e just I'm just telling you so that's what I told all of them if I could have your attention please thank you very much I'd like to welcome you to our city council meeting here at uh St Cloud our July 18 2024 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 if you desire to be recognized by the chair please fill out a request form and present it to the city clerk present here in council chambers each speaker shall be allowed three minutes to address the council unless such time is extended by the mayor or by questions from councel group shall designate a spokesperson to avoid repetition of comments every effort will be made to avoid interrupting spe speakers and we thank you for participating in your city government and if you will at this time please silence all electronic devices with that I call this meeting to order could we all please stand for our invocation and I'd like to invite Pastor Jay mck from Crossroads Baptist Church to please come forward and lead us in our invocation remain standing after the invocation for the Pledge of Allegiance please join me in a word of prayer father God we count it a privilege to be here we thank you for this community for this city that you've given us father father we thank you that we have a say in what happens here father we pray a special blessing upon each one that's taking the time out of their their busy schedules to be here tonight father to to uh to have their voices heard father we pray a special blessing upon those that have given of themselves to serve you every sing single day in this city we pray father that you just meet their needs and that everything would be done rightly in order tonight father let us never take for granted what takes place here and the awesome privilege that it is to be part of it father we love you and we commit all this into your hands for it's in Jesus name we pray amen amen please join me in the pledge I pledge Al to the FL of the United States of America and to the Republic for which it stands one nation under God indivisible with liy and justice for all thank you you may be seated Madam cler you please call the rooll mayor Blackwell here Deputy Mayor maeni here council member Urban here council member Gilbert here council member Fletcher here thank you like to ask our city manager if we have any updates that you'd like to make to the agenda for tonight yes mayor thank you um I'd like to pull off of the agenda public hearing number 10 which is ordinance 24-28 I will bring it back at a future meeting after we read advertise it okay and I would also ask if the city council could please move Council action number one the presentation by the city's auditor of our annual comprehensive financial report um as the last immediately after the last presentation I will do so thank you the first item under presentations is a proclamation and recognition of Parks and Recreation month we have a new process for presenting proclamations that we have approved so I'd like to entertain a motion for the adoption of this Proclamation motion to approve we have a motion from council member Fletcher second from the mayor Madam clerk you please call the role Deputy Mayor maeni here dep um council member Urban hi council member Gilbert hi council member Fletcher I mayor Blackwell I motion car go ahead I'm sorry motion carries 5 z uh the proclamation is approved I'd like to ask Mr Fletcher who is sponsoring this uh proclamation to please St to the podium if he would and uh share the proclamation with us good evening everybody if we could have Sammy come on up this is great all right we can go ahead and read the proclamation whereas Parks and Recreation programs are an integral part of community throughout the country including the city of St Cloud and whereas the Parks and Recreation whereas Parks and Recreation are vitally important to establishing and maintaining the quality of life in our communities ensuring the health of all citizens and contributing to the economic and environmental well-being of a community in region and whereas Parks and Recreation programs build healthy active communities that Aid in the prevention of chronic disease provide therapeutic recreation services for those who are mentally or physically disabled and also improve the mental and emotional health of all citizens and whereas Parks and Recreation programs increase a community's economic Prosperity through increased property values expansion of the local tax base increased tourism the attraction and retention of businesses and crime reduction and whereas Parks and Recreation areas are fundamental to the environmental well-being of our community and whereas the US House of Representatives has designated July as Parks and Recreation month and whereas the city of stcloud recognizes the benefits derived from parks and recreation resources and now there therefore I Sean Fletcher council member along with the city council of the city of St Cloud Florida to hereby Proclaim July 2024 as Parks and Recreation B thank you I just want to uh invite everybody out to celebrate uh Parks and Recreation month and it's Samy's birthday on Saturday so we'll be at caner Park with some other local mascots uh Canary Park from 8 to 1 p.m. I'm sorry 10 to one yeah we are certainly grateful to Parks and Recreation and all of our staff for the amazing things they do to serve uh the residents of our city thank you so much guys you do an amazing job at this time we have a presentation for employee of the month by David ker David cner David David David Kastner David you're up oh we were told it was you Mr Lee David thank you how you doing how you doing good evening everyone um I work for the solid way division my name is Arthur Lee I worked for the division for 33 plus years and I'm very proud