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 ST. CLOUD CITY COUNCIL REGULAR MEETING

Thursday, April 26, 2007

City Hall – Council Chambers

1300 9th Street

6:30 p.m.

Minutes

 

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.          The meeting was called to order by Mayor Hart at 6:30 p.m.

II.        Invocation was given by Pastor Keith Halderman from Grace Lutheran Church

III.       Pledge of Allegiance

IV.       Roll Call

¨      Mayor Donna Hart                                     City Manager, Thomas H. Hurt

¨      Deputy Mayor Mike Wetzel                                   City Attorney, Daniel F. Mantzaris

¨      Council Memeber Jeff McCorkle                            Deputy City Clerk, Ivy M. Llauro

¨      Council Member Mickey Hopper               Members of the Press

¨      Council Member Jarom Fertic

 

V.                 Presentations

·        Proclamation for Drinking Water Week

Mayor Hart presented Todd Swingle and Veronica Miller with the proclamation in recognition of Drinking Water Week.

·        Proclamation for National Day of Prayer

Mayor Hart presented Bertha Chase with the proclamation in recognition of National Day of Prayer.

·        Presentation of Employee of the Month

Tim Vanatta Director of Parks and Recreation presented Keith Sabisch with the employee of the month award.

·        Presentation of New Employees

Stephanie Roldan of Human Resources introduced the new City employees: Christian Anderson,    Aaron Moody, Matthew Anderson, Susan Schmitt, Mary Becraft and Karen Holmes.

 

 

 

 

 

VI.              Public Hearings

 

1.      ORDINANCE NO. 2007-29, an ordinance of the City Council of the City of St. Cloud, Florida, closing, vacating, and abandoning the “Unobstructed” provisions and restrictions of easements located in portions of Canoe Creek Woods, Unit 2, Unit 3, and Unit 10, Section 23, Township 26 South, Range 30 East, Osceola County, Florida, located within the City of St. Cloud, Florida, specifically described in the body of this ordinance; providing for severability, conflicts and an effective date. (Above is full title). ACTION ON ORDINANCE NO. 2007-29

 

Jonathan Kutche, Planning and Zoning, stated that was a change to remove the onobstructive provisions from certain drainage and access easements in Canoe Creek Wood

 

Deputy Mayor Wetzel made a motion to approve.  Council Member Hopper seconded the motion and all members voted aye.  (Vote 5 – 0)

 

2.      RESOLUTION NO. 2007-079R, a resolution of the City Council of the City of St. Cloud, Florida, granting a Site Plan Variance to a parcel of land known as St. Cloud Medical Center, located on the north side of 17th Street between Pine Lake Road and Columbia Avenue, as more fully described in the body of this resolution, regarding Section 6.14.1. Sidewalks – general requirements 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 effective date.

 

Jonathan Kutche, Planning and Zoning, stated that there were some existing drainage issues along the curve of 17th Street and payment has been received from the property so the City could build the sidewalks when they are ready.

 

Council Member inquired what the City was doing to resolve the drainage issues in that area.

 

Bob MacKichan, Director of Public Works, stated that the flooding problems are not as frequent as many people think.  He stated that the roadway needed to be elevated and would be a costly project.

 

Discussion followed to include possible solution for the drainage problem.

 

Deputy Mayor Wetzel made a motion to approve.  Council Member McCorkle seconded the motion and all members voted aye.  (Vote 5 – 0)

 

 

VII.           Consent Agenda

 

 

Mr. Mantzaris made a statement that staff requested to withdraw item F to be brought back at a later time.

Council Member Hopper made a motion to approve the consent agenda minus item F.  Council Member Fertic seconded the motion and all members voted aye.  (Vote 5 – 0)

 

A.     Warrant List  # 11

 

B.     Minutes of February 8, 2007/Clouncil Meeting

 

C.     Resolution No. 2007-073R, a resolution of the City Council of the City of St. Cloud, Florida, determining the most responsible and responsive bidder whose bid is reasonable and otherwise in the best interest of the City of St. Cloud, and the award thereof in regards to ITB #2007-012, to Test America Analytical Testing Corporation, whose subject matter is for Lab Analyses Services for Drinking Water and Wastewater.

