ST. CLOUD CITY COUNCIL REGULAR MEETING June 28, 2018 City Hall Council Chambers 1300 Ninth Street 6:30 PM (or Immediately following the DSD) Agenda

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1 ST. CLOUD CITY COUNCIL REGULAR MEETING June 28, 2018 City Hall Council Chambers 1300 Ninth Street 6:30 PM (or Immediately following the DSD) 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 V. Presentations Mayor Nathan Blackwell Deputy Mayor Dave Askew Council Member Linette R. Matheny Council Member Chuck Cooper Council Member Donald Shroyer Proclamation in recognition of Parks & Recreation Month Presentation in recognition of Lawrence Daniel's Retirement VI. 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 presiding officer prior to, or as soon as is practical thereafter, the person addresses the Council. VII. 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. Minutes: January 18, 2018 / Workshop, March 8, 2018 / Regular Meeting and March 22, 2018 / Regular Meeting B. Resolution R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the City of St. Cloud Public Services Department under the Florida Division of Emergency Management Hazard Mitigation

2 Grant Program (HMGP) funds for the purpose of design, permitting, and installation of Esprit Ponds flood control improvements and modifications and authorizing the Grants Administrator to submit the grant application. COST: Budgeted Amount $50,000.00; Grant Request $150, C. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the City of St. Cloud Public Services Department under the Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) funds for the purpose of design, permitting, and construction of a pump station at Blackberry Creek Pond and authorizing the Grants Administrator to submit the application. COST: Budgeted Amount $87,500.00; Grant Request $262,500.00, Total Project Cost $350, D. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the City of St. Cloud Public Services Department under the Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) funds for the purpose of design, permitting and construction of the 17 th Street drainage improvements and authorizing the Grants Administrator to submit the grant application. COST: Budgeted Amount $350,000.00; Grant Request: $1,400, E. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a first amendment to the Interlocal Agreement of Cooperation between Osceola County and the City of St. Cloud, Florida, relating to the Community Development Block Grant Program and the HOME Investment Partnership program, dated July 19, 2015 and providing for an effective date. COST: No cost associated with this item. F. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, approving an agreement, a Master Facility User Agreement with Arrow International, Inc. for the use of specified city facilities as set forth in the agreement for purposes of medical educational training, authorizing the Mayor to execute the Master Facility User Agreement, the City Manager to approve Specific Venue Use Authorization Agreements and providing for an effective date. COST: No cost associated with this item. G. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a first addendum to and extension of the agreement dated August 13, 2015, between the City of St. Cloud and Maschmeyer Concrete Company of Florida, for the purchase of ready mix concrete, and providing an effective date. COST: up to $42, H. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a task authorization to the continuing contract and agreement for Sanitary Sewer Lift Station Rehabilitation with Danus Utilities, Inc., for Lift Station 31 Rehabilitation, and providing an effective date. COST: up to $85,779.00

3 I. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a task authorization to the Continuing Contract and Agreement for Professional Engineering Services with Reiss Engineering, Inc. dated September 21, 2017, and any amendments thereto, for Design of WTP #1 Hydrogen Sulfide Pretreatment System and providing an effective date. COST: up to $76, J. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing and directing the City Manager to declare items as obsolete, damaged, and/or surplus property and otherwise in the best interest of the City of St. Cloud. COST: No cost associated with this item. K. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, exercising the City s right to terminate without cause the lease agreement with Branch Banking & Trust Company (BB&T) dated October 28, 2004 and as last amended July 28, 2014; authorizing the City Manager to notify BB&T of the termination in accordance with the lease agreement and providing for an effective date. COST: No cost associated with this item. L. Requesting City Council s approval of a Final Plat for 91 single family residential lots. COST: No cost associated with this item. VIII.Public Hearings 1. PUBLIC HEARING FOR RESOLUTION NO R, a resolution of the City Council of the City of St. Cloud, Florida, declaring certain real property consisting of five parcels located at 3148 Bailey Road, 2250 Canoe Creek Road and three nonaddressed parcels on Canoe Creek Road, all in St. Cloud, Florida as surplus property and approving the sale to Galleria of Canoe Creek, LLC of a total of approximately acres for $2,330,000 and authorizing the Mayor and City Manager to perform all acts necessary and appropriate to close on the property as provided herein. ACTION ON RESOLUTION NO R 2. FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land Use designation of Commercial to approximately acres, located south of 11th Street, between Mississippi and Eastern Avenue; 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 FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Zoning district of P Professional, compatible with a Commercial Future Land Use designation change, adopted by Ordinance No , for approximately acres, located south of 11th Street, between Mississippi and Eastern Avenue; providing for entering the

4 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 FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, amending the Land Development Code by amending Article III, Zoning Regulations, Division 4, Establishment and Duties of Commission and Boards, Section Board of adjustment, and providing for severability, conflicts, codification and an effective date. (Above is full title) ACTION ON ORDINANCE FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a zoning district of HB Highway Business, compatible with a Commercial Future Land Use designation, for approximately acres, located south of Friars Cove Lane, west of 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) (Final Public Hearing will be heard on July 19, 2018) ACTION ON ORDINANCE NO FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, amending Article III, Zoning Regulations, Division 20 Supplemental District Regulations, Section Accessory Structures, Subsection A Residential Districts, and providing for severability, conflict, codification and effective date. (Above is full title) (Final Public Hearing will be heard on July 19, 2018) ACTION ON ORDINANCE RESOLUTION NO R, a resolution of the City Council of the City of St. Cloud, Florida, granting a Conditional Use to operate a Child Care Center at 503 Brown Chapel Road, St. Cloud, Florida, as described in the body of this resolution. (Above is full title) ACTION ON RESOLUTION NO R 8. RESOLUTION NO R, a resolution of the City Council of the City of St. Cloud, Florida, granting a standard site variance to Hearts of Blessings Church, located at 503 Brown Chapel Road, as is more fully described in the body of this resolution, regarding Division 13, parking stall requirements, Section minimum dimensions, of the Land Development Code of the City of St. Cloud, Florida; providing that all other applicable land development code sections are met, providing for expiration, and an effective date. (Above is full title) ACTION ON RESOLUTION R 9. RESOLUTION NO R, a resolution of the City Council of the City of St. Cloud, Florida, granting a Conditional Use to operate an Assisted Living Facility use at 17th Street, south of its intersection with Pine Lake Drive, St. Cloud, Florida, as described in the body of this resolution. (Above is full title) ACTION ON RESOLUTION NO R

5 10. RESOLUTION NO R, a resolution of the City Council of the City of St. Cloud, Florida, amending Resolution Number R which adopted the Fiscal Year 2017/2018 budget for the City of St. Cloud, finding the City Manager has certified there are prior year fund balances and or revenues available in the Fiscal Year 2017/2018 budget for additional projects and programs in various funds not included in the original Fiscal Year 2017/2018 budget, requiring the budget to be increased to include said additional funding in the various funds and making supplemental appropriations within the funds. (Above is full title) ACTION ON RESOLUTION NO R IX. Council Action 1. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, approving a Water & Wastewater Service Agreement from SAB Dental, LLC and Leslie Brue, for a commercial development named SAB Dental & Medical Building, located in the unincorporated area of Osceola County on the west side of Narcoossee Rd., north of Jones Rd., south of Lake Park Ave. and east of Navajo Dr.; authorizing the City Manager to execute the agreement; and providing an effective date. 2. Request Council's approval of two separate sponsorship requests for community related events by non-profit agencies within the community. X. City Attorney XI. City Manager XII. Mayor and Council Members XIII.Information and Report Section Wednesday, July 4, 2018 City Offices Closed in Observance of the July 4 th Holiday Thursday, July 12, 2018 Community Redevelopment Agency Meeting 6:00 City Hall, Council Chambers Thursday, July 19, 2018 City Council Meeting 6:30 City Hall, Council Chambers XIV. Adjournment If a person decides to appeal any decision made by the Committee/Board, with respect to any matter considered at such hearing/meeting, such person will need a record of the proceedings and that, for this purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, and which record is not provided by the City of St. Cloud. (FS ) In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these

6 proceedings should contact the Secretary/Clerk of the committee/board (listed below), prior to the meeting. (FS ) Linda P. Jaworski, th Street, St. Cloud, FL

7 AGENDA First Reading: Item # VII. A. Consent Agenda First Public Hearing: Ordinance No. Resolution No. Second Public Hearing: Final Action: DATE OF MEETING: JUNE 28, /28/2018 AGENDA ITEM (Brief Description) Minutes DEPARTMENT SUMMARY: Minutes: January 18, 2018 / Workshop, March 8, 2018 / Regular Meeting and March 22, 2018 / Regular Meeting COST OF PROJECT: IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: PURCHASING MANAGER'S COMMENTS: CITY MANAGER'S COMMENTS:

8 CITY COUNCIL ACTION: 6/28/2018 ATTACHMENTS: Description January 18, 2018 March 8, 2018 March 22, 2018

9 ST. CLOUD CITY COUNCIL WORKSHOP Thursday, January 18, 2018 City Hall, Council Chambers 1300 Ninth Street 6:00 p.m. Minutes I. Mayor Blackwell called the meeting to order at 6:00 p.m. II. Roll Call Mayor Nathan Blackwell Deputy Mayor Dave Askew Council Member Linette Matheny Council Member Chuck Cooper Council Member Donald Shroyer William S. Sturgeon, City Manager Dan Mantzaris, City Attorney City Clerk, Linda P. Jaworski Deputy City Clerk, Ivy De la Cruz Members of the Press All members present. III. Discussion regarding water rates. Burton & Associates provided a presentation regarding future water and sewer rates. Kevin Felblinger, Engineering Manager provided a presentation regarding water/sewer rates, consumption, capacity and growth. Angela Farmer, Public Services, provided a history of how water and sewer rates were established and calculated each year. Kevin Felblinger, Engineering Manager discussed options for a water supply plan to meet the needs of the future: Look into acquiring more fresh ground water because we have the pumping capacity Look into expanding the water permit for the lakeshore augmentation to get additional water and put it in the ground water, or treat pond water to go out for reclaim distribution Utilize the Southside Plant to direct or indirect potable reuse Expand our reclaimed water system to minimize the amount of potable water being used Purchase bulk water from other utilities; downside is no control over costs Developing a water supply ourselves closer to town; there s always an option of putting a water plant here Administrative alternatives for homes without reclaimed systems and possible restrictions on landscaping that s more growth tolerant 1 1/18/2018

10 Limit the size of our service area; we could only opt to grow to the limit of our water supply Council Member Matheny asked if the costs on two separate documents were in addition to the 2.3 million dollars and Mr. Felblinger replied yes. Council Member Matheny suggested looking at stormwater as an alternative source and doing a financial analysis on Cypress Lakes. City Attorney Mantzaris noted we previously discussed the idea of being able to invest in the project and ultimately assign whatever interest it has in the project to another utility. Council Member Shroyer would like to have as much water as possible and does not want to have to buy it from another city and felt we would have leverage. Council Member Askew estimated we re looking at 3 million dollars annually. Council Member Cooper inquired about costs to get the lines here and Mr. Felblinger said it s estimated in the 20 million dollar range. Mayor Blackwell asked if Council had any additional questions with no response. Mayor Blackwell thanked Mr. Felblinger for the presentation and called a recess at 7:19 p.m. Mayor Blackwell reconvened the meeting at 7:28 p.m. IV. Discussion regarding development moratorium. Andre Anderson, Planning and Zoning Director, provided a presentation regarding a moratorium and the repercussions and expectations. Discussion followed to include the moratorium and how Council would like to proceed. Council consensus was to have a discussion at a public meeting where public comment can be taken. V. Adjournment 8:09 p.m. Mayor Nathan Blackwell ATTEST: City Clerk, Linda P. Jaworski Minutes Approved: 2 1/18/2018

11 ST. CLOUD CITY COUNCIL REGULAR MEETING Thursday, March 8, 2018 City Hall Council Chambers th Street 6:30 p.m. Minutes I. Mayor Blackwell called the meeting to order at 6:30 p.m. II. Invocation given by Pastor Jay McCaig from Crossroads Baptist Church and Chaplain from St. Cloud Medical Center III. Pledge of Allegiance IV. Roll Call Mayor Nathan Blackwell Deputy Mayor Dave Askew Council Member Linette R. Matheny Council Member Chuck Cooper Council Member Donald Shroyer William Sturgeon, City Manager Dan Mantzaris, City Attorney City Clerk, Linda P. Jaworski Deputy City Clerk, Ivy De La Cruz Members of the Press All Members present. V. Presentations Proclamation in recognition of Woman s History Month This presentation did not take place. Proclamation in recognition of March for Meals Mayor Blackwell presented Wilda Belisle with a proclamation in recognition of March for Meals. Proclamation in recognition of Confederate Memorial Day Mayor Blackwell presented Al Massey with a proclamation in recognition of Confederate Memorial Day. Proclamation in recognition of Fix A Leak Week Mayor Blackwell presented DiAnna Rawleigh with a proclamation in recognition of Fix a Leak Week. 1 3/08/2018

12 Presentation regarding Rockin the Cloud 2017 Erin Ochs, Special Events Manager, gave a presentation for a successful Rockin the Cloud VI. 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 presiding officer prior to, or as soon as is practical thereafter, the person addresses the Council. Jeffrey Barnes, 1519 Lakeshore Boulevard, stated he would like to build a shed, would like to know why he could not get approval. Council Member Shroyer requested Ordinance No be brought back for further discussion. Council consensus was to add this to a future agenda. John Doddato, 210 Massachusetts Avenue, stated he had received an ambiguous answer regarding the rules for adding an attached garage. City Attorney Mantzaris reviewed the recent ordinance change that restricted the size of the structure. Council consensus was to have staff allow the structure within the guidelines. Hughette Crumpler, 300 Michigan Avenue, requested her comments and any responses are for the record. She asked Council to support the Meals on Wheels program whenever possible and was grateful for everything they do. She stated there had been a meeting on Governance and asked if an ethics policy would be brought forward. City Attorney Mantzaris stated there was a draft policy that was going to be presented to Council on the March 29 th workshop that will require final action at a Council Meeting. Ms. Crumpler expressed her disappointment with Council Members and how they vote on agenda items and asked for the second citizens forum to be brought back. VII. 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. Council Member Matheny pulled Item A for discussion. Council Member Cooper pulled Item D. Deputy Mayor Askew pulled Item A for discussion. City Attorney Mantzaris stated there was a scribner error on Item E. 2 3/08/2018

13 A. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the 2018 City Wide Garage Sales to be held on April 20, 21, and 22, 2018, and on November 16, 17, and 18, COST: No cost associated with this item. Discussion followed regarding the number of garage sales and the process of keeping track of them. B. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing and directing the City Manager to declare items as obsolete, damaged, and/or surplus property and otherwise in the best interest of the City of St. Cloud. COST: There is no cost associated with this item. C. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the utilization of Contract # previously advertised for bid by Polk County, which is reasonable and otherwise in the best interest of the City of St. Cloud, whose subject matter is Pavement Management Alternative Methods, providing for the award thereof to Asphalt Paving System, Inc., and providing an effective date. COST: Up to $1,500, D. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a task authorization to the Continuing Contract and Agreement for Professional Engineering Services with Wright-Pierce, Inc. dated September 14, 2017, and any amendments thereto, for Design and Permitting of US 192/SR 500 Irrigation System, and providing an effective date. COST: $53, Council Member Cooper discussed the possibility of terminating this agreement. Council Member Cooper made a motion to deny Resolution No R. Motion died due to lack of a second. Council Member Matheny made a motion to approve Resolution No R. Deputy Mayor Askew seconded the motion. Mayor Blackwell called for public comment on this item with no response from the audience. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 4-1) Council Member Cooper voted nay. E. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, determining the lowest responsible bidder whose bid is reasonable and otherwise in the best interest of the City of St. Cloud, and the award thereof in regards to Invitation to Bid (ITB) No , to C & W Global, Inc., whose subject matter is Supplemental Hauling of Municipal Solid Waste, and providing an effective date. COST: Up to $64, /08/2018

14 F. Request City Council's approval of a Final Plat for 82 single family residential lots in Phase 1 of the Hickory Grove Subdivision (FKA Parkfield). COST: No cost associated with this item. Council Member Matheny stated that previously Council had requested the sidewalk maintenance fall to the HOA. Council Member Matheny made a motion to approve with the addition that the HOA maintains the sidewalks. Council Member Cooper seconded the motion. Andre Anderson, Planning & Zoning Manager, reviewed the final plat for Phase 1 of Hickory Grove Subdivision and stated they were unable to add the maintenance of the sidewalks. Mayor Blackwell called for public comment on this item. Matt Young, AV Homes, Applicant, stated his concern regarding the addition of sidewalk maintenance. Dustin Stevens, Holland & Knight, 200 S. Orange Avenue, stated the timing was inappropriate to interject these requirements. City Attorney Mantzaris reviewed the timeframe requirements with Council. Council Member Matheny restated her motion approving the plat with an amendment to add sidewalk maintenance to the HOA. Seconded by Council Member Cooper. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion failed. (Vote 2-3) Council Member Cooper, Council Member Shroyer and Mayor Blackwell voted nay. Council Member Shroyer made a motion to approve Item F with the stipulation adding one tree in the front yard and one tree in the back yard. Deputy Mayor Askew seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motioned carried. (Vote 4-1) Council Member Cooper voted nay. Deputy Mayor Askew made a motion to approve the remaining consent agenda items A, C and E. Council Member Matheny seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) VIII. Public Hearings There were no Public Hearings at the time. IX. Council Action 4 3/08/2018

15 1. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, adopting the Vision, Mission, and Strategic Goal Statements as developed during the February 2018 Council Strategic Planning Retreat. Ivy De La Cruz, Deputy City Clerk, read Resolution No R into the record by title. Veronica Miller, Assistant City Manager, reviewed the proposed resolution. Mayor Blackwell announce Resolution No R for public comment. Hughette Crumpler, 300 Michigan Avenue, stated My comments are for the record and any responses as well. She asked if sustainability and the budget should be part of the strategic goals. She felt that visions are good, missions are good, strategic goals are good, and ethics are good but thought it should include affordability and better quality of life for the residents. Deputy Mayor Askew made a motion to approve Resolution No R. Council Member Matheny seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) 2. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida amending the schedule of fees and charges for the purpose of processing applications and establishing a special exception application process pursuant to the requirements of the City of St. Cloud s Land Development Code. Ivy De La Cruz, Deputy City Clerk, read Resolution No R into the record by title. Andre Anderson, Planning & Zoning Manager, reviewed the proposed resolution. This item was pulled by staff to be brought back at a later time. 3. Discussion and possible action regarding Committee Vacancies Deputy Mayor Askew made a motion to appoint John Dilulio to Alternate Seat 1 on the Planning Commission. Council Member Shroyer seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) IX. City Attorney City Attorney Mantzaris stated he had nothing at the time. X. City Manager City Manager Sturgeon stated he had nothing at the time. XII. Mayor and Council Members 5 3/08/2018

16 Council Member Matheny stated she had nothing at the time. Council Member Cooper stated he had nothing at the time. Deputy Mayor Askew requested an update on the emergency signal at US 192 and Minnesota Avenue. Dianna Rawleigh, Public Services Director, stated the project should be completed in July. Council Member Shroyer requested rearranging of seats on the dais so he could sit where the city Manager was. Council Member Matheny suggested leaving the Mayor in the center and sliding everyone down. Council consensus was to rearrange the dais. Council Member Cooper requested information of traffic flow at Walmart and 5 th Street. Dianna Rawleigh, Public Works Director stated that staff was looking into options with this intersection. Mayor Blackwell read a letter of appreciation for the quick action taken by the EMT and Police Department s to an emergency situation in front of City Hall. He stated on April 21, 2018, at Gateway High School there will be a meeting of Hispanic pastors to aide displaced families from Hurricane Maria. XIII. Information Section and Report Section Mayor Blackwell read the following: Thursday, March 22, City Council Meeting - 6:30 City Hall, Council Chambers Thursday, March 29, City Council Workshop - 6:00 City Hall, Council Chambers Reports: Warrant List #8 XIV. Adjournment: 8:02 p.m. Mayor Nathan Blackwell ATTEST: City Clerk, Linda P. Jaworski Minutes Approved: 6 3/08/2018

17 ST. CLOUD CITY COUNCIL REGULAR MEETING Thursday, March 22, 2018 City Hall Council Chambers th Street 6:30 p.m. Minutes I. Mayor Blackwell called the meeting to order at 6:30 p.m. II. Invocation by Pastor Leonard Thompson from Heart Cry Chapel III. Pledge of Allegiance IV. Roll Call Mayor Nathan Blackwell Deputy Mayor Dave Askew Council Member Linette R. Matheny Council Member Chuck Cooper Council Member Donald Shroyer City Manager, William Sturgeon City Attorney, Dan Mantzaris City Clerk, Linda P. Jaworski Executive Admin., Robin Simmons Members of the Press All members present. V. Presentations Proclamation in recognition of National Vietnam War Veteran's Day Mayor Blackwell presented Vinnie Monitto and Fred Casler with a proclamation in recognition of National Vietnam War Veteran s Day. Presentation of Employee of the Month Jacqueline Dombovy presented Ronald Bray with the Employee of the Month Award. Recognition of Interim Fire Chief Richard Stilp City Manager William Sturgeon presented Interim Fire Chief Richard Stilp with a recognition for his time with the City. Presentation of certificate of completion for the Municipal Leadership Institute for Elected Municipal Officials to Dave Askew Mayor Blackwell presented Deputy Mayor Askew with a certificate of completion for the Municipal Leadership Institute for Elected Municipal Officials to Dave Askew. Ceremonial Signing of Vision Statement 1 3/22/2018

18 Mayor Blackwell and Council signed certificates recognizing the Vision Statement for the City. VI. 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 presiding officer prior to, or as soon as is practical thereafter, the person addresses the Council. Jeffrey Barnes, 1519 Lakeshore Boulevard, stated he has been trying to obtain a permit for an accessory building attaching the gate and a roof to the house. Andre Anderson, Planning & Zoning Director, stated as long as he met the setbacks, this could be a solution for him. Mayor Blackwell requested Mr. Barnes to work with Mr. Anderson. Hughette Crumpler, 300 Michigan Avenue, stated how much she appreciates everything that the Vietnam veterans have done for us. She wanted to thank all the members of the fire department for all that they do. She also expressed her concerns regarding the way Mayor Blackwell, Council Member Matheny and Deputy Mayor Askew were voting and was not in agreement with them. VII: Consent Agenda: The next portion of tonight s meeting is the consent agenda which contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Council wish to speak on a consent item, they have the same opportunity. City Manager Sturgeon pulled Item G for discussion. A. Minutes: October 5, 2017 / Workshop, October 26, 2017 / Regular Meeting, November 9, 2017 / Regular Meeting, November 16, 2017 / Workshop and June / Regular Meeting. Hughette Crumpler, 300 Michigan Avenue, stated she felt the minutes from October 26, 2017 were not accurate. She asked if Council members had accepted money from any lobbying firm. Council Member Matheny stated she had during her election campaign. Ms. Crumpler expressed her concerns with Council Member Matheny trying to get rid of the current lobbyist having accepted contributions from another. She asked the new City Manager to stand up to Council Members and not hire their friends and family. \ Council Member Matheny stated, I think Ms. Crumpler s recollection of those meeting minutes are not accurate for the record. B. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, creating and establishing the St. Cloud Water and Sewer Utility Assistance 2 3/22/2018

19 Program to provide emergency financial assistance to St. Cloud Utility customers for payment of potable water, wastewater, reclaimed water utility bills and fees and approving and authorizing the Mayor to sign an agreement with Osceola Council on Aging, Inc. to administer the program and providing an effective date. COST: Budgeted Amount Up to $15, C. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida authorizing the Mayor to accept three public utility easements from ECHO Partin Village, LLC. to have and to hold for all uses traditionally made of a public utility easement. COST: No cost associated with this item. D. Resolution No R, a resolution of the City Council of St. Cloud, Florida, providing for the approval of the addition of Appendix M, the Osceola County Flood Response Operations Guide, to become part of the St. Cloud Comprehensive Emergency Management Plan (CEMP) 2015 and providing for an effective date. COST: NO cost associated with this item. E. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing and directing the City Manager to declare items as obsolete, damaged, and/or surplus property and otherwise in the best interest of the City of St. Cloud. COST: No cost associated with this item. F. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida authorizing the Mayor to accept a public utility easement from Hanlex Canoe Creek, LLC. to have and to hold for all uses traditionally made of a public utility easement. COST: No cost associated with this item. G. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, declaring certain real property located at th Street as surplus property, replacing the December 17, 2013 and August 15th, 2017 leases with the School Board of Osceola County, Fl and authorizing and approving a lease of said property to the School Board of Osceola County, Fl, a Florida government entity, until July 18, 2024 and authorizing the Mayor to execute all documents necessary to complete the lease. COST: No cost associated with this item. William Sturgeon, City Manager stated a date change for the completion of the computer room was now June 1, H. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, setting one City Council meeting date for July, and that meeting date being July 12, 2018 and setting one City Council meeting date for August, and that meeting date being August 9, COST: No cost associated with this item. Deputy Mayor Askew made a motion to approve the consent agenda as presented. Council Member Shroyer seconded the motion. 3 3/22/2018

20 Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) VIII. Public Hearings 1. FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, to annex into the City of St. Cloud approximately acres identified as 1850, 1860, 1870 Puffin Road, located east of S. Narcoossee Road, south of Lillian Lee Road, west of Puffin Road and north of E. Irlo Bronson Memorial Highway; in accordance with the voluntary annexation provisions of Chapter , Florida Statutes (Above is full title) ACTION ON ORDINANCE NO Robin Simmons, Executive Administrative Assistant, read the final public hearing for Ordinance No into the record by title. Andre Anderson, Planning & Zoning Director requested that companion Items 2 & 3 also be read and voted on individually. He reviewed the proposed ordinances. Mayor Blackwell announced the final public hearing for Ordinance No Rick Baldocchi, AVCON, Inc., 5555 E. Michigan Street, Orlando stated he represented the owner and thanked staff for their involvement in the process. Council Member Matheny stated her concerns with the right of way widths for this area. Council Member Matheny made a motion to adopt Ordinance No Council Member Cooper seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) 2. FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land Use designation of Low Density Residential to approximately acres identified as 1850, 1860, 1870 Puffin Road, located east of S. Narcoossee Road, south of Lillian Lee Road, west of Puffin Road and north of E. Irlo Bronson Memorial Highway; 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 Robin Simmons, Executive Administrative Assistant, read the final public hearing for Ordinance No into the record by title. Mayor Blackwell announced the final public hearing for Ordinance No with no response from the audience. 4 3/22/2018

21 Council Member Matheny made a motion to adopt Ordinance No Council Member Cooper seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) 3. FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a zoning district of R-1B Single Family Dwelling, compatible with a Low Density Residential Future Land Use designation change, adopted by Ordinance No , for approximately acres identified as 1850, 1860, 1870 Puffin Road, located east of S. Narcoossee Road, south of Lillian Lee Road, west of Puffin Road and north of E. Irlo Bronson Memorial Highway; 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 Robin Simmons, Executive Administrative Assistant, read the final public hearing for Ordinance No into the record by title. Mayor Blackwell announced the final public hearing for Ordinance No with no response from the audience. Council Matheny made a motion to adopt Ordinance No Council Member Cooper seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) 4. FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, to annex into the City of St. Cloud approximately acres identified as Tohoqua, located south of Neptune road, west of Ronald Reagan Turnpike and the C-31 canal, north of Twin Oaks Conservation Area and east of Macy Island Road; in accordance with the voluntary annexation provisions of Chapter , Florida Statutes (Above is full title) ACTION ON ORDINANCE NO Robin Simmons, Executive Administrative Assistant, read the final public hearing for Ordinance No into the record by title. Andre Anderson, Planning & Zoning Director reviewed the proposed ordinance. He requested that the companion items also be read. Mr. Anderson stated he had received a letter from the applicant that requested this item be continued at the May 10, 2018 Council meeting. Mayor Blackwell announced the continuance of this item to the May 10, 2018 council agenda with no response from the audience. Council Member Shroyer made a motion to continue Ordinance No to the May 10, 2018 Council meeting. Council Member Matheny seconded the motion. 5 3/22/2018

22 Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) 5. FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land Use designation of Mixed Use to approximately acres identified as Tohoqua, located south of Neptune Road, west of Ronald Reagan Turnpike and the C-31 canal, north of Twin Oaks Conservation Area, and east of Macy Island 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 Robin Simmons, Executive Administrative Assistant, read the final public hearing for Ordinance No into the record by title. Mayor Blackwell announced the continuance of this item to the May 10, 2018 council agenda with no response from the audience. Council Member Shroyer made a motion to continue Ordinance No to the May 10, 2018 Council meeting. Deputy Mayor Askew seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) 6. FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a zoning district of MIX Mixed Use, compatible with a Mixed Use Future Land Use designation change, adopted by Ordinance No , for approximately acres identified as Tohoqua, located south of Neptune Road, west of Ronald Reagan Turnpike and the C-31 Canal, north of Twin Oaks Conservation Area, and east of Macy Island 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 Robin Simmons, Executive Administrative Assistant, read the final public hearing for Ordinance No into the record by title. Andre Anderson, Planning & Zoning Director, reviewed the proposed ordinance. Mr. Anderson stated he had received a letter from the applicant that requested this item be continued at the May 10, 2018 Council meeting. Mayor Blackwell announced the continuance of this item on the May 10, 2018 council agenda with no response from the audience. Council Member Shroyer made a motion to continue Ordinance No on the May 10, 2018 Council meeting. Deputy Mayor Askew seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) 6 3/22/2018