tonight to present you with the employee of the month uh I would like to call him up right now and then I'll tell you why he got it will Robert passno come on up you stand right here okay why did he get employed a month first let me tell you that Robert is a ASL driver that is an automated sideload driver what he does for us in the solid was division is operate the trucks that picks up your red green and blue carts he does approximately a th homes a day every day of the week uh while he was performing his duties he has to focus on the roadway he has to work in neighborhood avoiding obstacles driving forward looking sideways behind him as he's operating in our neighborhoods to make sure that he's moving his vehicle in a safe manner while doing that when it goes up to a c to get picked up he has to operate a joy switch which operates the arm in the truck he has to make sure that truck pulls up right next to the can in the proper position and make sure that there's room to operate that arm in a safe manner not hitting anything while doing that he extends the arm judges went to grab the cart pulls the cart in dumps it into a a hopper that is behind him over his head then he brings arm down has to extend the arm out all with the manipulation of a joystick with buttons levers and things like that and also driving forward and keeping in mind he's got to do this a thousand times a day so while he was out on this particular day he happened to notice in the mirror little puff of white smoke behind him because of his alertness and his Keen sense of something was wrong he decided to safely Park that truck climb up the ladder provided on the side look in the hopper and he noticed that there was a fire a small fire he grabbed his fire extinguisher put it out knowing that inside the truck there could be more going on he notified supervision that he had a hot vehicle which means fire while that was going on he knew to get this truck safely to the transfer station where we could dump the load and evaluate what's going on because ignoring it could cause severe damage to the truck the possibility of losing a truck that cost over $300,000 let's not talk about the property damage that could have ensued if he would have ignored it or not even recognized something that is very hard to recognize behind him so he goes up to the transfer station we're prepared we dump the load he gets out helps inspect the load as it's spread out by the equipment we got about six people up there guess who noticed the cause of the fire Robert he noticed a lithium battery that probably operated some type of toy or uh equipment but a small small lithium battery we removed the hazard Robert put his truck body down closed it went back out finished his route keeping in mind the service to the residents go ahead you can applaud keeping in mind that we strive for excellence in the solid was division to service our employees with excellent and excellent customer service Robert did not disrupt the service of any of these customers because we still had that truck to use and he still went out and completed his route so for his alertness and his commitment to Excellence and I can tell you since being with the city for just over a year he is an exemplary employee taking nothing away from what was done that day we are proud to announce Robert as our employee of the month for the city of St Cloud how you doing good brother good to see you I think at this time you're going to turn the right at this time we have a presentation by the St Cloud Chamber of Commerce regarding their annual report we invite uh Mr Dirk to the stage our congratulations to Robert as well I have enough trouble operating my TV let alone that mayor council members city manager staff thank you for your support that each of you have given to the St Cloud greater OA Chamber of Commerce this past year I appreciate the time spent with each of you and for your continued involvement with the St Cloud chamber you have a copy of our report in front of you I'm not inclined to read it to you just as you're not inclined to be read to so we're going to do some highlights if that's okay the 2023 Christmas parade and concert Drew estimates of 15 to 16,000 people to rock Around The Christmas Tree mark your calendars December 7th is coming quick and it will soon be here again with the theme toys on Parade our 42nd annual golf tournament brought businesses and players from throughout Central Florida to network while they played we continue to educate the business Community through our quarterly breakfast series our young professionals midday recharge and women to women we continue to drive networking in our area area with our coffee Co-op series which is open to anyone to attend our goal this year was for 60 new members we're currently at 62 with two months to go our 2024 St Cloud living business directory featuring a beautiful front page picture of the Toho river boat continues to fly off the shelves at many member sites so far we've celebrated more than 20 ribbon cuting and the ribbon cuting are an important indicator of the continued growth of our St Cloud business Community the St Cloud chamber Foundation offered scholarships to eight deserving students including four non-traditional adult students collab at the chamber was launched this year with co-working space available for companies in and outside St Cloud recently positively Oola established a St Cloud base as the first paying client of col Lab at the chamber and a old and News Gazette has also been present so here are some special items to keep in mind for this coming year uh I'm pleased to let you know that the board of directors just yesterday approved a healthcare insurance program that we'll soon be making available to our membership we'll continue