 

D.     Resolution No. 2007-083R, a resolution of the City Council of the City of St. Cloud, Florida, requesting a Certificate of Capacity for St. Cloud Medical Center. (Location: north of 17th Street, between Pine Lake Road and Columbia Avenue)

 

E.      Resolution No. 2007-092R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to declare nine (9) weapons as surplus and obsolete property and authorizing the acquisition of eighteen additional weapons, by a sole source government vendor, B & H Gun Rack, and using the listed weapons as a trade in.

 

F.      Resolution No. 2007-098R, a resolution of the City Council of the City of St. Cloud, Florida authorizing and directing the Mayor to execute an Interlocal Agreement by and between Osceola County and The City of St. Cloud in regard to Eastern Avenue Drainage Improvements.

 

G.     Resolution No 2007-099R, a resolution of the City Council of the City of St. Cloud, Florida authorizing and directing the Mayor to execute an Interlocal Agreement by and between Osceola County and the City of St. Cloud in regard to improvements to and reclassification of Old Canoe Creek Road.

 

 

VIII.    First Citizen’s Forum - Any person who desires to comment on any item not on this agenda is provided this opportunity to address the City Council. Each person is requested to complete a sign-in form to be provided to the City Clerk prior to addressing the Council.

 

Tom Long, 1345 Beachwood Drive, stated that he represented the Landlords in St. Cloud and throughout the County.  He stated that he wanted to speak about the Preserve.   He gave information about the real estate market at that time and stated that the school board needed to work on educating children and not on being a landlord.

 

Mr. Mantzaris stated that since this item would be coming back as a land use decision, council should not have any discussion on this item.

 

Randy Terrell, 22 New York Avenue, expressed concerns regarding the vacant lot on New York Avenue and Lakeshore.

 

Rebecca Downney, 302 Massachusetts Avenue, stated that she was not satisfied with the purchase of the lot on New York Avenue and Lakeshore and the process the City used to purchase the property.

 

Debbie Burnham, 201 Massachusetts Avenue, was upset about the purchase of the lot on New York Avenue and Lakeshore Drive.

 

Mr. Hurt clarified that this item was not on the agenda and he was going to ask Council how they wanted him to proceed with this lot and the parking problem.

 

Discussion followed to include the property at the lakefront.

 

Rita Brenda, 215 Massachusetts Avenue, suggested chaining off the vacant lot area that could only be used by authorized personnel.

 

Randy Terrell, 22 New York Avenue, suggested posting signs on the vacant lot for parking restrictions.

 

Council agreed to have a landscaping buffer, a fence and parking restriction signs placed on the vacant property.

 

Chuck Cooper, 22 Kentucky Avenue, requested that if anything will be done with this property in the future, proper notification will be made of possible future action.

 

Mr. Mantzaris clarified that since this was an item that did not require action such as a public hearing, public notification is not required.

 

IX.              Council Action

 

1.      First reading of Ordinance No. 2007-43, an ordinance of the City Council of the City of St. Cloud, Florida, removing and abandoning the “Unobstructed” provisions and restrictions of the easement located on a portion of Lot 89, Canoe Creek Lakes, Unit 13, Section 23, Township 26 South, Range 30 East, Osceola County, Florida, located within the City of St. Cloud, Florida, specifically described in the body of this ordinance; providing for severability, conflicts and an effective date.  (Above is full title)

 

Ted Kozak, Planning and Zoning, stated the ordinance was to remove the unobstructed provisions because the applicant wanted to put up a fence.