23 7. FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, prescribing the manner of holding the Regular Election to be held on the first Tuesday after the first Monday of November each election year, to wit: November 6, 2018 with a Primary Election on August 28, 2018 (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. (Above is full title) ACTION ON ORDINANCE NO Robin Simmons, Executive Administrative Assistant, read the first public hearing for Ordinance No into the record by title. Mayor Blackwell announced Ordinance No with no response from the audience. Deputy Mayor Askew made a motion to approve the first public hearing for Ordinance No Council Member Matheny seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) 8. RESOLUTION NO R, a resolution of the City Council of the City of St. Cloud, Florida, granting a Conditional Use to operate a Child Care Center on lot 6 of the Nolte Road Commercial Park, St. Cloud, Florida, as described in the body of this resolution. (Above is full title) ACTION ON RESOLUTION NO R Robin Simmons, Executive Administrative Assistant, read Resolution No R into the record by title. Andre Anderson, Planning & Zoning Director, reviewed the proposed resolution. Mayor Blackwell announced the public hearing for Resolution No R. Nim Robinson, Bowman Consulting Group, LLC, 4450 W. Eau Gallie Boulevard, Melbourne, stated she was available for any questions. Council Member Matheny stated her concern regarding single family homes with a child care center in their backyard and suggested recommendations for some type of buffers. Ms. Robinson reviewed the type of landscape buffers for the project including canopy trees. Council Member Matheny made a motion to approve Resolution No with a sound study to reduce the impact on existing homeowners. Council Member Cooper seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) 9. RESOLUTION NO R, a resolution of the City Council of the City of St. Cloud, Florida, granting a Conditional Use to operate a Boat, Major Repair at /22/2018

24 Friars Cove Lane, St. Cloud, Florida, as described in the body of this Resolution. (Above is full title) ACTION ON RESOLUTION NO R Robin Simmons, Executive Administrative Assistant, read Resolution No R into the record by title. Andre Anderson, Planning & Zoning Director, reviewed the proposed resolution. He stated the applicant had submitted a letter withdrawing the resolution until such time as the zoning for the property be corrected. He stated they also had added a second conditional use. Mayor Blackwell announced the public hearing for Resolution No R. Council Member Matheny, stated for the record, I m in support of this use, but I m looking out for the existing single family homes that surround this property. To require that the applicant make all the repairs happen indoors and not in the open yard which would mitigate the sound. I would also want to make sure we have good buffering for the surrounding single family homes. Council Member Shroyer made a motion to continue Resolution No R. Council Member Cooper seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) IX. Council Action 1. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, amending the Policies & Procedures for the Cemetery and Burials at Mount Peace Cemetery. Robin Simmons, Executive Administrative Assistant, read Resolution No R into the record by title. Stephanie Holtkamp, Parks & Recreation Director, reviewed the proposed resolution. City Manager Sturgeon stated he approved of staff recommendations with the exception of allowing Mr. Knowles; the placement of slabs for all family members. Mayor Blackwell announced the public hearing for Resolution No R. John Knowles, stated there were seven (7) sites for his family at Mount Peace. Council Member Shroyer made a motion to approve Resolution No R as amended by the City Manager. Council Member Cooper seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) 8 3/22/2018

25 2. Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, approving a Water & Wastewater Service Agreement from Pulte Home Corporation, a residential development named Lakeshore at Narcoossee Phase IV located in the unincorporated area of Osceola County North of Constance Blvd. and south of Deerfield St. on the west side of N. Narcoossee Rd., authorizing the City Manager to execute the agreement; and providing an effective date. Robin Simmons, Executive Administrative Assistant, read Resolution No R into the record by title. Dianna Rawleigh, Public Works Director, reviewed the proposed resolution. Mayor Blackwell announced the public hearing for Resolution No R. Brock Althafer, Osceola Engineering, Inc., 1003 Florida Avenue, stated he represented the applicant and was available for questions. Hughette Crumpler, 300 Michigan Avenue, questioned the lot size and water availability. She requested a workshop. Council Member Shroyer made a motion to approve Resolution No R. Deputy Mayor Askew seconded the motion. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 4-1) Council Member Cooper voted nay. 3. Request Council's approval of a Mixed Use Conceptual Master Plan/ Concept Plan for the project identified as Tohoqua. Dan Mantzaris, City Attorney advised Council that due to the continuance of the annexation, earlier in this meeting no action would be necessary on this item at this time. 4. Discussion and possible action regarding the 17th Street extension. Dianna Rawleigh, Public Works Director, reviewed the action and requested further direction from Council. Council Member Matheny discussed the benefits of obtaining the extension. Council Member Shroyer discussed the negativities of the project. Council Member Matheny made a motion to have staff negotiate an agreement with the property owner for the right-of-way. Deputy Mayor Askew seconded the motion. Mayor Blackwell announced the item to the audience for the discussion regarding 17 th street extension, with no input. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 3-2) Council Member Shroyer and Council Member Cooper voted nay. 9 3/22/2018

26 5. Discussion and possible action to nominate an individual to serve as President of the St. Cloud Citizen's Foundation. Andy St. Denis, 1023 Pennsylvania Avenue, reviewed the history of the foundation. Deputy Mayor Askew nominated Mayor Blackwell as President of the St. Cloud Citizen s Foundation. Council Member Matheny seconded the motion. City Attorney Mantzaris stated the original goal of the Foundation was to involve citizens from the community as well as City Hall staff. This would provide a larger scope of grant possibilities. Mr. Mantzaris also suggested recruiting additional members from the community. Mayor Blackwell called for roll call. After roll call by City Clerk, Linda Jaworski motion carried. (Vote 5-0) IX. City Attorney City Attorney Mantzaris stated he had nothing at the time. X. City Manager City Manager Sturgeon stated he had nothing at the time. XI. Mayor and Council Members Council Member Cooper requested the status of the lead paint study for the power plant. City Manager Sturgeon, stated the study showed there was lead paint in the building and needed to follow up with the federal guidelines for remediation. He stated staff would come back to Council if there was a significant cost. Deputy Mayor Askew stated he had nothing at the time. Council Member Shroyer stated he had nothing at the time. Council Member Matheny stated she had nothing at the time. Mayor Blackwell stated he had nothing at the time. XIII. Information Section and Report Section Mayor Blackwell read the following: Thursday, March 29, City Council Workshop - 6:00 City Hall, Council Chambers Thursday, April 12, City Council Meeting - 6:30 City Hall, Council Chambers 10 3/22/2018

27 Reports: Warrant List #9 XIV. Adjournment: 8:10 p.m. Mayor Nathan Blackwell ATTEST: City Clerk, Linda P. Jaworski Minutes Approved: 11 3/22/2018

28 AGENDA First Reading: Item # VII. B. Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 06/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Resolution R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the City of St. Cloud Public Services Department under the Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) funds for the purpose of design, permitting, and installation of Esprit Ponds flood control improvements and modifications and authorizing the Grants Administrator to submit the grant application. The City of St. Cloud Public Services Department recognizes that it is in the best interest of the overall welfare of the citizens to reduce or eliminate the risks to residents and businesses from natural disaster. Therefore requests approval to submit a HMGP grant application requesting funds for the design, permitting and installation of improvements to lower the control elevation and modifications to outfall structures at Esprit Ponds. The Esprit Subdivision roadways are impacted by high pond elevations after extended periods of rain, flooding the roadways. After such events pumping of the ponds is regularly required to get the water out of the roadways. The Esprit neighborhood consists of 135 single-family homes with approximately 650 trips per day on the main thoroughfare of the community, Esprit Lane. These improvements will reduce flooding and potential damages to residents as well as the traveling population in the Esprit Subdivision and the roads will remain passable after such events. The proposed project will also reduce/eliminate the impact on the roadways after extended rain periods; minimizing the impacts on the health, safety and welfare of the community s residents. This grant opportunity provides 75% of the total project cost and the Public Services Department is prepared to meet the 25% match requirement. STRATEGIC PLAN GOAL: Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. Public Service: To ensure cost effective service while providing a high level of service to our internal and external customers. COST: Budgeted Amount $50,000.00; Grant Request $150, ;

29 COST OF PROJECT: City Match $50,000, Grant Request $150,000, Total Cost of Project $200,000 TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: True FINANCE DIRECTOR'S COMMENTS: The Finance Director concurs with the Department for a resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the City of St. Cloud Public Services Department under the Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) funds for the purpose of design, permitting, and installation of Esprit Ponds flood control improvements and modifications and authorizing the Grants Administrator to submit the grant application. The City's match would be $50,000. The grant request is for $150,000 for a total cost of project at $200,000. PURCHASING MANAGER'S COMMENTS: CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval.

30 CITY COUNCIL ACTION: 06/28/2018 ATTACHMENTS: Description Staff Report to City Council Resolution No R Resolution No R

31 To: From: MEMORANDUM REPORT FOR CITY COUNCIL JUNE 28, 2018 Mayor Blackwell and Council Members Charlene Kuhn, Grants Administrator Subject: Resolution No R Date: June 28, 2018 REQUEST: A resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the City of St. Cloud Public Services Department under the Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) funds for the purpose of design, permitting, and installation of Esprit Ponds flood control improvements and modifications and authorizing the Grants Administrator to submit the grant application. BACKGROUND: The City of St. Cloud Public Services Department recognizes that it is in the best interest of the overall welfare of the citizens to reduce or eliminate the risks to residents and businesses from natural disaster. Therefore requests approval to submit a HMGP grant application requesting funds for the design, permitting and installation of improvements to lower the control elevation and modifications to outfall structures at Esprit Ponds. The Esprit Subdivision roadways are impacted by high pond elevations after extended periods of rain, flooding the roadways. After such events pumping of the ponds is regularly required to get the water out of the roadways. The Esprit neighborhood consists of 135 single-family homes with approximately 650 trips per day on the main thoroughfare of the community, Esprit Lane. These improvements will reduce flooding and potential damages to residents as well as the traveling population in the Esprit Subdivision and the roads will remain passable after such events. The proposed project will also reduce/eliminate the impact on the roadways after extended rain periods; minimizing the impacts on the health, safety and welfare of the community s residents. This grant opportunity provides 75% of the total project cost and the Public Services Department is prepared to meet the 25% match requirement. COST: Budgeted Amount $50,000.00; Grant Request $150, COST OF PROJECT: $200, S t a f f R e p o r t R e s o l u t i o n R

32 STRATEGIC PLAN GOAL: Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. Public Service: To ensure cost effective service while providing a high level of service to our internal and external customers. STAFF RECOMMENDATION: Staff recommends approval of this request. Attachment: Resolution No R. 2 S t a f f R e p o r t R e s o l u t i o n R

33 RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AUTHORIZING THE GRANT APPLICATION BY THE CITY OF ST. CLOUD PUBLIC SERVICES DEPARTMENT UNDER THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM (HMGP) FUNDS FOR THE PURPOSE OF DESIGN, PERMITTING AND INSTALLATION OF ESPRIT PONDS FLOOD CONTROL IMPROVEMENTS AND MODIFICATIONS AND AUTHORIZING THE GRANTS ADMINISTRATOR TO SUBMIT THE GRANT APPLICATION. WHEREAS, Hazard Mitigation Grant Program (HMGP) funds are available as a result of the recent Presidential Disaster Declaration for the State of Florida due to Hurricane Irma; and WHEREAS, HMGP funding is authorized by Section 404 of the Robert T. Stafford Disaster Relief Act. This funding helps communities to implement measures to reduce or eliminate long-term risk to people and property from natural disasters and their effects; and WHEREAS, as of March 9, 2018, Osceola County and its comprising jurisdictions have been allocated HMGP funding in the amount of $5,017, with a required 25% match by the applicants; and WHEREAS, the City of St. Cloud participates in the Local Mitigation Strategy Working Group (LMSWG) along with the Osceola County, the City of Kissimmee and other agencies within the county; and WHEREAS, a Local Mitigation Plan (LMP) must be in place and approved by the State, FEMA, the LMSWG and the included jurisdictions in order for St. Cloud to be eligible for grants under the Hazard Mitigation Grant Program; and WHEREAS, the St. Cloud City Council recognizes the importance of reducing or eliminating these vulnerabilities for the overall good and welfare of the City of St. Cloud, the City of Kissimmee, and the unincorporated areas of Osceola County, and approved the Local Mitigation Plan by Resolution No R on January 15, 2016; and WHEREAS, the City of St. Cloud is therefore eligible to submit a HMGP grant application for the protection of public or private property from natural disasters. The Public Services Department plans to submit a grant application for the design, permitting and installation of flood control improvements and modifications to outfall structures at Esprit Ponds to reduce flooding and potential damages to residents and the traveling population of the Esprit Subdivision. NOW, BE IT RESOLVED by the City Council of the City of St. Cloud, Florida that: SECTION 1: The Hazard Mitigation Program Grant Application by the City of St. Cloud Public Services Department for the purpose of design, permitting and installation to lower 1 Resolution R

34 the control elevation and modifications to outfall structures at Esprit Ponds is hereby authorized. SECTION 2: If awarded, the Public Services Department is prepared to meet the grant s match requirements as well as the subsequent compliance and retention requirements. SECTION 3: The Grants Administrator is authorized to submit the HMGP grant application on behalf of the City of St. Cloud Public Services Department. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida, on this 28 th day of June, CITY OF ST. CLOUD ATTEST: Nathan Blackwell, Mayor Linda Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED. DeBeaubien, Simmons, Knight, Mantzaris & Neal Daniel F. Mantzaris, City Attorney 2 Resolution R

35 AGENDA First Reading: Item # VII. C. Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 06/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the City of St. Cloud Public Services Department under the Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) funds for the purpose of design, permitting, and construction of a pump station at Blackberry Creek Pond and authorizing the Grants Administrator to submit the application. The City of St. Cloud Public Services Department recognizes that it is in the best interest of the overall welfare of the citizens to reduce or eliminate the risks to residents and businesses from natural disaster. Therefore requests approval to submit a HMGP grant application requesting funds for the design, permitting and construction of a pump station at the Blackberry Creek Pond. After significant rain events, when the C-31 canal is flowing full, Blackberry Creek's ponds are impacted. This creates increased floodwaters into the roadways and yards of Blackberry Creek and Pemberley Pines Subdivisions as well as for the traveling population on nearby Commerce Center Dr. The proposed project will reduce/eliminate the impact on the roadways and residential areas after extended rain periods; minimizing the the impacts on the health, safety and welfare of the community s residents and visitors. These improvements will reduce flooding and potential damages to residents, businesses and traveling population in these subdivisions and on the Commerce Center Drive. This grant opportunity provides 75% of the total project cost and the Public Services Department is prepared to meet the 25% match requirement. STRATEGIC PLAN GOAL: Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. Public Service: To ensure cost effective service while providing a high level of service to our internal and external customers. Cost: Budgeted Amount $87,500.00; Grant Request $262,500.00, Total Project Cost $350, COST OF PROJECT:

36 Grant Match $87,500, Grant Request $262,500, Total Project $350,000 TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: True FINANCE DIRECTOR'S COMMENTS: The Finance Director concurs with the Department for a resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the City of St. Cloud Public Services Department under the Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) funds for the purpose of design, permitting, and construction of a pump station at Blackberry Creek Pond and authorizing the Grants Administrator to submit the application. This grant opportunity provides 75% or $262,500 of the total project cost and the Public Services Department is prepared to meet the 25% or $87,500 match requirement. PURCHASING MANAGER'S COMMENTS: CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval.

37 CITY COUNCIL ACTION: 06/28/2018 ATTACHMENTS: Description Staff Report to City Council Resolution No R Resolution No R

38 To: From: MEMORANDUM REPORT FOR CITY COUNCIL June 28, 2018 Mayor Blackwell and Council Members Charlene Kuhn, Grants Administrator Subject: Resolution No R Date: June 28, 2018 REQUEST: A resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the City of St. Cloud Public Services Department under the Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) funds for the purpose of design, permitting, and construction of a pump station at Blackberry Creek Pond and authorizing the Grants Administrator to submit the grant application. BACKGROUND: The City of St. Cloud Public Services Department recognizes that it is in the best interest of the overall welfare of the citizens to reduce or eliminate the risks to residents and businesses from natural disaster. Therefore requests approval to submit a HMGP grant application requesting funds for the design, permitting and construction of a pump station at the Blackberry Creek Pond. After significant rain events, when the C-31 canal is flowing full, Blackberry Creek's ponds are impacted. This creates increased floodwaters into the roadways and yards of Blackberry Creek and Pemberley Pines Subdivisions as well as for the traveling population on nearby Commerce Center Dr. The proposed project will reduce/eliminate the impact on the roadways and residential areas after extended rain periods; minimizing the the impacts on the health, safety and welfare of the community s residents and visitors. These improvements will reduce flooding and potential damages to residents, businesses and traveling population in these subdivisions and on the Commerce Center Drive. This grant opportunity provides 75% of the total project cost and the Public Services Department is prepared to meet the 25% match requirement. COST: Budgeted Amount $87,500.00; Grant Request $262, COST OF PROJECT: $350, S t a f f R e p o r t R e s o l u t i o n R

39 STRATEGIC PLAN GOAL: Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. Public Service: To ensure cost effective service while providing a high level of service to our internal and external customers. STAFF RECOMMENDATION: Staff recommends approval of this request. Attachment: Resolution No R. 2 S t a f f R e p o r t R e s o l u t i o n R

40 RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA AUTHORIZING THE GRANT APPLICATION BY THE CITY OF ST. CLOUD PUBLIC SERVICES DEPARTMENT UNDER THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM (HMGP) FUNDS FOR THE PURPOSE OF DESIGN, PERMITTING AND CONSTRUCTION OF A PUMP STATION AT BLACKBERRY CREEK POND AND AUTHORIZING THE GRANTS ADMINISTRATOR TO SUBMIT THE GRANT APPLICATION. WHEREAS, Hazard Mitigation Grant Program (HMGP) funds are available as a result of the recent Presidential Disaster Declaration for the State of Florida due to Hurricane Irma; and WHEREAS, HMGP funding is authorized by Section 404 of the Robert T. Stafford Disaster Relief Act. This funding helps communities to implement measures to reduce or eliminate longterm risk to people and property from natural disasters and their effects; and WHEREAS, as of March 9, 2018, Osceola County and its comprising jurisdictions have been allocated HMGP funding in the amount of $5,017, with a required 25% match by the applicants; and WHEREAS, the City of St. Cloud participates in the Local Mitigation Strategy Working Group (LMSWG) along with the Osceola County, the City of Kissimmee and other agencies within the county; and WHEREAS, a Local Mitigation Plan (LMP) must be in place and approved by the state, FEMA, the LMSWG and the included jurisdictions in order for St. Cloud to be eligible for grants under the Hazard Mitigation Grant Program; and WHEREAS, the St. Cloud City Council recognizes the importance of reducing or eliminating these vulnerabilities for the overall good and welfare of the City of St. Cloud, the City of Kissimmee, and the unincorporated areas of Osceola County, and approved the Local Mitigation Plan by Resolution No R on January 15, 2016; and WHEREAS, the City of St. Cloud is therefore eligible to submit a HMGP grant application for the protection of public or private property from natural disasters and plan to submit for the design, permitting and construction of a pump station at the Blackberry Creek Pond to reduce flooding and potential damages to residents as well as the traveling population in the Blackberry Creek and Pemberley Pines Subdivisions and the nearby Commerce Center Drive. NOW, BE IT RESOLVED by the City Council of the City of St. Cloud, Florida that: 1 Resolution R

41 SECTION 1: The Hazard Mitigation Program Grant Application by the City of St. Cloud Public Services Department for the purpose of design, permitting and constructing a pump station at the Blackberry Creek Pond is hereby authorized. SECTION 2: If awarded, the Public Services Department is prepared to meet the grant s match requirements as well as the subsequent compliance and retention requirements. SECTION 3: The Grants Administrator is authorized to submit the HMGP grant application on behalf of the City of St. Cloud Public Services Department. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida, on this 28 th day of June, CITY OF ST. CLOUD ATTEST: Nathan Blackwell, Mayor Linda Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED. DeBeaubien, Simmons, Knight, Mantzaris & Neal Daniel F. Mantzaris, City Attorney 2 Resolution R

42 AGENDA First Reading: Item # VII. D. Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 06/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the City of St. Cloud Public Services Department under the Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) funds for the purpose of design, permitting and construction of the 17 th Street drainage improvements and authorizing the Grants Administrator to submit the grant application. The City of St. Cloud Public Services Department recognizes that it is in the best interest of the overall welfare of the citizens to reduce or eliminate the risks to residents and businesses from natural disaster. Therefore requests approval to submit a HMGP grant application requesting funds for the design, permitting and construction of drainage improvements on 17 th Street. The existing drainage system along 17 th Street consists of open ditches and stormwater network pipes. The areas along the open ditches have repetitively experienced roadways flooding during extended rain events and larger storm events such as hurricanes. This flooding is a hindrance for emergency vehicle access as well as access for occupants of residences along this roadway. The proposed project will provide protection against flooding to the homeowners along this corridor and provide improved access for emergency vehicles and residents. The improved drainage system will handle flooding from major storm events in a timely manner removing the hazards of standing water. Thus, minimizing the impacts on the health, safety and welfare of the community s residents and visitors. These improvements will reduce roadway flooding and potential damages to residents and business as well as the traveling population on 17 th Street. This grant opportunity provides 75% of the total project cost and the Public Services Department is prepared to meet the 25% match requirement. STRATEGIC PLAN GOAL: Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. Public Service: To ensure cost effective service while providing a high level of service to our internal and external customers. COST: Budgeted Amount $350,000; Grant Request: $1,050, COST OF PROJECT:

43 City Match $350,000, Grant Request $1,050,000, Total Project $1,400, TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: True FINANCE DIRECTOR'S COMMENTS: The Finance Director concurs with the Department for a resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the City of St. Cloud Public Services Department under the Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) funds for the purpose of design, permitting and construction of the 17 th Street drainage improvements and authorizing the Grants Administrator to submit the grant application. The City's match would be budgeted at $350,000 and the grant request is $1,050,000. PURCHASING MANAGER'S COMMENTS: Procurement Director recommends approval. CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval.

44 CITY COUNCIL ACTION: 06/28/2018 ATTACHMENTS: Description Staff Report to City Council Resolution No R Resolution No R

45 To: From: MEMORANDUM REPORT FOR CITY COUNCIL JUNE 28, 2018 Mayor Blackwell and Council Members Charlene Kuhn, Grants Administrator Subject: Resolution No R Date: June 28, 2018 REQUEST: A resolution of the City Council of the City of St. Cloud, Florida, authorizing the grant application by the City of St. Cloud Public Services Department under the Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) funds for the purpose of design, permitting and construction of the 17 th Street drainage improvements and authorizing the Grants Administrator to submit the grant application. BACKGROUND: The City of St. Cloud Public Services Department recognizes that it is in the best interest of the overall welfare of the citizens to reduce or eliminate the risks to residents and businesses from natural disaster. Therefore requests approval to submit a HMGP grant application requesting funds for the design, permitting and construction of drainage improvements on 17 th Street. The existing drainage system along 17 th Street consists of open ditches and stormwater network pipes. The areas along the open ditches have repetitively experienced roadways flooding during extended rain events and larger storm events such as hurricanes. This flooding is a hindrance for emergency vehicle access as well as access for occupants of residences along this roadway. The proposed project will provide protection against flooding to the homeowners along this corridor and provide improved access for emergency vehicles and residents. The improved drainage system will handle flooding from major storm events in a timely manner removing the hazards of standing water. Thus, minimizing the impacts on the health, safety and welfare of the community s residents and visitors. These improvements will reduce roadway flooding and potential damages to residents and business as well as the traveling population on 17 th Street. This grant opportunity provides 75% of the total project cost and the Public Services Department is prepared to meet the 25% match requirement. COST: Budgeted Amount $350,000.00; Grant Request $1,050, Staff Report Resolution No R

46 COST OF PROJECT: $1,400, STRATEGIC PLAN GOAL: Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. Public Service: To ensure cost effective service while providing a high level of service to our internal and external customers. STAFF RECOMMENDATION: Staff recommends approval of this request. Attachment: Resolution No R. 2 Staff Report Resolution No R

47 RESOLUTION NUMBER NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA AUTHORIZING THE GRANT APPLICATION BY CITY OF ST. CLOUD PUBLIC SERVICES DEPARTMENT UNDER THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM (HMGP) FUNDS FOR THE PURPOSE OF DESIGN, PERMITTING AND CONSTRUCTION OF THE 17 th STREET DRAINAGE IMPROVEMENTS AND AUTHORIZING THE GRANTS ADMINISTRATOR TO SUBMIT THE GRANT APPLICATION. WHEREAS, Hazard Mitigation Grant Program (HMGP) funds are available as a result of the recent Presidential Disaster Declaration for the State of Florida due to Hurricane Irma; and WHEREAS, HMGP funding is authorized by Section 404 of the Robert T. Stafford Disaster Relief Act. This funding helps communities to implement measures to reduce or eliminate longterm risk to people and property from natural disasters and their effects; and WHEREAS, as of March 9, 2018, Osceola County and its comprising jurisdictions have been allocated HMGP funding in the amount of $5,017, with a required 25% match by the applicants; and WHEREAS, the City of St. Cloud participates in the Local Mitigation Strategy Working Group (LMSWG) along with Osceola County, the City of Kissimmee and other agencies within the county; and WHEREAS, a Local Mitigation Plan (LMP) must be in place and approved by the state, FEMA, the LMSWG and the included jurisdictions in order for St. Cloud to be eligible for grants under the Hazard Mitigation Grant Program; and WHEREAS, the St. Cloud City Council recognizes the importance of reducing or eliminating these vulnerabilities for the overall good and welfare of the City of St. Cloud, the City of Kissimmee, and the unincorporated areas of Osceola County, and approved the Local Mitigation Plan by Resolution No R on January 15, 2016; and WHEREAS, the City of St. Cloud is therefore eligible to submit a HMGP grant application for the protection of public or private property from natural disasters and plans to submit for the design, permitting and construction of drainage improvements on 17 th Street to reduce the roadway flooding and potential damages to residential and business properties as well as the traveling population. NOW, BE IT RESOLVED by the City Council of the City of St. Cloud, Florida that: 1 Resolution R

48 SECTION 1: The Hazard Mitigation Program Grant Application by the City of St. Cloud Public Services Department for the purpose of design, permitting and construction of drainage improvements on 17 th Street is hereby authorized. SECTION 2: If awarded, the Public Services Department is prepared to meet the grant s match requirements as well as the subsequent compliance and retention requirements. SECTION 3: The Grants Administrator is authorized to submit the HMGP grant application on behalf of the City of St. Cloud Public Services Department. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida, on this 28 th day of June, CITY OF ST. CLOUD ATTEST: Nathan Blackwell, Mayor Linda Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED. DeBeaubien, Simmons, Knight, Mantzaris & Neal Daniel F. Mantzaris, City Attorney 2 Resolution R

49 AGENDA First Reading: Item # VII. E. Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 06/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Resolution No R,a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a first amendment to the Interlocal Agreement of Cooperation between Osceola County and the City of St. Cloud, Florida, Relating to the Community Development Block Grant Program and the HOME Investment Partnership program, dated July 19, 2015 and providing for an effective date. The City of St. Cloud entered into an Interlocal Agreement with Osceola County by Resolution R on July 19, 2015 relating to the Community Development Block Grant (CDBG) and Home Investment Partnership Program for Federal Fiscal Years 2016, 2017 and The Interlocal Agreement was incorrectly dated with a termination date of September 30, 2020 and Osceola County has requested to amend the Interlocal Agreement to reflect the proper date of September 30, The City of St. Cloud receives CDBG funds and does not receive HOME funds at this time. The terms of this Agreement will remain the same and in effect until the CDBG funds received with respect to the three-year qualification period, Federal Fiscal Years 2016, 2017, and 2018 are fully expended and the funded activities are complete. The COUNTY and the CITY may not terminate or withdraw from the Agreement during the three-year qualification period covered by the Agreement. STRATEGIC PLAN GOAL: Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. COST: No cost associated with this item. COST OF PROJECT: No cost associated.

50 TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: The Finance Director concurs with the Department for a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a first amendment to the Interlocal Agreement of Cooperation between Osceola County and the City of St. Cloud, Florida, for the Community Development Block Grant Program and the HOME Investment Partnership program. On July 19, 2015, the City of St. Cloud entered into an Interlocal Agreement with Osceola County by Resolution R relating to the Community Development Block Grant (CDBG) and Home Investment Partnership Program for Federal Fiscal Years 2016, 2017 and The Interlocal Agreement was incorrectly dated with a termination date of September 30, 2020 and Osceola County has requested to amend the Interlocal Agreement to reflect the proper date of September 30, The City of St. Cloud receives CDBG funds but does not receive HOME funds at this time. No cost is associated with this item. PURCHASING MANAGER'S COMMENTS: CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval.