offering Spanish classes through otch to our members and other interested parties as we help business owners more fully engage with St Cloud's change ing demographics our quarterly breakfast series coming up will feature a report from Oola County Chief Operating Officer Beth Knight in August and Tasha Carter Florida Insurance advocate in November as lvll Munger concludes his term as chair on September 30 Joe Riley of OU will become board chair on October 1st longtime small business owner Lisa bertosa of Keystone residential will be our chair in the fall of 2025 we continue to be a driving force in our community for business advocacy for education and for networking we continue to innovate with the addition of our new co-working program overall our message is chamber membership matters and is important to this and any other community we drive business using meaningful Avenues and relevant methods we are your for St Cloud chamber finally uh the chamber would like to say a thank you to Deputy Mayor maeni on your terms of service on the council thank you for your engineer's eye and on the details concerning our growth the chamber wishes you well as you continue your leadership and career in OA County thank you and thank you to Mayor Blackwell your kind quiet and thoughtful leadership has proven invaluable to our chamber I personally want to say thank you for helping me acclimate to this city in my first 5 years during covid we and other members of our community gathered weekly to pray for the residents of St Cloud and beyond my prayers in turn are with you as you continue to be a sage resource for St Cloud thank you and Mr web we certainly thank you for your leadership as well as your staff as well as all the members of the chamber thank you for the difference that you are certainly making uh in our city and it is positive and meaningful thank you so much would anyone else like to say anything thank you very much you sir at this time we have a presentation by Mr Tom dorsy regarding the St Cloud main Street's annual report it's good to have you here Mr dorsy to sir how are you doing very well thank you all well like Durk said you probably have a copy of this in front of you so I'm not going to but on behalf of of Paul starkk our executive director who happens to be in Milwaukee at the Republican National Convention and on behalf of our board of directors it's my honor and privilege to be here tonight just to give you a little overview of our Main Street program and as you know Main Street we're celebrating our 25th year this year we're going to have our annual meeting is coming up August 19th it's going to be here at fire and we're going to incorporate uh with that uh meeting something uh significant about our 25th anniversary but as you know Main Street uh encourages Economic Development within the context of historic preservation and we have many many Main Street Partners but probably the most significant or one of the most sign significant is the city of St Cloud we certainly appreciate everything that you've done for us over the years Orlando Health St Cloud Hospital Edward Jones OU Toho Water Authority the Oola County Cattleman's Association kleback Ford o County Realtors are some of our major sponsors and we do sure appreciate all that they do uh we as you know we have many events throughout the year breakfast with the pros we just concluded storybook Adventures um Taste of Main Street we had here just a few months ago next year Tesa Main Street is going to hopefully be in CMI at least that's the plan to to try to partner with CMI Main Street on that so we'll see how that goes we have small business Saturday our rednet Gala our soldier City uh veterans dinner we also help support bringing the Pearl and the trolley home here to St Cloud providing free transportation to downtown and the lakefront for different activities um our yearly breakdown of events is we have breakfast with the pros we have seven events scheduled for that and I'm pleased to announce that we have all of our speakers confirmed and the dates are confirmed so thank to Rick Hower for doing that historic ghost tours we have nine events our historic walking tours nine events storybook Adventures eight events our rednet Galla the taste of Main Street historic preservation month our annual meeting which I said is coming up which is in Maniacs veterans dinner small business Saturday and our holiday home decorating on average we host about 40 events per year and we have many different projects that we take part in and we do pro try to promote our district through our website we have 6,000 monthly visitors uh on our website and we have a little over 1,600 current subscribers to our monthly newsletter and of course we have 12,000 followers on uh Facebook 1,600 a little over 1600 followers on Instagram uh we have approved and installed several different historic markers here in St Cloud the VFW Post 3227 the St Cloud chamber the Veterans Memorial Library the gar Hunter arm Hotel Fisk funeral home and mount PE cemetery and we're waiting the arrival of the Veterans Memorial Park uh designate marker that's coming up here pretty soon and of course we thank the sons of the Union Veterans for helping us with that so in 2005 I'm not going to go through all this but we did uh establish a CRA in 2005 with the help of the city and so we uh that is something that we are proud of and we have our sponsors and our patrons and I guess the city of St Cloud of course um is uh instrumental in and helping us do what we need to do uh for the St Cloud Main Street program um sponsors they're all in your uh many many sponsors and they're all in your packet uh we have received um lost uh different difference Awards I just announced the Florida state Secretary of State