 

Council Member McCorkle made a motion to approve the first reading of Ordinance No. 2007-43.  Council Member Fertic seconded the motion and all members voted aye.  (Vote 5 – 0)

 

 

2.      First reading of Ordinance No. 2007-44, an ordinance of the City Council of the City of St. Cloud, Florida, to annex within the corporate area of the City of St. Cloud upon adoption of said ordinance, approximately 1.26± acres of real property known as Sunrise Pest Control located west of Canoe Creek Road south of Friar’s Cove Lane in Section 35, Township 26 South, Range 30 East; in accordance with the voluntary annexation provisions of Section 171.044, Florida Statutes; providing for severability, conflicts and effective date. (Above is full title)

 

Jeff Higgins, Planning and Zoning, stated the property was contiguous to the city and met the requirements for annexation.

 

Jeffrey Ball, Osceola Engineering Inc., on behalf of the applicant, stated that he would be happy to answer any questions.

 

Council Member Hopper stated that she had spoken to the owner of the project.

 

Deputy Mayor Wetzel stated that he also had spoken to the owner of the project.

 

Deputy Mayor Wetzel made a motion to approve the first reading of Ordinance No. 2007-44.  Council Member Hopper seconded the motion and all members voted aye.  (Vote 5 – 0)

 

3.      First reading of Ordinance No. 2007-45, an ordinance of the City Council of the City of St. Cloud, Florida, amending certain maps of the Comprehensive Plan to assign a “Commercial” future land use designation to certain properties lying within the city limits located west of Canoe Creek Road south of Friar’s Cove Lane for the property known as Sunrise Pest Control, providing that all goals, objectives, policies, and other planning provisions within the Comprehensive Plan shall pertain and be applicable to said property; providing for applicability and effect, severability, conflicts, distribution and copies on file, authorization to transmit, and an effective date. (Above is full title)

 

Jeff Higgins, Planning and Zoning, stated that it was a request for a small scale future land use amendment to change the zoning to commercial to be used for pest control.

 

Jeffrey Ball, stated that he was available to answer any questions.

 

Chuck Cooper, 22 Kentucky Avenue, stated that the adjacent area was low density residential.  He suggested placing a conditional use on the property.

 

Discussion followed to include what type of chemicals would be used at this facility.

 

Deputy Mayor Wetzel made a motion to approve the first reading of Ordinance No. 2007-45.  Council Member Hopper seconded the motion and all members voted aye.  (Vote 5 – 0)

 

4.      First reading of Ordinance No. 2007-46, an ordinance of the City Council of the City of St. Cloud, Florida, amending the official zoning map of the City of St. Cloud to indicate a change in zoning for real property, known as Sunrise Pest Control, located west of Canoe Creek Road south of Friar’s Cove Lane, in Section 35, Township 26 South, Range 30 East, as recorded in Plat Book B, Page 19, of the Public Records of Osceola County, Florida, and establishing the zoning designation as "Planned Unit Development"; providing for entering the designation on the official zoning map, providing for approval of the preliminary master plan; filing of the Planning Board recommendation and proof of publication, severability, conflicts and effective date. (Above is full title)

 

Jeff Higgins, Planning and Zoning, stated this request was a PUD zoning to allow the use discussed placing restrictions such as landscaping. 

 

Jeffrey Ball, stated that he was available to answer any questions.

 

Chuck Cooper, 22 Kentucky Avenue, expressed concerns regarding having a pesticide company near homes and requesting a sufficient landscaping buffer.

 

Council Member McCorkle requested a clarification of the signage allowed.

 

Mr. Higgins clarified what type of sign was required by the Land Development Code.