51 CITY COUNCIL ACTION: 06/28/2018 ATTACHMENTS: Description Staff Report to City Council Resolution No R Resolution No R Amendment #1 CDBG Interlocal Agreement

52 To: From: MEMORANDUM REPORT FOR CITY COUNCIL JUNE 28, 2018 Mayor Blackwell and Council Members Charlene Kuhn, Grants Administrator Subject: Resolution No R Date: June 28, 2018 REQUEST: A resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a first amendment to the Interlocal Agreement of Cooperation between Osceola County and the City of St. Cloud, Florida, Relating to the Community Development Block Grant Program and the HOME Investment Partnership program, dated July 19, 2015 and providing for an effective date. BACKGROUND: The City of St. Cloud entered into an Interlocal Agreement with Osceola County by Resolution R on July 19, 2015 relating to the Community Development Block Grant (CDBG) and Home Investment Partnership Program for Federal Fiscal Years 2016, 2017 and The Interlocal Agreement was incorrectly dated with a termination date of September 30, 2020 and Osceola County has requested to amend the Interlocal Agreement to reflect the proper date of September 30, The City of St. Cloud receives CDBG funds and does not receive HOME funds at this time. The terms of this Agreement will remain the same and in effect until the CDBG funds received with respect to the three-year qualification period, Federal Fiscal Years 2016, 2017, and 2018 are fully expended and the funded activities are complete. The COUNTY and the CITY may not terminate or withdraw from the Agreement during the three-year qualification period covered by the Agreement. COST: There is no cost associated with this item. STRATEGIC PLAN GOAL: Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. STAFF RECOMMENDATION: Staff recommends approval of this request. Attachment: Resolution No R. 1 S t a f f R e p o r t R e s o l u t i o n R

53 RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A FIRST AMENDMENT TO THE INERLOCAL AGREEMENT OF COOPERATION BETWEEN OSCEOLA COUNTY AND THE CITY OF ST. CLOUD, FLORIDA, RELATING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE HOME INVESTMENT PARTERNSHIP PROGRAM, DATED JULY 19, 2015 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City entered into an Interlocal Agreement with Osceola County relating to the Community Development Block Grant (CDBG) and HOME Investment Partnership Program for Federal Fiscal Years 2016, 2017, and 2018 by Resolution No R on July 9, 2015; WHEREAS, Osceola County approved the Community Development Block Grant (CDBG) and HOME Investment Partnership Program Interlocal Agreement on August 3, 2015 for Federal Fiscal Years 2016, 2017, 2018 through September 30, 2020; and WHEREAS, Osceola County desires to amend the Interlocal Agreement to correctly reflect the termination date through September 30, 2019; and WHEREAS, the term of the Agreement shall extend from the date of execution through September 30, 2019; however, the terms of this Agreement will remain in effect until the CDBG, or HOME where applicable, funds and program income received with respect to the three-year qualification period, Federal Fiscal Years 2016, 2017, and 2018 are fully expended and the funded activities are complete. The COUNTY and the CITY may not terminate or withdraw from the Agreement during the three-year qualification period covered by the Agreement. NOW THEREFOR BE IT RESOLVED by the City Council of the City of St. Cloud, Florida SECTION I. The Mayor is authorized to enter into the amended Interlocal agreement for Federal Fiscal Years 2106, 2017, and SECTION II. The City Manager or his designee is hereby authorized to execute all documents required in connection with the implementation and execution of the Interlocal Agreement. SECTION III. This resolution shall take effect upon adoption by both parties and shall amend the current Interlocal Agreement to reflect a termination date of September 30, R e s o l u t i o n R

54 PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida,on the 28 th day of June, ATTEST: Nathan Blackwell, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMMONS, MANTZARIS & NEAL Daniel F. Mantzaris, City Attorney 2 R e s o l u t i o n R

55 AMENDMENT #1 TO THE INTERLOCAL AGREEMENT OF COOPERATION BETWEEN OSCEOLA COUNTY AND THE CITY OF ST. CLOUD, FLORIDA RELATING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIP PROGRAM THIS AMENDMENT is made and entered between Osceola County, a political subdivision of the State of Florida, 1 Courthouse Square, Kissimmee, Florida 34741, hereinafter referred to as the COUNTY, and the CITY OF ST. CLOUD, a municipal corporation pursuant to the laws of the State of Florida, and it successors and assigns, 1300 Ninth Street, St, Cloud, Florida 34769, hereinafter called the CITY. W I T N E S S E T H: WHEREAS, the parties desire to amend the Interlocal Agreement to correctly reflect the termination date; NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties agree to amend the Interlocal Agreement as follows: Section 15. The term of this Agreement shall extend from the date of execution through September 30, 2019; however, the terms of this Agreement will remain in effect until the CDBG, or HOME where applicable, funds and program income received, with respect to the three-year qualification period, Federal Fiscal Years 2016, 2017, and 2018 are fully expended and the funded activities are complete. The COUNTY and the CITY may not terminate or withdraw from the Agreement during the three-year qualification period covered by the Agreement. 1. These changes shall be effective upon this Amendment being executed by both parties. 2. The terms and conditions of the original Agreement and any subsequent Amendment(s) shall remain in full force and effect. To the extent of any conflict between this Amendment and the original Agreement or any Amendment(s) thereto, the terms and conditions of this Amendment shall prevail.

56 IN WITNESS WHEREOF, the parties hereto have, though their duly authorized representatives, approved and executed this Amendment as of the date set forth below. BOARD OF COUNTY COMMISSIONERS OF OSCEOLA COUNTY, FLORIDA By: Chairman/Vice-Chairman CITY COUNCIL CITY OF ST. CLOUD By: Mayor 2

57 AGENDA First Reading: Item # VII. F. Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. DATE OF MEETING: JUNE 28, 2018 Resolution No. Final Action: 6/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, approving an agreement, a Master Facility User Agreement with Arrow International, Inc. For the use of specified city facilities as set forth in the agreement for purposes of medical educational training, authorizing the Mayor to execute the Master Facility User Agreement, the City Manager to approve Specific Venue Use Authorization Agreements and providing for an effective date. COST OF PROJECT: No Cost Associated With This Item TITLE / HEADER see above BACKGROUND INFORMATION: This training was requested by the Fire Departments Medical Director, to allow for realistic training that is essential for patient care and exemplary training for personnel. LEGAL AUTHORITY: see above BUDGET AND RECOMMENDATION:

58 see above IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval. CITY COUNCIL ACTION: 6/28/2018 ATTACHMENTS: Description Staff Report For Resolution No R Resolution No R Agreement To Resolution No R

59 To: From: MEMORANDUM REPORT FOR CITY COUNCIL JUNE 28, 2018 Mayor Blackwell and Council Members Joe Silvestris, Fire Chief Subject: Resolution No R Date: June 28, 2018 REQUEST: Resolution No R, is an agreement to allow training to Fire Department and Hospital medical personnel allowing for improved medical services to residents and visitors. BACKGROUND: St. Cloud Fire Rescue runs thousands of medical calls every year. Our goal is to provide the highest level of medical care to our residents and visitors in the City of St. Cloud. This training will update and enhance Advance Life Support (ALS) skills for our fire department employees. The City s Medical Director deems this training as necessary to keep abreast of the latest treatments and equipment for future patients. COST: There is no cost associated with this item. STAFF RECOMMENDATION: Staff recommends APPROVAL of Resolution No R with an effective date of June Attachment: Resolution No R and Agreement

60 RESOLUTION NUMBER NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, APPROVING AN AGREEMENT A MASTER FACILITY USER AGREEMENT WITH ARROW INTERNATIONAL, INC. FOR THE USE OF SPECIFIED CITY FACILITIES AS SET FORTH IN THE AGREEMENT FOR PURPOSES OF MEDICAL EDUCATIONAL TRAINING, AUTHORIZING THE MAYOR TO EXECUTE THE MASTER FACILITY USER AGREEMENT, THE CITY MANAGER TO APPROVE SPECIFIC VENUE USE AUTHORIZATION AGREEMENTS AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Cloud, Florida, as follows: SECTION I. The City Council of the City of St. Cloud, Florida, hereby approves a Master Facility Use Agreement with Arrow International, Inc. to be used for medical educational training as more particularly described in Exhibit A attached hereto and incorporated herein. SECTION II. The Mayor is authorized to execute the agreement set forth in Exhibit A. The City Manager is hereby authorized to approve and execute specific venue use authorization agreements as needed during the term of the Master Facility Use Agreement and in accordance and consistent with the terms of the agreement. SECTION III. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida, on this 28th day of June, CITY OF ST. CLOUD ATTEST: Mayor, Nathan Blackwell Linda Jaworski, City Clerk Approved as to form and legal if adopted, City Attorney, Daniel F. Mantzaris

61 MASTER FACILITY RENTAL AGREEMENT This Master Facility Rental Agreement ( Agreement ) is made and entered into on _June 13, 2017 ( Effective Date ) by and between Arrow International, Inc., with a place of business at 2400 Bernville Road Reading, PA ( Company ) and City of St. Cloud_ ( Provider ) with a place of business at _1300 Ninth St. St. Cloud, FL 34769_. The Company and Provider are collectively referred to as the Parties and, at times throughout this Agreement, individually as the Party. RECITALS WHEREAS, Provider provides facilities for workshops, seminars, and other programs for medical educational training with human and/or animal anatomical tissue specimens at its training facility ( Facility ); and WHEREAS, Company organizes or sponsors such programs and desires to utilize the Facility to conduct training programs from time to time as mutually agreed to by the parties and set forth on individual Schedules to be agreed upon by the parties and periodically attached to this Agreement (each, a Program ) on the dates for each Program as set forth in each applicable Schedule (each, a Rental Period ), subject to the terms and conditions of this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged the Parties agree as follows: 1. FACILITY RENTAL; PROVIDER SERVICES. (a) As a master form of contract, this Agreement allows the Company to contract with Provider for multiple Programs through the issuance of Schedules as described in Section 1(b) below, without having to re-negotiate the basic terms and conditions contained in this Agreement. (b) The Parties will separately negotiate and set forth the specific details of each Program under this Agreement in writing on terms and in a form acceptable to and signed by an authorized representative of each Party (a Schedule ). A sample Schedule is attached to this Agreement as Schedule A. Each Schedule will include, as appropriate, the description of Program, the services that Provider will be providing, dates and duration of the Program, budget and payment schedule. Each Schedule shall be subject to all of the terms and conditions of this Agreement, in addition to the specific details set forth in the Schedule. To the extent that any terms or provisions of a Schedule conflict with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control, except to the extent that the applicable Schedule expressly and specifically states that the Schedule supersedes the Agreement on a specific matter. All Schedules, once signed by an authorized representative of each Party, together with any exhibits, will be incorporated and made part of this Agreement by reference. (c) Company shall have access to the Facility from the Program start time to the Program end time, which includes reasonable time for setup and breakdown before and after the Program. Company shall not use the Facility for any purposes other than to setup, conduct and breakdown the Program. Company shall have access to the designated Program area, restrooms and all other common areas. (d) The Facility rented to Company for the Program, and the services provided by Provider in connection with the Program as set forth in this Agreement does not exceed that which is reasonably necessary to accomplish the commercially reasonable business purposes of this Agreement. (e) The parties agree that all individuals brought to Provider s Facility by Company must comply with all of Provider s applicable policies, procedures, directives, and instructions. Failure to do so may result in Provider s requirement that such individual be removed from the Facility and terminate their participation in a Program. Arrow Facility Agreement rev Page 1 of 8

62 2. EQUIPMENT AND SUPPLIES. Company will provide the products listed in the applicable Schedule, which products shall remain the exclusive property of Arrow. 3. PROVISION OF HUMAN SPECIMENS. Each Schedule shall indicate which Party is responsible for providing human anatomic specimens ( Specimens ). Additional terms for Company-provided Specimens are set forth in Schedule B. Additional terms for Provider-provided Specimens are set forth in Schedule C. 4. FEES. The fees for the use of the Facility are set forth in each applicable Schedule, which is inclusive of institutional overhead and related expenses. The Fee amount shall only change if Provider performs different and/or additional services from that set forth herein and/or in the applicable Schedule pursuant to Company s written request, and as mutually agreed to by the parties in writing. 5. VALUABLES. Company acknowledges that Provider will not be responsible for the loss, damage or destruction of any valuables brought onto the Facility. 6. REPRESENTATIONS AND WARRANTIES. (a) Provider represents and warrants that: (i) it has full right and authority to enter into and be bound by all of the terms and conditions of this Agreement, and has the necessary resources, licenses, permits and qualifications to perform its obligations hereunder; (ii) it shall comply with all applicable laws and regulations governing the use of the Facility and the conduct of the Program. (b) Company represents and warrants that: (i) it has full right and authority to enter into and be bound by all of the terms and conditions of this Agreement; and (ii) it shall comply with all applicable laws and regulations governing the conduct of the Program. 7. INDEMNIFICATION. (a) To the extent provided by applicable law, each Party shall indemnify, defend and hold harmless the other Party, its directors, officers, employees, agents, contractors, affiliates, successors and assigns (collectively, Indemnitees ), from and against any and all liability, loss, claim, damage, injury or expenses (including reasonable attorneys fees) (each, a Claim ) claimed from or against the Indemnitees by non-governmental parties unrelated to the Indemnitees and arising out of damage to or loss of any property or the death of or bodily injury to any person arising from the negligence of the indemnifying Party, even in the event of the joint negligence by the Indemnitees, but only to the extent of the indemnifying Party s actual, proportionate negligence. Nothing herein shall act as or be construed as a waiver of any sovereign immunity that Provider may enjoy. (b) The indemnifying Party shall select counsel of its choice and control the defense and settlement of any such claim. The Indemnitees may participate and retain separate counsel at its own expense. Neither Party shall settle any claim that imposes any liability or obligation on the other Party without that Party s prior written consent. The terms of this provision shall survive termination or expiration of this Agreement. 8. INSURANCE. Each Party shall have the following insurance policies: (i) comprehensive general liability insurance including bodily injury and property damage liability and completed operations liability in an amount not less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate and (ii) workers compensation insurance for all employees in compliance with state law. Each Party shall provide proof of insurance as requested by the other Party. 9. TERM; TERMINATION. (a) The term of this Agreement shall commence on the Effective Date and shall terminate on _6/13/2019, unless earlier terminated pursuant to this Section 9. Arrow Facility Agreement rev Page 2 of 8

63 (b) Company may terminate this Agreement (thereby canceling any pending Program) for any reason or no reason upon thirty (30) days prior written notice to Provider. Upon such termination, Company shall pay (i) any then outstanding unpaid fees and (ii) any reasonable unrecouped out-of-pocket costs incurred by Provider in connection with cancelled pending Programs. (c) Provider may terminate this Agreement and/or any specific Program on thirty (30) days notice prior to the scheduled date of any Program and, upon such termination, Provider shall return the full amount of any pre-paid amounts by Company. (d) Either Party may terminate this Agreement without further liability upon a material breach of this Agreement by the other Party by providing written notice of such breach to the other Party, which breach is not cured within thirty (30) days after notification of such breach. Upon termination by Company as a result of a material breach by Provider, Provider shall return any pre-paid amounts to Company. 10. PUBLICITY. Except as may be otherwise set forth herein, neither Party shall make use of the name, trademark, and/or logo of the other party for any purpose without the prior written consent of the other Party. 11. FORCE MAJEURE. Neither Party shall be liable for damages of any kind due to delay or failure to perform any obligation under this Agreement if such delay or failure results directly or indirectly from circumstances beyond its control. Such circumstances shall include, but shall not be limited to, acts of God, acts of war, civil commotions, riots, strikes, lockouts, acts of the government, disruption of telecommunications transmissions, accident, fire, water damages, flood, earthquake or other natural catastrophe. 12. NOTICES. Whenever notices are required or permitted under this Agreement, they shall be given by personal delivery, or registered or certified mail, return receipt requested, and postage prepaid, or sent by federal overnight courier to addresses set forth below, unless otherwise specified from time to time. Service of any such notice shall be deemed complete as of the day of actual delivery as shown by the addressee s registry or certification receipt or the expiration of the third day after the date of mailing, whichever occurs first. Arrow International, Inc. City of St. Cloud Attn: Vice President of Clinical Affairs 1300 Ninth Street 3015 Carrington Mill Boulevard St. Cloud, FL Morrisville, NC Attn.: City Manager 13. CONFIDENTIALITY. Each Party (the Recipient Party ) agrees that any confidential or proprietary material or information regarding the intellectual property, technology developments, business or affairs of the other (the Disclosing Party ) disclosed to Recipient Party or obtained by Recipient Party from the Disclosing Party which the Disclosing Party clearly identifies as confidential at the time of disclosure ( Confidential information ), will not be disclosed by the Recipient Party to any other person or used by Recipient Party for its own benefit or gain or in any other manner except as may be expressly authorized by the Disclosing Party. The Parties agree that the Recipient Party s obligations with respect to handling, disclosing, reproducing, and using Disclosing Party s Confidential Information are not applicable to any portion(s) of the Confidential Information which: (a) is in the public domain prior to receipt by the Recipient Party or subsequent to the date of receipt without breach of this Agreement by the Recipient Party, or (b) is known, as evidenced by documentation, to the Recipient Party prior to disclosure by the Disclosing Party, or (c) is disclosed with the prior written approval of the Disclosing Party, or Arrow Facility Agreement rev Page 3 of 8

64 (d) is disclosed without restriction to the Recipient Party by a third party having a bona fide right to disclose same to the Recipient Party and without breach of this Agreement by the Recipient Party, or (e) is subject to disclosure pursuant to any applicable law or regulation. The terms of this provision shall survive termination or expiration of this Agreement. 14. COMPLIANCE WITH LAWS. The Parties agree to comply with all applicable federal, state and local laws, regulations, ordinances, government agency interpretation of laws or regulations and orders ( Laws and Regulations ) with respect to the performance of all provisions of this Agreement. In addition, the parties intend for this Agreement to comply with the federal anti-kickback statute, 42 USC 1320 a-7b (b) and its regulations. In the event there shall be a change to any Laws and Regulations or the interpretation of any of the foregoing, the adoption of new Laws and Regulations, any of which are reasonably likely to materially and adversely affect the manner in which either Party may perform or be compensated for its services under this Agreement, or which shall make this Agreement unlawful, the Parties shall immediately enter into good faith negotiations regarding a new service arrangement or basis for compensation for the rights assigned and services furnished pursuant to this Agreement that complies with the Laws and Regulations that approximates as closely as possible the economic position of the Parties prior to the change. In the event that either Party reasonably determines that this Agreement may not be modified to comply with the foregoing change to the Laws and Regulations, such Party may terminate this Agreement. 15. NO REFERRALS. The Parties acknowledge that the Fees payable to Provider for the Rental Periods are consistent with fair market value in arms-length transactions, and no amount paid pursuant to this Agreement, or any other agreement between the Parties, is intended to be, nor shall it be construed to be an inducement or payment for, or in any way dependent upon, the referral of customers or the generation of business to Company by Provider or any hospital or health care provider with which Provider is affiliated or does business. Provider is not required to refer any health care providers or other customers to Company. In no event will the compensation paid to Provider under this Agreement vary or depend upon any business that may have been or may be generated by Provider for Company. In interpreting and enforcing this Agreement, this Agreement shall be construed for all purposes as an Agreement meeting the requirements of 42 CFR REPRESENTATION OF NON-EXCLUSION. Company and Provider represent and warrant that as of the Effective Date, neither they nor any of their employees providing services under this Agreement are: (a) excluded from a federal health care program as outlined in Sections 1128 and 1156 of the Social Security Act (see the Office of Inspector General of the Department of Health and Human Services List of Excluded Individuals/Entities at (b) debarred by the FDA under 21 U.S.C. 335a (see the FDA Office of Regulatory Affairs Debarment List at (c) otherwise excluded from contracting with the federal government (see the Excluded Parties Listing System at The Parties also represent that if they or any of their employees who provides items or services under this Agreement becomes so excluded, debarred, or suspended during the term of this Agreement, the applicable Party will promptly notify the other Party. Upon such notification, the other Party shall have the right to immediately terminate this Agreement. 17. INDEPENDENT CONTRACTORS. The relationship between the Parties under this Agreement shall be that of independent contractors, and not as an employee or agent of the other Party. Nothing in this Agreement shall render either Party, or any of its employees, subcontractors or agents, an employee, Arrow Facility Agreement rev Page 4 of 8

65 subcontractor or agent of the other Party, nor authorize or empower a Party or its employees, subcontractors or agents to speak for, represent or obligate the other Party in any way. 18. MISCELLANEOUS. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement between the Parties concerning the subject matter hereof. This Agreement may not be amended without the prior written consent of the Parties. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective permitted successors and assigns. No party may assign this Agreement or any rights hereunder without the prior written consent of the other Party, provided, however, that Company may assign this Agreement to an affiliate or in the event of a merger or acquisition of all or substantially all of its assets. The failure of either Party to enforce or require performance of any provision of this Agreement shall in no way operate as a waiver or affect the right of such Party at a later time to enforce the same. This Agreement shall be construed in accordance with the laws of the State of North Carolina, without giving regard to its conflicts of law principles. This Agreement may be transmitted by facsimile or in.pdf electronic format, and it is the intent of the parties that any signature printed by a receiving facsimile machine or computer system be deemed an original signature. Arrow International, Inc. By: Name: Title: Date: Provider By: Name: Title: Date: Arrow Facility Agreement rev Page 5 of 8

66 SCHEDULE A -1 Facility Rental Program Summary Schedule This Facility Rental Program Summary Schedule dated _August 3, 2018_ is subject to the terms and conditions of that certain Master Services Agreement dated _June 13, 2018_ between Arrow International, Inc. ( Company ) and City of St. Cloud_ ( Provider ). Location: St. Cloud Senior Center, St. Cloud Community Center th Street St. Cloud, FL Rental Period: 8/3/2018 Services/Equipment Provided by Provider: Lab space. Fees: $0 Payment Schedule: N/A Services/Equipment Provided by Arrow International, Inc.: conduct hands on learning using Arrow EZ- IO Intraosseous Infusion System and Airway products such as but not limited to: LMA Supreme, Mad Nasal and Airtrach. All tissue, floor covering, surgical instruments, ppe, red bags and waste removal, Instructors and their expenses. Arrow International, Inc. Signature: Name: Title: Date: Provider Signature: Name: Title: Date: Arrow Facility Agreement rev Page 6 of 8

67 SCHEDULE B Company Provided Specimens Provider agrees that Arrow International will arrange for a third party, Medical Education Research Institute, to provide Specimens for Arrow International, Inc. Programs ( Procurer ) and that Procurer s personnel will be permitted entry to Facility at a mutually agreed upon dates and times for the purpose of delivery, set-up, preparation, removal, clean-up/disinfection and otherwise to effectuate the scheduled Program. Specimens shall at all times remain in the possession and control of Medical Education Research Institute and its personnel, or authorized employee of the Company, present at Facility. All Specimen orders will be handled by Arrow International, Inc. Provider is not responsible for ordering Specimens on behalf of Company. Provider agrees to: (a) Maintain as confidential all personal and medical information relating to the Specimens and their donors as come into Provider s possession, except as necessary to ensure the safety of individuals that come in contact with the Specimens. (b) Provide a secure location for storage of Specimens during the conduct of the Program, if requested by Company or the Procurer. (c) After completion of each Company Program, permit the Procurer, at times agreed to by Provider and Company at the time of scheduling a Program, to arrange for disposition of the Specimens in accordance with all applicable laws and in accordance with the informed consent given by the donor and/or the donor s legally authorized representative. The Parties shall treat the Specimens with dignity and respect. Arrow Facility Agreement rev Page 7 of 8

68 SCHEDULE C Provider Provided Specimens Provider shall provide, or arrange for the provision of, Specimens to be used by Company during the Programs, subject to the fees, if any, set forth on the Schedule. All Specimens provided by Provider shall at all times remain the property of Provider and shall remain under Provider's control. Company's use of Specimens provided by Provider shall be only for educational or scientific purposes, and shall be limited to only those educational or scientific procedures approved in writing by Provider prior to the date of the Program. Company's use of Specimens shall at all times be subject to Provider's supervision. Provider will handle all human specimen material and perform all clean up/disposal of human material. Only Specimens with negative test results for Hepatitis B and C and Human Immunodeficiency Virus ("HIV") will be used in Programs. De-identified test results for Specimens to be used in Programs will be provided to Company upon request. All Specimens provided by Provider to Company shall be obtained (i) with the appropriate Informed consent of donor or donor s next-of-kin, and (ii) in compliance with the Uniform Anatomical Gift Act (the UAGA ) and all other local, state and federal laws and regulations governing the recovery and distribution of anatomical specimens. Provider will maintain approved protocols, and consent forms for all donors. The Parties shall treat the Specimens with dignity and respect. Arrow Facility Agreement rev Page 8 of 8

69 AGENDA First Reading: Item # VII. G. Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 06/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a first addendum to and extension of the agreement dated August 13, 2015, between the City of St. Cloud and Maschmeyer Concrete Company of Florida, for the purchase of ready mix concrete, and providing an effective date. Maschmeyer Concrete Company of Florida currently provides concrete for several divisions within the Public Services Department on an as-needed basis. This is the first one-year extension of the agreement from July 6, 2018 through July 5, 2019, as allowed by Section 4 of the agreement. STRATEGIC PLAN GOAL: Infrastructure To provide safe and adequate infrastructure to meet current and future needs. Funds are budgeted in Account No ($10,500.00), ($3,150.00), ($8,190.00), and ($21,000.00) Staff recommends approval of this request. COST: Budgeted $42, Actual cost up to $42, COST OF PROJECT: Budgeted $42, Actual cost up to $42, TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary

70 LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: True FINANCE DIRECTOR'S COMMENTS: The Finance Director recommends a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a first addendum to and extension of the agreement dated August 13, 2015, between the City of St. Cloud and Maschmeyer Concrete Company of Florida, for the purchase of ready mix concrete. Maschmeyer Concrete Company of Florida currently provides concrete for several divisions within the Public Services Department on an as-needed basis. This is the first one-year extension of the agreement from July 6, 2018 through July 5, 2019 Funds are budgeted in Account No ($10,500.00), ($3,150.00), ($8,190.00), and ($21,000.00) for a total budget and actual costs up to $42, PURCHASING MANAGER'S COMMENTS: CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval. CITY COUNCIL ACTION: 06/28/2018 ATTACHMENTS:

71 Description Staff Report Resolution No R Exhibit A

72 To: From: MEMORANDUM REPORT FOR CITY COUNCIL JUNE 28, 2018 Mayor Blackwell and Council Members Procurement Services Subject: Resolution No R Date: June 28, 2018 REQUEST: Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a first addendum to and extension of the agreement dated August 13, 2015, between the City of St. Cloud and Maschmeyer Concrete Company of Florida, for the purchase of ready mix concrete, and providing an effective date. BACKGROUND: Maschmeyer Concrete Company of Florida currently provides concrete for several divisions within the Public Services Department on an as-needed basis. This is the first one-year extension of the agreement from July 6, 2018 through July 5, 2019, as allowed by Section 4 of the agreement. STRATEGIC PLAN GOAL: Infrastructure To provide safe and adequate infrastructure to meet current and future needs. Funds are budgeted in Account No ($10,500.00), ($3,150.00), ($8,190.00), and ($21,000.00) COST: Budgeted $42, Actual cost up to $42, STAFF RECOMMENDATION: Staff recommends approval of this request. Attachment: Exhibit A Internal No

73 RESOLUTION NUMBER R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A FIRST ADDENDUM TO AND EXTENSION OF THE AGREEMENT DATED AUGUST 13, 2015, BETWEEN THE CITY OF ST. CLOUD AND MASCHMEYER CONCRETE COMPANY OF FLORIDA, FOR THE PURCHASE OF READY MIX CONCRETE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has an agreement dated August 13, 2015, with Maschmeyer Concrete Company of Florida, for the purchase of ready mix concrete, 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, 2018 through July 5, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of St. Cloud, Florida, as follows: SECTION I. The Mayor is authorized to enter into a first addendum to and extension of the agreement between the City of St. Cloud and Maschmeyer Concrete Company of Florida, 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 28 th day of June, CITY OF ST. CLOUD ATTEST: Nathan Blackwell, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: debeaubien, Simmons, Knight, Mantzaris & Neal LLP Daniel F. Mantzaris, City Attorney

74 FIRST ADDENDUM TO AND EXTENSION OF THE AGREEMENT BETWEEN THE CITY OF ST. CLOUD AND MASCHMEYER CONCRETE COMPANY OF FLORIDA FOR THE PURCHASE OF READY MIX CONCRETE This Addendum is by and between the City of St. Cloud, Florida (hereinafter referred to as "CITY"), and Maschmeyer Concrete Company of Florida (hereinafter referred to as VENDOR ), 1142 Water Tower Road, Lake Park, Florida 33403, and is to that certain agreement between CITY and VENDOR dated August 13, 2015 and approved by City Council Resolution No R, and any amendments thereto, hereinafter collectively referred to as "the agreement." The Parties, in exchange for the mutual covenants contained herein and in the agreement, agree as follows: 1. This addendum expressly modifies the agreement and in the event of a conflict, the terms and conditions of this addendum shall prevail. 2. In accordance with Section 4 of the agreement, the term of the agreement is extended through July 5, All other terms and conditions set forth in the agreement shall remain in full force and effect and unchanged as agreed to by the parties. IN WITNESS WHEREOF, the parties hereto have made and executed this agreement for the purposes herein expressed on the dates set forth below. CITY OF ST. CLOUD, FLORIDA By: Nathan Blackwell, Mayor Date: ATTEST: MASCHMEYER CONCRETE COMPANY OF FLORIDA By: Print Name/Title Date: ATTEST: Linda P. Jaworski, City Clerk Date: Date: ATU Ready Mix Concrete