award we received and I believe Paula was up there at the uh uh State meeting before she went to Milwaukee and we received a couple of other awards for that too um and um the following uh some of these numbers uh uh our facade grants minimum building Improvement a value of $22,000 advertising $31,000 Technical Services and project grants a little over 200 almost $21,000 so these are some of the values that that have been produced from from our program and again uh we're getting ready to celebrate our 25th year Main Street and we've given a little over a million dollars in financial support financial support and this results in a 16.4% return on investment and so again we couldn't do this without the city you guys are an essential piece of the puzzle as Paula would say and um again I we thank you for your time thank you for your continued support Mr dorsy we are certainly appreciative for you and your team at Main Street and Paula's leadership for the contributions that you certainly make as you partner with our city we look forward to continuing that partnership in the days ahead appreciate we're really appreciative of all the historic places you've helped us to recognize and preserve that's what it's all about and we're lucky to have Kobe he's our days on with his City On Our board and is always giving us good advice and so we appreciate all his leadership as well well we sent you the cream of the crop when we sent you him exactly and congratulations to you ma'am and to you you're on your way out and I'm on my way out so thank you all so much you have anything you'd like to say Coe uh no thank you so much it's a honor to serve on the board and I I thank you for everything you do yeah no problem but just to let you know Mel Welch is going to be our president next year awesome and so we uh and that'll all be be announced at our uh annual meeting on August 19th so keep that date open thank you Mr dors thank you so much appreciate it at this time we will have the presentation from uh pervis gray our auditor report we're going to bring Council action number one up at this time I'd like to ask our clerk if you will please read Council action number one then we ask Mr peris purp great to come up and share the report request for City council's acceptance of the annual comprehensive financial report acfr for the city of St Cloud for fiscal year 2022 2023 by pvis gr company LLC independent Auditors thank you good welcome thank you thank you uh quick introduction my name is Tim Westgate audit partner uh with peris gry and& company also with us this evening Matt Gano is the audit director for the audit uh in sake of your very full agenda this evening I'll be very brief you do have digital copies in your packet you do have the paper copies now on your dis and we're just going to review some quick highlights with you so this evening we're concluding the audit process for September 30th of 2023 uh Just for information we started the 2024 audit process last week in our visit so we're already moving on to the New Year the main thing that you want to hear is the slide that's up now is the auditor's opinion the auditor's opinion report is the first report that's in there it talks about management is responsible for the financial statements and internal control our role as Auditors is ultimately to provide an opinion on our on your financial statements based on our audit and we're pleased to say it is a clean opinion an unmodified opinion that is the highest level of assurance that you can have on financial statements included in the packet are and I'm I'm flying through here uh included in your packet our various other reports that are required under the audit standards we look at internal control for the purpose of our audit but we don't issue an opinion on internal control there's also audit letters required under rules of the Florida auditor general and similar requirements and in those we would communicate with you items that would be material weaknesses or significant deficiencies or material non-compliance we're pleased to say you will not find any of those items in there other than the lingering DSD uh Bond conclusion so as that unravels and goes through time that will go away I know that is something you're fully aware of and something that you're working on uh but again pleased to say there are not other items uh major items that were looked at in this year new things that Rose of course the covid funding that you receive under your Federal grant program as well as under the federal and state Awards or federal Awards program we looked at the CD cdbg program program and again no non-compliance items no material weaknesses internal control issues there new things that jumped up during the year there was an adoption of a new accounting standard related to subscription-based it Arrangements no issues there in that implementation it was a lot to tackle by your team uh but no no findings no issues came out of that and of course the too transition the water and sewer to too occurred during the year major account in aspect we did work along with your team to make sure everything's accounted properly and reported uh pleased to say final conclusion uh we agree with the with the way it was reported um and believe that everything in that transaction is captured in your financial statements so great news there that was a lot to tackle lot to tackle the slides in there do give a little bit more info on the notice uh for related to the DSD we did have some discussion items Rel reled to it um and some more information in there you can get from management but again nothing Rose to the level of material weakness so with that I will briefly conclude I do want to take the moment to thank Mrs Miller thank all the Departments throughout the city particularly Mr Cooper and the finance department who has to uh deal with us the most through the audit process uh when we say show us this explain that pull that document and support we do get great cooperation so we're thankful to the city thank you mayor uh council members uh for the opportunity to serve as your Auditors so with that I invite any questions or comments that you may have uh are there any comments well once again Mr Westgate we certainly appreciate the uh job that you've done reviewing our finances and we' like to just send a word out of thanks to Mr Cooper and to our finance team for the excellent job that they do staying on top of a a lot of numbers right right a lot of info not a small task not a small task so uh we need to approve this report accept the approvement do I need to receive public comment you should all right I'll do what I should would anyone like to comment on this report if not I'll entertain discussion Andor a motion from Council motion have motion for the adoption and approval of this report do I have second second we have a motion from Mr Gilbert second from Mr Urban Madam cler you please call the RO council member Urban hi council member Gilbert hi council member Fletcher hi Deputy Mayor matini hi mayor Blackwell I motion carries 5 Z excellent thank you have a thank you so much you have a good afternoon be safe driving home the next item on our agenda is our citizens Forum any person who desires to comment on any item not on this agenda is provided this opportunity to address city council each person is requested to complete a signing form to be provided to the presiding officer prior to or as as soon as is practical thereafter the person addresses the council when you come forward we ask you please state your name and address for the record and we will ask that you please limit your comments to three minutes Dwayne Norman how you doing Dwayne good evening uh Dwayne Norman 3551 Buckingham Court I would just like to thank all of you again for keeping the ball fields moving uh the kids appreciate it I'm sure they will when they get to go out there and play on those new Fields I've heard from staff that it's going to be an amazing product um I would also like to thank staff for all their hard work and keeping this moving and um I don't know if yall were aware um little league had some state tournaments there recently and staff the rain outs we had and staff put in so many hours making those fields playable and just want to thank them for that as well as keeping this project moving forward and I also want to thank you mayor Lynette for all your service for these years and all you've done for the Youth in this this city and thank you all for keeping keep that ball moving and thanks again and appreciate you thank you very much would anyone else like to speak during the citizens Forum if not we'll move on to the next item which is our 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 item on the consent agenda you will be given the opportunity now to do so additionally if staff or members of the city council wish to speak on a consent item they will be given the same opportunity first I'd like to ask the the council if there are any items you would like to address and Miss maeni I believe your light is on thank you um I'd like to pull item D for a separate vote and then item G for a comment okay I got D I'm sorry I was trying to make some notes there you said g g and what was your request on that comment okay all right I don't see any other lights Miss maeni would you like to address the item that you are requesting a separate vote on item D yes thank you um so as Council remembers this came before us at the CRA and I was against the purchase of this stage um so I just wanted to vote for it separately um okay that it y that's it for D could I entertain a motion for first would anyone the audience like to speak to this item that we're about to vote on could I entertain a motion for the uh approval of resolution 2024 d 100r motion we have a motion from Council mcgilbert do I have a second second I have a second from Mr Fletcher Madam cler please call the rooll council member Gilbert I council member Fletcher I Deputy Mayor Mai no council member Urban I mayor Blackwell I motion carries 41 and it is approved would you like to address item G resolution 202 24-13 R yes yes um thank you so much so I'm not sure who I was on Council when this first came up uh I know the mayor and I were but um I just want to thank everybody for their hard work and dragging this dragging it across the Finish Line I know it was really hard I mean they've gone through like I don't know how much stress over this but I really appreciate them getting done I know when we first brought it up we're like let's get it all done before the next uh base season which we didn't quite make but we got there so I just wanted to say thank you so much I know I know it was very difficult I know projects are very difficult right now with the escalating prices and so I'm just happy that that we're here and so that's all I want to say and I give a big ditto ditto to that would anyone in the audience like to speak to any item on the consent agenda if not I'll entertain a discussion Andor motion by Council for the adoption of the agenda motion to approve we have a motion from council member maeni do I have a second second and a second for council member Fletcher with the item D having already been approved Madam clerk you please call the role council member Fletcher hi Deputy Mayor maeni I council member Urban I council member Gilbert I mayor Blackwell I motion carries 5 Z the next item on our agenda are public hearings Madame clerk could you please read items one and two final public hearing for ordinance