 

Council Member Hopper made a motion to approve the first reading of Ordinance No. 2007-46 with all conditions listed.  Council Member McCorkle seconded the motion and all members voted aye.  (Vote 5 – 0)

 

5.      Discussion and possible action as it relates to Council’s committee appointments to various organizations.

 

Consensus of Council regarding their appointments to various organizations is as follows:  Mayor Donna: Hart:Osceola/Kissimmee Chamber of Commerce, MyRegion.Org - Foundation for Osceola Education. Deputy Mayor Mike Wetzel: Municipal Advisory Committee (MAC) for MetroPlan Orlando, American Red Cross, Osceola ARC -ORAC (Osceola Resort Area Council).  Council Member Jeff McCorkle: St. Cloud/OUC Joint Contract Administration Committee and FMPA Council Member Mickey Hopper: Main Street Program, St. Cloud Chamber of Commerce.  Council Member Jarom Fertic: Council on Aging, Tourist Development Council, Community Vision.  Council Members to alternate attendance: Tri-County League of Cities.  

 

 

6.      Discussion and possible action as it relates to committee vacancies and appointments.

Board of Adjustments

Council Member Hopper motioned to appoint Kim Paulson to Seat 4. Seconded by Council Member McCorkle (Vote 5 – 0)

Council Member Fertic motioned to appoint William Spinola to Seat 5. Seconded by Council Member McCorkle.  (Vote 5 – 0)

Deputy Mayor Wetzel motioned to appoint Robert Paulsen as Alternate 1. Council Member McCorkle.  (Vote 5 – 0)

Deputy Mayor Wetzel motioned to appoint Deanna Merrill as Alternate 2. Council Member McCorkle.  (Vote 5 – 0)

Construction Board of Adjustments

 

No Council action was taken as there were no applications

Planning Board

Mayor Hart motioned to appoint David Reinhart to Seat 1. Seconded by Deputy Mayor Wetzel. (Vote 5 – 0)

Council Member Hopper motioned to appoint Joel Gomer to Seat 4. Seconded by Deputy Mayor Wetzel. (Vote 5 – 0)

Council Member Fertic motioned to appoint Peter Vitelli to Seat 5.  Seconded by Council Member McCorkle. (Vote 5 – 0)

Council Member McCorkle motioned to appoint Anthony Maresco as Alternate 1. Seconded by Deputy Mayor Wetzel.  (Vote 5 – 0)

Council Member McCorkle motioned to appoint Elaine Cardinal as Alternate 2.  Seconded by Deputy Mayor Wetzel. (Vote 5 – 0)

Code Enforcement

Council Member Hopper motioned to appoint Frank Moore to Seat 4. Seconded by Deputy Mayor Wetzel. (Vote 5 – 0)

Council Member Fertic motioned to appoint Mike McClure to Seat 7.  Seconded by Council Member McCorkle. (Vote 5 – 0)

Finance Committee

Council Member Hopper motioned to appoint David Welty to Seat 5. Seconded by Deputy Mayor Wetzel. (Vote 5 – 0)

Council Member Hopper motioned to appoint Kimberly Koile to Seat 4. Seconded by Deputy Mayor Wetzel. (Vote 5 – 0)

Historic Preservation

Council Member Hopper motioned to appoint Travis Harrell to Seat 4.  Seconded by Council Member McCorkle. (Vote 5 – 0)

Council Member Fertic motioned to appoint Pete Placencia to Seat 2.  Seconded by Deputy Mayor Wetzel. (Vote 5 – 0)

 

Recreation Committee

Council Member Hopper motioned to appoint Tina Toliver to Seat 4. Seconded by Deputy Mayor Wetzel. (Vote 5 – 0)

Council Member Fertic motioned to appoint John Kidd to Seat 5.  Seconded by Deputy Mayor Wetzel (Vote 5 – 0)

Council Member Hopper motioned to appoint Rhonda Owens as Alternate 1. Seconded by Deputy Mayor Wetzel.  (Vote 5 – 0)

Council Member Hopper motioned to appoint David Woods as Alternate 2. Seconded by Deputy Mayor Wetzel.  (Vote 5 – 0)

 

 

Tree Advisory Committee

Council Member Hopper motioned to appoint Susan Vitelli to Seat 4. Seconded by Council Member McCorkle. (Vote 5 – 0)