75 AGENDA First Reading: Item # VII. H. Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 06/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a task authorization to the continuing contract and agreement for Sanitary Sewer Lift Station Rehabilitation with Danus Utilities, Inc., for Lift Station 31 Rehabilitation, and providing an effective date. The scope of the requested work is outlined in the attached proposal. The contract will be funded from Project No. WW1802, Account No Staff recommends approval of this request. STRATEGIC PLAN GOAL: Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. COST: Budgeted: $85, / Actual cost up to $85, Project No. WW1802, Account No COST OF PROJECT: Budgeted: $85, / Actual cost up to $85, Project No. WW1802, Account No TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY:

76 See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: True FINANCE DIRECTOR'S COMMENTS: The Finance Director recommends 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 31 Rehabilitation The contract will be funded from Project No. WW1802, Account No COST: Budgeted: $85, / Actual cost up to $85, Project No. WW1802, Account No PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval CITY COUNCIL ACTION: 06/28/2018 ATTACHMENTS: Description Staff Report Resolution No R Exhibit A

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78 To: From: MEMORANDUM REPORT FOR CITY COUNCIL JUNE 28, 2018 Mayor Blackwell and Council Members Procurement Services Subject: Resolution No R Date: June 28, 2018 REQUEST: Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a task authorization to the continuing contract and agreement for Sanitary Sewer Lift Station Rehabilitation with Danus Utilities, Inc., for Lift Station 31 Rehabilitation, and providing an effective date. BACKGROUND: The scope of the requested work is outlined in the attached proposal. The contract will be funded from Project No. WW1802, Account No STRATEGIC PLAN GOAL: Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. COST: Budgeted: $85, / Actual cost up to $85, Project No. WW1802, Account No BUDGETED: Yes STAFF RECOMMENDATION: Staff recommends approval of this request. LEGAL AUTHORITY: See Department Summary Attachment: Attachment A and Backup Material Internal No Resolution No R

79 RESOLUTION NUMBER R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A TASK AUTHORIZATION TO THE CONTINUING CONTRACT AND AGREEMENT FOR SANITARY SEWER LIFT STATION REHABILITATION WITH DANUS UTILITIES, INC., FOR LIFT STATION 31 REHABILITATION, 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 Lift Station 31, and WHEREAS, Danus Utilities, Inc. has submitted a proposal for the tasks as outlined in Attachment A Lift Station 31 Rehabilitation. 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 he 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 Attachment A, attached hereto and incorporated herein by reference. SECTION II. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida this 28 th day of June CITY OF ST. CLOUD ATTEST: Nathan Blackwell, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED debeaubien, Simmons, Knight, Mantzaris & Neal LLP Daniel F. Mantzaris, City Attorney

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82 AGENDA First Reading: Item # VII. I. Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 06/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a task authorization to the Continuing Contract and Agreement for Professional Engineering Services with Reiss Engineering, Inc. dated September 21, 2017, and any amendments thereto, for Design of WTP #1 Hydrogen Sulfide Pretreatment System and providing an effective date. The scope of the requested work is outlined in the attached proposal. The contract will be funded from Project No. WA1806, Account No Staff recommends approval of this request. STRATEGIC PLAN GOAL: Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. COST: Budgeted: $80, / Actual cost up to $76, Project No. WA1806, Account No COST OF PROJECT: Budgeted: $80, / Actual cost up to $76, Project No. WA1806, Account No TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY:

83 See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: True FINANCE DIRECTOR'S COMMENTS: The Finance Director recommends a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a task authorization to the Continuing Contract and Agreement for Professional Engineering Services with Reiss Engineering, Inc. dated September 21, 2017, and any amendments, for Design of WTP #1 Hydrogen Sulfide Pretreatment System.. The contract will be funded from Project No. WA1806, Account No Budgeted: $80, / Actual cost up to $76, Project No. WA1806, Account No PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval. CITY COUNCIL ACTION: 06/28/2018 ATTACHMENTS: Description Staff Report Resolution No R Exhibit A and Backup Material

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85 To: From: MEMORANDUM REPORT FOR CITY COUNCIL JUNE 28, 2018 Mayor Blackwell and Council Members Procurement Services Subject: Resolution No R Date: June 28, 2018 REQUEST: Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to enter into a task authorization to the Continuing Contract and Agreement for Professional Engineering Services with Reiss Engineering, Inc. dated September 21, 2017, and any amendments thereto, for Design of WTP #1 Hydrogen Sulfide Pretreatment System and providing an effective date. BACKGROUND: The scope of the requested work is outlined in the attached proposal. The contract will be funded from Project No. WA1806, Account No STRATEGIC PLAN GOAL: Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. COST: Budgeted: $80, / Actual cost up to $76, Project No. WA1806, Account No BUDGETED: Yes STAFF RECOMMENDATION: Staff recommends approval of this request. Attachment: Attachment A and Backup Material Internal No

86 RESOLUTION NUMBER R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A TASK AUTHORIZATION TO THE CONTINUING CONTRACT AND AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH REISS ENGINEERING, INC. DATED SEPTEMBER 21, 2017, AND ANY AMENDMENTS THERETO, FOR DESIGN OF WTP #1 HYDROGEN SULFIDE PRETREATMENT SYSTEM, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has a continuing contract and agreement for professional engineering services with Reiss Engineering, Inc., dated September 21, 2017, and WHEREAS, the City is in need of professional engineering services for Design of WTP #1 Hydrogen Sulfide Pretreatment System, and WHEREAS, Reiss Engineering, Inc. has submitted a proposal for the tasks as outlined in Attachment A Task Authorization to Continuing Contract and Agreement for Professional Engineering Services with Reiss Engineering, Inc. for Design of WTP #1 Hydrogen Sulfide pretreatment System. 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 he is directed to enter into a task authorization to that certain agreement dated September 21, 2017, and any amendments thereto, between the City of St. Cloud and Reiss Engineering, Inc., as more particularly set forth in Attachment A, attached hereto and incorporated herein by reference. SECTION II. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida this 28th day of June CITY OF ST. CLOUD ATTEST: Nathan Blackwell, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED debeaubien, Simmons, Knight, Mantzaris & Neal LLP Daniel F. Mantzaris, City Attorney

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95 AGENDA First Reading: Item # VII. J. Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 06/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing and directing the City Manager to declare items as obsolete, damaged, and/or surplus property and otherwise in the best interest of the City of St. Cloud. Various departments are requesting authorization to dispose of obsolete, damaged, and surplus City property. The obsolete, damaged, and surplus property will be disposed of by trading in for credit toward new equipment, donated, sold at cost, sold as scrap or sold via auction. Please see itemized list attached as Exhibit A to the resolution. Staff recommends approval of this request. COST: There is no cost associated with this item. COST OF PROJECT: No cost associated with this item. TITLE / HEADER see department summary BACKGROUND INFORMATION: see department summary LEGAL AUTHORITY: see department summary

96 BUDGET AND RECOMMENDATION: see department summary IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: The Finance Director recommends a resolution of the City Council of the City of St. Cloud, Florida, authorizing and directing the City Manager to declare items as obsolete, damaged, and/or surplus property and otherwise in the best interest of the City of St. Cloud. Various departments are requesting authorization to dispose of obsolete, damaged, and surplus City property. The obsolete, damaged, and surplus property will be disposed of by trading in for credit toward new equipment, donated, sold at cost, sold as scrap or sold via auction. There is no cost associated with this item. PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval. CITY COUNCIL ACTION: 06/28/2018 ATTACHMENTS: Description staff Memo Resolution No R Exhibit "A"

97 MEMORANDUM REPORT FOR CITY COUNCIL June 28, 2018 To: From: Mayor Blackwell and Council Members Elizabeth Alvarado, Fixed Assets Technician (Elizabeth Alvarado) Subject: Resolution R Date: June 28, 2018 REQUEST: A resolution of the City Council of the City of St. Cloud, Florida, authorizing and directing the City Manager to declare items as obsolete, damaged, and/or surplus property and otherwise in the best interest of the City of St. Cloud. BACKGOUND: The City of St. Cloud has surplus property in its possession, which needs to be disposed of, and the items declared obsolete, damaged, and/or surplus will be traded in for credit toward new equipment, donated, sold at cost, as scrap or sold via auction. COST: There is no cost associated with this item. STAFF RECOMMENDATION: Staff recommends APPROVAL of Resolution No R with an effective date for June 28, Attachment: Resolution No R

98 RESOLUTION NUMBER R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO DECLARE ITEMS AS OBSOLETE, DAMAGED, AND/OR SURPLUS PROPERTY AND OTHERWISE IN THE BEST INTEREST OF THE CITY OF ST. CLOUD. WHEREAS, the City of St. Cloud has surplus property in its possession, which needs to be disposed of, and WHEREAS, the items declared obsolete, damaged, and/or surplus will be traded in for credit toward new equipment, donated, sold at cost, as scrap or sold via auction. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of St. Cloud, Florida, as follows: Section I. The City Manager is authorized and directed to declare items as obsolete, damaged, and/or surplus in accordance with Article V of the Purchasing Policy. Section II. The list of items to be declared obsolete, damaged, and/or surplus is set forth in Exhibit A, attached hereto and incorporated herein by reference. Section III. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida this 28th day of June CITY OF ST. CLOUD ATTEST: Nathan Blackwell, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED debeaubien, Knight, Simmons, Mantzaris & Neal LLP Daniel F. Mantzaris, City Attorney

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100 AGENDA First Reading: Item # VII. K. Consent Agenda First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 6/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida, exercising the city s right to terminate without cause the lease agreement with Branch Banking & Trust Company (BB&T) dated October 28, 2004 and as last amended July 28, 2014; authorizing the City Manager to notify BB&T of the termination in accordance with the lease agreement and providing for an effective date. COST OF PROJECT: no cost associated with this item TITLE / HEADER See department summary BACKGROUND INFORMATION: see attached memo LEGAL AUTHORITY: see attached memo BUDGET AND RECOMMENDATION: N/A

101 IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: CITY COUNCIL ACTION: 6/28/2018 ATTACHMENTS: Description Resolution memo lease

102 RESOLUTION NUMBER NO.: R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, EXERCISING THE CITY S RIGHT TO TERMINATE WITHOUT CAUSE THE LEASE AGREEMENT WITH BRANCH BANKING & TRUST COMPANY (BB&T) DATED OCTOBER 28, 2004 AND AS LAST AMENDED JULY 28, 2014; AUTHORIZING THE CITY MANAGER TO NOTIFY BB&T OF THE TERMINATION IN ACCORDANCE WITH THE LEASE AGREEMENT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of St. Cloud and Branch Banking & Trust Company (BB&T) have an existing lease for use of the City s building at 923 New York Avenue for the installation and maintenance of an automatic teller machine; WHEREAS, the City has determined that it is in need of the space occupied by BB&T for public purposes; and WHEREAS, the Fourth Amendment dated July 28, 2014 to the Original Lease Agreement of October 28, 2004, provided that either party could terminate the lease without cause upon 90 days written notice. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Cloud, Florida, as follows: SECTION I. The City Council of the City of St. Cloud, Florida, hereby approves the termination of the lease agreement dated October 28, 2004, as amended, with Branch Banking & Trust Company. SECTION II. The City Manager is authorized and directed to notify Branch Banking & Trust Company in writing and in accordance with the lease agreement of the termination with an effective date of September 1, SECTION III. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida, on this day of, CITY OF ST. CLOUD ATTEST: Mayor, Nathan Blackwell Linda Jaworski, City Clerk Approved as to form and legal if adopted, City Attorney, Daniel F. Mantzaris

103 Attorneys and Counselors at Law Post Office Box North Magnolia Avenue Orlando, Florida (407) Telefax (407) Writer s dmantzaris@dsklawgroup.com M E M O R A N D U M TO : William Sturgeon, City Manager FROM : Daniel F. Mantzaris DATE : June 22, 2018 RE : 923 New York Avenue BB&T Lease for ATM Termination of Lease Agreement of October 28, 2004 At the request of Chief Pete Gauntlett, we have prepared a resolution to be considered by the City Council at its June 28, 2018 meeting terminating the existing lease agreement with Branch Banking & Trust Company (BB&T) for a small portion of 923 New York Avenue. We understand that the police department requires the additional space in the building to address space needs. Additionally, we understand that arrangements are being made to relocate an ATM machine somewhere else in the downtown area. The original lease was approved in October 2004 and has been amended four times over the years. Attached is a copy of the fourth amendment which includes a provision that allows either party to terminate the lease upon 90 days written notice. The requested action by the police department is to approve the proposed resolution which would give authority to you as City Manager to send the required written notice to BB&T terminating the lease, effective September 1, If you have any questions please do not hesitate to contact me. cc: Pete Gauntlett, Chief of Police Linda Jaworski, City Clerk DE BEAUBIEN, SIMMONS, KNIGHT, MANTZARIS & NEAL, LLP

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106 AGENDA First Reading: Item # VII. L. Consent Agenda First Public Hearing: 06/28/2018 Second Public Hearing: Ordinance No. DATE OF MEETING: JUNE 28, 2018 Resolution No. Final Action: 06/28/18 AGENDA ITEM (Brief Description) Deer Creek West - Final Plat DEPARTMENT SUMMARY: Requesting City Council s approval of a Final Plat for 91 single family residential lots. COST: No cost associated with this item Background The subject property is approximately acres and is to the west of the Bristol Cove at Deer Creek Planned Unit Development. The Future Land Use designation is Low Density Residential, which allows up to 4 dwelling units per acre, and the Zoning district is R-1B Single Family Dwelling, which also allows up to 4 dwelling units per acre. Strategic Goals The proposed Final Plat meets the intent of the following City of St. Cloud Strategic Goals: Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. Public Service: To ensure cost effective service while providing a high level of service to our internal and external customers. DRC/Staff Recommendation The DRC recommends APPROVAL of the request for Final Plat of these acres of land for Deer Creek West. Legal Authority Per LDC Section E.2 City Council Review, when the final plat complies with all requirements and the applicable fees for the recording of the plat with the clerk of the circuit court have been received, it shall be presented to the city council for final approval. The city council shall have the option of approving the final plat as presented or requiring additional information or revisions. The mayor shall execute the final plat, and the deputy mayor shall have the authority to sign final plats in the absence of the mayor. COST OF PROJECT:

107 There is no cost associated with this item. TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval CITY COUNCIL ACTION: 06/28/18

108 ATTACHMENTS: Description Staff Report CC Final Plat School Capacity Report

109 City of St. Cloud City Council Staff Report Meeting Date: June 28, 2018 DRC Case # Type of Application Final Plat Case Name Deer Creek West Agent Johnston s Surveying, Inc. Owner/Applicant Richmond American Homes of Florida, LP Address/Location Bristol Cove Lane Parcel ID # , , Total Land Area +/ acres Project Planner Christopher C. Mills Figure 1 Location Map Request The applicant is requesting a Final Plat for Deer Creek West. The subject property is located north of Friars Cove Road, east of the Florida Turnpike, south of Old Canoe Creek Road and west of Canoe Creek Road, as shown on Figure 1 above. The proposed plat consists of 91 single family residential lots. Background The subject property is approximately acres and is to the west of the Bristol Cove at Deer Creek Planned Unit Development. The Future Land Use designation is Low Density Residential, which allows up to 4 dwelling units per acre, and the Zoning district is R-1B Single Family Dwelling, which also allows up to 4 dwelling units per acre. Strategic Goals The proposed Final Plat meets the intent of the following City of St. Cloud Strategic Goals: Infrastructure:To provide safe and adequate infrastructure to meet current and future needs. Public Service:To ensure cost effective service while providing a high level of service to our internal and external customers. DRC/Staff Review The Development Review Committee (DRC) reviewed this request for Final Plat on or before April 17, The DRC had no objections and provided the following informational comments: Page 1 of 2

110 Concurrency Management - Please provide a copy of the recorded plat and 911 Addressing street name and numbering approval. Addressing must be submitted prior to requesting water meter installations. Police Department - This project will impact the Police Department by increasing the calls for service. Adequate parking needs to be addressed by either allowing for parking on one side of street, designated parking for guests, or additional offsite parking to allow for safe passage of Emergency Vehicles in the subdivision. School District - Hickory Tree Elementary - A new elementary school is planned to open in the 2021/2022 school year and will provide relief to Hickory Tree Elementary. St. Cloud Middle School is currently utilizing six (6) relocatables on site to accommodate its existing enrollment. St. Cloud Middle A new middle school is planned to open in the 2019/2020 school year and may provide relief to St. Cloud Middle. Harmony High School is approaching capacity. A new high school is planned to open in the 2018/2019 school year and will provide relief to Harmony High. Hickory Tree Elementary School, St. Cloud Middle School and St. Cloud High School are projected not to have capacity to serve the potential students generated through school year 2019/2020. City Surveyor The City Surveyor reviewed the Final Plat and all conditions have been met. The proposed Final Plat meets the requirements of the Land Development Code and Florida Statutes. DRC/Staff Recommendation The DRC recommends APPROVAL of the request for Final Plat of these acres of land for Deer Creek West. City Council Requested Action Per LDC Section E.2 City Council Review, when the final plat complies with all requirements and the applicable fees for the recording of the plat with the clerk of the circuit court have been received, it shall be presented to the city council for final approval. The city council shall have the option of approving the final plat as presented or requiring additional information or revisions. The mayor shall execute the final plat, and the deputy mayor shall have the authority to sign final plats in the absence of the mayor. Attachments Final Plat School Capacity Report Case No Page 2 of 2

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114 THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA PLANNING SERVICES DEPARTMENT SCHOOL CAPACITY REPORT - ONE YEAR OUTLOOK Date: 2/28/18 Current FLU: LDR SDOC #: 2015/ Requested FLU: N/A Jurisdiction: St. Cloud Current Zoning: R1-B DRC #: Requested Zoning: N/A Project Name: Deer Creek West-Final Plat PID: Project Location: Bristol Cove Ln Comments Due Date: 3/9/ AC: If proposed project increases utilization of schools above adopted level of service, applicant will obtain a Letter of Agreement outlining an accommodation plan for the students generated by this project, consistent with the provisions of Sections of the Interlocal Agreement for the Planning and Coordination of Public Schools throughout Osceola County (as required by Section , F.S.[2012]). "The County/Cities and the applicant must collaborate with the School Board to identify available means that might be used to achieve sufficient capacity to accommodate the development, which may include, but not be limited to developer contributions, project phasing, or developer provided facility improvements." If you should have any questions please feel free to contact the Osceola School District Planning Services Department at Total Proposed Units by Type SF/TH 91 MF/Condo MH Single Family/Townhome Multi-Family/Condo Mobile-Home STR HOP AWH Short Term Rental Housing for Older Persons Affordable-Workforce Housing Estimated Number of New Students Generated by Proposed Development Elem. (K-5) 16 Middle (6-8) 9 High (9-12) 14 Student Generation Calculations Example Calculation: 100 (SF Units) x (Elem. Rate) = 18 (Students) Unit Types Total Units SF/TH/STR MF/Condo MH Total Student Generations Rates Students Elem. (K-5) Middle (6-8) High (9-12) Comments Level of Service (LOS) School Boundaries Permanent Student Current Level 1 YR. Projected Projected COFTE Projected LOS w/ Impacted COFTE Capacity of Service COFTE w/ Impact Impact HTES % 754 1, % SCMS 1,215 1,434 85% 1,244 1, % HRHS 2,167 2,334 93% 2,204 3, % Hickory Tree Elementary - A new elementary school is planned to open in the 2021/2022 school year and will provide relief to Hickory Tree Elementary. St. Cloud Middle School is currently utilizing six (6) relocatables on-site to accommodate its existing enrollment. St. Cloud Middle - A new middle school is planned to open in the 2019/2020 school year and may provide relief to St. Cloud Middle. Harmony High School is approaching capacity. A new high school is planned to open in the 2018/2019 school year and will provide relief to Harmony High. Original: Planning Services Department Scanned Copy: Source Jurisdiction An Equal Opportunity Agency Pg. 1 of 2 FC (07/27/16)

115 THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA PLANNING SERVICES DEPARTMENT SCHOOL CAPACITY REPORT - ONE YEAR OUTLOOK Date: 2/28/18 SDOC #: 2015/ Jurisdiction: St. Cloud DRC #: Comments cont. Hickory Tree Elementary School, St. Cloud Middle School, and St. Cloud High School are projected NOT to have capacity to serve the potential students generated through school year 2019/2020. Original: Planning Services Department Scanned Copy: Source Jurisdiction An Equal Opportunity Agency Pg. 2 of 2 FC (07/27/16)

116 AGENDA First Reading: Item # VIII. 1. Public Hearings First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 6/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Resolution No R, a resolution of the City Council of the City of St. Cloud declaring certain real property located consisting of five parcels located at 3148 Bailey Road, 2250 Canoe Creek Road and three non-addressed parcels on Canoe Creek Road, all in St. Cloud, Florida as surplus property and approving the sale to Galleria of Canoe Creek, LLC of a total of approximately acres for $2,330,000 and authorizing the Mayor and City Manager to perform all acts necessary and appropriate to close on the property as provided herein. COST OF PROJECT: No cost associated with this item. IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: PURCHASING MANAGER'S COMMENTS:

117 CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval CITY COUNCIL ACTION: 6/28/2018 ATTACHMENTS: Description contract exhibit A exhibit B exhibit C Resolution

118 CONTRACT FOR SALE AND PURCHASE THIS CONTRACT FOR SALE AND PURCHASE (the "Contract") is made and entered into on day of, 2018 (the Effective Date ), by and between The CITY OF ST. CLOUD, a Florida Municipal Corporation, whose address is 1300 Ninth Street, St. Cloud, Florida ("Seller"), and GALLERIA AT CANOE CREEK, LLC, whose address is 97 Hickory Tree Road, Longwood, FL ("Buyer"): WITNESSETH: WHEREAS, the Seller is the owner of certain property located in Osceola County as more particularly described below; and WHEREAS, the Seller desires to convey said real property to Buyer and Buyer desires to purchase the same from Seller; NOW THEREFORE, for and in consideration of the premises hereof, the sums of money to be paid hereunder, the mutual covenants herein contained, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do covenant, stipulate and agree as follows, to wit: 1. Description of Property. The property that is to be sold and conveyed by Seller and purchased and accepted by Buyer pursuant to this Contract shall consist of the following unimproved real property situated in Osceola County, Florida, more particularly described as: Parcel IDs: /- acres /- acres /- acres /- acres /- acres Consisting of approximately /- acres together with all tenements; hereditaments, rights, privileges and easements thereunto belonging (hereinafter together referred to as the "Property"). A general description subject to the survey provisions contained in paragraph 5 herein is attached hereto as Exhibit A. 2. Agreement to Sell and Purchase. Seller hereby agrees to sell and convey and Buyer hereby agrees to purchase and accept the Property upon the terms and subject to the conditions set forth in this Contract. The parties agree that the property shall be developed as a mixed-use development, in accordance with all applicable laws, codes and regulations and in substantial accordance with the preliminary plan attached hereto and incorporated herein as Exhibit B. 1

119 3. Purchase Price and Method of Payment. Subject to credits, adjustments and proration for which provisions are hereinafter made in this Contract, the total purchase price for the Property to be paid by Buyer and received and accepted by Seller (the Purchase Price ) shall be TWO MILLION THREE HUNDRED THIRTY THOUSAND DOLLARS ($2,330,000.00). The Purchase Price shall be paid by Buyer to Seller in the manner and at the times following, to wit: A. Initial Earnest Money Deposit. Within 5 days from execution of this Contract by all parties, the sum of TWENTY-FIVE THOUSAND and no/100 DOLLARS ($25,000.00) shall be deposited by Buyer with DeBeaubien, Simmons, Knight, Mantzaris & Neal, LLP, 332 N. Magnolia Avenue, Orlando, FL (the Escrow Agent ), as an initial earnest money deposit hereunder ("Initial Earnest Money Deposit"). The Earnest Money Deposit shall not be held in an interest bearing account and shall not be refundable except as set forth herein. B. Additional Earnest Money Deposit. Within 5 days from the expiration of the inspection period as set forth in Paragraph 6 below, the sum of TWENTY-FIVE THOUSAND and no/100 DOLLARS ($25,000.00) shall be deposited by Buyer with DeBeaubien, Simmons, Knight, Mantzaris & Neal, LLP, 332 N. Magnolia Avenue, Orlando, FL (the Escrow Agent ), as an additional earnest money deposit hereunder ("Additional Earnest Money Deposit"). At closing the Initial Earnest Money Deposit and the Additional Earnest Money Deposit (collectively referred to hereinafter as Earnest Money Deposit ) shall be credited to Buyer. The Additional Earnest Money Deposit shall not be held in an interest bearing account and shall not be refundable except as set forth herein. C. Cash Delivered at Closing. At Closing the Earnest Money Deposit plus the balance of the purchase price shall be delivered to Seller in United States funds by wire transfer. All deposits shall be applied to the Purchase Price. D. This Contract shall serve as escrow instructions and an executed copy of this Contract shall be deposited with Escrow Agent. In the event of a termination of this Contract or a default under this Contract, the Earnest Money shall be delivered or disbursed by the Escrow Agent as provided in this Contract. If either party shall declare the other party in default under this Contract pursuant to Paragraph 15 hereof, and shall make demand (the Demand ) on Escrow Agent for possession of the Earnest Money, said party must provide the other party with a copy of such Demand made upon the Escrow Agent. Except with respect to a Demand for the Earnest Money made by Buyer prior to the Inspection Deadline, which shall be promptly honored, Escrow Agent shall not disburse the Earnest Money in accordance with any Demand unless and until the demanding party delivers to Escrow Agent evidence (e.g., return receipt issued by U.S. Postal Service) of the other party s receipt of the Demand, and Escrow Agent has not received written objection to such Demand within five (5) business days following said party s receipt of the copy of such Demand. If any dispute or difference arises between the Buyer and Seller or if any conflicting demands shall be made upon the Escrow Agent, the Escrow Agent shall not be required to determine the same or to take any action thereon. Rather, the Escrow Agent may await settlement of the controversy or deposit the escrow sums into the Registry of the Circuit Court of Osceola County, Florida, in an interpleaded action or otherwise for the purpose of having the respective rights of the parties adjudicated. Upon making such deposit or upon 2

120 institution of such interpleaded action or other actions, the Escrow Agent shall be fully relieved and discharged from all further obligations hereunder with respect to the sums so deposited. Buyer acknowledges that Escrow Agent is also serving as Seller s counsel in the transaction contemplated by this Contract, and notwithstanding any dispute between the parties pertaining to Escrow Agent s duties hereunder or the disbursement of the Earnest Money or for any other reason, Escrow Agent may continue to represent Seller in this transaction and in any litigation that may arise hereunder. 4. Title. Within thirty (30) days of the Effective Date, Seller at Seller s expense shall deliver to Buyer an original commitment for title insurance committing to issue an Owner s policy to Buyer as purchaser of the Property in the amount of the Purchase Price (the "Commitment"). The title company and issuing agent shall be selected by Seller. Buyer shall have until the fifteenth (15 th ) day after its receipt of the commitment, (the Title Review Period ) within which to determine whether Buyer is willing to accept title to the Property, as shown in the Commitment. In the event that Buyer shall determine that any one or more of the title exceptions set forth in the Commitment (the "Title Exceptions") are unacceptable to Buyer in its sole discretion, Buyer shall be entitled to terminate this Contract by delivering written notice thereof to Seller on or before the expiration of the Title Review Period, whereupon this Contract shall terminate (except as to those obligations which are specifically intended to survive a termination of this Contract), or Buyer may elect to deliver notice to Seller ( Buyer s Title Notice ) of the Title Exceptions that are not satisfactory to Buyer (any such unacceptable unsatisfactory Title Exceptions are hereinafter referred to as title defects ). The matters shown on the Commitment not timely objected to in Buyer s Title Notice are hereinafter referred to as the Permitted Exceptions. After receiving Buyer s list of unacceptable title defects, Seller shall notify Buyer within ten (10) business days of receiving said list as to the title defects specified in Buyer s Title Notice that Seller shall not undertake to cure ( Seller s Title Notice ). If Seller has notified Buyer of its intention to cure all title defects not satisfactory to Buyer, then Seller s obligations hereunder shall be satisfied. If Seller s Title Notice does not include Seller s intention to cure all such title defects, then unless Buyer notifies Seller of its election to terminate this Contract on or before five (5) business days following the date Buyer receives Seller s Title Notice, then the title defects contained in Buyer s Title Notice shall become additional Permitted Exceptions. With respect to the title defects listed in Buyer s Title Notice but not contained in Seller s Title Notice and any exceptions to title arising after the effective date of the Commitment not approved by Buyer in writing (collectively, the Unpermitted Exceptions ), Seller shall undertake to eliminate or modify same to Buyer s satisfaction. If Seller is not able to eliminate or modify the Unpermitted Exceptions to Buyer s satisfaction prior to the end of the Inspection Period, Buyer shall deliver notice to Seller that Buyer has elected either (i) to accept title subject to the Unpermitted Exceptions, without adjustment in the Purchase Price, in which event said additional Unpermitted Exceptions shall be deemed waived for all purposes and shall become Permitted Exceptions; or (ii) to rescind and terminate this Contract. In the event that Buyer elects to terminate this Contract pursuant to the provisions of this Paragraph 4, Buyer shall be entitled to immediate refund of the Initial Earnest Money Deposit. 5. Survey. Buyer may have the Property surveyed at its expense during the Investigation and Inspection Period. The survey of the Property (the Survey ) shall be prepared 3

121 by a licensed Florida surveyor and in accordance with the Minimum Technical Standards as set forth in Chapter 61G17-6, Florida Administrative Code, shall specify the dimensions, location and legal description of the site and the size of the acreage of the Property to no less than two (2) decimal places. Upon completion of the survey and acceptance by both parties, said survey shall become a part of this Contract and attached thereto as Exhibit A and shall replace in its entirety the Exhibit A that was made a part of the agreement as of the Effective Date. 6. Investigations and Inspections of Property. A. Buyer and its architects, engineers and other agents, at Buyer s sole expense, shall have a period of NINETY (90) days following the Effective Date of this Contract (hereinafter referred to as the "Inspection Period") within which to undertake such physical inspections and other investigations of and concerning the Property as Buyer deems necessary in order to evaluate the physical characteristics of the Property, as well as such other matters as shall be deemed by Buyer to be necessary in order for Buyer to evaluate the Property and determine the feasibility of Buyer's purchase of the same. For such purpose, Seller hereby grants to Buyer and its agents shall have the right to enter upon the Property during the Inspection Period for the purpose of undertaking such inspections and investigations. It is expressly provided, however, that Buyer and any agent or assignee of Buyer who shall enter upon the Property pursuant to such right of entry shall, as a condition to the exercise thereof, be deemed to have agreed, and does hereby agree, to indemnify and save and hold Seller harmless from and against any and all loss, damage, cost, expense, liability or responsibility whatsoever (including, without limitation, reasonable attorneys' fees) which may be occasioned, directly or indirectly, by reason of the exercise of such right of entry upon the Property, and that such indemnification shall expressly survive both the termination of this Contract and the Closing. The foregoing indemnity shall not be subject to the liquidated damages limitations of Paragraph 15 below. Prior to entry onto the Property, every agent or contractor of Buyer shall deliver to Seller a certificate evidencing such agents or contractors general public liability coverage in amounts of no less than $1,000,000 per occurrence and $1,000,000 in the aggregate, listing Seller as an additional insured thereunder. During the Inspection Period, Buyer may wish to submit a concept plan, site plan or other approval petition or application required to permit the development of the Property as generally described in Exhibit B. Seller agrees to reasonably cooperate, at no cost to Seller, in Buyer's efforts to obtain all permits, approvals and zoning changes necessary for such development of the Property, and after upon written request of Buyer, Seller shall execute or join with Buyer in the execution of such applications and submittals as may be required for Buyer to obtain permits and approvals from applicable governmental authorities with respect to Buyer's contemplated development of the Property; provided that such efforts do not in any way diminish the value of the Property, cause Seller to incur any expense or require Seller to do anything other than execute the documents. Provided that any request by Buyer is consistent with the foregoing, Seller shall execute and return to Buyer all applications and submittals within a reasonable period following receipt of such applications and submittals together with written request by Buyer for the execution thereof, without charge by Seller. Buyer expressly acknowledges that Seller s obligations to reasonably cooperate with regard to petitions and applications for development rights as provided herein, shall not act as a guarantee or warrant any approval by the City of St. Cloud in any manner or form of any such petition or application. 4

122 B. In the event that Buyer terminates this Contract, Buyer shall provide Seller, at no cost to Seller, copies of all documents, testing, opinions, reports, results, applications, permits and the like furnished to, or obtained by, any person or entity by any party after execution of the Contract associated with the Property. C. Seller shall provide to Buyer, at no cost to Buyer, copies of all reports and analyses that are in Seller s possession regarding the Property. Buyer acknowledges that it will return same to Seller in the event that the transaction contemplated by this Contract does not timely close or the Contract is terminated. D. During the Investigation and Inspection Period, it is expressly understood that Buyer shall, at its sole expense, prepare and submit to all applicable local and state government jurisdictions the necessary applications to obtain a Comprehensive Plan Amendment modifying the traffic allocation for the Property and approval of a Master Plan in accordance with Exhibit B. For the sole purpose of obtaining the approvals as contemplated in this Paragraph 6 D, the parties agree that Buyer may extend the Investigation and Inspection Period for two (2) thirtyday extension periods provided that the escrow deposit referred to above shall be deemed nonrefundable and Buyer shall pay to Escrow Agent, as an additional non-refundable deposit, the sum of TEN THOUSAND DOLLARS ($10,000) for each 30 day extension hereunder. 7. Unacceptability of Inspections. In the event that the results of the inspections, investigations, reviews, feasibility studies and Seller approvals to which reference is made in Paragraph 6 above are, in Buyer's sole opinion and within Buyer's sole discretion, unacceptable to Buyer for any reason whatsoever, and Buyer so notifies Seller of the fact on or before the expiration of the Inspection Period provided in Paragraph 6 hereof, then at Buyer's option and upon Buyer's request, Buyer may terminate the Contract and all payments or deposits, if any, including accrued interest, if applicable, made by Buyer shall be immediately returned to Buyer as Buyer s sole property. If Buyer elects to terminate the Contract during the time that the Inspection Period extension period provided in Paragraph 6 C above is in effect then such deposits shall be deemed non-refundable pursuant to Paragraph 6 C above. If the Contract is terminated by Buyer hereunder, it shall be rendered, null and void, and be of no further force and effect and all parties hereto shall thereupon be relieved and absolved of any further liabilities or obligations whatsoever to each other hereunder, except with respect to those liabilities or obligations hereunder which are expressly stated to survive the termination of this Contract, including, without limitation, Buyer s indemnity set forth in Paragraph 6 above. The failure of the Buyer to notify Seller of the unacceptability of any such inspections, investigations, reviews and feasibility studies prior to the expiration of the Inspection Period shall constitute a waiver of Buyer's right to terminate this Contract. In the event of termination by Buyer pursuant to this Paragraph, Buyer shall provide to Seller, at no expense, copies of all plans, studies and information obtained or prepared by Buyer with regard to Buyer s Intended Use and related to the Property. 8. Conveyance of Property. At Closing, Seller shall deliver to Buyer: (i) a duly executed Special Warranty Deed in recordable form conveying fee simple title to the Property free and clear of all liens, encumbrances and exceptions except for the Permitted Exceptions; (ii) an affidavit from Seller certified to Buyer and to the title company in form required by the title 5

123 company to delete from Buyer's title insurance policy all standard exceptions for construction liens and parties in possession exceptions and any other standard exceptions the title company may delete based on Seller's affidavit; (iii) a certification by Seller which indicates that Seller is not a foreign person as defined in the Internal Revenue Code; (iv) written affirmation that the representations and warranties set forth in Paragraph 13 hereof remain true at the time of Closing; (v) a duly executed closing statement; (vi) such documents as the title company requires in order to evidence the authority and good standing of Seller to complete this transaction; and (vii) other documents reasonably required by Buyer or the title company in order to consummate the transaction contemplated herein. At Closing, Buyer shall pay to Seller the Purchase Price of the Property described above, subject to adjustments and proration set forth herein and shall deliver to Seller: (viii) a duly executed closing statement; (ix) written affirmation that the representations and warranties set forth in Paragraph 14 remain true at the time of Closing; and (x) other documents reasonably required by Seller or the title company in order to consummate the transaction contemplated herein. 9. Closing. A. The sale and purchase transaction contemplated in this Contract shall be closed and the aforesaid closing documents delivered on or before the expiration of thirty (30) days from the approval of the Comprehensive Plan Amendment and Preliminary Master Plan or on or before one hundred and eighty (180) days from the expiration of the end of the inspection period, whichever is earlier. B. Additional Closing Contingency. The parties expressly understand and agree that the Closing of this transaction is contingent upon the timely simultaneous Closing of that certain transaction contained in that certain agreement dated between the Buyer and the Stevens Plantation Improvement Project Dependent Special District for the purchase of 142 +/- acres. In the event that the Buyer and the Stevens Plantation Improvement Project Dependent Special District do not timely close on that transaction simultaneously with the transaction contemplated herein and provided that Buyer is not in default of either Agreement, this Agreement shall terminate and the Earnest Money Deposit shall be returned to Buyer as Buyer s sole property, within ten (10) days of the Escrow Agent s receipt of a written request from Buyer. In the event the transactions do not close due to default of Buyer, all Earnest Money Deposits shall become the sole property of Seller. C. The Closing shall be completed by a closing agent or attorney as selected by Seller and shall take place at a location in Osceola County and at such time as mutually agreed upon between Buyer and Seller. 10. Closing Costs. The Seller shall pay for state documentary stamps as may be required to be affixed to the Special Warranty Deed, the premium for the owner's title insurance policy to be issued pursuant to the Commitment, the cost of recording any and all other documents necessary to deliver good and clear title, and any document preparation fees. Buyer shall pay the cost of recording the Special Warranty Deed and any and all costs associated with the recording of any note, mortgage and security agreement contemplated herein. Buyer and Seller shall each bear its own attorneys' fees. 6

124 11. Possession. Possession of the Property shall be delivered by Seller to Buyer at the time of Closing hereunder, subject to the Permitted Exceptions. Prior to Closing and the delivery of possession as aforesaid, Seller shall remain the owner of the Property and shall bear the risk of all loss of whatever nature, except as provided in Paragraph 6 hereof with respect to loss occasioned as a result of Buyer's inspections and investigations of the Property. In the event that prior to Closing all or a portion of the Property being acquired is condemned or condemnation proceedings have been instituted for any public or quasi public use or purpose, then Buyer shall have the option to terminate this Contract, in which event the payments previously made by Buyer to Seller shall be returned to Buyer, this Contract shall be deemed null and void and Buyer and Seller shall be relieved from all liabilities and responsibilities hereunder except as specifically provided otherwise herein. 12. Proration. Ad valorem real and personal property taxes for the year of closing shall be prorated as of the date of closing. If, however, the amount of such taxes for the year of closing cannot be ascertained, the rates, millages and assessed valuations for the previous year, with known changes and utilizing full discounts, shall be used as an estimate, and tax proration based on such estimate shall be readjusted by the Buyer and Seller when the actual tax bills for the year of sale are received, which obligation shall expressly survive closing for a period of twelve (12) months. 13. Representations, Obligations and Warranties of Seller. Except for the representations and warranties in this Paragraph 13, Seller makes no representations or warranties to Buyer and shall convey the Property AS IS, WHERE IS, WITH ALL FAULTS. Buyer shall, by closing on the Property, be deemed to have acknowledged that Buyer has relied solely upon its own inspections and investigations to determine the physical condition of the Property and its suitability for Buyer s purposes. Seller represents and warrants (which warranties shall survive the closing hereunder to the Buyer that: A. Seller, to the best of Seller's knowledge, has not received written notice from any governmental or quasigovernmental body or agency or from any person or entity with respect to any actual or threatened taking of the Property or any portion thereof for any public or quasipublic purpose by the exercise of the right of condemnation or eminent domain, nor does Seller have any current, actual knowledge of any such actual or threatened taking. Further, Seller has not received any actual notice of any existing or threatened lawsuit by which any party claims an interest in the Property. B. Seller has not received any written notices from any city, county, state or other governmental authority or other person or entity of violations of any statute, law, or ordinance, or governmental rule or regulation in respect of the Property C. Seller owns fee simple title to the Property and has the full power, right and authority, and is duly authorized, to enter into this Contract, to perform each and all of the matters and acts herein provided, and to execute and deliver all documents provided hereunder. 7

125 D. There is no tenant or any other occupant of the Property having any right or claim to possession or use of the Property. Possession of the Property shall be delivered to Buyer by Seller free of rights or claims of any tenants, occupants or parties in possession, except for the rights of parties pursuant to the Permitted Exceptions or as may otherwise be disclosed in the Commitment. E. To Seller's present, actual knowledge, without any investigation whatsoever, there has not been and there is not now: (i) any presence of any Hazardous Substances (as hereinafter defined) on, over, under or around the Property in violation of applicable law; (ii) any present or past generation, recycling, use, reuse, sale, storage, handling, transport and/or disposal of any Hazardous Substances on, over, under or around the Property in violation of applicable law; (iii) any failure to comply with any applicable local, state or federal environmental laws; (iv) any spills, releases, discharges or disposal of Hazardous Substances that have occurred or are presently occurring on or onto the Property or any adjacent properties in violation of applicable law; or (v) any spills or disposal of Hazardous Substances that have occurred or are presently occurring off the Property as a result of any construction or operation and use of the Property in violation of applicable law. For purposes of this Paragraph 13, the term "Hazardous Substances" means and includes, without limitation, any toxic or hazardous substances or materials, petroleum or other pollutants and substances, whether or not naturally occurring, including, without limitation, asbestos, radon, and methane gas, generated, treated, stored or disposed of, or otherwise deposited in or located on or under the Property, and also includes, without limitation, the surface and subsurface waters of the Property, and any activity undertaken or hereafter undertaken on the Property which would cause: (i) the Property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C et seq., or any similar state law or local ordinance; (ii) a release or threatened release of hazardous waste from the Property within the ambit of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C , or any similar state law or local ordinance or any other environmental law; (iii) the discharge of pollutants or effluent into any water source or system, or the discharge into the air of any emissions which would require a permit under the Federal Water Pollution Control Act, 33 U.S.C et seq., or the Clean Air Act, 42 U.S.C et seq., or any similar state law or local ordinance; or (iv) any substances or conditions in, on or under the Property which may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirement, including the presence of any underground storage tanks or underground deposits located on the Property. F. Seller, to the best of Seller's knowledge, has received no written notice of any existing or pending special assessments affecting the Property which may be assessed by any governmental authority, water or sewer authority, drainage district or any other special taxing district or other. entity G. There is no litigation or legal proceeding pending or to Seller's present, actual knowledge threatened which relates to or affects the Property or which would impair or otherwise adversely affect this Contract, Seller's performance hereunder and/or Buyer's intended use of the Property. 8

126 H. Seller has not entered into any other contracts, agreements or understandings, verbal contracts or agreements, oral or written, for the sale or transfer of any portion of the Property. I. Seller has not made any commitments to any governmental unit or agency, utility company, authority, school board, church or other religious body, or to any other organization, group or individual relating to the Property which would impose any obligations upon Buyer to make any contributions of money or land or to install or maintain any improvements, except as may be set forth in the Commitment. J. To Seller's present, actual knowledge, without any investigation whatsoever, the Property has not been registered or certified as "historic" by any local, state or federal governmental entity or historic commission. K. To the best of Seller's knowledge, neither the execution and delivery of this Contract, nor compliance with the terms and conditions of this Contract by Seller, nor the consummation of the sale, constitutes or will constitute a violation or breach of any agreement or other instrument to which it is a party, to which it is subject or by which it is bound. L. For purposes of this Paragraph 13, the term to Seller s knowledge or words of similar import shall mean the current conscious awareness of facts or other information of the Seller, its officers, agents and employees, without any inquiry or investigation whatsoever, all of whom are acting solely in their capacity as officers, agents or employees of Seller or an affiliate of Seller and are in no manner expressly or impliedly making any of these representations in an individual capacity. The statements and representations of Seller set forth in this contract shall be true and reaffirmed in writing at the Closing and shall survive the Closing. M. If, after the Effective Date, any event occurs or condition exists of which Seller has knowledge or about which Seller receives information which renders any of the representations contained herein untrue or misleading, Seller shall promptly notify Buyer in writing and Buyer, as Buyer s sole and exclusive remedy, shall thereafter have the option to terminate this Contract within thirty (30) calendar days of receipt of Buyer s written notice. In the event of such termination, Escrow Agent shall disburse the Earnest Money Deposit (or the portion thereof prior to closing, theretofore deposited with Escrow Agent), to Buyer in which event all payments made by Buyer to Seller shall remain the sole property of Buyer, this Contract shall be deemed null and void and Buyer and Seller shall be relieved from all liabilities and responsibilities hereunder except as specifically provided otherwise herein, including, without limitation, those set forth in Paragraph 6 above. N. Seller acknowledges and agrees that a connector road has been designed and budgeted for construction by Seller. The parties agree that during the investigation and inspection period they a separate agreement will be negotiated and considered for the construction of the connector road and any related improvements by Buyer, including the dedication of required right-of-way by Buyer and a traffic signal as needed, in exchange for Mobility Fee Credits. 9

127 14. Representations, Acknowledgments and Warranties of Buyer. Buyer represents, acknowledges and warrants to Seller that: A. Buyer has the power, right and authority, and is duly authorized, to enter into this Contract, to perform each and all of the matters and acts herein provided, and to execute and deliver all documents provided hereunder. B. To the best of Buyer s knowledge, neither the execution and delivery of this Contract, nor the compliance with the terms and conditions of this Contract by Buyer, nor the consummation of the sale, constitutes or will constitute a violation or breach of any agreement or other instrument to which it is a party, to which it is subject or by which it is bound. C. As a condition to and part of Closing, Buyer shall dedicate to Seller a sixteen (16) acre pad ready site in the general location as depicted on Exhibit B for the construction by Seller of a public safety/government complex. In exchange for dedication of this property, Buyer shall receive Police and Fire Impact Fee Credits in the amount of ($ ). The dedication of the property shall be by a ROW dedication or other legally acceptable means as determined by Seller. The parties agree during the investigation and inspection period to negotiate and consider an impact fee credit agreement related to the final location and dedication of property. For purposes of this Paragraph pad ready shall be as described in Exhibit C attached hereto and incorporated herein. 15. Default. In the event that Buyer fails to perform any of the covenants of this Contract on its part to be performed, subject to the title, survey and inspection periods set forth in Paragraphs 4, 5 and 6, or refuses to perform its obligations under this Contract and such failure or refusal is not cured within twenty (20) days after Notice from Seller the Earnest Money Deposit shall become the sole property of Seller. Seller s retention of the deposit shall constitute liquidated damages and be Seller's sole remedy for any breach of this Contract by Buyer (except to the extent that Buyer damages Seller s Property), it being agreed that (i) the deposit and any interest earned thereon is a reasonable estimate of and bears a reasonable relationship to the damages that would be suffered and costs incurred by Seller as a result of having withdrawn the Property from sale and the failure of closing to occur due to a default of Buyer under this Contract; (ii) the actual damages suffered and costs incurred by Seller as a result of such withdrawal and failure to close due to a default of Buyer under this Contract would be extremely difficult and impractical to determine; (iii) Buyer seeks to limit its liability under this Contract to the amount of the payments made, and to be made, and any interest earned thereon if this Contract is terminated and the transaction contemplated by this Contract does not close due to a default of Buyer under this Contract; and (iv) such amount shall be and constitute valid liquidated damages. Notwithstanding the foregoing, the indemnity provisions contained in Paragraph 6.a. shall not be subject to the foregoing liquidated damages provisions. If the Seller fails to perform any of the covenants of this Contract on its part to be performed or refuses to perform its obligations under this Contract and such failure or refusal is not cured within twenty (20) days after Notice from Buyer, Buyer may at its option: (i) terminate this Contract whereupon the payments made by Buyer to Seller shall be returned and Seller shall be released and relieved of all obligations or liabilities under this Contract; or (ii) proceed in equity in an action for specific performance to 10

128 enforce its rights under this Contract, or if specific performance is not an available remedy, then an action for damages and any other remedies available at law, or in equity. 16. Assignability. Buyer may not assign its interest herein without the prior written consent of the Seller, which consent shall not be unreasonably withheld. Provided, however, Buyer shall be permitted to assign this Contract to a limited liability corporation or other entity established by Buyer for purposes of receiving Title to the subject property. Said assignment shall not relieve or release Buyer of any obligations or liability hereunder. Buyer shall notify Seller as soon as practical and no latter then thirty (30) days prior to closing of the name and address of said entity and the name of the representative thereof who is authorized to complete the Closing. Seller may, in its sole discretion, assign any and all rights and obligations hereunder. Any assignment shall be in writing and a copy of such assignment executed by both assignor and assignee shall be delivered to Buyer or Seller, as the case may be. 17. Litigation and Attorneys' Fees. In the event it shall be necessary for either party to this Contract to bring suit to enforce any provision hereof or for damages on account of any breach of this Contract or of any warranty, covenant, condition, requirement or obligation contained herein, the prevailing party in any such litigation, including appeals, shall be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable attorneys' fee as fixed by the Court. 18. Survival of Provisions. The provisions of this Contract shall not survive the closing hereunder except as expressly provided elsewhere in this Contract. 19. Time of Essence. It is expressly agreed by both the Seller and Buyer that time is of the essence of this Contract and in the performance of all conditions, covenants, requirements, obligations and warranties to be performed or satisfied by the parties hereto. Waiver of performance or satisfaction of timely performance or satisfaction of any condition, covenant, requirement, obligation or warranty by one party shall not be deemed to be a waiver of the performance or satisfaction of any other condition, covenant, requirement, obligation or warranty unless specifically consented to in writing. Unless otherwise expressly provided herein, all periods for performance, approval, delivery or review and the like shall be determined on a "calendar" day basis. If any day for performance, approval, delivery or review shall fall on a Saturday, Sunday or legal holiday, the time therefore shall be extended to the next business day. 20. Notices. Any notice or other communication permitted or required to be given hereunder by one party to the other shall be in writing, shall be effective upon receipt and shall be delivered by registered or certified United Sates Mail, postage prepaid, return receipt requested, or by facsimile or telecopy transmission or electronic mail, with acknowledgment of receipt upon transmission (provided that if notice is sent by facsimile or telecopy transmission or electronic mail, it must also be sent by one of the other methods of delivery specified herein), to the party entitled or required to receive the same, as follows: TO SELLER: City of St. Cloud 1300 Ninth Street 11

129 St. Cloud, FL Attn.: St. Cloud City Manager Tel: (407) Fax: (407) WITH A REQUIRED COPY TO: TO BUYER: WITH A REQUIRED COPY TO: de Beaubien, Simmons, Knight, Mantzaris & Neal, LLP 332 North Magnolia Avenue Orlando, Florida Attention: Daniel F. Mantzaris, Esquire Phone: (407) Fax: (407) dmantzaris@dsklawgroup.com Galleria at Canoe Creek, LLC 97 Hickory Tree Road Longwood, FL Attention: Scott Banta Phone: (407) Fax: (888) scott@telesisservices.com 21. Governing Law and Binding Effect. This Contract and the interpretation and enforcement of the same shall be governed by and construed in accordance with the laws of the State of Florida and shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto as well as their respective heirs, personal representatives, successors and assigns. 22. Integrated Contract, Waiver and Modification. This Contract represents the complete and entire understanding and agreement between the parties hereto with regard to all matters involved in this transaction and supersedes any and all prior or contemporaneous agreements, whether written or oral. No agreements or provisions, unless incorporated herein, shall be binding on either party hereto. This Contract may not be modified or amended nor may any covenant, agreement, condition, requirement, provision, warranty or obligation contained herein be waived, except in writing signed by both parties or, in the event that such modification, amendment or waiver is for the benefit of one of the parties hereto and to the detriment of the other, then the same must be in writing signed by the party to whose detriment the modification, amendment or waiver inures. 23. Brokerage. Seller and Buyer acknowledge and agree that (a Florida Licensed Real Estate Broker) has served as the Buyer s Broker in this matter and that no other broker has been used to procure this Contract for Sale and Purchase. shall 12

130 be paid a commission of three (3) per cent of the purchase price at closing out of Seller s proceeds. The Seller and Buyer agree to indemnify, defend and hold the other harmless from and against any commissions or fees or claims for commissions or fees arising under the indemnifying party, which indemnification shall expressly survive the termination of this Contract and the closing of the sale and purchase of the Property contemplated by this Contract. 24. Joinder of Escrow Agent. Debeaubien, Simmons, Knight, Mantzaris & Neal, LLP joins in the execution of this Contract for the express purpose of agreeing and acknowledging the terms and conditions related to the retention and disbursement of the Earnest Money Deposit funds herein. 25. Property May Remain on Market. Nothing herein shall prohibit Seller from continuing to market the property and from entering into a contingent contract to sell the property in the event the transaction contemplated herein is not completed provided all terms and conditions under this contract shall remain confidential and not disclosed to any other buyers, except as may be required to comply with Florida s Public records Law. 26. Effective Date. The "Effective Date" of this Contract shall be the date upon which this Contract is last signed by Seller and Buyer. 27. Counterparts. This Contract may be executed in counterparts by the parties hereto and each shall be considered an original, but all such counterparts shall be construed together and constitute one Contract between the parties hereto. 28. Acceptance. Buyer acknowledges that this Contract is subject to the approval of Seller s governing board and therefore, in the event this Contract is not signed simultaneously by Buyer and Seller, it shall be considered to be an offer by Buyer to Seller, in which event this offer shall expire at Midnight Eastern Standard time on June 18, 2018 unless a counterpart of this Contract signed by Seller is received by Buyer prior to that time and date. 29. Interpretation. Seller and Buyer acknowledge each to the other that both they and their counsel have reviewed this Contract and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any Exhibits hereto. IN WITNESS WHEREOF, Seller and Buyer have each caused this Contract for Sale and Purchase to be executed as of dates set forth below. SELLER: Attest: By: Linda P. Jaworski, City Clerk The City of St. Cloud By: Mayor Nathan Blackwell Date: 13

131 BUYER: GALLERIA AT CANOE CREEK, LLC Attest: By Name: Title: Date: By Gregory Banta, MGR ASSIGNS Date: Escrow Agent: Earnest Money Deposit Received: DeBeaubien, Simmons, Knight, Mantzaris & Neal, LLP By: Daniel F. Mantzaris Date: 14

132 Contract for Purchase and Sale of Property Between City of St. Cloud and Galleria at Canoe Creek, LLC Exhibit A Parcel ID: Acres (+/-) Address & Legal Description Bailey Rd, St. Cloud, FL SL & IC PB B PG 6 LOT 14 ORD # Canoe Creek Road, St. Cloud, FL S L & I C PB B PG 1 LOTS 63, 64, 66 & 79 LESS N 30 FT OF LOTS 63 & 64 ORD # Canoe Creek Road, St. Cloud, FL S.L. & I.C. PB B PG 1 LOT 82 ORD # Canoe Creek Road, St. Cloud, FL SL & IC PB B PG 1 LOT 95 ORD # Canoe Creek Road, St. Cloud, FL SL & IC PB B PG 1 LOTS 65, 80, 81 & 96 ORD #

133

134 Contract for Purchase and Sale of Property Between City of St. Cloud and Galleria at Canoe Creek, LLC Exhibit C The real property to be dedicated to the City of St. Cloud shall consist of 16 acres in the general location as set forth in the Agreement and subject to the final approval of Seller. Further Buyer, at its sole expense, design and complete the initial infrastructure for the dedicated property for Seller s use as public safety complex/government facility as more particularly described in the impact fee credit and property dedication agreement to be negotiated between the parties as contemplated in Section 14 C of the Agreement. The parties agree that at a minimum, the property dedication and impact fee credit agreement will include the following terms and conditions to be completed at Buyer s expense: a) Requirement that the Buyer provide a full geotech report demonstrating all deleterious material has been removed and including density testing during any fill process, as required meet City design specifications. b) The dedicated site will be mass graded and compacted by Buyer to an elevation One (1) foot below final grade with final elevation to be determined by the City. Buyer shall seed and mulch the dedicated site after mass grading to stabilize fill and prevent erosion. c) Buyer shall provide all utility stub outs and connection points (water, sewer, gas, drainage, reuse and electric power) at such locations as approved by Seller to the property with appropriate end treatments as required by City Specifications. d) Buyer shall obtain and provide all necessary jurisdictional plan approvals and permits related to the construction of infrastructure of the dedicated site to include City of St. Cloud, Osceola County, South Florida Water Management District and Army Corp of Engineers to, among other requirements, accommodate impervious ground cover up to Eight-five percent (85%). e) Prior to Closing, Buyer shall confirm that the dedicated property shall not be adversely affected by any endangered or protected species. f) Final access points to Canoe Creek Road and internal to the dedicated property shall be subject to approval by the Seller. g) Buyer s anticipated Master Plan for Buyer s development of overall all project shall be subject to approval by Seller and, neither the Master Pan or any other deeds, covenants, or restrictions created by Buyer with regard to the dedicated site, shall in any manner whatsoever, restrict Seller s use of the dedicated property, including but not limited to size, height or architectural requirements, for Seller s intended use of the dedicated site for a public safety complex/government facility.

135 RESOLUTION NUMBER R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, DECLARING CERTAIN REAL PROPERTY CONSISTING OF FIVE PARCELS LOCATED AT 3148 BAILEY ROAD, 2250 CANOE CREEK ROAD AND THREE NON- ADDRESSED PARCELS ON CANOE CREEK ROAD, ALL IN ST. CLOUD, FLORIDA AS SURPLUS PROPERTY AND APPROVING THE SALE TO GALLERIA OF CANOE CREEK, LLC OF A TOTAL OF APPROXIMATELY ACRES FOR $2,330,000 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO PERFORM ALL ACTS NECESSARY AND APPROPRIATE TO CLOSE ON THE PROPERTY AS PROVIDED HEREIN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, as follows: SECTION I. The City Council of the City of St. Cloud hereby declares certain real property, as described below as surplus property and approves the sale of the described property to Galleria of Canoe Creek, LLC for $2,330,000. Parcel ID: Parcel ID: Parcel ID: Parcel ID: Parcel ID: /- acres /- acres /- acres /- acres /- acres SECTION II. The Mayor is authorized to enter into the sale/purchase agreement attached hereto as Exhibit A and the City Manager is authorized to execute all documents necessary to complete the transaction and to close on the property being sold by the City of St. Cloud. SECTION III. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida, on the day of June, CITY OF ST. CLOUD ATTEST: Mayor, Nathan Blackwell City Clerk, Linda Jaworski Legal in form and valid if adopted City Attorney, Daniel F. Mantzaris

136 AGENDA First Reading: Item # VIII. 2. Public Hearings Ordinance No Resolution No. First Public Hearing: 06/14/2018 Second Public Hearing: 06/28/2018 Final Action: DATE OF MEETING: JUNE 28, /28/ /14/ Passed, motion was made by Council Member Shroyer, seconded by Council Member Askew, vote was 4-1, Council Member Cooper voted nay. AGENDA ITEM (Brief Description) Ordinance No DEPARTMENT SUMMARY: FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of th City of St. Cloud, Florida, assigning a Future Land Use designation of Commercial to approximately acre located south of 11th Street, between Mississippi and Eastern Avenue; providing for amending the official Futu Land Use map of the Comprehensive Plan, filing of the Planning Commission recommendation and proof o publication, applicability and effect, severability, copies on file and effective date. (Above is full title) ACTION O ORDINANCE NO REQUEST The applicant is requesting consideration of a Future Land Use Map designation of Commercial for approximately acres of land, known as S.A.B. Business Office. BACKGROUND The subject property associated with this proposed Future Land Use Map amendment encompasses approximately acres of land that is located south of 11 th Street, between Mississippi and Eastern Avenue. The current Future Land Use Map designation for this property is Medium Density Residential and the zoning district is R-2, Single and Two-Family Dwelling. The applicant is requesting a Future Land Use designation of Commercial and a Zoning district of P, Professional. Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. Additional public comment may be available at the public hearing. LEGAL AUTHORITY The City Council shall review the recommendation from the Planning Commission and render a decision based

137 on the recommendation and information presented. The Planning Commission recommendation is based on the 16 required findings of Section C.2.a of the Land Development Code. The applicant responses to the 16 required findings have been provided as an attachment for the City Council s review. CONSISTENCY WITH STRATEGIC PLAN GOALS: Economic Development: To promote economic development in the City of St. Cloud. Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. Professional Workforce: To attract and retain highly skilled staff in order to provide services to the community. RECOMMENDATION DRC recommends APPROVAL of the request for a Small Scale Comprehensive Plan Amendment for Ordinance No On May 15, 2018, the Planning Commission reviewed this request for a Small Scale Comprehensive Plan Amendment and made a recommendation of APPROVAL with a 3-0 vote. COST OF PROJECT: There is no cost associated with this item. TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: N/A

138 PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval CITY COUNCIL ACTION: 06/28/ /14/ Passed, motion was made by Council Member Shroyer, seconded by Council Member Askew, vote was 4-1, Council Member Cooper voted nay. ATTACHMENTS: Description Staff Report Ordinance FLU Required Findings School Capacity Report

139 City Council Staff Report Meeting Date: June 14, 2018 and June 28, 2018 DRC Case # Ordinance No Type of Application Future Land Use Map Amendment (Small-Scale) Case Name S.A.B. Business Office Applicant/Owner Michael Reilly Christine Farrugia Agent Raymond Stangle, Jordan Engineering Group, LLC Address/Location 3 11th Street and 1101 Mississippi Avenue Parcel ID # , Total Land Area +/ acres Project Planner Shuo Liu Figure 1 Aerial Map Request The applicant is requesting consideration of a Future Land Use Map designation of Commercial for approximately acres of land, known as S.A.B. Business Office, as shown on Figure 1 above. Background The subject property associated with this proposed Future Land Use Map amendment encompasses approximately acres of land that is located south of 11 th Street, between Mississippi and Eastern Avenue. The current Future Land Use Map designation for this property is Medium Density Residential and the zoning district is R-2, Single and Two-Family Dwelling. The applicant is requesting a Future Land Use designation of Commercial and a Zoning district of P, Professional. The following table summarizes adjacent Future Land Use designations, Zoning districts and existing uses. TABLE 1: ZONING & FUTURE LAND USE OF NEIGHBORING PROPERTIES Direction Zoning Future Land Use Existing Land Use North R-2, Single and Two- Medium Density Family Dwelling Residential Multi Family Residential East BC, Business Commercial Commercial Auto, Sales and Services West R-2, Single and Two- Medium Density Single Family Family Dwelling Residential Residential South R-2, Single and Two- Medium Density Single Family Family Dwelling Residential Residential Page 1 of 5

140 Figure 2 and Figure 3 below depict the current Future Land Use designations and Zoning districts around the subject property. Figure 2 Future Land Use Map Figure 3 Zoning Map Ordinance No Page 2 of 4 S.A.B. Business Office - Future Land Use Map Amendment DRC Case #

141 Public Notice Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. Additional public comment may be available at the public hearing. Consistency with the 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. It is important that this Future Land Use Amendment be consistent with the Comprehensive Plan and compatible with surrounding neighborhood. Currently there are commercial developments on the east of subject property. The applicant is requesting P Professional zoning district to be consistent with the proposed Future Land Use amendment. This is consistent with Chapter 1.C.3.b of the Comprehensive Plan on Commercial Uses of Future Land Use Needs as stated below. Commercial Land Use Needs - New Commercial land uses should be encouraged along major corridors and neighborhood intersections that provide access for both vehicles and pedestrians. Consistency With Strategic Plan Goals: Economic Development: To promote economic development in the City of St. Cloud. Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. Professional Workforce: To attract and retain highly skilled staff in order to provide services to the community. Impact Review of City / Public 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 applications will be reviewed to address improvements to the property, including access, parking, drainage and utilities. 1. Potable Water and Sanitary Sewer Demand Analysis: Water and sewer service are available on site. Connection to the sanitary sewer system may require upgrading of the existing lift station. This will be determined at the time construction plans are submitted. 2. Solid Waste Analysis: The subject property can be served by the current collection system. The City of St. Cloud operates the Transfer Station located in St. Cloud at Peghorn Park. This allows the City to maintain its current Level of Service Standards for solid waste. 3. Stormwater Management Analysis: The City s Public Services Department currently uses adopted and accepted standards for management of stormwater. Protection of natural drainage systems through preservation and buffering have been incorporated into the City s Land Development Code (LDC) for consistent application throughout the City s jurisdiction. Ordinance No Page 3 of 4 S.A.B. Business Office - Future Land Use Map Amendment DRC Case #

142 4. Transportation Facilities Analysis: The City of St. Cloud will continue to coordinate with the Florida Department of Transportation (FDOT) and Osceola County to determine any adverse impacts to the Strategic Intermodal System (SIS) facilities and any potential future development. Subdividing can occur in accordance with the LDC, however, any future proposed development may require a transportation impact analysis. 5. Parks and Recreational Facilities Analysis: The proposed Future Land Use amendment will not negatively impact the City s existing park and recreation land. 6. School Impact Analysis: No Impact on Public Schools. Findings Review of 16 Required Findings of Section C.2.A of the Land Use Code: 1. The proposed Future Land Use Map amendment along with the proposed Rezoning will not have an adverse influence on living conditions in the neighborhood or create any isolated district. It would establish a continuation of the existing pattern of development with a similar density and a consistent development pattern. 2. The applicant has submitted a document which includes responses to the 16 required findings which is attached. Staff Recommendation Staff reviewed this request for a Small Scale Comprehensive Plan Amendment on or before April 25, 2018, with no objections. Staff recommends APPROVAL of the request for a Small Scale Comprehensive Plan Amendment for Ordinance No Planning Commission Recommendation On May 15, 2018, the Planning Commission reviewed this request for a Small Scale Comprehensive Plan Amendment and made a recommendation of APPROVAL with a 3-0 vote. City Council Requested 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 recommendation is based on the 16 required findings of Section C.2.a of the Land Development Code. The applicant responses to the 16 required findings have been provided as an attachment for the City Council s review. Attachments Ordinance No Required Findings School Capacity Report Ordinance No Page 4 of 4 S.A.B. Business Office - Future Land Use Map Amendment DRC Case #

143 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING & ZONING TH STREET ST. CLOUD, FL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, ASSIGNING A FUTURE LAND USE DESIGNATION OF COMMERCIAL TO APPROXIMATELY ACRES, LOCATED SOUTH OF 11TH STREET, BETWEEN MISSISSIPPI AND EASTERN AVENUE; PROVIDING FOR AMENDING THE OFFICIAL FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN, FILING OF THE PLANNING COMMISSION RECOMMENDATION AND PROOF OF PUBLICATION, APPLICABILITY AND EFFECT, SEVERABILITY, COPIES ON FILE AND EFFECTIVE DATE. WHEREAS, Chapter , Florida Statutes, and Article VII, of the Charter Laws of the City of St. Cloud, Florida, allows the City Council of the City of St. Cloud, Florida to prepare and enforce a Comprehensive Plan and under such authority only lawful procedures and requirements have been met; and, WHEREAS, the City adopted the Comprehensive Plan pursuant to Chapter 163, Florida Statutes, by Ordinance , on September 26, 2002; and, WHEREAS, pursuant to Chapter , Florida Statutes, the City Council of the City of St. Cloud, Florida has determined it necessary and desirable to adopt the amended version of the City of St. Cloud, Florida, Comprehensive Plan; and, WHEREAS, this Ordinance is enacted under the authority of Chapter through and Chapter 166, Florida Statutes, as amended, reserving to the City Council of the City of St. Cloud, Florida all permitted discretionary authority; and, WHEREAS, this small scale land use amendment meets all requirements of Chapter (1) (c), Florida Statutes; and, WHEREAS, the City Council has received the recommendation of Planning Commission dated May 15, 2018; and, WHEREAS, the City Council has at least one (1) hearing on this matter consistent with the requirements of Chapter (2) Florida Statutes, and advertisement and notice being consistent with the requirements of Chapter (3) (c) 1 and 2.b., Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, as follows: SECTION 1: All information above is true and correct. Ordinance No S.A.B Business Office Page 1 of 4 DRC Case #

144 SECTION 2: The City of St. Cloud, Florida, Comprehensive Plan is amended in the following respects to the property, identified under Comprehensive Plan Amendment , as shown on Exhibit A, and described as follows: LOT 1, BLOCK 354, THE SEMINOLE LAND AND INVESTMENT CO. S (INCORPORATED) MAP OF TOWN OF ST. CLOUD, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGES 33 AND 34, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. AND LOT 4, BOCK 354, THE SEMINOLE LAND & INVESTMENT CO. S (INCORPORATED) MAP OF TOWN OF ST. CLOUD, ACCORDING TO THE OFFICAL PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGES 33 AND 34 OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. CONTAINING ACRES, MORE OR LESS. A. The City of St. Cloud, Florida 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: Upon adoption of this ordinance, the Planning Commission recommendation and "Proof of Publication" of the required Public Hearing notices shall be filed in the Department of Planning and Zoning. SECTION 5: The applicability and effect of the City of St. Cloud, Florida, Comprehensive Plan shall be as provided by Chapter through , Florida Statutes, and this Ordinance, reserving to the City Council of the City of St. Cloud all permitted discretionary authority. SECTION 6: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. Ordinance No S.A.B Business Office Page 2 of 4 DRC Case #

145 SECTION 7: 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 8: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 14 th day of June, Second Reading and Final Passage on the 28 th day of June, 2018 ATTEST: Linda P. Jaworski, City Clerk Nathan Blackwell, Mayor LEGAL IN FORM AND VALID IF ADOPTED: debeaubien, Simmons, Knight, Mantzaris & Neal By: Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and returned to a Public Official: City Manager, City of St. Cloud; th Street; St. Cloud, Florida Ordinance No S.A.B Business Office Page 3 of 4 DRC Case #

146 Exhibit A Ordinance No S.A.B Business Office Page 4 of 4 DRC Case #

147 LAND DEVELOPMENT CODE C.2.A REQUIREMENTS OF THE PLANNING COMMISSION REPORT TO THE CITY COUNCIL 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. The proposed request is consistent with developing land use patterns in that area of the City between 10 th Street and 13 th Street as the City continues to grow and the proposed Professional Zoning will serve as a buffer between the existing Highway Business zonings to the west and the R-2 zoning to the east. 2. The proposed change would create an isolated district unrelated to adjacent and nearby districts. The proposed future land use and zoning request is consistent with the adjacent land use and zoning to the east, thus it will not create an isolated district. 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. As the proposed land use and zoning is changing to commercial FLU and Professional Zoning, there will be no impact on utiliities, a decrease in the generation of school age students and no adverse impact on the existing grid street system in the area. Additional storm water quality treatment will be provided with the new development, thus decreasing the impact to East Lake Tohopekaliga. 4. Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As the businesses are emerging along US 192 and to the east of the subject property, the proposed changes more logically support the use of the property as professional office as opposed to the current residential uses. 5. The proposed change would be contrary to the land use plan and would have an adverse effect on the comprehensive plan. The proposed request is consistent with Goal 1 of the Comprehensive Plan as it promotes economic vitality; and, accomdates population and development growth in an environmentally acceptable manner. The maximum intensity of 0.75 FAR will insure compatibility with the surrounding land uses to the north, south and west, The request is also consistent with Objective 1.3 as it is located in an area free of wetlands, with good soil conditions and located in an area of higher topography in the City. This request is also consistent with Policy which limits the maximum gross square footage of Commercial Land Use to ensure compatibility with surround land uses and minimize the impact on existing and anticipated public facilities. 6. Changed or changing conditions make the passage of the proposed amendment necessary. The emergent businesses and institutional activiities on Eastern Avenue, together with the existing commercial and travel trailer park located south of the proposal will allow for this request to serve as a buffer to the residential development to the west and north. The Professional Office zoning will insure limiited activities and traffic generation. 7. The proposed change will adversely influence living conditions in the neighborhood. With the Professional Office zoning, this request will not adversely impact existing living conditions in the area. The property will ber required to construct sidewalks along all road frontages which will encourage additiional sitewalks to be constructed in the area. Business activities will be limited to daylight hours durring the weekdays and minimize activiites on the weekends. 1

148 8. The proposed change will create or excessively increase traffic congestion or otherwise affect public safety. As this property is served by the City's grid street system, with all roadways being paved, the change will result in a limited increase in traffic. Public safety will be improved with the installation of sidewalks and driveways will be located to insure maximum visibility. In additiion, the vehicular access could be limited by staff to Eastern Avenue, thus actually decreasing traffic on Mississippi Avenue. 9. The proposed change will create a drainage problem. This property is located in an area of well drained soils dand generally good drainage system. The proposed development will be required to construct storm water management facilities to improve runoff water quality and limit peak discharges to the City's existing drainge system. 10. The proposed change will seriously reduce light or air to adjacent areas. With the limited FAR allowed by the Comprehensive Plan and the LDC's minimum building set-backs, light reduction and impacts to air quality are not anticipated. In addition, the potential lighting of any parking lots will be limited to just the property and will not impact any neighboring property. 11. The proposed change will adversely affect property values in the adjacent area. Redevelopment of this property in compliance with the City's Comprehensive Plan and Land Development Code will improve the overall property values in the area as the development wil improve the City's infrastructure improvements (sidewalks) and serve to buffer the exisitng residential development located west and north of the existing commercial located east of the property. 12. The proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed request will actually improve the ability of adjacent property to redevelop and improve in accordance with the City's Comprehensive Plan and Land Development Code as an example of responsible redevelopment. 13. The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed request is consistent with the City's Comprehensive Plan which applies to all properties within the City. Therefore, granting the requested Future Land Use and Zoning is not a grant of special privilege and is actually encouraged by the Comprehensive Plan. 14. There are substantial reasons why a reasonable use of property cannot be accomplished under existing zoning. With the existing commercial and business uses located along Eastern Avenue between 10 th and 13 th Street, it is difficult at best to use or improve the property as a single family residence under the existing zoning of R-2. The requested change in zoning to Professional will serve as a buffer to the properties to the west, while being more compatible with the Highway Business zoning to the east. 15. Whether the change suggested is out of scale with the needs of the neighborhood or the city. As the Comprehensive Plan number 1 goal is to promote economic vitality, this requested change is compatible with the needs of the City and will improve the look and infrastructure of the immediate neighborhood. 16. It is impossible to find other adequate sites in the city for the proposed use in districts already zoned for such use. The applicant has looked for other properties in the City and cannot find any properities at the price point and proximity to 13 th Street, especially with the connectivity to both 13 th Street and 10 th Street. 2

149 THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA PLANNING SERVICES DEPARTMENT SCHOOL CAPACITY REPORT SDOC # 2017/ DRC#: Current FLU: MDR Requested FLU: COM PROJECT NAME: S. A. B. Business Office Current Zoning: R-2 PROJECT LOCATION: 3 Eleventh St. & 1101 Mississippi Ave. Requested Zoning: P (# ) COMMENTS DUE DATE: April 19, 2018 PID#: No Impact on Public Schools Page 1 of 1 April 9, 2018 Q:\FACD\PLANNING SERVICES\Growth Management\Development Review\City of St. Cloud\School Capacity Reports\ \ , S.A.B. Business Office - FLU.docx (Rev )

150 AGENDA First Reading: Item # VIII. 3. Public Hearings Ordinance No Resolution No. First Public Hearing: 06/14/2018 Second Public Hearing: 06/28/2018 Final Action: DATE OF MEETING: JUNE 28, /28/ /14/ Passed, motion was made by Council Member Shroyer, seconded by Council Member Askew, vote was 4-1, Council Member Cooper voted nay. AGENDA ITEM (Brief Description) Ordinance No DEPARTMENT SUMMARY: FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Zoning district of P Professional, compatible with a Commercial Future Land Use designation change, adopted by Ordinance No , for approximately acres, located south of 11th Street, between Mississippi and Eastern Avenue; 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 REQUEST The applicant is requesting consideration of a zoning district of P, Professional for approximately acres of land, known as S.A.B. Business Office. BACKGROUND The subject property is located south of 11 th Street, between Mississippi and Eastern avenue. The property comprises of approximately acres and has a Future Land Use Map designation of Medium Density Residential and zoning district of R-2, Single and Two-Family Dwelling. The applicant is requesting to rezone the subject property to P, Professional, which is consistent with the proposed Future Land Use Map designation of Commercial in DRC Case # Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. Additional public comment may be available at the public hearing.

151 LEGAL AUTHORITY 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 recommendation is based on the 16 required findings of Section C.2.a of the Land Development Code. The applicant responses to the 16 required findings have been provided as an attachment for the City Council s review. CONSISTENCY WITH STRATEGIC PLAN GOALS: Economic Development: To promote economic development in the City of St. Cloud. Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. Professional Workforce: To attract and retain highly skilled staff in order to provide services to the community. RECOMMENDATION DRC recommends APPROVAL of the request for Rezoning for Ordinance No On May 15, 2018, the Planning Commission reviewed this request for Rezoning and made a recommendation of APPROVAL with a 3-0 vote. COST OF PROJECT: There is no cost associated with this item. TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS:

152 N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval CITY COUNCIL ACTION: 06/28/ /14/ Passed, motion was made by Council Member Shroyer, seconded by Council Member Askew, vote was 4-1, Council Member Cooper voted nay. ATTACHMENTS: Description Staff Report Ordinance ZON Required Findings School Capacity Report

153 City Council Staff Report Meeting Date: June 14, 2018 and June 28, 2018 DRC Case # Ordinance No Type of Application Rezoning Case Name S.A.B. Business Office Applicant/Owner Michael Reilly Christine Farrugia Agent Raymond Stangle, Jordan Engineering Group, LLC Address/Location 3 11th Street and 1101 Mississippi Avenue Parcel ID # , Total Land Area +/ acres Project Planner Shuo Liu Figure 1 Aerial Map Request The applicant is requesting consideration of a zoning district of P, Professional for approximately acres of land, known as S.A.B. Business Office, as shown on Figure 1 above. Background The subject property is located south of 11 th Street, between Mississippi and Eastern avenue. The property comprises of approximately acres and has a Future Land Use Map designation of Medium Density Residential and zoning district of R-2, Single and Two-Family Dwelling. The applicant is requesting to rezone the subject property to P, Professional, which is consistent with the proposed Future Land Use Map designation of Commercial in DRC Case # The following table summarizes adjacent Future Land Use designations, Zoning districts, and existing uses. TABLE 1: ZONING & FUTURE LAND USE OF NEIGHBORING PROPERTIES Direction Zoning Future Land Use Existing Land Use North R-2, Single and Two- Medium Density Family Dwelling Residential Multi Family Residential East BC, Business Commercial Commercial Auto, Sales and Services West R-2, Single and Two- Medium Density Single Family Family Dwelling Residential Residential South R-2, Single and Two- Medium Density Single Family Family Dwelling Residential Residential Page 1 of 3

154 Figure 2 below depicts the current Zoning districts around the subject property. Figure 2 - Zoning Map Public Notice Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. Additional public comment may be available at the public hearing. Findings Review of 16 Required Findings of Section C.2.A of the Land Use Code: 1. The proposed Rezoning P, professional along with the proposed Future Land Use Map designation of Commercial will not have an adverse influence on living conditions in the neighborhood or create any isolated district. It would establish a continuation of the existing pattern of development, with a similar density and a consistent development pattern. 2. The applicant has submitted a document which includes responses to the 16 required findings which is attached. Consistency With Strategic Plan Goals: Economic Development: To promote economic development in the City of St. Cloud. Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. Professional Workforce: To attract and retain highly skilled staff in order to provide services to the community. Ordinance No Page 2 of 3 S.A.B. Business Office Rezoning DRC Case #

155 Staff Recommendation Staff reviewed this request for Rezoning on or before April 25, 2018, with no objections. Staff recommends APPROVAL of the request for Rezoning for Ordinance No Planning Commission Recommendation On May 15, 2018, the Planning Commission reviewed this request for Rezoning and made a recommendation of APPROVAL with a 3-0 vote. City Council Requested 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 recommendation is based on the 16 required findings of Section C.2.a of the Land Development Code. The applicant responses to the 16 required findings have been provided as an attachment for the City Council s review. Attachments Ordinance No Required Findings School Capacity Report Ordinance No Page 3 of 3 S.A.B. Business Office Rezoning DRC Case #

156 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING AND ZONING TH STREET ST. CLOUD, FL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, ASSIGNING A ZONING DISTRICT OF P PROFESSIONAL, COMPATIBLE WITH A COMMERCIAL FUTURE LAND USE DESIGNATION CHANGE, ADOPTED BY ORDINANCE NO , FOR APPROXIMATELY ACRES, LOCATED SOUTH OF 11TH STREET, BETWEEN MISSISSIPPI AND EASTERN AVENUE; 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, Florida Ordinance No has amended the Future Land Use Map of the Comprehensive Plan designating the property as "Commercial ; and WHEREAS, the proposed zoning is consistent with the Commercial designation; and, WHEREAS, the property described below is less than five percent (5%) of the total land area of the City of St. Cloud, Florida; and, WHEREAS, the City Council has received the recommendation of the Planning Commission dated May 15, 2018; 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, Florida and its citizens that the proposed rezoning be approved. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of St. Cloud, Florida, as follows: SECTION 1: That Ordinance No. 87-HH of the City of St. Cloud, Florida, passed and adopted October 1, 1987, and any amendments to the ordinance, being the Land Development Code of the City of St. Cloud, Florida, is hereby amended to include and designate on the Official Zoning Map a P - Professional zoning district classification for the property as shown on Exhibit A, and described as follows: Ordinance No Page 1 of 4 S.A.B. Business Office DRC Case #

157 LOT 1, BLOCK 354, THE SEMINOLE LAND AND INVESTMENT CO. S (INCORPORATED) MAP OF TOWN OF ST. CLOUD, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGES 33 AND 34, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. AND LOT 4, BOCK 354, THE SEMINOLE LAND & INVESTMENT CO. S (INCORPORATED) MAP OF TOWN OF ST. CLOUD, ACCORDING TO THE OFFICAL PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGES 33 AND 34 OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. CONTAINING ACRES, MORE OR LESS. SECTION 2: The property is rezoned to P - Professional, 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: Upon adoption of this ordinance, the Planning Commission recommendation and "Proof of Publication" of the required Public Hearing notices shall be filed in the Department of Planning and Zoning. SECTION 5: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. Ordinance No Page 2 of 4 S.A.B. Business Office DRC Case #

158 SECTION 6: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 14 th day of June, Second Reading and Final Passage on the 28 th day of June, 2018 ATTEST: Linda P. Jaworski, City Clerk Nathan Blackwell, Mayor LEGAL IN FORM AND VALID IF ADOPTED: debeaubien, Simmons, Knight, Mantzaris & Neal By: Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return to a Public Official: City Manager, City of St. Cloud; th Street; St. Cloud, Florida Ordinance No Page 3 of 4 S.A.B. Business Office DRC Case #

159 1 Exhibit A Ordinance No Page 4 of 4 S.A.B. Business Office DRC Case #

160 LAND DEVELOPMENT CODE C.2.A REQUIREMENTS OF THE PLANNING COMMISSION REPORT TO THE CITY COUNCIL 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. The proposed request is consistent with developing land use patterns in that area of the City between 10 th Street and 13 th Street as the City continues to grow and the proposed Professional Zoning will serve as a buffer between the existing Highway Business zonings to the west and the R-2 zoning to the east. 2. The proposed change would create an isolated district unrelated to adjacent and nearby districts. The proposed future land use and zoning request is consistent with the adjacent land use and zoning to the east, thus it will not create an isolated district. 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. As the proposed land use and zoning is changing to commercial FLU and Professional Zoning, there will be no impact on utiliities, a decrease in the generation of school age students and no adverse impact on the existing grid street system in the area. Additional storm water quality treatment will be provided with the new development, thus decreasing the impact to East Lake Tohopekaliga. 4. Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As the businesses are emerging along US 192 and to the east of the subject property, the proposed changes more logically support the use of the property as professional office as opposed to the current residential uses. 5. The proposed change would be contrary to the land use plan and would have an adverse effect on the comprehensive plan. The proposed request is consistent with Goal 1 of the Comprehensive Plan as it promotes economic vitality; and, accomdates population and development growth in an environmentally acceptable manner. The maximum intensity of 0.75 FAR will insure compatibility with the surrounding land uses to the north, south and west, The request is also consistent with Objective 1.3 as it is located in an area free of wetlands, with good soil conditions and located in an area of higher topography in the City. This request is also consistent with Policy which limits the maximum gross square footage of Commercial Land Use to ensure compatibility with surround land uses and minimize the impact on existing and anticipated public facilities. 6. Changed or changing conditions make the passage of the proposed amendment necessary. The emergent businesses and institutional activiities on Eastern Avenue, together with the existing commercial and travel trailer park located south of the proposal will allow for this request to serve as a buffer to the residential development to the west and north. The Professional Office zoning will insure limiited activities and traffic generation. 7. The proposed change will adversely influence living conditions in the neighborhood. With the Professional Office zoning, this request will not adversely impact existing living conditions in the area. The property will ber required to construct sidewalks along all road frontages which will encourage additiional sitewalks to be constructed in the area. Business activities will be limited to daylight hours durring the weekdays and minimize activiites on the weekends. 1

161 8. The proposed change will create or excessively increase traffic congestion or otherwise affect public safety. As this property is served by the City's grid street system, with all roadways being paved, the change will result in a limited increase in traffic. Public safety will be improved with the installation of sidewalks and driveways will be located to insure maximum visibility. In additiion, the vehicular access could be limited by staff to Eastern Avenue, thus actually decreasing traffic on Mississippi Avenue. 9. The proposed change will create a drainage problem. This property is located in an area of well drained soils dand generally good drainage system. The proposed development will be required to construct storm water management facilities to improve runoff water quality and limit peak discharges to the City's existing drainge system. 10. The proposed change will seriously reduce light or air to adjacent areas. With the limited FAR allowed by the Comprehensive Plan and the LDC's minimum building set-backs, light reduction and impacts to air quality are not anticipated. In addition, the potential lighting of any parking lots will be limited to just the property and will not impact any neighboring property. 11. The proposed change will adversely affect property values in the adjacent area. Redevelopment of this property in compliance with the City's Comprehensive Plan and Land Development Code will improve the overall property values in the area as the development wil improve the City's infrastructure improvements (sidewalks) and serve to buffer the exisitng residential development located west and north of the existing commercial located east of the property. 12. The proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed request will actually improve the ability of adjacent property to redevelop and improve in accordance with the City's Comprehensive Plan and Land Development Code as an example of responsible redevelopment. 13. The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed request is consistent with the City's Comprehensive Plan which applies to all properties within the City. Therefore, granting the requested Future Land Use and Zoning is not a grant of special privilege and is actually encouraged by the Comprehensive Plan. 14. There are substantial reasons why a reasonable use of property cannot be accomplished under existing zoning. With the existing commercial and business uses located along Eastern Avenue between 10 th and 13 th Street, it is difficult at best to use or improve the property as a single family residence under the existing zoning of R-2. The requested change in zoning to Professional will serve as a buffer to the properties to the west, while being more compatible with the Highway Business zoning to the east. 15. Whether the change suggested is out of scale with the needs of the neighborhood or the city. As the Comprehensive Plan number 1 goal is to promote economic vitality, this requested change is compatible with the needs of the City and will improve the look and infrastructure of the immediate neighborhood. 16. It is impossible to find other adequate sites in the city for the proposed use in districts already zoned for such use. The applicant has looked for other properties in the City and cannot find any properities at the price point and proximity to 13 th Street, especially with the connectivity to both 13 th Street and 10 th Street. 2

162 THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA PLANNING SERVICES DEPARTMENT SCHOOL CAPACITY REPORT SDOC # 2017/ DRC#: Current FLU: MDR Requested FLU: COM (# ) PROJECT NAME: S. A. B. Business Office Current Zoning: R-2 PROJECT LOCATION: 3 Eleventh St. & 1101 Mississippi Ave. Requested Zoning: P COMMENTS DUE DATE: April 19, 2018 PID#: No Impact on Public Schools Page 1 of 1 April 9, 2018 Q:\FACD\PLANNING SERVICES\Growth Management\Development Review\City of St. Cloud\School Capacity Reports\ \ , S.A.B. Business Office - Zoning.docx (Rev )

163 AGENDA First Reading: Item # VIII. 4. Public Hearings First Public Hearing: Ordinance No Resolution No. Second Public Hearing: 06/28/2018 Final Action: DATE OF MEETING: JUNE 28, /28/18 06/14/18 - Passed, motion by Council Member Matheny, seconded by Council Member Askew, vote was 5-0, all members voting, "aye." AGENDA ITEM (Brief Description) Ordinance No DEPARTMENT SUMMARY: FINAL PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, amending the Land Development Code by amending Article III, Zoning Regulations, Division 4, Establishment And Duties of Commission and Boards, Section Board of adjustment, and providing for severability, conflicts, codification and an effective date. (Above is full title) ACTION ON ORDINANCE REQUEST The request is for modification to the Land Development Code in order to establish the special exception process. BACKGROUND Ordinance No is an amendment to ARTICLE III, Zoning Regulations, Division 4, Establishment And Duties of Commission and Boards, Section Board of adjustment, of the Land Development Code (LDC). Ordinance No , which amended Section Accessory Structures, of the LDC, identifies the special exception process as a way to allow accessory structures that are larger than 400 square feet. However, the special exception process was not established by that ordinance. This Ordinance No establishes the special exception process. LEGAL AUTHORITY

164 The City Council is authorized pursuant to Section of the Land Development Code to consider and adopt or reject proposed amendments to or the repeal of the zoning regulations contained therein. STRATEGIC PLAN GOAL This item is consistent with the following City of St. Cloud Strategic Goal: Public Service: To ensure cost effective service while providing a high level of service to our internal and external customers. RECOMMENDATION Staff recommends APPROVAL of Ordinance No COST OF PROJECT: There is no cost associated with this item. TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A

165 CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval CITY COUNCIL ACTION: 06/28/18 06/14/18 - Passed, motion by Council Member Matheny, seconded by Council Member Askew, vote was 5-0, all members voting, "aye." ATTACHMENTS: Description Staff Report Memo CC Ordinance No

166 MEMORANDUM REPORT FOR CITY COUNCIL MEETING JUNE 28, 2018 TO: THRU: FROM: SUBJECT: Mayor and Council Members Andre A. Anderson, AICP, Director Planning and Zoning Department Christopher C. Mills, Principal Planner Planning and Zoning Department Board of Adjustment Special Exceptions Ordinance No is an amendment to ARTICLE III, Zoning Regulations, Division 4, Establishment And Duties of Commission and Boards, Section Board of adjustment, of the Land Development Code (LDC). Ordinance No , which amended Section Accessory Structures, of the LDC, identifies the special exception process as a way to allow accessory structures that are larger than 400 square feet. However, the special exception process was not established by that ordinance. This Ordinance No establishes the special exception process. COST: There is no cost associated with this item. STRATEGIC PLAN GOAL: This Ordinance is consistent with the following City of St. Cloud Strategic Goal: Public Service: To ensure cost effective service while providing a high level of service to our internal and external customers. STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance No Attachment: Ordinance No Page 1 of 1

167 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING & ZONING TH STREET ST. CLOUD, FL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE III, ZONING REGULATIONS, DIVISION 4, ESTABLISHMENT AND DUTIES OF COMMISSION AND BOARDS, SECTION BOARD OF ADJUSTMENT, AND PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Ordinance No amended the Section Accessory Structures, of the Land Development Code; and WHEREAS, avenues of relief from the requirements of section are described but not established. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ST. CLOUD FLORIDA: SECTION 1. ARTICLE III, Zoning Regulations, Division 4, Establishment of Duties of Commission and Boards, Section Board of Adjustment of the City of St. Cloud Land Development Code, is hereby amended as follows(underline depicts added language and strikethrough depicts removed) : C. Powers and duties 3. Special Exceptions. To authorize uses that are not normally permitted in a particular zoning district upon a demonstration that the application addresses criteria as set out in this section. 34.Powers. Board of adjustment has powers of the city manager or his designee on appeals; reversing decision of the city manager or his designee. In exercising the above mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of these zoning regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the city manager or his designee from whom the appeal is taken. 45. In matters of review. The concurring votes of three members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the city manager or his designee, or to decide in favor of the applicant on any matter upon which it is required to pass under these regulations. Ordinance No Board of Adjustment Special Exceptions Page 1 of 3 DRC Case #

168 D. Procedures for public hearing before board of adjustment. 2. Special Exceptions. The following shall apply to special exceptions: a. A special exception may be initiated by any applicant, who shall pay the application fee and make application on forms prescribed by the Planning and Zoning Department. b. Applicant shall submit a completed application including narrative describing the proposed use and information related to the type of operation, hours of operation, traffic impacts, impacts on adjacent uses, and measures proposed to mitigate such impacts (as applicable). c. Applicant shall submit a notarized Agent Authorization form (as applicable). d. Application must include a scaled drawing of the proposed use on the site that includes all existing and proposed features such as sidewalks, parking spaces, buffers, setbacks, building dimensions, and accessory structures (as applicable). e. The application shall address, at a minimum, the following factual matters below: (1) Consistency with the general pattern of land development within the zoning district; (2) Is the special exception use consistent with the trends of development in the area or neighborhood, as opposed to being detrimental to the area or neighborhood; (3) Is the special exception use consistent with the patterns of development intensity in the area or neighborhood; (4) Does the special exception use have reasonable effect on existing traffic patterns, movements and intensities without adverse impacts; (5) Is the special exception use consistent with the city's comprehensive plan; (6) Can the special exception use development be designed to function effectively for its intended purpose without creating negative off-site impacts for adjoining parcels. 23. Notices. Required legal notices shall be as included in this section of the code. 34. Public hearing. A public hearing shall be held by the board of adjustment, pursuant to requirements for public hearing as established under section of this code. Any party may appear in person, or be represented by agent or attorney. 45. Findings. The board of adjustment shall make findings that the requirements of subsection D.1.a. through f. have or have not been demonstrated by the applicant for variance. (Ord. No , ) The board of adjustment shall make findings that the requirements of subsection D.2.a through f. have or have not been demonstrated by the applicant for a special exception. (Ord. No , ) 56. Conditions and safeguards. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with these zoning regulations, including but not limited to reasonable time limits within which the action for which variance is required shall begin, or be completed, or both. Violation of such conditions and safeguards, when made a part Ordinance No Board of Adjustment Special Exceptions Page 2 of 3 DRC Case #

169 of the terms under which the variance is granted, shall be deemed a violation of these zoning regulations and shall be grounds for revocation of the variance. Unless otherwise specified by the board of adjustment, the time limit for implementation of the variance request shall be six months. SECTION 2. 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 3. CONFLICT. 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 4 CODIFICATION. Sections 1, 2 and 3 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 5. EFFECTIVE DATE. This ordinance shall be published as provided by law and shall take effect immediately upon its Second Reading and Final Passage. First Reading on the 14 th day of June, 2018 Second Reading on the 28 th day of June, 2018 ATTEST: Nathan Blackwell, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DeBeaubien, Knight, Simmons, Mantzaris & Neal Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S. Ordinance No Board of Adjustment Special Exceptions Page 3 of 3 DRC Case #

170 AGENDA First Reading: Item # VIII. 5. Public Hearings Ordinance No Resolution No. DATE OF MEETING: JUNE 28, 2018 First Public Hearing: 06/28/2018 Second Public Hearing: 07/19/2018 Final Action: 07/19/2018 AGENDA ITEM (Brief Description) Ordinance No DEPARTMENT SUMMARY: FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud, Florida, assigning a zoning district of HB Highway Business, compatible with a Commercial Future Land Use designation, for approximately acres, located south of Friars Cove Lane, west of 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) (Final Public Hearing will be heard on July 19, 2018) ACTION ON ORDINANCE NO REQUEST The applicant is requesting consideration of a zoning district of HB Highway Business for approximately acres of land, known as Toho Marine. BACKGROUND The subject property is located south of Friars Cove Lane and west of Canoe Creek Road. The property comprises of approximately acres and has a Future Land Use Map designation of Commercial and zoning district of NB - Neighborhood Business. The applicant is requesting to rezone the subject property to HB Highway Business, which is consistent with the existing Commercial Future Land Use. Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. LEGAL AUTHORITY 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 recommendation is based on the 16 required findings of Section C.2.a of the Land Development Code. The applicant responses to the 16 required findings have been provided as an attachment for the City Council s review. CONSISTENCY WITH STRATEGIC PLAN GOALS: Economic Development: To promote economic development in the City of St. Cloud. Growth Management: To create a vibrant, progressive and diverse community through collaborative

171 planning. RECOMMENDATION DRC recommends APPROVAL of the request for a Zoning Map Amendment for Ordinance No The Planning Commission will review this request for a Zoning Map Amendment on June 19, Their recommendation will be presented to the City Council at the June 28, 2018 meeting. COST OF PROJECT: There is no cost associated with this item. TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS:

172 Acting City Manager Miller recommends approval CITY COUNCIL ACTION: 07/19/2018 ATTACHMENTS: Description Staff Report CC1 Toho Marine ZMA Ordinance No CC1 Toho Marine ZMA

173 City Council Staff Report Meeting Date: June 28, 2018 DRC Case # Ordinance No Type of Application Zoning Map Amendment Case Name Toho Marine Applicant/Owner Toho Marine Joseph Clements Address/Location 3701 Friars Cove Lane Parcel ID # Total Land Area +/ acres Project Planner Trevor Bedford Figure 1 Aerial Map Request The applicant is requesting consideration of a zoning district of HB Highway Business for approximately acres of land, known as Toho Marine, as shown on Figure 1 above. Background The subject property is located south of Friars Cove Lane and west of Canoe Creek Road. The property comprises of approximately acres and has a Future Land Use Map designation of Commercial and zoning district of NB - Neighborhood Business. The applicant is requesting to rezone the subject property to HB Highway Business, which is consistent with the existing Commercial Future Land Use. The following table summarizes adjacent Future Land Use designations, Zoning districts and existing uses. TABLE 1: ZONING & FUTURE LAND USE OF NEIGHBORING PROPERTIES Direction Zoning Future Land Use Existing Land Use North R-1B Single Family Low Density Residential Residential East PUD Low Density Residential Residential West HB Highway Business Commercial Boat Sales South HB Highway Business Commercial Boat Sales Page 1 of 3

174 Figure 2 below depicts the current Zoning districts around the subject property. Figure 2 - Zoning Map Public Notice Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. Findings Review of 16 Required Findings of Section C.2.A of the Land Use Code: 1. The proposed Zoning Map Amendment HB Highway Business will not have an adverse influence on living conditions in the neighborhood or create any isolated district. It would establish a continuation of the existing pattern of development, with a similar density and a consistent development pattern. 2. The applicant has submitted a document which includes responses to the 16 required findings which is attached. Consistency With Strategic Plan Goals: Economic Development: To promote economic development in the City of St. Cloud. Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. Ordinance No Page 2 of 3 Toho Marine Zoning Map Amendment DRC Case #

175 Staff Recommendation Staff reviewed this request for Rezoning on or before May 8, 2018, with no objections. Staff recommends APPROVAL of the request for a Zoning Map Amendment for Ordinance No Planning Commission Recommendation The Planning Commission reviewed this request for a Zoning Map Amendment on June 19, Their recommendation will be presented to the City Council at the June 28, 2018 meeting. City Council Requested 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 recommendation is based on the 16 required findings of Section C.2.a of the Land Development Code. The applicant responses to the 16 required findings have been provided as an attachment for the City Council s review. Attachments Ordinance No Required Findings School Capacity Report Ordinance No Page 3 of 3 Toho Marine Zoning Map Amendment DRC Case #

176 Ordinance No Page 4 of 3 Toho Marine Zoning Map Amendment DRC Case #

177 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING AND ZONING TH STREET ST. CLOUD, FL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, ASSIGNING A ZONING DISTRICT OF HB HIGHWAY BUSINESS, COMPATIBLE WITH A COMMERCIAL FUTURE LAND USE DESIGNATION, FOR APPROXIMATELY ACRES, LOCATED SOUTH OF FRIARS COVE LANE, WEST OF 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. WHEREAS, zoning districts are required to be consistent with Comprehensive Plan of the City of St. Cloud; and, WHEREAS, the proposed zoning is consistent with the existing Future Land Use designation of Commercial ; and, WHEREAS, the property described below is less than five percent (5%) of the total land area of the City of St. Cloud, Florida; and, WHEREAS, the City Council has received the recommendation of the Planning Commission dated June 19, 2018; 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, Florida and its citizens that the proposed rezoning be approved. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of St. Cloud, Florida, as follows: SECTION 1: That Ordinance No. 87-HH of the City of St. Cloud, Florida, passed and adopted October 1, 1987, and any amendments to the ordinance, being the Land Development Code of the City of St. Cloud, Florida, is hereby amended to include and designate on the Official Zoning Map a HB Highway Business zoning district classification for the property as shown on Exhibit A, and described as follows: THE SOUTHERLY FEET OF LOT 28 LYING WESTERLY OF CANOE CREEK ROAD, OF THE SEMINOLE LAND & INVESTMENT COMPANY S SUBDIVISION OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST, ACCORDING TO THE PLAT Ordinance No Page 1 of 4 Toho Marine Zoning Map Amendment DRC Case #

178 THEREOF AS RECORDED IN PLAT BOOK B, PAGE 19, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. CONTAINING ACRES, MORE OR LESS. 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: Upon adoption of this ordinance, the Planning Commission recommendation and "Proof of Publication" of the required Public Hearing notices shall be filed in the Department of Planning and Zoning. SECTION 5: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. Ordinance No Page 2 of 4 Toho Marine Zoning Map Amendment DRC Case #

179 SECTION 6: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 28 th day of June, Second Reading and Final Passage on the 19 th day of July, 2018 Nathan Blackwell, Mayor ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: debeaubien, Simmons, Knight, Mantzaris & Neal By: Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return to a Public Official: City Manager, City of St. Cloud; th Street; St. Cloud, Florida Ordinance No Page 3 of 4 Toho Marine Zoning Map Amendment DRC Case #

180 1 Exhibit A Ordinance No Page 4 of 4 Toho Marine Zoning Map Amendment DRC Case #

181 AGENDA First Reading: Item # VIII. 6. Public Hearings First Public Hearing: 06/28/2018 Second Public Hearing: Ordinance No DATE OF MEETING: JUNE 28, 2018 Resolution No. Final Action: 07/19/18 AGENDA ITEM (Brief Description) Ordinance No DEPARTMENT SUMMARY: FIRST PUBLIC HEARING FOR ORDINANCE NO , an ordinance of the City Council of the City of St. Cloud amending Article III, Zoning Regulations, Division 20 Supplemental District Regulations, Section Accessory Structures, Subsection A Residential Districts, and providing for severability, conflict, codification and effective date. (Above is full title) (Final Public Hearing will be heard on July 19, 2018) ACTION ON ORDINANCE REQUEST The request is for modification to the Land Development Code in order to order to increase the maximum permitted size of an accessory structure without requiring a special exception, and to place the responsibility for approving special exceptions within the purview of the Board of Adjustment, not the City Council. BACKGROUND Ordinance No amended Article I, Definitions, Section General, Article III, Zoning Regulation, Division 20, Supplemental District Regulations, Section Accessory Structures, Subsection A Residential Districts of the Land Development Code (LDC). This ordinance added architectural standards and other requirements in order to provide for accessory structures that are consistent and compatible with the architectural character of the residential neighborhoods. Ordinance No is a simple revision of those changes based on public input, raising the maximum size of accessory structures from 400 square feet to 800 square feet, and placing the responsibility for approving special exceptions within the purview of the Board of Adjustment, not the City Council This Ordinance is consistent with the following City of St. Cloud Strategic Goal: Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. STAFF RECOMMENDATION

182 Staff recommends APPROVAL of Ordinance No for the amendment to Article 1, Definitions, Section General, Article III, Zoning Regulation, Division 20, Supplemental District Regulations, Section Accessory Structures, Subsection A Residential Districts of the Land Development Code LEGAL AUTHORITY The City Council is authorized pursuant to Section of the Land Development Code to consider and adopt or reject proposed amendments to or the repeal of the zoning regulations contained therein. STRATEGIC PLAN GOAL This item is consistent with the following City of St. Cloud Strategic Goal: Public Service: To ensure cost effective service while providing a high level of service to our internal and external customers. RECOMMENDATION Staff recommends APPROVAL of Ordinance No COST OF PROJECT: There is no cost associated with this item. TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: N/A

183 PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval. CITY COUNCIL ACTION: 07/19/18 ATTACHMENTS: Description Staff Report CC Ordinance No

184 MEMORANDUM REPORT FOR CITY COUNCIL MEETING - ON JUNE 28, 2018 To: Thru: From: Subject: City Council Members Andre A. Anderson, Director Planning and Zoning Department Christopher C. Mills, Planner III Planning and Zoning Department Accessory Structures Section Revision Date: June 18, 2018 Ordinance No amended Article I, Definitions, Section General, Article III, Zoning Regulation, Division 20, Supplemental District Regulations, Section Accessory Structures, Subsection A Residential Districts of the Land Development Code (LDC). This ordinance added architectural standards and other requirements in order to provide for accessory structures that are consistent and compatible with the architectural character of the residential neighborhoods. Ordinance No is a simple revision of those changes based on public input, raising the maximum size of accessory structures from 400 square feet to 800 square feet, and placing the responsibility for approving special exceptions within the purview of the Board of Adjustment, not the City Council. This Ordinance is consistent with the following City of St. Cloud Strategic Goal: Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance No for the amendment to Article 1, Definitions, Section General, Article III, Zoning Regulation, Division 20, Supplemental District Regulations, Section Accessory Structures, Subsection A Residential Districts of the Land Development Code Attachment: Ordinance No Page 1 of 1

185 RETURN TO: CITY OF ST. CLOUD DEPT OF PLANNING AND ZONING th STREET ST. CLOUD, FL ORDINANCE NUMBER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD AMENDING ARTICLE III, ZONING REGULATIONS, DIVISION 20 SUPPLEMENTAL DISTRICT REGULATIONS, SECTION ACCESSORY STRUCTURES, SUBSECTION A RESIDENTIAL DISTRICTS, AND PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION AND EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ST CLOUD, FLORIDA, as follows: Section 1. Article III Zoning Regulations, Division 20 Supplemental District Regulations, Section Accessory structures, Subsection A Residential districts, Subsubsection 2 Special restrictions of the Land Development Code of the City of St. Cloud is amended to read as follows: (underlined indicates added language and strike through indicates deleted language) e. No accessory structure shall be larger than square feet unless a special exception is approved by the council Board of Adjustment. f. Only one (1) square foot accessory structure per residence shall be allowed unless a special exception is approved by council Board of Adjustment. j. By special exception approved by the council Board of Adjustment, a detached or attached private garage may exceed eighteen (18) feet in height but no greater than thirty-five (35) feet, as measured from the ground to the highest point of the roof to allow for the parking of a recreational or similar vehicle. Section 2. 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 3. 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 4. Codification. The text of Section 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 affecting the Ordinance No Accessory Structures Sec Revision Page 1 of 2 DRC Case No

186 substance of this ordinance by the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise to take such editorial license. Section 5. Effective Date. This ordinance shall take effect as provided by applicable law. First Reading on the 28 th day of June, 2018 Second Reading on the 19 th day of July, 2018 Nathan Blackwell, Mayor ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DeBeaubien, Simmons, Knight, Mantzaris & Neal, LLP Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S. Ordinance No Accessory Structures Sec Revision Page 2 of 2 DRC Case No

187 AGENDA First Reading: Item # VIII. 7. Public Hearings First Public Hearing: 06/28/2018 Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 06/28/18 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: RESOLUTION NO R, a resolution of the City Council of the City of St. Cloud, Florida, granting a Conditional Use to operate a Child Care Center at 503 Brown Chapel Road, St. Cloud, Florida, as described in the body of this resolution. (Above is full title) ACTION ON RESOLUTION NO R REQUEST The applicant is requesting a Conditional Use to allow a Child Care Center at 503 Brown Chapel Road in an R-3 Multi-Family Dwelling zoning district. BACKGROUND The subject property has a Future Land Use designation of Medium Density Residential and a zoning district of R-3 Multi-Family Dwelling. A Child Care Center, which, as defined by the Land Development Code, includes day nurseries, kindergartens, day care service, day care agency, nursery school or play school, is a conditional use in the R-3 Zoning District. The applicant is requesting approval of a child care facility with capacity for 75 children within a proposed church. Places of worship are permitted by right in the R-3 zoning district. A proposed site plan for the church is attached to this report. LEGAL AUTHORITY Section B.3 of the Land Development Code states that the Planning Commission is empowered to hear all conditional uses specifically provided for in these zoning regulations; to decide such questions as are involved in recommending whether or not conditional uses should be granted; and to recommend to City Council whether conditional uses with such conditions and safeguards are reasonable and appropriate under these zoning regulations. CONSISTENCY WITH STRATEGIC PLAN GOALS Economic Development: To promote economic development in the City of St. Cloud. RECOMMENDATION

188 Staff recommends APPROVAL of the request of a Conditional Use for Child Care Center at 503 Brown Chapel Road. Planning Commission will hear this request for a Conditional Use on June 19, Their recommendation will be presented to the City Council at the June 28, 2018 meeting. COST OF PROJECT: There is no cost associated with this item. TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS:

189 Acting City Manager Miller recommends approval CITY COUNCIL ACTION: 06/28/18 ATTACHMENTS: Description Staff Report CC Resolution No R Factual Matters CONCEPTUAL Site Plan

190 City of St. Cloud City Council Staff Report Meeting Date: June 28, 2018 DRC Case # Resolution No R Type of Application Conditional Use Case Name Hearts of Blessings Church Applicant/Owner Madiel F. Uri Hearts of Blessings International, Inc Agent Raymond Stangle Jordan Brothers Construction, LLC. Address/Location 503 Brown Chapel Road Parcel ID # Total Land Area +/ Acres Project Planner Christopher Mills Figure 1 Aerial Map Request The applicant is requesting approval of a Conditional Use for a Child Care Center at 503 Brown Chapel Road, as shown in Figure 1 above. Background The subject property has a Future Land Use designation of Medium Density Residential and a zoning district of R-3 Multi-Family Dwelling. A Child Care Center, which, as defined by the Land Development Code, includes day nurseries, kindergartens, day care service, day care agency, nursery school or play school, is a conditional use in the R-3 Zoning District. The applicant is requesting approval of a child care facility with capacity for 75 children within a proposed church. Places of worship are permitted by right in the R-3 zoning district. A proposed site plan for the church is attached to this report. As required by the Land Development Code Section C.3.b, the applicant has provided responses to the six factual matters listed therein. The proposed conditional use is consistent with the Future Land Use Map designation of Medium Density Residential in the City s Comprehensive Plan. In areas with higher population densities, providing residential services within the communities helps alleviate stress to the surrounding infrastructure. The proposed use will not have adverse impacts on existing traffic pattern or intensity. Page 1 of 4

191 Table 1, below, summarizes adjacent Future Land Use designations, zoning districts, and existing uses TABLE 1: ZONING & FUTURE LAND USE OF NEIGHBORING PROPERTIES Direction Zoning Future Land Use Existing Land Use North R-3 Multi-Family Dwelling Medium Density Residential Single Family, Duplex East R-2 Single & Two-Family Dwelling Medium Density Residential Single Family South R-3 Multi-Family Dwelling Medium Density Residential Single Family West P Professional Private / Institutional Church Figures 2 and 3 below depict the current Zoning districts and Future Land Use designations. Figure 2 Zoning Map Resolution No R Hearts of Blessings Church - Conditional Use Case No Page 2 of 4

192 Figure 3 Future Land Use Map Public Notice Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. No oral or written comments have been received from the public at the time of this report s distribution. Additional public comment may be available at the public hearing. Consistency with Strategic Plan Goals Economic Development: To promote economic development in the City of St. Cloud. DRC/Staff Recommendation DRC/Staff has reviewed this request on or before May 11, 2018 and recommends APPROVAL of the request of a Conditional Use for Child Care Center at 503 Brown Chapel Road. Planning Commission Recommendation Planning Commission will hear this request for a Conditional Use on June 19, Their recommendation will be presented to the City Council at the June 28, 2018 meeting. City Council Requested Action Section C.5.c of the Land Development Code states that before any conditional use is granted, the City Council shall make a finding, based upon the consideration of the factual matters stated as questions, that the granting of the conditional use will not adversely affect the public interest, but rather will promote the public Resolution No R Hearts of Blessings Church - Conditional Use Case No Page 3 of 4

193 health, safety, and general welfare. Such finding shall be made if all of the factual matters, stated as questions, are answered in the affirmative, but if not, the conditional use application shall be denied. The applicant has provided responses to the six factual matters and they are attached. Attachments Resolution No R Applicant Response to the Six Factual Matters Conceptual Site Plan Resolution No R Hearts of Blessings Church - Conditional Use Case No Page 4 of 4

194 RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, GRANTING A CONDITIONAL USE TO OPERATE A CHILD CARE CENTER AT 503 BROWN CHAPEL ROAD, ST. CLOUD, FLORIDA, AS DESCRIBED IN THE BODY OF THIS RESOLUTION. WHEREAS, the applicant Hearts of Blessings International, Inc., has made application for a Conditional Use to allow for a Child care center at 593 Brown Chapel Road, St. Cloud, FL, and has been assigned DRC# ; and WHEREAS, the Planning Commission held a public hearing on this request June 19, 2018, at which it made a recommendation of APPROVAL; and WHEREAS, the City Council held a public hearing on this request on June 28th, 2018, and determined that the request for a Conditional Use satisfies the six criteria for granting a Conditional Use required by Section C.3.b of the Land Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. CLOUD, FLORIDA, as follows: SECTION 1. The subject property to which this conditional use is applicable is shown in Exhibit A and is described below: LOT 273, THE SEMINOLE LAND AND INVESTMENT CO. S (INCORPORATED) SUBDIVISION OF SECTION 3, TOWNSHIP 26 SOUTH, RANGE 30 EAST, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGES 61 THROUGH 64, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. CONTAINING 53, SQUARE FEET ( ACRES) SECTION 2. The Conditional Use is for a Child care center in the R-3 Multi-Family Dwelling zoning district, as listed in the Land Development Code. SECTION 3. The City Council has determined that the granting of the conditional use will not adversely affect the public interest, but rather will promote the health, safety and Resolution No R Page 1 of 3 DRC Case # Hearts of Blessings Church

195 general welfare. This determination is based upon, but not limited to, consideration of the following factual matters in Section C.3.b of the Land Development Code: SECTION 5. a. Is the conditional use consistent with the general pattern of land development within the zoning district? b. Is the conditional use consistent with the trends of development in the area or neighborhood, as opposed to being detrimental to the area or neighborhood? c. Is the conditional use consistent with the patterns of development intensity in the area or neighborhood? d. Does the conditional use have reasonable effect on existing traffic patterns, movements and intensities without adverse impacts? e. Is the conditional use consistent with the City's Comprehensive Plan? f. Can the conditional use development be designed to function effectively for its intended purpose without creating negative off-site impacts for adjoining parcels? The conditional use granted by this resolution shall expire twelve (12) months after the effective date of such action by the City Council unless any required local business tax receipt and certificate of use or building permit based upon and incorporating the conditional use is obtained within one year of the approval date of this resolution. SECTION 6. This resolution shall take effect immediately upon its adoption by the City Council of the City of St. Cloud, Florida. ADOPTED this 28 th day of June, ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: debeaubien, Simmons, Knight, Mantzaris & Neal By: Daniel F. Mantzaris, City Attorney Nathan Blackwell, Mayor Resolution No R Page 2 of 3 DRC Case # Hearts of Blessings Church