number 20 24-44 an ordinance of the city council of the city of St Cloud Florida to Annex into the city of St Cloud approximately 7 17826 Acres identified as live O Lake located south of East erlo Bronson Memorial Highway West of Nova Road and East of of MSI Vine AV in accordance with the voluntary annexation provisions of chapter 171.000 44 Florida Statutes first reading and introduction for ordinance number 20 24- 45 an ordinance of the city council of the city of St Cloud Florida assigning a future land use designation MDR to approximately 17826 Acres identified as lioke Lake south of located south of East erlo Bronson Memorial Highway West of Nova Road East of mos Vine AV 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 effects severability copies on file and effective date good evening Council D Mar seara deputy director front of you is three cases for the life Oak Lake sorry two um first the first one is the second reading for the annexation and the second one is the first reading for the CP PA which is a large scale Amendment which will have to be transmitted to the Deo the property consists of approximately 17826 acres and it's located south of a Le Bronson Memorial and west of Nova Road this is for a voluntary annexation and comprehensive plan Amendment and staff recommends approval this property is contigous and resonably Compact and meets the statutory requirements for a voluntary annexation ABS the city limit is on the Western Property boundary it has a notice of encumbrance that was signed by in 2016 prior to the development of the subdivision and notice of comence is a recorded Covenant that is signed by the part the the parties that are going to develop the property the city of s cloud agrees to provide portable water in exchange that when the prop property is adjacent and contigous will be um annexed into voluntarily annexed into the City and it continues to be valid even when the property sold or transfer this is the depiction of the general location of the property as you can see next to the yellow it is contigous to the city a little bit uh tidbits of what the annexation benefits will be high higher quality service local government accountability local representation and business friendly environment also quality Public Safety and lo possible low insurance rate respond time from police and fire and um and some benefits for parks and rentals the exist in regards to the Lo uh large scale the existing future land land use designation is low density residential and medium density residential for for the county the proposed future line use for the city will be medium density residential the existing zoning is PD County and the proposed zoning is is plan unit development we would adopt and approve um and accept all previous approvals from the county the development is compatible with the surrounding areas and there is no adverse impacts on the city's facility since this property is already completely developed as you can see here is a future landine news designation in the zonea that surrounds the area and is compatible with the area in the zoning details um just to give you a heads off since the zoning are is on the first reading of this agenda on the council action is as I mentioned before it's 17826 Acres it already has a a total of 329 dwelling units with a a density of 3.83 this is the master plan that was approved by sem Oola County that we are going to be accepting with this annexation and um I would like to mention that uh staff conducted a public community meeting on June 11 to um provide information about this item to the public and to the citizens of the community um uh the Planning Commission recommended approval 421 there were some concerns about the increase of taxes due to the difference between the city and the county um it it Bears to our uh state that the tax increase will be implemented next year June of next year since the the tax roll deadline passed in March so the adjustment of the it would be the October oob oh sorry October thank you October so um so this um this increment is not um going to happen until next next year um and I need to get this right staff recommends approval ordinance 202 24-44 for the annexation and staff recommends approval to trans Smit case number CPA 24-6 a large SC a large scale Amendment for ordinance 2024 45 to Deo I'll be happy and this is a um City initiated application and I'll be happy to answer any questions would anyone in the audience like to speak to either of these items if not we'll have just yes ma could you please come forward I my name I'm sorry I I've got distracted here I probably I'm have your name right here and I didn't pull it up okay thank you for concerns this particular topic okay okay goad if you'll show your name and address pleas name my name is Teresa jopy I live at 2161 bur bur b r Oak o a k Boulevard St Cloud Florida and I've been there and it's going to be 5 years this September we were the first there at Live Oak Lake it's very new okay and they're developing as she was saying to the phase four and five I'm here to remind the Council of my opinion regarding the outrageous property tax increase for the homeowners of Live Oak Lake Community the city of St Cloud is considering to extend their boundar so that they can give the homeowners more services and the change of the homeowners from aiola County to the city of of St Cloud will then in turn to increase the property tax up to 29% it's so unfair to the homeowners especially the ones who are on fixed incomes enough is enough I say leave well enough alone because once the area of Live Oak Lake Homeowners becomes city tax is no longer County this course of action will be a great financial burden to the Live Oak Lake Homeowners Pockets the city cannot get blood out of a stone I hopefully pray that the city council board members will keep in mind the homeowners of Live Oak Lake Community concerned in this stressful manner I thank you thank you Teresa okay uh I believe Richard and I'll let you pronounce that last name JY JY job job like the book of I'm sorry forgive me that's quite all right it's an unusual name yeah a spelled a little different than what I'm used to that's Dutch okay okay uh ladies and gentlemen uh since we've moved in uh we moved in on during the first phase phase three is completed they're starting on four and five now already since this has come out 15 homes are vacated in the community because no one bothered to tell any purchaser of this amendment not the many not the uh py and not the city until just recently which is very unfair and unprofessional you know the biggest part of us uh when we' seen what you did with New York Avenue and the two streets on either side of it we very upset because cobblestone streets are not safe but yet you took them all the way out to 13th Street EX on two of them and in the almost five years we've never had City police officers in the community we've only had County we paid the the too water and the O OC and it's totally ridiculous that be charging this much in taxes is actually robbery and we know you can waste money but why do it this way thank you thanks sir would anyone else like to speak to this item please state your name and address for the record please good evening my name is Ashley low I live at 2342 nut hat Street um we have been there for three years I work here in the county uh for the school district I have two little babies um and my husband we're a middle- class family and if we were annexed with the taxes we would have to move and with the the state that we're in I feel very upset right now because I know what I would do I don't make enough money as an educator to have those extra taxes in addition twice our water bill accidentally was charged too high and they said that they would credit us and then they did it again the next month this is what is happening in the town of St Cloud and we don't want to be part of that we we like being part of the county and that's where we'd like to remain thank you thank you m'am if you please please uh give you a registration thank you is there anyone else who' like to speak to this item uh good evening I'm Gregory Clifford from 5184 chicky Street uh I moved to s to St Cloud uh four years ago and one of my main concerns are property value in relation to taxes our property value values go down as we pay more taxes I could have been in Lake Nona paid taxes like I'm going to be paying soon and been had had a shorter commute and uh we want to speak of uh services from the city the does I don't know if it's appropriate to ask questions and get an answer but uh does anyone really think the water in this town is worth drinking or drinkable and that's one of the uh the services that we're paying for that's we were all back doored on this there was no information given by py I wouldn't expect any from the city um you know just trying to live in the county paying the uh unincorporated taxes I knew I knew the difference when I moved in expect to pay less taxes not being moved outside the city limits and now getting back door uh by my estimation I'll probably pay $30,000 more in taxes over 15 years not very happy about it um one more thing um I guess that's all I have thank you sir just not very happy would anyone else like to speak to this item if not we'll have discussion and or motion by councel what is your pleasure regarding the final public hearing of ordinance number 202 24-44 Mr Urban um so I I just first want to say uh thank you for the the residents who spoke tonight I I definitely um appreciate that and um it's this is something it's difficult for for the city it's um in a effort to uh make sure that we are um being um financially financially responsible ourselves we have to um make sure that we're annexing in the enclaves that are in our city so that we can uh pay for the services that we provide here um I think we have a wonderful City I absolutely love living here in St Cloud um I definitely um sympathize with the residents and the the additional taxes they have to pay I think it was discussed at the the Planning Commission meeting I watched it online how maybe we can look into a way to kind of Step them into this so that they're not paying it all at once um I would definitely be interested in looking into that but I do think it's necessary and it would be irresponsible of the city to not start annexing in these these enclaves so just wanted to comment on that thanks sir you have other comment or motion I'll make a motion to approve we have a motion from council member Urban do I have a second second we have a second from council member Fletcher M clerk will you please call the role Deputy Mayor maeni I council member Urban hi council member Gilbert I council member Fletcher I mayor Blackwell I motion carries 5 Z could I entertain a motion for the adoption of ordinance number 2024 45 it's not the final adoption that just oh it's the first reading so we don't have well you do have to take motion because there's this requires a transmittal to the state because of the size of the project so you do need to take a motion to approve all right do I have a motion for the adoption of this first reading motion have a motion council member Gilbert do I have a second second second council member Fletcher Madam cler please call the role council member Urban I council member Gilbert I council member Gil Fletcher I Deputy Mayor Mai I mayor Blackwell I motion carries 5 Z brings us to item number three final public hearing for ordinance number 20 23- 51 and ordinance of the