Council Member Fertic motioned to appoint Chris Snell to Seat 5.  Seconded by Council Member Hopper. (Vote 5 – 0)

Council Member Hopper motioned to appoint Joan Genrich as Alternate 1.  Seconded by Council Member McCorkle. (Vote 5 – 0)

Council Member McCorkle motioned to appoint Xenia Murillo as Alternate 2.  Seconded by Council Member Fertic. (Vote 5 – 0)

 

Firefighter & Police Pension Board

Deputy Mayor Wetzel motioned to appoint Claude Campbell to Seat 2. Seconded by Council Member McCorkle. (Vote 5 – 0)

 

X.        City Attorney

 

Mr. Mantzaris had nothing at that time.

 

 

XI.       City Manager

 

Mr. Hurt stated that on May 28, 2007, Memorial Day, 10:00 a.m. there will be a service at Mt. Peace Cemetery.  He suggested 3 dates for the City Council retreat.  June 16, 23 or 30 and requested a response from council.  He stated that Mr. Ksionek would be making a presentation to council at the May 10, 2007 meeting for the 10th Anniversary between OUC and St. Cloud.  He stated that OUC proposed the installation of an Arch over New York Avenue.  He stated that the city was looking into finding some space with the County to build some ball fields.

 

XII.     Mayor & Council Members

 

Mr. Fertic state he had nothing at that time.

 

Ms. Hopper stated that she had been contacted by the residents of Teka Village because of the noise generated by traffic on Kissimmee Park Road.  She stated that she wanted to discuss a possible resolution to the problem with the County.  She stated that the City Manager was going to meet with the County Manager to see what could be arranged.

 

Mr. Hurt stated he had a meeting with the County Manager on Tuesday and he would report back to Council.

 

Mr. McCorkle stated that the Jessica McMullen courts had been dedicated.  He asked why the barrier had not been installed at Crabby Bills.

 

Mr. Hurt stated that he had been at Crabby Bills and the fence would be installed immediately as well as other improvements.  He also stated that he would be returning on May 9th to make sure that all improvements were done and would report back to Council on May 10th.

 

 Mr. Mantzaris stated that a legal notice had been sent to Crabby Bills and if not in compliance by May 10th then further recommendations would be made to council at that time.

 

Mr. McCorkle wanted to congratulate Ken Smith and John Quinones for their victory in the elections.

 

Mr. Wetzel stated that he had nothing at that time.

 

Mayor Hart stated that she had gone to the Cancer Society Walk.

 

Ms. Hopper stated that the goal was $30,000 and they were at $42,000.

 

Mayor Hart stated that there had been several bomb threats in the schools in our area and spoke out to the kids to please stop the threats.

 

Mr. Hurt clarified that the police thought they knew who was calling in the threats.

 

 

XIII.    Second Citizen’s Forum - Any person who desires to comment on any item not on this agenda is provided this opportunity to address the City Council. Each person is requested to complete a sign-in form to be provided to the City Clerk prior to addressing the Council.      

 

No one came forward at that time.

 

XIV.    Information Section

 

§         Thursday, April 26, 2007 – City Council Meeting – 6:30 p.m. @ City Hall

§         Monday, May 7. 2007 – Access St. Cloud hosted by Council Member Jeff McCorkle  6:30 p.m. @ City Hall

§         Thursday, May 10, 2007 – City Council Meeting – 6:30 p.m. @ City Hall

§         Thursday, May 17, 2007 – Council Workshop – 6:30 p.m. @ City Hall

§         Thursday, May 24, 2007 – City Council Meeting – 6:30 p.m. @ City Hall

 

XV.           The meeting was adjourned at 8:30 p.m.

 

 

                                                                                                                                                                                                                                                Mayor, Donna Hart

 

ATTEST:

 

 

                                                           

City Clerk, Linda Jaworski

 

Minutes Approved: