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 8-3. - 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 .2016-36
City Code Amendment – Chicken-keeping
DRC Case # 16-10.11
Item #Page
V.5
1 of 5
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
_____________________________________________________________________________________________________
DRC Case # 16-10.11
Item #Page
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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.
_____________________________________________________________________________________________________
DRC Case # 16-10.11
Item #Page
V.5
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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.
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 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.
_____________________________________________________________________________________________________
DRC Case # 16-10.11
Item #Page
V.5
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FIRST READING ON THE 26TH DAY OF MAY, 2016
SECOND READING ON THE 9TH DAY OF JUNE, 2016
________________________________
ATTEST:
_________________________________________
de Beaubien, Knight, Simmons, Mantzaris & Neal
_____________________________________
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 9th Street, St. Cloud, Florida 34769.
_____________________________________________________________________________________________________
DRC Case # 16-10.11
Item #Page
V.5
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PLANNING AND ZONING DEPARTMENT
1300 NINTH STREET, BUILDING A, FIRST FLOOR
ST. CLOUD, FLORIDA 34769
407-957-7255 FAX 407-957-7290
TO:
Mayor Rebecca Borders and Members of the City Council
FROM:
Planning & Zoning Department
DATE:
May 13, 2016
SUBJECT:
Ordinance No. 2016-36 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
Item #
AGENDA
First Reading:
05/26/2016
Public Hearings
06/09/2016
Resolution No.
Final Action:
05/26/2016
06/09/2016
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. 2016-37
will revise the City Code to assess the Landlord Business Tax to each property owner annually regardless of
the number of properties they own.
If this change is approved annual revenues are projected to decrease by $26,294.41. 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.
Item # V.6
05/26/2016
06/09/2016
ATTACHMENTS:
Description
Staff Report
Comparison
email request
Item # V.6
RETURN TO:
CITY OF ST. CLOUD
1300 9th Street
ST. CLOUD, FL 34769
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 40-162. – LANDLORD, OWNER OF RENTAL PROPERTY (IES), AND SECTION 40-163.
– 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 40-162. – “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 40-163. – “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..... 56.28
(3) Contractor, state licensed..... 56.28
(4) Contractor, not state licensed..... 56.28
(5) Bar/lounge, no food..... 56.28
(6) Bar/lounge, with food..... 56.28
(7) Entertainment/recreation..... 56.28
(8) Financial/lending..... 56.28
(9) Food service..... 56.28
(10) Gas station—Minor (gas only)..... 56.28
(11) Gas station—Major..... 56.28
(12) Healthcare professional..... 56.28
(13) Healthcare facility—Minor..... 56.28
(14) Healthcare facility—Major (w/ salon, gift shop)..... 56.28
Item # V.6
____________________________________________________________________________________________________
City Code Amendment – Local Business Tax
Page 1 of 5
(15) Housing/lodging (over 4 units)..... 56.28
(16) Industry..... 56.28
(17) Insurance agent..... 56.28
(18) Landlord (4 units or less) per rental location..... 35.16
(19) Manufacturing..... 56.28
(20) Professional..... 56.28
(21) Professional establishment..... 56.28
(22) Retail/wholesale—Minor (no state req.)..... 56.28
(23) Retail/wholesale—Major (state lic.)..... 56.28
(24) School/training/education..... 56.28
(25) Seasonal sales (Christmas tree)..... 56.28
(26) Service..... 56.28
(27) Available
(28) Warehouse, mini-warehouse, storage..... 56.28
(29) Available
(30) Utility..... 56.28
(31) Vending/coin operated machine, per machine..... 14.07
(32) Occupations not listed..... 56.28
(33) Insurance company..... 56.28
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
____________________________________________________________________________________________________
Page 2 of 5
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 26TH DAY OF MAY, 2016
SECOND READING ON THE 9TH DAY OF JUNE, 2016
________________________________
ATTEST:
_________________________________________
de Beaubien, Knight, Simmons, Mantzaris & Neal
_____________________________________
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 9th Street, St. Cloud, Florida 34769.
Item # V.6
____________________________________________________________________________________________________
Page 3 of 5
PLANNING AND ZONING DEPARTMENT
1300 NINTH STREET, BUILDING A, FIRST FLOOR
ST. CLOUD, FLORIDA 34769
407-957-7255 FAX 407-957-7290
TO:
Mayor Rebecca Borders and Members of the City Council
FROM:
Planning & Zoning Department
DATE:
May 13, 2016
SUBJECT:
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. 2016-37
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
2016
**2015
2014
2013
2012
2011
Total amount
collected
including
application and
late fees etc
$ 82,474.39
$ 78,264.68
$ 43,858.41
$ 42,629.76
$ 37,067.86
$ 36,249.02
Total amount
collected of
full year tax
amounts
excluding
application
and late fees
$ 74,293.08
$ 62,830.92
$ 40,388.94
$ 39,082.83
$ 34,420.10
$ 34,547.70
Amount that would
have been collected
using only the full
year amount
(excluding
application and late
fees) when duplicate
property owners
names are removed
$ 47,998.67
$ 40,877.14
$ 27,250.76
$ 27,714.44
$ 24,304.75
$ 24,515.65
Difference
$ 26,294.41
$ 21,953.78
$ 13,138.18
$ 11,368.39
$ 10,115.35
$ 10,032.05
Total
number
Landlord
Business
Tax
Receipts at
full year
amount
only
2,113
1,787
1,206
1,167
1,079
1,083
Revised
number of
Landlord
Business Tax
Receipts when
duplicate
property
owners names
are removed
1,340
1,073
799
822
749
762
** 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
Comparison of Landlord Business Tax Receipt Assessment
Location
Coral Springs
Delray Beach
City of Green Acres
Hollywood
Kissimmee
Lake Worth
Miami-Dade County
Orange
Orlando
Notes
registration fee
unit
property minimum
per unit for properties with 3 or more
Rental Leasing Office
Residential Rental Properties
Apartments 2 or more
Rental houses 2 or more
Single Family House
apartments
2 to 4
5 to 9
10 to 20
Over 21
apartments
$
56.00
$
75.00
$
35.09
$
14.02
$
140.70
$61 + $25 app fee
4 per unit
$6 per unit to $60 max
$
19.15
$
15.20
$
15.20
$
19.15
$
25.53
2.56 per unit
City = 60; county = $100
5 to 10 units
Square footage
Plus Number of workers
$55.13 to $275.63
$55.13 to $347.29
10 or less - $33.08;
11 to 100 - $11.03 each;
Over 100 - $5.51 each
Plus Number of rooms, units or
apartments
Osceola County
St. Cloud
Sanford
Landlord per rental location
Apartment or other rental unit (with 3
or more units)
Seminole
Tampa
apartments
Rental house
boardinghouse
Boardinghouse/Roominghouse
Winter Garden
Depends on ownership &
number of rentals also
$30
Property Management
(apartments/condo/other rentals)
4 units or less $35.16
$10 per unit;
$150 max
Square footage or number
of units
$1.43 per room
$
12.72
0-3 persons - 28.93
Additional - 2.88
3 or more non-related
$81.90
$86.00
Item # V.6
Veronica Miller
From:
Sent:
To:
Subject:
Tom Long [[email protected]]
Tuesday, May 10, 2016 10:28 AM
Veronica Miller
Fwd: Rental property business license
From Tom Long
Osceola County Landlord Association
centralfloridalandlord.com
407-973-6766
Florida Non-Profit N05000001967
This email is intended for OCLA members ONLY, reprint is strictly prohibited.
Further transmission to you by the sender of this email 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 1618
-----Original Message----From: Tom Long <[email protected]>
To: joe.helfenberger <[email protected]>
Sent: Thu, Apr 21, 2016 6:01 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
Osceola County Landlord Association
centralfloridalandlord.com
407-973-6766
Florida Non-Profit N05000001967
This email is intended for OCLA members ONLY, reprint is strictly prohibited.
Further transmission to you by the sender of this email 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 1618
Item # V.6
2
Item #
AGENDA
First Reading:
05/26/2016
05/26/2016
Public Hearings
06/09/2016
Resolution No.
Final Action:
05/26/2016 - First Public
Hearing
06/09/2016 - Second and
Final Public Hearing
DEPARTMENT SUMMARY:
COST OF PROJECT: No cost assoicated with this item.
Ordinance No. 2016- 39, 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.
N/A
N/A
Item # V.7
05/26/2016 - First Public Hearing
06/09/2016 - Second and Final Public Hearing
ATTACHMENTS:
Description
Cover memo
Ordinance
Item # V.7
Attorneys and Counselors at Law
Post Office Box 87
332 North Magnolia Avenue
Orlando, Florida 32802-0087
(407) 422-2454
Telefax (407) 992-3541
Writer’s e-Mail: [email protected]
MEMORANDUM
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 231, 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
Item # V.7
 DE BEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL, LLP 
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
ORDINANCE NUMBER 2016- 39
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. 2-31. - 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
A
B
C
D
E
F
G
H
I
J
K
L
M
N
Minimum
0
10,000
15,000
20,000
25,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
110,000
Maximum
9,999
14,999
19,999
24,999
29,999
39,999
& over 49,999
59,999
69,999
79,999
89,999
99,999
109,999
& over
Base Salary
$ 5,000.00
6,282.00
7,200.00
8,600.00
10,200.00
12,000.00
14,000.00
16,100.00
$18,515.00
$21,292.00
$24,485.00
$28,157.00
$32,380.00
$37,237.00
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
(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. § 186.901.
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, 2016.
______________________________
ATTEST:
______________________________
DeBeaubien, Knight, Simmons, Mantzaris & Neal, LLP
______________________________
2
Item # V.7
Item #
AGENDA
First Reading:
Consent Agenda
Ordinance No.
Resolution No.
Final Action:
5/26/2016
Warrant List #33
DEPARTMENT SUMMARY:
COST OF PROJECT:
Warrant List #33
04/29/2016 - 05/13/2016
1,566,972.51
Include in agenda as presented.
5/26/2016
Item # VI.A
ATTACHMENTS:
Description
Warrant List #33
Item # VI.A
PREPARED 05/16/2016,
8:46:19
WARRANT LIST
PAGE
1
PROGRAM: GM350LW
CITY OF ST CLOUD
FROM 04/29/2016 TO 05/13/2016
-----------------------------------------------------------------------------------------------------------------------CHECK
DATE
VENDOR NAME
CHECK
CHECK
NUMBER
AMOUNT
-----------------------------------------------------------------------------------------------------------------------05/05/2016
BEN SHAFFER RECREATION, INC.
274039
BIKE RACK FOR BALLFIELD
500.30
05/05/2016
BRANDON SNOW
274040
DIGITAL PHOTOGRAPHY FOR
177.00
05/05/2016
CAPITOL INSIGHT LLC
274041
MAY2016 LOBBYIST SERVICES
2,000.00
05/05/2016
CBRE INC.
274042
MARKET STUDY - PHASE I
5,462.46
05/05/2016
CENTRAL FLORIDA GAS
274043
NATURAL GAS TO HEAT POOL
05/05/2016
CHARLENE F. KUHN
274044
FLORIDA FAIR HOUSING
05/05/2016
CITY OF KISSIMMEE
274045
MAR 16 TRAFFIC OPERATIONS
05/05/2016
CRAIG BRONSON
274046
REIMBURSEMENT - PARAMEDIC
143.35
05/05/2016
DON SCHMIDT CONTRACTING & ROOF
274047
REPAIR ROOF
850.00
05/05/2016
GARDEN STATE FIREWORKS, INC.
274048
50% DEPOSIT JULY 4TH FIRE
05/05/2016
INDIANA CHILD SUPPORT
274049
PAYROLL SUMMARY
226.00
05/05/2016
JASON R. BARRETT
274050
DIGITAL PHOTOGRAPHY FOR
177.00
05/05/2016
JEFFREY M. MUNOZ
274051
2 SCIRS BADGES MUNOZ,JEFF
148.00
05/05/2016
JOSEPH A. HELFENBERGER
274052
MISCELLANEOUS TRAVEL EXPE
12.00
05/05/2016
LINCOLN NATIONAL LIFE INS. COM
274053
MAY.2016 LONG TERM DISABI
11,508.54
05/05/2016
MATTHEW W. LANGLEY
274054
DIGITAL PHOTOGRAPHY (101)
154.00
05/05/2016
MORTON SALT, INC.
274055
BULK SOLAR INDUSTRIAL CRU
2,993.70
05/05/2016
NJ FAMILY SUPPORT PAYMENT CTR
274056
PAYROLL SUMMARY
05/05/2016
NOTARY PUBLIC UNDERWRITERS
274057
SHIPPING FOR NOTARY SEAL
05/05/2016
OSCEOLA COUNTY PARKS & REC
274058
RF05
05/05/2016
PERFORMANT RECOVERY, INC.
274059
PAYROLL SUMMARY
05/05/2016
ACCOUNTEMPS
274060
TEMPORARY-CARRIE SMILEY
05/05/2016
RURAL BUSINESS DEVELOPMENT ADV
274061
ECONOMIC DEVELOPMENT
05/05/2016
RYAN OUTLAW
274062
REFUND DEPOSIT BOAT SLIP
300.00
05/05/2016
RYAN S. GALLIK
274063
FDIC INTERNATIONAL 2016
56.55
05/05/2016
SARAH COSTELLO IRISH STEP DANC
274064
80% OF $335.00 COLLECTED
268.00
05/05/2016
ST. CLOUD YOGA LLC
274065
592.00
05/05/2016
STATE OF ARKANSAS
274066
PAYROLL SUMMARY
238.00
05/05/2016
STEPHANIE HOLTKAMP
274067
2016 AGENCY SUMMIT (102)
05/05/2016
JR. STEPHEN W. BURROWS
274068
FIELD FORCE OPERATIONS
299.00
05/05/2016
YOUR EVENTS BY L&L LLC
274069
112.00
05/05/2016
ZULEYKA ROSARIO
274070
CORE TRAINING (101)
125.50
05/12/2016
BANK OF AMERICA
274073
REFUND OVERDRAFT FEE ERRO
05/12/2016
CANARX GROUP, INC.
274074
APR 2016 FOR ADVANTAGE
05/12/2016
CARESPOT EXPRESS HEALTH CARE
274075
DOT CERTIFICATION
05/12/2016
CATHERINE NAVARRO
274076
REFUND DEPOSIT ON BANQUET
300.00
05/12/2016
CENTURYLINK-EMBARQ FLORIDA, IN
274077
LOCAL PHONE SVC
475.57
05/12/2016
CERTIPHI SCREENING, INC.
274078
BACKGROUND CHECKS SUMMER
131.50
05/12/2016
CHARLENE F. KUHN
274079
Community Land Trust
05/12/2016
CITY OF ST. CLOUD
274083
AUS CITY BILLS
05/12/2016
DEP STORAGE TANK REGISTRATION
274084
LICENSE FEE DANIEL MERCAT
75.00
05/12/2016
FLORIDA HOSPITAL CENTRA CARE
274085
CDL QRTLY RANDOM DRUG TES
36.00
05/12/2016
GARY QUINN
274086
RF05
05/12/2016
GOLD'S GYM
274087
JUNE.2015 GYM MEMBERSHIP
05/12/2016
GREGORY GIBBS
274088
REIMBURSEMENT SAFETY BOOT
125.00
05/12/2016
KANGAROO COURIERS
274089
APR 16 POLICE COURIER SVC
270.00
05/12/2016
KIRK S. WARREN
274090
COPIES, POSTAGE & AD
05/12/2016
MAINE STATE WEEKEND
274091
Leadership II for Fire &
05/12/2016
MATTHEW I. ELLIS
274092
REIMBURSEMENT SAFETY BOOT
05/12/2016
MICHAEL J. PALMER
274093
Leadership II for Fire &
05/12/2016
MORTON SALT, INC.
274094
BULK SOLAR INDUSTRIAL CRU
BALL FIELD
191.42
26.35
2,164.55
10,637.50
348.00
129.00
1,540.59
250.14
1,300.50
25,000.00
55.08
73.59
456.60
1,565.00
6.26
34,809.33
575.72
3,364.27
248.48
Item #90.00
VI.A
125.00
69.00
2,994.30
05/12/2016
ORANGE COUNTY UTILITIES
274096
PERMIT COMPLIANCE COORDIN
37,889.35
05/12/2016
ORLANDO UTILITIES COMMISSION
274097
INSTALL 10 POLES WITH LED
45,953.65
05/12/2016
OSCEOLA COUNTY-TAX COLLECTOR
274098
RECORD RECEIVABLE FROM ST
19,218.17
05/12/2016
PREFERRED GOVERNMENTAL INS TR
274099
WC PREMIUM FY15/16 AGREEM
82,587.88
05/12/2016
PREFERRED GOVERNMENTAL INS TR
274100
R.LOPEZ (POLICE VEHICLE
05/12/2016
ACCOUNTEMPS
274101
TEMPORARY HELP WEEK
737.38
05/12/2016
SAFEGUARD PROPERTIES
274102
REFUND DUPLICATE PYMT ON
213.08
05/12/2016
SHEPARD, SMITH & CASSADY, P.A.
274103
PROFESIONAL SERVICE (SPEC
605.10
05/12/2016
SHOWCASE MOBILE HOME SALES
274104
RF05
05/12/2016
SHRED-IT USA
274105
SERVICE DATE 04/26/16
05/12/2016
SUNGARD AVAILABILITY SERVICES
274106
DISASTER RECOVERY SERVICE
05/12/2016
THOMAS BELIEFF
274107
REIMBURSMENT FOR SERVICE
05/12/2016
UNIFIRST CORPORATION
274108
FENDER COVERS/MATS/RAGS
05/12/2016
VERIZON WIRELESS SERVICES, LLC
274109
IPHONE 16GB SPACE &
6,999.38
05/12/2016
VICTIM SERVICE CENTER OF CEN.F
274110
PROPORTIONATE SHARE
7,500.00
05/12/2016
WILLIAM J. ESER IV
274111
REIMBURSEMENT FOR COURSE
50.00
05/12/2016
WW DANIELS COMPANY
274112
TWA RECLAIM INTERCONNECT
100,601.09
05/06/2016
FLSDU
7005416
PAYROLL SUMMARY
2,826.83
05/06/2016
INTERNAL REVENUE SERVICE
7005417
PAYROLL SUMMARY
196,607.60
05/09/2016
FLORIDA UNEMPLOYMENT COMP.FUND
7005418
UNEMPLOYEMENT COMPENSATIO
05/13/2016
A-LINE FIRE & SAFETY, INC.
9054488
Annual Fire extinguishers
812.85
05/13/2016
AAA CHEMICAL TOILET RENTAL, IN
9054489
Ball Field toilet and sin
370.00
05/13/2016
ADAMS TANK & LIFT, INC.
9054490
REPLACE DIESEL HOSE WITH
370.96
05/13/2016
APPLIED AQUATIC MANAGEMENT, IN
9054491
MAR16 AQUATIC PLANT MGT
507.95
05/13/2016
AXAS ENGINEERING PRODUCTS
9054492
6605 SQ FT SUPPLY PLANS
05/13/2016
CALIBRATE USA, LLC.
9054493
Backflow tester recalibra
05/13/2016
CALL ONE, INC.
9054494
Wireless headset
192.00
05/13/2016
CARROT TOP INDUSTRIES
9054495
NYLON US FLAG & FL FLAG
254.90
05/13/2016
CHEMTEK, INC.
9054496
Concrete form release spr
942.11
05/13/2016
CHIEF SUPPLY CORPORATION
9054497
Shipping and Handling
723.99
05/13/2016
COINS FOR ANYTHING,INC.
9054498
Shipping
525.00
05/13/2016
COMMERCIAL ENERGY SPECIALISTS,
9054499
Peg Horn * Lake front spl
499.47
05/13/2016
COMPASS PEST CONTROL
9054500
April pest control
05/13/2016
CREATIVE PRINTING SERVICES, IN
9054501
Golf Cart Permit Sticker
05/13/2016
CYPRESS SUPPLY, INC.
9054502
LEMON DISINFEC/CLEANER
2,857.42
05/13/2016
DATA FLOW SYSTEMS, INC.
9054503
TCU REPAIR LS1309
1,670.00
05/13/2016
DGG TACTICAL SUPPLY INC.
9054504
Official Uniforms
1,296.86
05/13/2016
DIXIE CLEANERS
9054505
Dixie Cleaners Invoice #2
1,354.19
05/13/2016
DUMONT COMPANY, THE
9054506
HYDROFLUOSILICIC ACID
7,917.00
05/13/2016
DUNBAR ARMORED, INC.
9054507
ARMORED CAR CREDIT MAR
05/13/2016
CARAS, LLC
9054508
EMPLOYEE SERVICE AWARD
307.38
05/13/2016
ENVIRONMENTAL PRODUCTS OF FL.C
9054509
HD CASTE WHEEL - BLEU
936.00
05/13/2016
FERGUSON ENTERPRISES, INC.
9054510
Valve ID tags to replace
9,347.36
05/13/2016
FERGUSON ENTERPRISES, INC.
9054511
RUBBER FERNCO 4",SEWER PI
22,043.13
05/13/2016
FIVE STAR TRACTOR
9054512
MS201T chainsaw Repair
05/13/2016
FLORIDA MOBILE SPEEDOMETER, LL
9054513
SPEEDODOMETER CHECK ON PD
2,862.50
05/13/2016
FLORIDA MUNICIPAL ELECTRIC ASS
9054514
FMEA MEMEBER DUES
3,500.00
05/13/2016
FLORIDA WIRE & RIGGING SUPPLY
9054515
LEATHER SAFETY GLOVES
05/13/2016
FLOWERS CHEMICAL LABORATORIES,
9054516
CBOD,CBOD TSS,FCOL,SS,
05/13/2016
FOREST HILLS LANDSCAPING & IRR
9054517
Peanut Grass Downtown Squ
05/13/2016
FORT BEND SERVICES, INC.
9054518
POLYMER TOTES FOR SLUDGE
9054519
Plants for Arbor Day
9054520
PACKAGE L/S MARK PARK
05/13/2016
GREEN ISLE GARDENS, INC.
7,204.40
68.77
713.55
3,300.00
6.25
177.42
2,939.01
23.44
250.28
1,345.00
125.00
310.80
656.12
662.04
3,419.00
350.00
11,960.00
396.50
05/13/2016
HYDRA SERVICE (S), INC.
19,788.32
05/13/2016
HYDRAFLO, INC.
9054521
O rings to repair fire hy
621.59
05/13/2016
HYDRAULIC HOUSE, INC.
9054522
Vehicle #8-107 (RO 38836-
2,383.67
05/13/2016
JOE'S AUTO SERVICE CENTER, INC
9054523
SMALL ENGINE FUEL / #33
05/13/2016
K & M CUSTOM CREATIONS
9054524
Official uniform shirts "
386.74
05/13/2016
LUV-A-LAWN PEST MANAGEMENT, IN
9054525
Fertilizer treatments to
860.00
05/13/2016
LYNCH OIL COMPANY, INC.
9054526
DYED DIESEL FUEL
Item #20.85
VI.A
2,555.60
05/13/2016
MUNICIPAL EQUIPMENT COMPANY, L
9054528
COMMANDER GLOVES & CARBON
05/13/2016
OMNI WASTE OF OSCEOLA COUNTY L
9054529
SOLIDIFICATION
10,088.00
05/13/2016
ONLINE INFORMATION SERVICES, I
9054530
ONLINE UTILITY EXCHANGE
05/13/2016
ORANGE CYCLE WORKS, INC.
9054531
2 pairs of bicycle grips
16.98
05/13/2016
PLEXUS MARKETING, INC.
9054532
Official Uniform polo (Cr
55.98
05/13/2016
REP SERVICES, INC.
9054533
RUBBER MULCH
05/13/2016
ROYAL BATTERY DISTRIBUTORS, IN
9054534
Vehicle #8-78 (RO 38675-1
128.57
05/13/2016
S & K SOD COMPANY, INC.
9054535
Floratam sod for Indiana
280.00
05/13/2016
SHELL
9054536
Fuel in Georgia N Zilke
05/13/2016
SOUTHERN JANITOR SUPPLY, INC.
9054537
Gym Wipes
05/13/2016
SOUTHERN SEWER EQUIPMENT SALES
9054538
Vehicle #8-81 (RO 38063-1
05/13/2016
SOUTHERN TRUCK EQUIPMENT SERVI
9054539
BREAKS SHOE KIT
1,156.92
05/13/2016
SPIES POOL, LLC
9054540
BULK BLEACH
1,407.20
05/13/2016
ST. CLOUD IN THE NEWS, LLC
9054541
Creative movement Ad, pre
525.00
05/13/2016
HOLIDAY CHEVROLET, LLC
9054542
Vehicle #20-4 (RO 38688-2
517.52
05/13/2016
USA BLUE BOOK
9054543
Freight
919.11
05/13/2016
XEROX CORP.
9054544
BASE CHARGE MARCH 2016
414.46
05/13/2016
SOUTHERN HYDRAULICS, LLC
9054545
Vehicle #8-107 (RO 38836-
209.92
05/13/2016
A.M. LEONARD, INC.
9054546
24 inch wide aluminum law
697.67
05/13/2016
ABLE AUTO GLASS SUPER GLASS MA
9054547
Vehicle #5-48 (RO 38789-3
165.00
05/13/2016
ABM BUILDING SERVICES, LLC.
9054548
Liebert qtrly maintenance
967.50
05/13/2016
ACADEMY SPORTS & OUTDOORS
9054549
Steel toe shoes for Rick
351.93
05/13/2016
ACFE
9054550
Regis J Munoz T16350
925.00
05/13/2016
ACFS SAFETY DAY
9054551
ACFS Safety Day 2016 Regi
200.00
05/13/2016
ACFS SAFETY DAY
9054552
ACFS Registration T16445
40.00
05/13/2016
ADT SECURITY SERVICES
9054553
monthly concession stand
53.72
05/13/2016
ADVANCE AUTO PARTS
9054554
cleaning supplies Supreme
05/13/2016
ADVERTISING MANIA
9054555
Shirts E Holloway
05/13/2016
AIR CENTERS OF FLORIDA INC.
9054556
repair fan switch on air
05/13/2016
AIRGAS USA LLC
9054557
Oxygen
05/13/2016
AL'S ARMY STORE, INC.
9054558
Equipment required for Fi
34.18
05/13/2016
ALLIANCE FOR CEN FL SAFETY COR
9054559
registration fee for Alli
30.00
05/13/2016
ALPHA SPECIALTIES & AWARDS
9054560
Bronze plate/ EOY
05/13/2016
ALRO METALS SERVICE CENTER COR
9054561
Vehicle #5-73 (RO 38861-1
05/13/2016
ALRO METALS SERVICE CENTER COR
9054562
RESHEET TRAILER SIDES
1,613.54
05/13/2016
ALTEC INDUSTRIES
9054563
REPAIR PRESSURE SWITCH
3,246.85
05/13/2016
AMAZON.COM
9054576
REFUND for Tax Charged on
6,612.96
05/13/2016
AMERICAN PLANNING ASSOCIATION
9054577
PLANNING * ZONING MANAGER
195.00
05/13/2016
AMERICAN PLANNING ASSOCIATION
9054578
PLANNING * ZONING MANAGER
210.00
05/13/2016
THE STAYWELL COMPANY
9054579
WSI class - Onsite D Love
394.92
05/13/2016
APPLE, INC.
9054580
iTunes app files connect
35.98
05/13/2016
AQUA-AEROBIC SYSTEMS, INC.
9054581
MICRON POLYESTER FILTERS
39,037.81
05/13/2016
ARCHIVESOCIAL, INC.
9054582
Archive RMA Bundle
05/13/2016
ARROW INTERNATIONAL
9054583
Freight
05/13/2016
ASSOCIATION OF CERTIFIED FRAUD
9054584
Remainder of yearly membe
17.50
05/13/2016
AZ COMMERCIAL
9054585
Auto detailing /wax, wind
32.86
05/13/2016
AVIS
9054586
Rental N Zilke T16302 EFD
32.28
05/13/2016
AVIS BUDGET GROUP
9054587
AVIS Rental CIU (CREDIT f
3,393.10
05/13/2016
AWK INDUSTRIES, INC.
9054588
Electrical repairs - comp
750.00
05/13/2016
B & C MOWER
9054589
replace broken air filter
438.78
05/13/2016
B&H POLICE SUPPLY, LLC.
9054590
Weapon mounted lights, ri
749.90
05/13/2016
BAKER DISTRIBUTING COMPANY LLC
9054591
FREON R-410
223.50
05/13/2016
BARGAIN BALLOONS
9054592
Balloons
05/13/2016
BEEF 'O' BRADYS
9054593
council retreat Food
05/13/2016
BJ'S WHOLESALE CLUB
9054594
BBQ for Communications ap
05/13/2016
BLAZIN BRUSH CORP.
9054595
Eggstravaganza event - f
05/13/2016
BRIGHT HOUSE NETWORKS LLC
9054596
HOPKINS PARK CABLE CORREC
05/13/2016
CAR WASH EXPRESS, LLC.
9054597
Interior/exterior of city
05/13/2016
CARL ERIC JOHNSON INC.
9054598
NS FLUORIDE DAY TANK
243,871.62
804.60
2,966.26
8.69
3,534.48
513.48
54.96
148.50
1,531.82
124.35
8.00
851.61
398.00
1,122.29
39.35
383.47
1,589.05
Item 300.00
# VI.A
129.23
74.00
1,387.00
05/13/2016
CENTRAL FLORIDA CONTROLS,LLC
9054600
Annual Flow Meter Certifi
825.00
05/13/2016
CENTURYLINK-EMBARQ FLORIDA, IN
9054601
Monthly maintenance on Av
4,554.74
05/13/2016
CERLIC ENVIRONMENTAL CONTROLS
9054602
Freight
05/13/2016
CERTIFIED OCCUPATIONAL SAFETY
9054603
Regis M Cortez T16339
05/13/2016
CHANNING BETE CO., INC.
9054604
BLS, ACLS manuals, Instru
05/13/2016
CHAPCO FENCE, LLC
9054605
New Swing Gate Install ne
05/13/2016
CHAPCO FENCE, LLC
9054606
BORROW PIT FENCE & GATE
2,875.00
05/13/2016
CHAPCO FENCE, LLC
9054607
INSTALL FENCE & GATE SOCC
1,902.50
05/13/2016
CHEVRON
9054608
Diesel fuel for Humvee Pi
29.24
05/13/2016
CHICK-FIL-A AT ST. CLOUD
9054609
CIU SART Meeting 2016( fo
187.00
05/13/2016
CHIMENTO'S SPAGHETTI HOUSE
9054610
Lunch meeting w IT Direct
107.17
05/13/2016
CISCO SYSTEMS, INC.
9054611
Cisco VIRL annual subscri
199.99
05/13/2016
CITGO
9054612
Gas during Recon class.
05/13/2016
CLEVERBRIDGE, INC.
9054613
Paintshop Pro Photo Edito
319.34
05/13/2016
COCOA ARMY & NAVY, INC.
9054614
Melendez, Nater, supplies
329.90
05/13/2016
COMMERCIAL ENERGY SPECIALIST
9054615
Regis S Yates 16312 Pool
255.00
05/13/2016
CSUS FOUNDATION, INC.
9054616
Shipping and handling
359.00
05/13/2016
CUES
9054617
Transporter repair
05/13/2016
DELTA AIR LINES
9054618
Baggage fee / Gallik T161
05/13/2016
DIGITAL ALLY, INC.
9054619
FIRSTVU CHEST CAMERAS
05/13/2016
DIGITAL RIVER, INC.
9054620
Pinnacle Studio 19 softwa
112.25
05/13/2016
DIRECTV
9054621
Tv Service / #33 04/15/16
192.96
05/13/2016
DOLLAR TREE
9054622
Centerpieces for Spaghett
95.00
05/13/2016
DORMA USA, INC.
9054623
Freight
05/13/2016
DUNKIN DONUTS
9054624
meeting
05/13/2016
E-PASS SERVICE CENTER
9054625
Tolls
05/13/2016
EBIX,INC.
9054626
APR16 INSURANCE MGMT FEE
05/13/2016
ELIFEGUARD, INC.
9054627
839.09
05/13/2016
EMBLEM ENTERPRISES, INC.
9054628
(50) FD, (25) EMT, (25) P
274.05
05/13/2016
EMBROIDERY PLUS PROMOTIONAL IN
9054630
City shirts K Peck
05/13/2016
EMERGENCY MEDICAL PRODUCTS, IN
9054631
Rescue equipment CPR mask
05/13/2016
EVENBRITE
9054632
regis D Chappell T16444 J
20.00
05/13/2016
EVENT DECOR DIRECT
9054633
Drape panels Showcase sup
748.53
05/13/2016
EVENTBRITE, INC.
9054634
regis D Chappell T16444 J
20.00
05/13/2016
EVERS WOOD PRODUCTS, INC.
9054635
mulch for memorial day -
810.00
05/13/2016
EXOTIC EMBROIDERY OF CENTRAL F
9054636
NTW shirts
05/13/2016
FACC 2015 FALL ACADEMY
9054637
FACC Conference L Jaworsk
300.00
05/13/2016
FAIRFIELD INN & SUITES MARRIOT
9054638
Lodging for Scott Yates -
134.10
05/13/2016
FASTENAL COMPANY
9054639
Vehicle#5-73 (RO 38861-1)
76.29
05/13/2016
FBI NATIONAL ACADEMY ASSOCIATI
9054640
Membership for Chief
90.00
05/13/2016
FEDEX EXPRESS
9054641
SHIPPING CHARGES ON 03/22
90.68
05/13/2016
FGFOA 2016 ANN CONF
9054642
FGFOA conf L Messina Regi
500.00
05/13/2016
FIELDS EQUIPMENT CO, INC.
9054643
Freight
05/13/2016
FINANCE OFFICERS ASSOCIATION
9054644
ANNUAL CONFERENCE REGISTR
05/13/2016
FIRE FACILITIES, INC.
9054645
FOUNDATION DESIGN FOR
05/13/2016
FIREHOUSE SUBS
9054646
Refund from Firehouse Sub
119.97
05/13/2016
FIRST RESPONSE TRAINING GROUP,
9054647
Pediatric Adv. Life Suppo
2,662.50
05/13/2016
FLORIDA ARMATURE WORKS
9054648
STEAMCLEAN/DISINFECT PUMP
3,126.65
05/13/2016
FLORIDA DEPT. OF LAW ENFORCEME
9054652
CRIMINAL BACKGROUND CHECK
1,092.00
05/13/2016
FLORIDA GOVERNMENT FINANCE
9054653
Membership for Fin. Com.
05/13/2016
FLORIDA HOSPITAL CENTRA CARE
9054654
APR16 ANNUAL PHYSICALS
05/13/2016
FLORIDA MVR SERVICES, INC.
9054655
REPLENISHING MVR ACCOUNT
100.00
05/13/2016
FLORIDA NOTARY ASSOCIATION, IN
9054656
Notary application for L.
119.00
05/13/2016
FLORIDA POLICE CHIEFS EDUCATIO
9054657
Core training Regis Z Ros
250.00
05/13/2016
FLORIDA RECORDS MANAGEMENT ASS
9054658
FRMA Registration N Zilke
210.00
05/13/2016
FLORIDA SAFETY COUNCIL
9054659
regis for A Levy T16428 F
05/13/2016
FLORIDA SWAT ASSOCIATION
9054660
FSA membership registrati
50.00
05/13/2016
FLORIDA SWAT ASSOCIATION
9054661
Sniper school registratio
800.00
05/13/2016
FLORIDA WATER & POLLUTION CONT
9054662
FWPCOA membership dues fo
30.00
546.44
1,699.00
330.43
800.00
31.66
2,174.76
602.80
24,920.00
468.58
47.06
405.00
1,666.66
2,052.51
187.50
1,509.00
32.42
250.00
6,500.00
35.00
6,555.04
Item
# VI.A
1,699.00
05/13/2016
GATOR POOL & SPAS, INC.
9054664
Chlorine Lakefront Pressu
4.95
05/13/2016
GAYLORD PALMS HOTEL
9054665
Parking at FWRC C Fasnanc
44.94
05/13/2016
GAYLORD PALMS RESORT & CONV CE
9054666
FWRC Parking fee A levy
05/13/2016
GEOGRAPHIC TECHNOLOGIES GROUP,
9054667
FMS TRAINING EXPENSES
05/13/2016
GLOBAL EQUIPMENT COMPANY
9054668
TYVEK COVERALLS
732.10
05/13/2016
GOVERNMENT FINANCE OFFICERS AS
9054669
Ed Renew GFOA Membership
150.00
05/13/2016
GOVERNOR'S HURRICANE CONFERENC
9054670
Regis M Cortez T16314
280.00
05/13/2016
HACH COMPANY
9054671
Freight Charges
05/13/2016
HAMPTON INN
9054672
Hotel A Mondello T16380
05/13/2016
HAMPTON INN & SUITES
9054673
Hotel M Evans T16323 Pier
05/13/2016
HANDYMAN HARDWARE
9054682
Fender Wash
3,431.23
05/13/2016
HD SUPPLY WATERWORKS LTD.
9054683
PIPE LOCATOR WITH SONDE
4,903.80
05/13/2016
HELENA CHEMICAL COMPANY
9054684
CELSIUS & TRIBUTE HERBICI
2,976.18
05/13/2016
HERSHEY FLORIST, INC.
9054685
Carnations for the 2016 m
05/13/2016
HF SCIENTIFIC, INC.
9054686
Shipping Charge
519.30
05/13/2016
HILL MANUFACTURING COMPANY, IN
9054687
Freight Charges
1,551.29
05/13/2016
HOBBY LOBBY STORES, INC.
9054688
TAX REFUND FROM HOBBY LOB
342.75
05/13/2016
HOME DEPOT
9054695
Picnic table kit, water c
5,441.30
05/13/2016
HUDSON PUMP AND EQUIPMENT
9054696
repair parts for air pump
116.80
05/13/2016
HUFF'S QUALITY AIR CONDITIONIN
9054697
Repairs to controlling un
180.00
05/13/2016
IAUG ANNUAL CONF
9054698
Pre-conference workshop r
1,595.00
05/13/2016
ICISF
9054699
CISM / Melendez T16392
1,660.00
05/13/2016
ICMA MEMBERSHIP RENEWAL
9054700
Rnwl ICMA Membership V Mi
05/13/2016
ID WHOLESALER
9054701
Shipping
05/13/2016
INDUSTRIAL SCIENTIFIC CORPORAT
9054702
MAR16 INET GAS MONITORING
1,078.99
05/13/2016
INSIGHT PUBLIC SECTOR, INC.
9054703
Freight Charge
1,392.35
05/13/2016
INT'L ASSOC FOR INDENTIFICATIO
9054704
Renewal for Jessica's IAI
05/13/2016
INT'L ASSOC FOR PROPERTY & EVI
9054705
Membership dues for Chris
50.00
05/13/2016
INTERNATIONAL ACADEMIES OF
9054706
Nadine Zilke ETC- Recerti
90.00
05/13/2016
INTERNATIONAL SOCIETY OF
9054707
arborist certification re
205.00
05/13/2016
IPMA PUBLICATIONS
9054708
Testing Materials
695.00
05/13/2016
JEFFERSON CREATIVE MEARS LEASI
9054709
SCIRS-SS Vehicle Lease
700.00
05/13/2016
JENSEN TOOLS & SUPPLY INC.
9054710
Tax Credit for items purc
197.47
05/13/2016
JET BLUE
9054711
Flight P Gauntlettt T1640
302.20
05/13/2016
JOSAM PRODUCTS, INC.
9054712
Vehicle #24-54 (RO 38855-
1,505.17
05/13/2016
K&K SYSTEMS, INC.
9054713
05/13/2016
KISSIMMEE/OSCEOLA COUNTY
9054714
City Manager ticket for 2
05/13/2016
KONICA MINOLTA BUSINESS SOLUTI
9054717
03/01/16-03/31/16 COPIER
05/13/2016
LAKE TECHNICAL CENTER, INC.
9054718
ENGINEER PRACTICAL 03/11/
100.00
05/13/2016
LARAMIE CHEMICAL & OIL CO. INC
9054719
HI-TEMP GREASE 120 LB KEG
588.00
05/13/2016
LEXISNEXIS RISK SOLUTIONS FL,
9054720
People search Feb - March
05/13/2016
LIFEGUARD STORE, INC.
9054721
Instructor suit male x14
05/13/2016
LIMITED LAWN & ORNAMENTAL
9054722
Lawn * pesticide training
05/13/2016
LOUIS PRYOR SUPPLY
9054723
Freight
05/13/2016
LYNN PEAVEY CO.
9054724
Freight
757.30
05/13/2016
MANAGE MOBILITY
9054725
386.91
05/13/2016
MAPLE STREET NATIVES, INC.
9054726
Main street containers -
05/13/2016
MARRIOT1501 INTERNATIONAL PARK
9054727
Hotel FRPA Agency Summit
05/13/2016
MASCHMEYER CONCRETE CO. OF FLO
9054729
57 stone for Police Dept.
5,244.25
05/13/2016
MAUDLIN INTERNATIONAL TRUCKS,
9054731
EZ-Brite cleaner for truc
19,294.28
05/13/2016
MICHAELS STORES, INC.
9054732
Little Ladies Tea Party d
311.46
05/13/2016
MICROSOFT CORPORATION
9054733
Surface
05/13/2016
MINVERVA BUNKER GEAR CLEANERS
9054734
BUNKER GEAR CLEANING &
3,860.75
05/13/2016
MULLINAX FORD OF OSCEOLA COUNT
9054736
Vehicle #8-52 (RO 38877-1
5,240.61
05/13/2016
MY OFFICE PRODUCTS
9054738
Permanent Markers
05/13/2016
NAPA AUTO PARTS
9054749
Cable Tie and Fuse
05/13/2016
NAPLES GRANDE BEACH RESORT
9054750
Hotel Dep S Roldan T16468
05/13/2016
NAPLETON ENTERPRISES, LLC.
9054751
LABOR & DIAGNOSE
05/13/2016
NATIONAL DIAMOND
9054752
Freight
7.49
1,414.56
816.58
1,157.00
510.15
51.00
765.35
95.33
35.00
196.40
35.00
5,835.73
81.25
1,070.94
20.00
1,244.70
1,037.00
109.00
999.01
1,304.06
Item
# VI.A
7,675.34
174.90
1,041.55
815.76
05/13/2016
NATIONAL TIRE AND AUTO ST CLOU
9054754
Vehicle #4-52 (RO 38725-2
14,085.61
05/13/2016
NAVIGATOR OF CENTRAL FLORIDA
9054755
1/4 page ad to promote Ma
299.00
05/13/2016
NEOPOST, INC.
9054756
Freight
166.51
05/13/2016
NEW HORIZONS
9054757
Crystal Reports 2013 Part
1,998.00
05/13/2016
NEXTEL COMMUNICATIONS
9054760
CELL PHONE SVC 3/10/16-04
5,214.27
05/13/2016
NEXTRAN TRUCK CENTER
9054762
Vehicle #24-54 (RO 38855-
6,091.56
05/13/2016
NORTH-SOUTH SUPPLY, INC.
9054763
repairs to air lift at wt
403.86
05/13/2016
NORTHERN TOOL & EQUIPMENT CO.,
9054764
This is a credit for orde
2,199.43
05/13/2016
NOZZLE MASTER
9054765
BORGWARNER 6.4 & HARDWARE
1,490.00
05/13/2016
O'REILLY AUTO PARTS
9054766
box trailer repair suppli
13.48
05/13/2016
OFFICE DEPOT
9054771
Hanging Folders, Copy Pap
3,359.14
05/13/2016
OHANA TERMITE & PEST CONTROL,
9054772
PEST CONTROL SERVICE
05/13/2016
ORLANDO HARLEY-DAVIDSON
9054773
battery tenders for motor
05/13/2016
ORLANDO SENTINEL, THE
9054774
Classified Listings
05/13/2016
ORLANDO UTILITIES COMMISSION
9054775
Authorized payment by Chr
235.33
05/13/2016
OSCEOLA COUNTY-TAX COLLECTOR
9054776
Replacement Tag Unit#8-99
180.71
05/13/2016
OSCEOLA FARM & RANCH SUPPLY-E.
9054777
hay bales to cover seed o
24.00
05/13/2016
OSCEOLA FENCE SUPPLY
9054778
Repair of broken fence in
38.00
05/13/2016
OSCEOLA GLASS AND MIRROR, LLC.
9054779
Supply for restroom signs
84.00
05/13/2016
OSCEOLA SHOPPER NEWS GAZETTE
9054782
Legal Ad # 15452
05/13/2016
PAGE, WOLFBERG & WIRTH LLC
9054783
Ambulance compliance prog
05/13/2016
PARTY CITY OF ORLANDO
9054784
TAX REFUND FROM PARTY CIT
215.10
05/13/2016
PATTERSON'S OFFICE SUPPLY, INC
9054785
DEPOSIT STAMP FOR E. BURN
166.90
05/13/2016
PET SUPERMARKET, INC.
9054786
Dog Food for K9
05/13/2016
PETERSEN INDUSTRIES, INC.
9054787
REPAIR HOSE, WASHER FELT
05/13/2016
PINCH-A-PENNY POOLS
9054788
Employee appreciation gif
359.91
05/13/2016
PIZZA HUT OF AMERICA, INC.
9054789
council workshop food
122.55
05/13/2016
PORTER-WALKER, LLC
9054790
MAXIFOAM,HAND CLEANER
402.24
05/13/2016
PPG ARCHITECTURAL FINISHES, IN
9054791
Primer * Thinner for Weld
796.72
05/13/2016
PREFERRED MATERIALS, INC.
9054792
S III RAP (10.05 TONS)
05/13/2016
PREFERRED MATERIALS, INC.
9054793
CRA ALLEY PAVING
05/13/2016
PRIDE ENTERPRISES
9054794
EMS envelopes
05/13/2016
CENTRAL FLORIDA PRIMA
9054795
Central Florida PRIMA ann
05/13/2016
PRODUCTION RESOURCE GROUP, LLC
9054796
Equip. rental for Council
05/13/2016
PUBLIX SUPER MARKETS, INC.
9054797
council retreat Food
05/13/2016
R.S. HUGHES CO. INC
9054798
MICROFLEX DIAMOND GRIP
4,270.42
05/13/2016
RAXCO SOFTWARE, INC.
9054799
PERFECT DISK 1YR MAINTENA
3,000.00
05/13/2016
RECREONICS, INC.
9054800
Freight
05/13/2016
RED THE UNIFORM TAILOR
9054801
Wool dress pants / Tyding
05/13/2016
RENTAL WORLD OF ST. CLOUD
9054802
spacers for concrete and
05/13/2016
REXEL INC.
9054803
Electrical Repairs - Wate
450.81
05/13/2016
REXEL INC.
9054804
EMERGENCY REPAIR TO WATER
2,456.53
05/13/2016
RING POWER CORPORATION
9054805
Vehicle #4-54 (RO 38608-3
735.92
05/13/2016
ROBERTS COMPANY, INC.
9054806
111.90
05/13/2016
ROOM AT A TIME, INC.
9054807
REPAIR SHOWER WITH AD
1,823.45
05/13/2016
ROYAL ST. CLOUD GOLF LINKS
9054808
ANNUAL FD BANQUET
2,793.35
05/13/2016
RUSSELL'S R&S AUTO REPAIR AND
9054809
PD Impound Cost - Tow Bil
125.00
05/13/2016
RYAN HERCO FLOW SOLUTIONS
9054810
Freight and Handling
130.46
05/13/2016
S & S WORLDWIDE
9054811
TTT exercise class suppli
05/13/2016
SAFETY PRODUCTS, INC.
9054812
ORANGE TRAFFIC CONE
05/13/2016
SAFETY-KLEEN SYSTEMS, INC.
9054813
manual gun cleaner recycl
650.51
05/13/2016
SAM'S CLUB
9054814
BBQ for Communications ap
193.63
05/13/2016
SCHOOL-TECH, INC.
9054815
Shipping
456.30
05/13/2016
SEMINOLE STATE COLLEGE
9054816
Pump Operations /Hydrauli
05/13/2016
SHERATON GRAND PHOENIX
9054817
Hotel T Garrod T16252 NAP
05/13/2016
THE SHERWIN WILLIAMS COMPANY
9054818
paint for piping at wtp4
05/13/2016
SHERWIN-WILLIAMS
9054819
Paint
05/13/2016
SOFTWARE HOUSE INTERNATIONAL,
9054820
Publisher 2016 single lic
14,899.55
05/13/2016
SIGNAL ZERO SUPPLIES, INC
9054821
Ammunition for new UC gun
25.00
300.00
2,204.59
64.08
1,560.81
279.00
151.91
3,219.73
4,813.72
141,116.35
126.86
35.00
77.60
729.72
343.96
1,034.50
587.84
992.07
2,064.00
1,347.60
1,152.72
Item 201.72
# VI.A
107.00
05/13/2016
SITEONE LANDSCAPE SUPPLY LLC
9054823
Natural Resources - chemi
05/13/2016
MILLER ELECTRIC COMPANY
9054824
Monitoring service for th
278.86
05/13/2016
MILLER ELECTRIC COMPANY
9054825
FINNAL BILLING PROPOSAL
05/13/2016
SKILLPATH
9054826
Kenton Scott T16447 regis
05/13/2016
SKILLPATH, INC.
9054827
63.80
05/13/2016
SMART DEVICES 911 LLC
9054828
JBeltz replacement of Cra
90.00
05/13/2016
SMARTY HAD A PARTY, LLC.
9054829
Shipping
75.34
05/13/2016
SOLID WASTE ASSOC. OF NORTH AM
9054830
Annual SWANA membership r
05/13/2016
SOUTHEASTERN PUMP
9054831
IMPELLER, CUTTER BAR,
2,429.50
05/13/2016
SOUTHERN CUSTOM CREATIONS, LLC
9054832
2011 TAHOE GRAPHICS INSTA
2,250.00
05/13/2016
SOUTHWEST AIRLINES COMPANY
9054833
Airline J Munoz T16350
05/13/2016
SRT SUPPLY, INC.
9054836
Simunitions
05/13/2016
ST. CLOUD FLORIST
9054837
Funeral arrangement /Schw
214.95
05/13/2016
ST. CLOUD PRINTING
9054839
March 2016 EOM plaques
983.76
05/13/2016
ST. CLOUD STATIONERS
9054840
Diaz / Inspector business
32.99
05/13/2016
ST. CLOUD TWIN
9054841
ADMINISTRATIVE PROFESSION
252.00
05/13/2016
STAGE EQUIPMENT & LIGHTING, IN
9054842
repair dimmer rack system
450.00
05/13/2016
STAPLES, INC.
9054847
Copy paper, desk mat, pos
3,946.96
05/13/2016
SUBWAY
9054848
Hosted meeting with Osceo
49.00
05/13/2016
SUNPASS OPERATIONS
9054849
Prepaid Sun Pass tolls
50.00
05/13/2016
SUNTRUST PCARD DISPUTE
9054850
Fraudulent charges - in d
1.45
05/13/2016
SYTECH, INC.
9054851
EXTENDED SUPPORT XLREPORT
750.00
05/13/2016
TALX CORPORATION
9054852
Cameron Crandell-Employme
27.95
05/13/2016
TAMPA CRANE & BODY CO., INC.
9054853
crane stickers for lift s
304.25
05/13/2016
THE SHORES RESORT & SPA
9054854
Room for FRMA N Zilke T16
05/13/2016
THYSSEN KRUPP ELEVATOR CORPORA
9054855
ELEVATOR MAINTENANCE
05/13/2016
TIFFANY'S ON TENTH
9054856
Youth Basketball employee
40.54
05/13/2016
TOTAL TEMPERATURE INSTRUMENTAT
9054857
parts needed for Water Pl
604.50
05/13/2016
TRACTOR SUPPLY COMPANY
9054859
Required steel toe safety
1,138.10
05/13/2016
TRANE US INC.
9054860
REPLACED SSWWTP 2 FLOOR
4,130.00
05/13/2016
TRANSPORTATION CONTROL SYSTEMS
9054861
Repair Time Clock Parts f
756.00
05/13/2016
TREASURE COAST MEDICAL INSTITU
9054862
Paramedic review class /S
150.00
05/13/2016
TRINOVA INC.
9054863
969.85
05/13/2016
ULINE, INC.
9054864
709.61
05/13/2016
UNITED PARCEL SERVICE
9054865
Shipping for Sgt. Durbin
10.52
05/13/2016
UNITED RENTALS (NORTH AMERICA)
9054866
Vehicle #4-91 (RO 38620-1
88.65
05/13/2016
UNITED STATES POSTAL SERVICE
9054867
Certified Mail to FDLE fo
21.62
05/13/2016
UPS STORE, THE
9054868
Ship loaner gear back to
05/13/2016
UTILITY SERVICE COMPANY, INC.
9054869
KENTUCKY TOWER MAINTENANC
05/13/2016
VALENCIA COMMUNITY COLLEGE
9054870
Online Course Purchasing
05/13/2016
VERIZON WIRELESS
9054871
Verizon invoice for PS se
05/13/2016
VERIZON WIRELESS SERVICES, LLC
9054875
Verizon Wireless; 4/2/16
05/13/2016
W.W. GRAINGER, INC.
9054876
new motor replacement for
05/13/2016
WAL-MART COMMUNITY
9054881
Tax credit
05/13/2016
WALGREEN CO.
9054882
Council Retreat Refreshme
6.41
05/13/2016
WALT DISNEY WORLD EPCOT
9054883
Natural resources trainin
408.00
05/13/2016
WARES DIRECT INC.
9054884
GREEN BAR PAPER * INVISIB
05/13/2016
WASTE EQUIPMENT & PARTS, LLC.
9054885
SIMPLE FLOW REGULATOR
05/13/2016
WAWA, INC.
9054886
boat fuel
05/13/2016
WEST PUBLISHING CORP.
9054887
Investigative Tool (West
05/13/2016
WILLIAM TIMMINS DBA GIS SERVIC
9054888
GeoExpress software suppo
305.00
05/13/2016
WM RECYCLE AMERICA
9054889
NET BALANCE DUE RECYCLING
5,106.18
05/13/2016
WOJO'S BAIT AND TACKLE
9054890
Fishing tournament bait
496.84
05/13/2016
WORLD ELECTRIC SUPPLY
9054891
PD Truck Box.
170.00
05/13/2016
WORLD WATERPARK ASSOCIATION
9054892
Host Facility World's Lar
05/13/2016
1 800-DRY CLEAN KISSIMME/ST.CL
9054893
Dry clean table clothes
05/13/2016
4IMPRINT, INC
9054894
Freight
05/13/2016
7-ELEVEN
9054895
Motorcycle Gas during sch
787.93
2,041.99
198.00
257.00
453.96
13,045.43
183.61
5,684.28
32.95
13,741.96
149.00
207.03
10,871.57
816.80
2,079.84
596.06
3,589.31
127.00
1,175.65
59.00
Item 124.00
# VI.A
2,477.98
8.55
Item #
AGENDA
First Reading:
Consent Agenda
Ordinance No.
Resolution No.
Final Action:
5/26/2016
Minutes
DEPARTMENT SUMMARY:
COST OF PROJECT:
Minutes: March 10, 2016 / Regular Meeting, March 24, 2016 / Regular Meeting and April 14, 2016 / Regular
Meeting
N/A
N/A
5/26/2016
Item # VI.B
ATTACHMENTS:
Description
March 10, 2016
March 24, 2016
Apri 14, 2016
Item # VI.B
I.
Thursday, March 10, 2016
City Hall – Council Chambers
1300 9th Street
6:30 p.m.
Minutes
Mayor Borders called the meeting to order at 6:30 p.m.
II.
Invocation given by Pastor Nathan Blackwell from Cornerstone Baptist Church
III.
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
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.
Item # VI.B
1
3/10/2016
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
3rd and 4th, 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 9th, 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, 2016.
VII.
Public Hearings
1.
SECOND PUBLIC HEARING FOR ORDINANCE NO. 2016-01, 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. 2007-25, for approximately
175.78 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.
2016-01
Linda Jaworski, City Clerk read Ordinance No. 2016-01 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. 2016-01.
Jim McNeal, on behalf of applicant was present to answer any questions.
Council Member Holmes made a motion to adopt Ordinance No. 2016-01. Council Member Askew
seconded the motion and all members voted aye. Vote (4 – 0) Deputy Mayor Rinehart was absent.
2.
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 andItem
185 #
Share
VI.B
2
3/10/2016
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. 2016-15
Ruth Lovejoy, Compensation and Benefits Manager, reviewed the proposed ordinance.
Mayor Borders announced the second and final public hearing for Ordinance No. 2016-15 with no
response from the audience.
Council Member Askew made a motion to adopt Ordinance No. 2016-15. Council Member Shroyer
seconded the motion and all members voted aye. Vote (4 – 0) Deputy Mayor Rinehart was absent.
3.
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
Veronica Miller, Growth Management Service Administrator, reviewed the proposed ordinance.
Mayor Borders announced the first public hearing for Ordinance No. 2016-07 with no response from
the audience.
Council Member Shroyer made a motion to approve the first public hearing for Ordinance No. 201607. 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. 2016-19, 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. 2016-19
Linda Jaworski, City Clerk, read Ordinance No. 2016-19 into the record by title.
City Attorney Mantzaris reviewed the proposed ordinance.
the audience.
Item # VI.B
3
3/10/2016
Council Member Askew made a motion to approve the first public hearing for Ordinance No. 2016-19.
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.
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, 572.02
C.
Resolution Number 2016-049R, 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.
D.
Florida, authorizing the acquisition of five (5) 2016 Ford Police Interceptor Utility
AWD Vehicles, available through the Florida Sheriffs’ Association Contract No. 15-230904, Specification No. 7, and the award thereof to Don Reid Ford, Inc., and providing
an effective date.
COST: $135,220.00
E.
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. 15-23-0904, Specification No. 14, and the award thereof to
Nextran Truck Center, and providing an effective date.
COST: $152,134.20.
F.
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: $25,000.00 (FY15-16 Budget)
G.
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
COST: $230,476.00 (FY1516 Budget)
H.
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.
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.
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. 2016-045R 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. 2016-045R 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.
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.
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. 2016-054R with no response from the audience. Item # VI.B
5
3/10/2016
Council Member Holmes made a motion to approve Resolution No. 2016-054R 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.
City Attorney
X.
City Attorney Mantzaris stated he had nothing at the time.
City Manager
XI.
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.
Item # VI.B
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3/10/2016
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.
Mayor Borders read the following:
•
•
•
XV.
Thursday, March 17, 2016 - City Council Workshop - 6:00 p.m. @ City Hall, Council
Chambers (tentative)
Saturday, March 19, 2016 - Homestead Picnic - 10:00 a.m. @ Peghorn Park
Thursday, March 24, 2016 - City Council Meeting - 6:30 p.m. @ City Hall, Council
Chambers
Adjournment 7:35 p.m.
ATTEST:
City Clerk, Linda P. Jaworski
Minutes Approved:
Item # VI.B
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3/10/2016
Thursday, March 24, 2016
1300 9th Street
6:30 p.m.
Minutes
I.
II.
Invocation given by Dory Cruz from Vida Familiar Christian Church
III.
IV.
Roll Call
♦
♦
♦
♦
♦
All members present.
Presentations
V.
•
Presentation of Employee of the Month Award
This presentation will take place at a later time.
•
Presentation in recognition of Thomas Howes's Retirement
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
Item # VI.B
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3/24/2016
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.
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, 2016. 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 $3,000.00 for their 7th Annual Hall of Fame event on May 6,
2016. 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. 2016-07, 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 Item # VI.B
2
3/24/2016
Subdivision Regulations in its entirety, providing for severability, conflicts, codification,
and an effective date. (Above is full title) ACTION ON ORDINANCE NO. 2016-07
Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance and
advised Council of scrivener errors.
Deputy Mayor Rinehart made a motion to adopt Ordinance No. 2016-07 with changes. Council
Member Askew seconded the motion and all members voted aye. Vote (5 – 0)
2. FIRST PUBLIC HEARING FOR ORDINANCE NO. 2016-06, an ordinance of the City
Council of the City of St. Cloud, Florida, amending ordinance 2006-50, 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. 2016-06
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. 2016-06.
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. 2016-06
with changes. Council Member Rinehart seconded the motion and all members voted. Vote (4– 1)
Council Member Shroyer voted nay.
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 5th 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. 2016-11
Veronica Miller, Growth Management Services Administrator, reviewed the proposed ordinance.
Item # VI.B
3
3/24/2016
the audience.
Council Member Holmes made a motion to approve the first public hearing for Ordinance No. 201611. Council Member Shroyer seconded the motion and all members voted aye. Vote (5 – 0)
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. 2016-12
Bill Spivey, Planning and Zoning, reviewed the proposed ordinance.
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. 2016-12.
Council Member Askew seconded the motion and all members voted aye. Vote (5 – 0)
Council of the City of St. Cloud, Florida, assigning a Future Land Use designation of
“Medium Density Residential” to approximately 0.51 +/- 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. 2016-13
the audience.
Council Member Holmes seconded the motion and all members voted aye. Vote (5 – 0)
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. 2016-13, 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. 2016-14
Item # VI.B
4
3/24/2016
the audience.
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. 2016-17
the audience.
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. 2016-17, 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. 2016-18
the audience.
Council Member Shroyer made a motion to approve the first public hearing for Ordinance No. 201618. Deputy Mayor Rinehart seconded the motion and all members voted aye. Vote (5 – 0)
Item # VI.B
5
3/24/2016
9. RESOLUTION NO. 2016-053R, a resolution of the City Council of St. Cloud, Florida,
declaring certain real property located at 2903 17th 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. 2016-053R
Chris Fasnacht, Public Services Operations Director, reviewed the proposed ordinance.
Mayor Borders announced the public hearing for Resolution No. 2016-053R with no response from the
audience.
Deputy Mayor Rinehart made a motion to approve Resolution No. 2016-053R. Council Member
Holmes seconded the motion and all members voted aye. Vote (5 – 0)
10. RESOLUTION NO. 2016-060R, a resolution of the City Council of the City of St. Cloud,
Florida amending Resolution number 2015-122R 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. 2016-060R
Javier Gonzalez, Finance Director, reviewed the proposed ordinance.
Mayor Borders announced the public hearing for Resolution No. 2016-060R with no response from the
audience.
Council Member Askew made a motion to approve Resolution No. 2016-060R.
Rinehart seconded the motion and all members voted aye. Vote (5 – 0)
Deputy Mayor
VIII. Consent Agenda- The next portion of tonight’s meeting is the consent agenda which contains
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
Deputy Mayor Rinehart asked to pull item F for discussion.
A.
Warrant List #29
B.
Florida, authorizing the Mayor to enter into a first amendment to the agreement
for
Item # VI.B
6
3/24/2016
Chemical System Maintenance and Repair Services with Odyssey Manufacturing Co.,
and providing an effective date.
COST: $70,900.00
C.
Resolution No. 2016-047R, 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 04-26-31-0172-0001-00R0 and 04-26-31-0172-001-00S0,
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.
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.
E.
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: $80,707.00
F.
Florida, authorizing a city wide garage sale to be held on April 22, 23, and 24, 2015.
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.
Florida authorizing the waiver of formal bidding requirements and utilizing RFP #2011355435/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: $110,000.00
H.
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.
Deputy Mayor Rinehart made a motion to approve the consent agenda as presented. Council Member
Item # VI.B
7
3/24/2016
IX.
Council Action
1.
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. 2106-045R into the record by title
Mayor Borders announced Resolution No. 2016-045R.
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.
2.
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.
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. 2016-066R 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
3.
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.
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.
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.
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.
Item # VI.B
9
3/24/2016
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.
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 2017.
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
•
Friday, April 1, 2016 - Employee/Retiree Memorial Service - 9:00 a.m. @ City Hall
Courtyard
Item # VI.B
10
3/24/2016
•
•
•
XV.
Saturday, April 2, 2016 - City Council Retreat – 8:00 a.m. @ Civic Center, Room 2
Thursday, April 7, 2016 – Community Redevelopment Agency Meeting - 6:00 p.m. @
City Hall, Council Chambers
Thursday, April 14, 2016 - City Council Meeting - 6:30 p.m. @ City Hall, Council
Chambers
Adjournment 8:52 p.m.
ATTEST:
Minutes Approved:
Item # VI.B
11
3/24/2016
Thursday, April 14, 2016
1300 9th Street
6:30 p.m.
Minutes
I.
II.
Invocation given by Pastor Vince Manna from First Baptist Church of St. Cloud
III.
IV.
Roll Call
♦
♦
♦
♦
♦
All members present.
Presentations
V.
•
Presentation by Larry Brown
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
1
4/14/2016
•
Presentation of Employee of the Month Award
Chris Fasnacht presented Dianna Durbin with the Employee of the Month Award.
VI.
Daniel Jarczynski, 449 Hamilton Park Circle, stated he could not exit his property on 5th 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, 2106. 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.
Item # VI.B
2
4/14/2016
VII.
Public Hearings
1.
ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land
Use Designation of “Medium Density Residential” to approximately 20.41 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 201602
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. 2016-02. Council Member Shroyer
seconded the motion and all members voted aye. Vote (5 – 0)
2.
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. 2016-02,
for approximately 20.41 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. 2016-03
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. 2016-03. Council Member Holmes
3.
ordinance of the City Council of the City of St. Cloud, Florida, amending ordinance
2006-50, 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
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. 2016-06
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. 2016-06. Deputy Mayor Rinehart
4.
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 5th 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. 2016-11
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. 2016-11. Council Member Askew
5.
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. 2016-12
Bill Spivey, Planner IV, Planning Department, reviewed the proposed ordinance.
Item # VI.B
4
4/14/2016
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. 2016-12. Deputy Mayor Rinehart
6.
ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land
Use designation of “Medium Density Residential” to approximately 0.51 +/- 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.
2016-13
Council Member Shroyer made a motion to adopt Ordinance No. 2016-13. Council Member Askew
7.
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. 2016-13,
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. 2016-14
Deputy Mayor Rinehart made a motion to adopt Ordinance No. 2016-14. Council Member Shroyer
8.
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
Item # VI.B
5
4/14/2016
and proof of publication, applicability and effect, severability, copies on file and
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.
9.
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. 2016-21, for approximately 0.44 acres, located at
17th 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. 2016-22
the audience.
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
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
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
C.
Resolution No. 2016-057R, 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: $236,991.85 (City’s portion of the cost)
D.
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: $30,000.00 (Proposed FY 2016-2017 Budget)
E.
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: $3,592.00 equals 5% match of project total
F.
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.
G.
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: $128,021.00
H.
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: $99,480.00
I.
Florida authorizing the waiver of formal bidding requirements and utilizing ITB No.
145-0416-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: $30,904.00 (FY 2015-2016 Budget)
Item # VI.B
7
4/14/2016
J.
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.
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.
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.
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.
Chris Fasnacht, Public Services Operational Director, reviewed the proposed resolution.
Council Member Holmes made a motion to approve Resolution No. 2016-070R. Deputy Mayor
Rinehart seconded the motion and all members voted aye. Vote (5 – 0)
2.
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. 2016-077R, 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 2013-140R and 2014-151R; authorizing the City
Manager to approve refunds as applicable; and providing for severability and an
effective date.
Item # VI.B
8
4/14/2016
City Attorney, Dan Mantzaris, reviewed the proposed resolution.
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, 2016.
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.
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.
Item # VI.B
9
4/14/2016
XIII.
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.
•
•
•
•
XV.
Friday, April 15, 2016 – Coffee with the Mayor - 7:30 a.m. @ in the Bridge
Saturday, April 16, 2016 - Arbor Day Event - 9:00 a.m. to 12:00 p.m. @ Ted Broda
Memorial Park
Thursday, April 21, 2016 - City Council Workshop - 6:00 p.m. @ City Hall, Council
Chambers
Thursday, April 28, 2016 - City Council Meeting - 6:30 p.m. @ City Hall, Council
Chambers
Adjournment: 9:07 p.m.
ATTEST:
Minutes Approved:
Item # VI.B
10
4/14/2016
Item #
AGENDA
First Reading:
Consent Agenda
Ordinance No.
Resolution No. 2016-093R
Final Action:
05/26/2016
DEPARTMENT SUMMARY:
COST OF PROJECT: COST: $1,355,513.00 (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.
Estimated cost to be funded from FY15/16 and FY16/17 according to the period as stated in the agreement
terms. Recommend approval.
N/A
Item # VI.C
05/26/2016
ATTACHMENTS:
Description
Exhibit A
Item # VI.C
RESOLUTION NUMBER 2016-093R
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, 2017.
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 26th day
of May 2016.
CITY OF ST. CLOUD
ATTEST:
deBeaubien, Knight, Simmons, Mantzaris & Neal LLP
Item # VI.C
Item # VI.C
Item #
First Reading:
AGENDA
Consent Agenda
Ordinance No.
Final Action:
05/26/2016
DEPARTMENT SUMMARY:
COST OF PROJECT: COST: $117,650.00
The scope of requested work is outlined in the proposal. Funds are available in Project No. WW1613, account
number 430-9595-699.34-00.
Project WW1613 has available funds. Recommend approval.
N/A
05/26/2016
Item # VI.D
ATTACHMENTS:
Description
Task Authorization
Exhibit A
Item # VI.D
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.
PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida this 26th day of May
2016.
CITY OF ST. CLOUD
ATTEST:
LEGAL IN FORM AND VALID IF ADOPTED
de Beaubien, Knight, Simmons, Mantzaris, & Neal, LLP
Item # VI.D
Item # VI.D
Item # VI.D
Item # VI.D
Item #
First Reading:
AGENDA
Consent Agenda
Ordinance No.
Final Action:
5/26/2016
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.
N/A
N/A
5/26/2016
Item # VI.E
ATTACHMENTS:
Description
Resolution No. 2016-095R With Strickthrough
Exhibit Ambulance Fees
Resolution No. 2016-095
Item # VI.E
RESOLUTION NO. 2016- 095R
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
follows:
SECTION I.
The Emergency Medical Services fees are hereby restated as follows:
Section 22-35. 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
Critical Care Transport Fee (SCT)
Treatment Without Transport
Mileage Rate Per Response, Per Person:
Extrication – Forcible Entry/Removal
(Adding) - Special Event Standby
$475.00
$475.00
$675.00
$ N/A
$ N/A
$ 9.00
$200.00
$600.00
$650.00
$700.00
$800.00
$400.00
$ 10.00
Item # VI.E
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
$400.00
Additional Fee Per Hour
$100.00
Standard Fee
$800.00
$200.00
Discounted Non- Profit Standby Fees
Standard Fee
$200.00
$ 50.00
Standard Fee
$400.00
$100.00
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, 2016.
PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida on this 26th day of
May, 2016.
CITY OF ST. CLOUD
ATTEST:
_________________________________
Mayor, Rebecca Borders
________________________________
Linda Jaworski, City Clerk
Legal in Form and Valid if Adopted
________________________________
Item # VI.E
Ambulance Fees
City/County
Base Rate
BLS
Osceola County
Kissimmee
St Cloud
Polk County
Brevard County
Orange County
Orlando
Okeechobee
Indian River County
Lake County
Seminole County
Average
$
$
$
$
$
$
$
$
$
$
$
$
500.00
600.00
475.00
600.00
501.00
456.00
736.00
400.00
430.00
450.00
453.00
509.18
ALS1
$
$
$
$
$
$
$
$
$
$
$
$
500.00
650.00
475.00
600.00
541.00
766.00
946.00
500.00
500.00
550.00
538.00
596.91
ALS2
$
$
$
$
$
$
$
$
$
$
$
$
500.00
700.00
675.00
700.00
627.00
717.00
1,051.00
600.00
675.00
685.00
780.00
700.91
Mileage
(Per Mile)
$
$
$
$
$
$
$
$
$
$
$
$
9.00
10.00
9.00
9.00
9.18
12.00
12.62
8.00
12.00
9.50
9.00
9.94
*** Polk County Critical Care Fee $800.00
*** Kissimmee Treatment Without Transport Fee $400.00
Item # VI.E
RESOLUTION NO. 2016- 095R
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
WHEREAS, Ordinance Number 12-40, adopted on March 8, 2012, amended Ordinance 90-CC by
follows:
SECTION I.
The Emergency Medical Services fees are hereby restated as follows:
Section 22-35. 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
Critical Care Transport Fee (SCT)
Treatment Without Transport
Mileage Rate Per Response, Per Person:
$ 600.00
$ 650.00
$ 700.00
$ 800.00
$ 400.00
$ 10.00
Item # VI.E
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
Standard Fee
$400.00
$100.00
Standard Fee
$800.00
$200.00
Discounted Non- Profit Standby Fees
Standard Fee
$200.00
$ 50.00
Standard Fee
$400.00
$100.00
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, 2016.
PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida on this 26th day of
May, 2016.
CITY OF ST. CLOUD
ATTEST:
_________________________________
Mayor, Rebecca Borders
________________________________
Linda Jaworski, City Clerk
Legal in Form and Valid if Adopted
________________________________
Item # VI.E
Item #
AGENDA
First Reading:
Consent Agenda
Ordinance No.
Final Action:
05/26/2016
DEPARTMENT SUMMARY:
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 bringing
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 station
bringing 20,532 tons of residential MSW and 29,839 tons of commercial MSW in 2015.
N/A
N/A
Item # VI.F
05/26/2016
ATTACHMENTS:
Description
Resolution
Exhibit "A"
Item # VI.F
RESOLUTION NUMBER 2016-
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 2015.
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, 2016.
PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida on May 26, 2016.
CITY OF ST. CLOUD
______________________________________
ATTEST:
____________________________________________________
LEGAL IN FORM AND VALID IF ADOPTED.
deBeaubien, Knight, Simmons, Mantzaris & Neal, LLP
___________________________________________________
C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\C06DAB70-6CBD-496F-B82B-F5FE7ECECAFA\ST
CLOUD.11778.1.RESOLUTION_NO._2016-096R_WASTE_MANAGEMENT.DOC
Item # VI.F
AGREEMENT
this /t
THIS AGREEMENT, made
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, 34769 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.
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.
B.
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=$42.00
21 1500 tons and belour = $43.13
3) 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 542.00 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
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:
Ron Pruim, Jr.
Waste Management lnc of Florida
3510 Rlo Vista Avenue
Orlando, FL 32805
CITY:
City Manager
City of St. Cloud
1300 Ninth Street
St. Cloud, FL34769
Item # VI.F
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
action arising out of this agreement shall be Osceola Coun\, Florida.
of
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
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
the parties hereto, their heirs, persona representatlves, successors andfor
of
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:
5-lz-?e/u
Date:
AfiEST:
ATTEST:
By:
By:
Linda Jaworski - City Clerk
Its:
Date:
(Corporate SealI
Item # VI.F
Item #
AGENDA
First Reading:
Consent Agenda
Ordinance No.
Final Action:
05/26/2016 - Final Action
DEPARTMENT SUMMARY:
COST OF PROJECT: No cost assoicated with this item.
RESOLUTION NO. 2016- 097R, 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.
N/A
N/A
05/26/2016 - Final Action
Item # VI.G
ATTACHMENTS:
Description
resolution
Agreement
Item # VI.G
RESOLUTION NUMBER 2016- 097R
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".
PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida, on the
26th day of May, 2016.
CITY OF ST. CLOUD
_____________________________
ATTEST:
____________________________
____________________________
Item # VI.G
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 97-106, Florida Statutes, constitutes the Florida Election Code,
which applies to municipalities; and
WHEREAS, Section 100.3605, 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 97-106, 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
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
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
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 101.161(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 101.161(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
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 768.28, 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
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 34744
For the Municipality:
Joe Helfenberger
City Manager
1300 9th Street
St. Cloud, FL 34769
14. 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
_________________, 2016.
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
Item #
AGENDA
First Reading:
Council Action
Ordinance No.
Final Action:
05/26/2016
DEPARTMENT SUMMARY:
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.
N/A
N/A
05/26/2016
Item # VIII.1
ATTACHMENTS:
Description
Resolution
Exhibit "A"
Exhibit "B (1 of 2)
Exhibit "B" (2 of 2)
Item # VIII.1
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.
PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida on May 26,
2016.
CITY OF ST. CLOUD
_____________________________
ATTEST:
______________________________
deBeaubien, Knight, Simmons, Mantzaris & Neal, LLP
______________________________
Item # VIII.1
EXHIBIT “A”
Item # VIII.1
EXHIBIT “B”
Item # VIII.1
Item # VIII.1
Item # VIII.1
Item # VIII.1
Item # VIII.1
Item # VIII.1
Item # VIII.1
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Item #
First Reading:
AGENDA
Council Action
Ordinance No.
Resolution No.
Final Action:
5/26/2016
Ratification of Police and Fire Fighter Pension Board member
DEPARTMENT SUMMARY:
COST OF PROJECT: No cost
At the May 10, 2016 Police and Fire Fighter Pension Board meeting, Claude Campbell was selected by the
Pension Board as the fifth member (Seat #5) by a vote of 4-0. His name is submitted to the Council for
ratification as a ministerial act, according to the Operating Rules and Procedures of the Board of Trustees of
the City of St. Cloud Police and Fire Fighters' Retirement System.
N/A
N/A
Item # VIII.2
5/26/2016
Item # VIII.2

Newest Agenda Full - City of St. Cloud, Florida

Transcription

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