196 Exhibit A Resolution No R Page 3 of 3 DRC Case # Hearts of Blessings Church

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199 AGENDA First Reading: Item # VIII. 8. Public Hearings First Public Hearing: 06/28/2018 Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 06/28/18 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: RESOLUTION NO R, a resolution of the City Council of the City of St. Cloud, Florida, granting a standard site variance to Hearts of Blessings Church, located at 503 Brown Chapel Road, as is more fully described in the body of this resolution, regarding Division 13, parking stall requirements, Section minimum dimensions, of the Land Development Code of the City of St. Cloud, Florida; providing that all other applicable land development code sections are met, providing for expiration, and an effective date. (Above is full title) ACTION ON RESOLUTION R REQUEST The requested site variance is for relief of the requirements of Division 13, Parking Stall Requirements, Section Minimum Dimensions, in order to provide grass parking for 44 of the 61 required parking spaces for a place of worship at 503 Brown Chapel Road. BACKGROUND The subject property has a Future Land Use designation of Medium Density Residential and a zoning district of R-3 Multi-Family Dwelling. A proposed site plan for the church is attached to this report. The applicant has a separate application (DRC Case # ) requesting approval of a conditional use for a child care center with capacity for 75 children within a proposed church. The applicant is making a site variance request to waive Section of the Land Development Code (LDC) to allow grass parking for 44 of the required 61 parking spaces in lieu of asphalt or concrete pavement. This section of the LDC sets forth general requirements for off-street parking stall design and construction. Economic Development: To promote economic development in the City of St. Cloud. STAFF RECOMMENDATION DRC/Staff recommends APPROVAL Resolution No R to grant a waiver of the requirements of Section of the LDC to allow grass parking for 44 of the 61 required parking spaces at 503 Brown Chapel Road. LEGAL AUTHORITY

200 The City Council is authorized pursuant to Section of the Land Development Code to grant a standard site variance from the applicability or specific terms of these regulations, exclusive of zoning regulations which shall be heard by the board of adjustment, when such standard site variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this article would result in unnecessary hardship. STRATEGIC PLAN GOAL This item is consistent with the following City of St. Cloud Strategic Goal: Economic Development: To promote economic development in the City of St. Cloud. RECOMMENDATION Staff recommends APPROVAL of Resolution No R COST OF PROJECT: There is no cost associated with this item. TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: N/A

201 PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval. CITY COUNCIL ACTION: 06/28/18 ATTACHMENTS: Description Staff Report Resolution No R Variance Justification Conceptual Site Plan

202 City of St. Cloud City Council Staff Report Meeting Date: June 28, 2018 DRC Case # Resolution No R Type of Application Site Variance Case Name Hearts of Blessings Church Applicant/Owner Madiel F. Uri Hearts of Blessings International, Inc Agent Raymond Stangle Jordan Brothers Construction, LLC. Address/Location 503 Brown Chapel Road Parcel ID # Total Land Area +/ Acres Project Planner Christopher C. Mills Figure 1 Aerial Map Request The applicant is requesting a site variance for relief of the requirements of Division 13, Parking Stall Requirements, Section Minimum Dimensions, in order to provide grass parking for 44 of the 61 required parking spaces for a place of worship at 503 Brown Chapel Road, as shown in Figure 1 above. Background The subject property has a Future Land Use designation of Medium Density Residential and a zoning district of R-3 Multi-Family Dwelling. A proposed site plan for the church is attached to this report. The applicant has a separate application (DRC Case # ) requesting approval of a conditional use for a child care center with capacity for 75 children within a proposed church. The applicant is making a site variance request to waive Section of the Land Development Code (LDC) to allow grass parking for 44 of the required 61 parking spaces in lieu of asphalt or concrete pavement. This section of the LDC sets forth general requirements for off-street parking stall design and construction. Public Notice Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. No oral or written comments have been received from the public at the time of this Page 1 of 3

203 report s distribution. Additional public comment may be available at the public hearing. Consistency with Strategic Plan Goals Economic Development: To promote economic development in the City of St. Cloud. DRC/Staff Recommendation DRC/Staff has reviewed this request on or before May 11, 2018 and provided the following informational comments: Public Works: The parking space dimensions need to meet the City s minimum standards. Lines Division: A 10 foot (10 ) wide utility easement will be required on all property lines or tracts abutting a right of way. A minimum 15 foot (15 ) wide utility easement is required centered over the water main, fire hydrants and up to the water meters. A minimum 20 foot (20 ) wide utility easement is required centered over the sanitary sewer main and service laterals up to the clean-outs. All necessary paperwork for dedication to the City of required Utility Easements must be received prior to release of water meters for the property. Required documentation for all Utility Easements includes at a minimum suitable easement document, legal description and sketch of the easement, and a Certificate of Title for the parent parcel dated no more than 15 days prior to receipt of the easement paperwork. Fire Department: A fire hydrant will need to be placed at the entrance to the property Police Department: Once this project is completed it will impact the Police Department by increasing the calls for service. I recommend security cameras be placed around the outside of the business. There needs to fencing to protect the children from wandering into traffic. DRC/Staff recommends APPROVAL of the request of a waiver of the requirements of Section of the LDC to allow grass parking for 44 of the 61 required parking spaces at 503 Brown Chapel Road. City Council Requested Action The City Council shall review the standards in Section A. of the Land Development Code and determine that the standard site variance being granted is the minimum variance required in order to make possible the reasonable use of the land, buildings, and other improvements and would be in harmony with the general purpose and intent of these regulations, will not be injurious to the surrounding territory, or otherwise be detrimental to the public. In granting any standard site variance, the City Council may prescribe appropriate conditions and safeguards to ensure that the purposes of these regulations are carried out and to ensure that the standard site variance granted is the minimum necessary to allow reasonable use of the land and improvements. Resolution No R Hearts of Blessings Church Site Variance Case No Page 2 of 3

204 Attachments Resolution No R Variance Justification Conceptual Site Plan Resolution No R Hearts of Blessings Church Site Variance Case No Page 3 of 3

205 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING & ZONING TH STREET ST. CLOUD, FL RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, GRANTING A STANDARD SITE VARIANCE TO HEARTS OF BLESSINGS CHURCH, LOCATED AT 503 BROWN CHAPEL ROAD, AS IS MORE FULLY DESCRIBED IN THE BODY OF THIS RESOLUTION, REGARDING DIVISION 13, PARKING STALL REQUIREMENTS, SECTION MINIMUM DIMENSIONS, OF THE LAND DEVELOPMENT CODE OF THE CITY OF ST. CLOUD, FLORIDA; PROVIDING THAT ALL OTHER APPLICABLE LAND DEVELOPMENT CODE SECTIONS ARE MET, PROVIDING FOR EXPIRATION, AND AN EFFECTIVE DATE. WHEREAS, a written application for a Standard Site Variance was submitted by the applicant, Madiel F. Uri of Hearts of Blessings International, Inc. on April 20, 2018, has been assigned a DRC Case No ; and WHEREAS a Public Hearing was held on the June 28, 2018, to consider a request for a standard site variance to Section of the City of St. Cloud's Land Development Code; and WHEREAS, upon review of the variances requested, after due notice to the public and written notice to the adjacent property owners, the City Council has determined that the standards of application pursuant to Land Development Code Section have been satisfied, that granting a variance to the applicability or specific terms of the above cited regulations will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this article would result in unnecessary hardship and such variances shall not be granted if it has the effect of nullifying the intent and purpose of these regulations, and furthermore, such the City Council has found that the granting of the requested variances: 1. Is the minimum variance required in order to make possible the reasonable use of the land, buildings, and other improvements; and, 2. The variances would be in harmony with the general purpose and intent of these regulations, will not be injurious to the surrounding territory, or otherwise be detrimental to the public. Resolution No R Hearts of Blessings Church Site Variance DRC Case # Page 1 of 4

206 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ST. CLOUD, FLORIDA, as follows: SECTION 1: The following described real property of these site variances, as also shown in Exhibit A, is the subject property: LOT 273, THE SEMINOLE LAND AND INVESTMENT CO. S (INCORPORATED) SUBDIVISION OF SECTION 3, TOWNSHIP 26 SOUTH, RANGE 30 EAST, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGES 61 THROUGH 64, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. CONTAINING 53, SQUARE FEET ( ACRES) SECTION 2: The requested variance to the Land Development Code Section , which requires asphalt or pavement parking, in order to permit grass parking for 44 of the 61 required parking spaces, is hereby granted. SECTION 3: Approval of this Resolution is conditioned upon approval by the City Attorney and recording in the public records by applicant. Resolution No R Hearts of Blessings Church Site Variance DRC Case # Page 2 of 4

207 SECTION 4: All other requirements of the above mentioned Sections of the Land Development Code and all other applicable Sections of the Land Development Code shall be met. PASSED AND ADOPTED this 28 th day of June, ATTEST: Nathan Blackwell, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL Daniel F. Mantzaris, City Attorney Resolution No R Hearts of Blessings Church Site Variance DRC Case # Page 3 of 4

208 EXHIBIT A Resolution No R Hearts of Blessings Church Site Variance DRC Case # Page 4 of 4

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216 AGENDA First Reading: Item # VIII. 9. Public Hearings First Public Hearing: 06/28/2018 Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 06/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: RESOLUTION NO R, a resolution of the City Council of the City of St. Cloud, Florida, granting a Conditional Use to operate an Assisted Living Facility use at 17 th Street, south of its intersection with Pine Lake Drive, St. Cloud, Florida, as described in the body of this resolution. (Above is full title) ACTION ON RESOLUTION NO R REQUEST The applicant is requesting approval of a Conditional Use for an Assisted Living Facility at 17th Street, south of its intersection with Pine Lake Drive in the Professional Zoning District. Background The subject property has a Future Land Use designation of Private/Institutional and a zoning district of P - Professional. An Assisted Living Facility is a conditional use in the Professional Zoning District. The applicant is requesting approval of a 79,729 square foot Assisted Living Facility with 127 units (152 beds). The same conditional use was originally approved by the City Council on April 28, 2016 through Resolution No R with the following conditions: ( 1 ) Provide trees along 17th Street and hedges along the northern boundary of property as additional landscape buffer. (2) The maximum building height shall not exceed 55 feet. A 6-month extension was approved on March 23, 2017 (Resolution No R). Therefore the original conditional use expired on October 28, 2017 and no further extensions can be granted. As required by the Land Development Code Section C.3.b, the applicant has provided responses to the six factual matters. The proposed Conditional Uses of Assisted Living Facility is consistent with the Future Land Use Map designation of Private/Institutional in the City s Comprehensive Plan. The proposed uses will not have adverse impacts on existing traffic pattern or intensity.

217 Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. Additional public comment may be available at the public hearing. LEGAL AUTHORITY Section C.5.c of the Land Development Code states that before any conditional use is granted, the City Council shall make a finding, based upon the consideration of the factual matters stated as questions, that the granting of the conditional use will not adversely affect the public interest, but rather will promote the public health, safety, and general welfare. Such finding shall be made if all of the factual matters, stated as questions, are answered in the affirmative, but if not, the conditional use application shall be denied. The applicant has provided responses to the six factual matters and they are attached. CONSISTENCY WITH STRATEGIC PLAN GOALS: Economic Development: To promote economic development in the City of St. Cloud. Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. RECOMMENDATION Staff recommends APPROVAL of the request of a Conditional Use for Assisted Living Facility use subject to the same conditions. Planning Commission will hear this request for a Conditional Use on June 19, Their recommendation will be presented to the City Council at the June 28, 2018 meeting. COST OF PROJECT: There is no cost associated with this item. TITLE / HEADER See Department Summary BACKGROUND INFORMATION: See Department Summary LEGAL AUTHORITY: See Department Summary BUDGET AND RECOMMENDATION: See Department Summary IS THIS ITEM BUDGETED: False

218 FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval. CITY COUNCIL ACTION: 06/28/2018 ATTACHMENTS: Description Staff Report CC Resolution R Applicant Response to the Six Factual Matters School Capacity Report

219 City of St. Cloud City Council Staff Report Meeting Date: June 28, 2018 DRC Case # Resolution No R Type of Application Conditional Use Case Name Copacabana ALF Applicant/Owner Cesar Russo Copacabana Properties, LLC Agent Sam Sebaali Florida Engineering Group, Inc. Address/Location 17th Street, south of its intersection with Pine Lake Drive Parcel ID # C2, B1 Total Land Area +/ acres Project Planner Shuo Liu Figure 1 Aerial Map Request The applicant is requesting approval of a Conditional Use for an Assisted Living Facility at 17th Street, south of its intersection with Pine Lake Drive in the Professional Zoning District, as shown in Figure 1 above. Background The subject property has a Future Land Use designation of Private/Institutional and a zoning district of P - Professional. An Assisted Living Facility is a conditional use in the Professional Zoning District. The applicant is requesting approval of a 79,729 square foot Assisted Living Facility with 127 units (152 beds). The same conditional use was originally approved by the City Council on April 28, 2016 through Resolution No R with the following conditions: (1) Provide trees along 17th Street and hedges along the northern boundary of property as additional landscape buffer. (2) The maximum building height shall not exceed 55 feet. A 6-month extension was approved on March 23, 2017 (Resolution No R). Therefore the original conditional use expired on October 28, 2017 and no further extensions can be granted. Page 1 of 4

220 The following table summarizes adjacent Future Land Use designations, zoning districts, and existing uses: TABLE 1: ZONING & FUTURE LAND USE OF NEIGHBORING PROPERTIES Direction Zoning Future Land Use Existing Land Use North R-3, Multi-Family Dwelling Medium Density Residential Single Family, attached East PUD Planned Unit Development, I-1, Industrial 1 Industrial, Private/Institutional Vacant South PUD, Planned Unit Development, P, Professional Private/Institutional, Public/Institutional, & Park/Open Space Vacant West P, Professional, R-1A, Single Family Dwelling Park/Open Space, Low Density Residential Vacant As required by the Land Development Code Section C.3.b, the applicant has provided responses to the six factual matters. The proposed Conditional Uses of Assisted Living Facility is consistent with the Future Land Use Map designation of Private/Institutional in the City s Comprehensive Plan. The proposed uses will not have adverse impacts on existing traffic pattern or intensity. Figures 2 and 3 below depict the current Zoning districts and Future Land Use designations. Figure 2 Zoning Map Resolution No R Copacabana ALF - Conditional Use Case No Page 2 of 4

221 Figure 3 Future Land Use Map Public Notice Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. No oral or written comments have been received from the public at the time of this report s distribution. Additional public comment may be available at the public hearing. Consistency with Strategic Plan Goals Economic Development: To promote economic development in the City of St. Cloud. Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. DRC/Staff Recommendation DRC/Staff has reviewed this request on or before May 7, 2018 and recommends APPROVAL of the request of a Conditional Use for Assisted Living Facility use at 17th Street, south of its intersection with Pine Lake Drive in the Professional Zoning District subject to the same conditions. Planning Commission Recommendation Planning Commission will hear this request for a Conditional Use on June 19, Their recommendation will be presented to the City Council at the June 28, 2018 meeting. Resolution No R Copacabana ALF - Conditional Use Case No Page 3 of 4

222 City Council Requested Action Section C.5.c of the Land Development Code states that before any conditional use is granted, the City Council shall make a finding, based upon the consideration of the factual matters stated as questions, that the granting of the conditional use will not adversely affect the public interest, but rather will promote the public health, safety, and general welfare. Such finding shall be made if all of the factual matters, stated as questions, are answered in the affirmative, but if not, the conditional use application shall be denied. The applicant has provided responses to the six factual matters and they are attached. Attachments Resolution No R Applicant Response to the Six Factual Matters School Capacity Report Resolution No R Copacabana ALF - Conditional Use Case No Page 4 of 4

223 RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, GRANTING A CONDITIONAL USE TO OPERATE AN ASSISTED LIVING FACILITY USE AT 17 TH STREET, SOUTH OF ITS INTERSECTION WITH PINE LAKE DRIVE, ST. CLOUD, FLORIDA, AS DESCRIBED IN THE BODY OF THIS RESOLUTION. WHEREAS, the applicant Cesar Russo, Copacabana Properties, LLC, has made application for a Conditional Use for an Assisted Living Facility use at the northeast quadrant of 17 th Street, south of its intersection with Pine Lake Drive, and has been assigned DRC # ; and WHEREAS, the Planning Commission held a public hearing on this request on June 19, 2018, at which it made a recommendation of approval; and WHEREAS, the City Council held a public hearing on this request on June 28, 2018, and determined that the request for a Conditional Use satisfies the six criteria for granting a Conditional Use required by Section C.5 of the Land Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. CLOUD, FLORIDA, as follows: SECTION 1. The subject property to which this conditional use is applicable is described below: BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL C OF PINE LAKE VILLAGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 256, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA, RUN THENCE SOUTH 89o EAST ALONG THE NORTHERLY LINE OF SAID PARCEL C, FEET TO THE EASTERLY LINE THEROF; RUN THENCE SOUTH 00o EAST ALONG THE EASTERLY LINE OF SAID PARCEL C A DISTANCE OF FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN CONVEYED. RUN THENCE NORTH 89o WEST FEET MORE OR LESS TO THE WESTERLY LINE OF PARCEL B OF SAID PINE LAKE VILLAGE; RUN THENCE SOUTHERLY AND EASTERLY ALONG THE WESTERLY LINE OF PARCELS B AND C OF SAID PINE LAKE VILLAGE TO A POINT FEET SOUTH 89o WEST OF THE SOUTHEAST CORNER OF SAID PARCEL C; RUN THENCE NORTH 00o WEST FEET; RUN THENCE NORTH 89o EAST FEET MORE OR LESS TO THE EASTERLY LINE OF SAID PARCEL C; RUN THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL C FEET MORE OR LESS TO THE POINT OF BEGINNING. SECTION 2. The Conditional Use is for an Assisted Living Facility in the Professional zoning district, as listed in the Land Development Code, with a maximum of 127 units (152 beds). SECTION 3. The City Council has determined that the granting of the conditional use will not adversely affect the public interest, but rather will promote the health, safety and general welfare. This determination is based upon, but not limited to, consideration of the following factual matters in Section C.5.b of the Land Development Code: Resolution No R DRC Case # Copacabana ALF Page 1 of 2

224 (1) Is the conditional use consistent with the general pattern of land development within the zoning district? (2) Is the conditional use consistent with the trends of development in the area or neighborhood, as opposed to being detrimental to the area or neighborhood? (3) Is the conditional use consistent with the patterns of development intensity in the area or neighborhood? (4) Does the conditional use have reasonable effect on existing traffic patterns, movements and intensities without adverse impacts? (5) Is the conditional use consistent with the City's Comprehensive Plan? (6) Can the conditional use development be designed to function effectively for its intended purpose without creating negative off-site impacts for adjoining parcels? SECTION 4. The following condition is applicable to this conditional use of the subject property: (1) Provide trees along 17th Street and hedges along the northern boundary of property as additional landscape buffer. (2) The maximum building height shall not exceed 55 feet. SECTION 5. The conditional use granted by this resolution shall expire twelve (12) months after the effective date of such action by the City Council unless any required local business tax receipt or building permit based upon and incorporating the conditional use is obtained within one year of the approval date of this resolution. SECTION 6. This resolution shall take effect immediately upon its adoption by the City of St. Cloud, Florida. ADOPTED this 28 th day of June, CITY OF ST. CLOUD ATTEST: Nathan Blackwell, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED DEBEAUBIEN, SIMMONS, KNIGHT, MANTZARIS & NEAL By: Daniel F. Mantzaris, City Attorney Resolution No R DRC Case # Copacabana ALF Page 2 of 2

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228 THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA PLANNING SERVICES DEPARTMENT SCHOOL CAPACITY REPORT - THREE YEAR OUTLOOK Date: 4/20/18 Current FLU: P SDOC #: 2015/ Requested FLU: N/A Jurisdiction: St. Cloud Current Zoning: Prof DRC #: Requested Zoning: N/A Project Name: Copacabana Assisted Living Facility - Conditional Use PID: B1 Project Location: 17th Street C2 Comments Due Date: 5/4/18 AC: 3.59 If proposed project increases utilization of schools above adopted level of service, applicant will obtain a Letter of Agreement outlining an accommodation plan for the students generated by this project, consistent with the provisions of Sections of the Interlocal Agreement for the Planning and Coordination of Public Schools throughout Osceola County (as required by Section , F.S.[2012]). "The County/Cities and the applicant must collaborate with the School Board to identify available means that might be used to achieve sufficient capacity to accommodate the development, which may include, but not be limited to developer contributions, project phasing, or developer provided facility improvements." If you should have any questions please feel free to contact the Osceola School District Planning Services Department at Total Proposed Units by Type SF/TH 0 MF/Condo 127 MH 0 Single Family/Townhome Multi-Family/Condo Mobile-Home STR 0 HOP 0 AWH 0 Short Term Rental Housing for Older Persons Affordable-Workforce Housing Estimated Number of New Students Generated by Proposed Development Elem. (K-5) 15 Middle (6-8) 7 High (9-12) 9 Student Generation Calculations Example Calculation: 100 (SF Units) x (Elem. Rate) = 18 (Students) Unit Types Total Units SF/TH/STR MF/Condo MH Total Student Generations Rates Students Elem. (K-5) Middle (6-8) High (9-12) Level of Service (LOS) Comments School Boundaries Permanent 3 YR. Projected Student Current Level Projected COFTE Projected LOS w/ Impacted COFTE Capacity of Service COFTE w/ Impact Impact NPES 983 1,066 92% 997 1, % NPMS 1,349 1,494 90% 1,426 1, % SCHS 2,195 2,309 95% 2,243 2, % To qualify for a School Impact Fee Exemption, the residential facility must provide 24 hour a day medical care as outlined in County Ordinance , Sec 24-2 definitions. If not, the applicant may apply for a Housing for Older Persons Application (HOPA). Please Note: To obtain an exemption from the payment of Educational System Impact Fees, an application for a Housing for Older Persons Impact Fee Exemption must be submitted to the Superintendent of Schools for the School District of Osceola County, Florida ( SDOC ) prior to receiving a building permit. No such Application has been submitted to SDOC; therefore, the potential development would not be entitled to an exemption from Educational System Impact Fees at this time. If the developer intends for the development to be age-restricted, then it must comply with the requirements of Chapter 24, Article III, Educational System Impact Fees, Osceola County Code of Ordinances (the Impact Fee Ordinance ). Specifically, in order to recieve consideration for Original: Planning Services Department Scanned Copy: Source Jurisdiction An Equal Opportunity Agency Pg. 1 of 2 FC (07/27/16)

229 THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA PLANNING SERVICES DEPARTMENT SCHOOL CAPACITY REPORT - THREE YEAR OUTLOOK Date: 4/20/18 SDOC #: 2015/ Jurisdiction: St. Cloud DRC #: Comments cont. the exemption, the developer must record a declaration of covenants and deed restrictions that run with the land, cannot be revoked or amended for at least 30 years from recording, and prohibit any person under the age of 18 years of age from residing within any dwelling unit within the development as a permanent resident. Until such time that an approved Impact Fee Exemption is on file, school impact fees will be collected at the time of Certificate of Occupancy. Upon submission and approval of the Developer s Application for an impact fee exemption, SDOC will update its analysis to reflect no impact to school capacity, and will exempt the proposed age-restricted development identified in the application from the collection of Educational System Impact Fees. Neptune Elementary School is approaching capacity. Neptune Middle School is approaching capacity and is currently utilizing five (5) relocatables on site to accommodate its existing enrollment. St. Cloud High School is approaching capacity and is currently utilizing eleven (11) relocatables on site to accommodate its existing enrollment. Based on the approved 5-Year Capital Improvement Plan a new high school is planned to open in the 2018/2019 school year and may provide relief to St. Cloud High School. Neptune Elementary School, Neptune Middle School and St. Cloud High School are projected NOT to have capacity to serve the potential students generated through school year 2019/2020. School impacts are based on the number of residential units indicated in this development application. This report is provided as a planning tool for use by the public and reflects the DOE COFTE, projected enrollment, school capacities and includes the number of potential students generated from previously approved residential developments located within the impacted schools attendance boundaries. Original: Planning Services Department Scanned Copy: Source Jurisdiction An Equal Opportunity Agency Pg. 2 of 2 FC (07/27/16)

230 AGENDA First Reading: Item # VIII. 10. Public Hearings First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 6/28/2018 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Finance is requesting this resolution be adopted to amend the Fiscal Year Budget which was adopted by Resolution R, the City Manager has certified there are prior year fund balances and/or revenues available in the Fiscal Year 2017/2018 budget for additional projects and programs in various funds not included in the original Fiscal Year2017/2018 budget, requiring the budget to be increased to include said additional funding in the various funds and making supplemental appropriations within the funds. This budget amendment meets the City s strategic plan goal for financial sustainability. COST OF PROJECT: No cost associated with this item TITLE / HEADER See department summary. BACKGROUND INFORMATION: See department summary. LEGAL AUTHORITY: See department summary. BUDGET AND RECOMMENDATION:

231 See department summary. IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: The Finance Director is requesting City Council's approval of RESOLUTION NO R, amending Resolution Number R which adopted the Fiscal Year 2017/2018 budget for the City of St. Cloud, finding the City Manager has certified there are prior year fund balances and or revenues available in the Fiscal Year 2017/2018 budget for additional projects and programs in various funds not contemplated in the original Fiscal Year 2017/2018 budget. This is the fifth budget amendment for the current fiscal year. The major components of this requested budget amendment are: (1) General Fund - $26,875 for strategic and business planning consulting services from unassigned reserves, (2) Recreation Impact Fees - $250,000 for the purchase of 901 Virginia Avenue property for future parkland (funds are available in unassigned reserves), and (3) One Percent Surcharge Fund - $31,000 to replace a city-owned vehicle destroyed in an accident. Insurance proceeds will be collected in this fund to off-set costs. The amount of the insurance proceeds is currently unknown. Funds are to be taken from unassigned reserves. PURCHASING MANAGER'S COMMENTS: CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval. CITY COUNCIL ACTION: 6/28/2018 ATTACHMENTS: Description Staff Report CC -RESOLUTION R-BUDGET AMENDMENT 5-FY Resolution No R-BA-#5 Exhibit R-Back-Up Memo-exec

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236 AGENDA First Reading: Item # IX. 1. Council Action First Public Hearing: Second Public Hearing: Ordinance No. Resolution No R DATE OF MEETING: JUNE 28, 2018 Final Action: 06/28/18 AGENDA ITEM (Brief Description) Resolution No R DEPARTMENT SUMMARY: Resolution No R, a resolution of the City Council of the City of St. Cloud, Florida approving a Water & Wastewater Service Agreement from SAB Dental, LLC and Leslie Brue, for a commercial development named SAB Dental & Medical Building, located in the unincorporated area of Osceola County on the west side of Narcoossee Rd., north of Jones Rd., south of Lake Park Ave. and east of Navajo Dr.; Authorizing the City Manager to execute the agreement; and providing an effective date. This commercial development, is located in the unincorporated area of Osceola County on the west side of Narcoossee Rd., north of Jones Rd., south of Lake Park Ave. and east of Navajo Dr., and is requesting water and sewer service by the City of St. Cloud Utility System. Strategic Plan Goal: Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. COST OF PROJECT: No cost associated with this item TITLE / HEADER See department summary BACKGROUND INFORMATION:

237 See department summary LEGAL AUTHORITY: See department summary BUDGET AND RECOMMENDATION: See department summary IS THIS ITEM BUDGETED: False FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Acting City Manager Miller recommends approval. CITY COUNCIL ACTION: 06/28/18 ATTACHMENTS: Description Staff Report Resolution No R Agreement Exhibit A - Legal Description

238 Exhibit B- Notice of Encumbrance Exhibit C- Certificate of Title Exhibit D - Agent Authorization Exhibit E - Sketch Exhibit F- Location Map

239 To: From: MEMORANDUM REPORT FOR CITY COUNCIL June 28, 2018 Mayor Blackwell and Council Members DiAnna Rawleigh - Public Services Administrator Subject: Resolution Number R Date: June 28, 2018 REQUEST: Resolution No R requests that the City enter into a water and wastewater service agreement with SAB Dental, LLC and Leslie Brue. BACKGROUND: SAB Dental, LLC. and Leslie Brue are requesting water and wastewater service to their property located on Narcoossee Rd., North of Jones Rd., South of Lake Park Ave. and East of Navajo Dr. for commercial development of SAB Dental Office and Medical Building that is in the unincorporated area of Osceola County. This proposed commercial development is within the City of St. Cloud s water and wastewater service area. STRATEGIC PLAN GOAL: Growth Management: To create a vibrant, progressive and diverse community through collaborative planning. Infrastructure: To provide safe and adequate infrastructure to meet current and future needs. COST: There is no cost associated with this item. STAFF RECOMMENDATION: Staff has determined that there is available water and wastewater capacity to provide service to this project that is within the City s service area. Providing service outside the city limits, however, requires approval by City Council and therefore, the applicant has requested approval of a water and wastewater service agreement under Resolution No R Attachment: Resolution No R.

240 RESOLUTION NUMBER R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA APPROVING A WATER & WASTEWATER SERVICE AGREEMENT FROM SAB DENTAL, LLC., AND LESLIE BRUE, FOR A COMMERCIAL DEVELOPMENT NAMED SAB DENTAL AND MEDICAL BUILDING, LOCATED IN THE UNINCORPORATED AREA OF OSCEOLA COUNTY ON THE WEST SIDE OF NARCOOSSEE RD., NORTH OF JONES RD., SOUTH OF LAKE PARK AVE., AND EAST OF NAVAJO DR.; 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 with SAB Dental, LLC. and Leslie Brue; as agreement to provide water and wastewater utility service to a commercial development, 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 June 28, CITY OF ST. CLOUD ATTEST: Nathan Blackwell, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED. debeaubien, Knight, Simmons, Mantzaris & Neal, LLP Daniel F. Mantzaris, City Attorney

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