city council of the city of St Cloud Florida amending chapter 4 site design and development standards by adding a new article titled article 10 public art providing for public art requirements for certain residential developments and also includes effect severability scrier error conflict codification and effective date good evening council members Tia Manning zoning manager and Community Development um the public art ordinance is before you and again the applicability is going to be to residential um developments only for um uh new developments and if the residential development is 50% or greater um the public art ordinance is going to establish of course the applicability um provisions for public art what the public art fund can and cannot do calculation of values um the standards there are some um graphical depictions um the approval and pering process as well as M maintenance eligible art organizations and appeals again it's for residential developments that are subject to article 3 site development plans um of chapter 2 and Article 4 subdivision plans of chapter 2 um the applicability is going to exempt simple lot splits um it's also going to um exempt development that is less than 50% of the original gross floor area um public and um Public Schools primary and second secondary educational facilities as well as any repairs that should be done to properties for natural disasters or restoration um there are several opt options with the public art fund um there are six options so the first option of course is a monetary contribution of um no less than 1% with the maximum contribution amount of $200,000 um and that is going to be valued for a site development plans on the um building valuation and for uh subdivision construction plans it's going to be based upon a certified cost um engineer certified cost estimate there's also um on-site artwork that the development can provide as well as a donation of the artwork for a public space um there's also going to be um Art Space they can provide as far as like rehearsal Hall um rehearsal facilities Halls programs examit space classrooms and other educational as well as a combination of two or more or combination of multiple options um for public art um the the public art fund is going to be maintained by the city and it's going to be solely for the public art um it will not be able to be used for any co-mingling of funds for any other type of improvements that we want to do around the city um it is going to gain interest and any public art that may be placed at City facilities if so the money will go back into the public art fund um the calculation of our again site development plan is on building valuation uh subdivision construction plans is based upon the certified um Engineers cost estimate um and so some of the ways that we can do public art of course is going to be um crosswalks placemaking um and just theming throughout a subdivision that is going to be accessible to all residents or users and so these are some just graphical depictions of what um public art can be um these are more for um if they wanted to do like maybe big interest ways um and things like that in the actual residential subdivision or where they want to put the pl of art um as well as you can see here there's some place making um in functional elements in which you know a lot of times they have to put in bike racks anyway they can put in Creative bik racks they can put in um you know decorate the garbage cans or things like that as well as some shade structures maybe over the playgrounds um this is some of the um public art of uh decorating the crosswalks um and things that you can do that helps again with placem and functional elements within the development um the approval process for um public Arts of course is f and L um of providing the art and they must disclose this to us at the time of submitt of the application for the um sub site development plan or subdivision construction plan um public art space um submitt requirements are just to provide us the type of art that they want to put in and you know we can have it reviewed by elig Art organization or it can be uh inhouse review by city manager or Desy um the um enforcement of public art of course is going to be through a covenant that is going to need to be recorded and um public record and it shall run with the land um the city shall um type oh I'm sorry the city shall not be a signatory party and it can be subject to code enforcement action and so eligible art organizations we wanted to establish what that would be um to ensure that um they were of course um uh cooperating with the city of St Cloud so they have their primary office here a 5013c independent board of directors and also have programs within the city there's also a appeal process um in in which if uh that can go back to um city council for approval approval conditions deny or return it back to Community Development for us to continue to work with the applicant staff has reviewed this ordinance um and recommend approval likewise we also um uh Planning Commission also recommended approval of this ordinance and likewise we asked the same thing of city council to approve ordinance 2023 51 and this is um staff generated so I am available if you have any questions thank you very much would anyone in the audience like to speak to this we'll get public comment I have James low thank you mayor deputy mayor council members I want to thank you for the opportunity to come and speak to you tonight about this proposed ordinance my name is James low and I currently serve as the 2024 president of the Oola County Association of Realtors we're Oola County's largest professional trade association with over 5,800 members and business partners here in our community and also joining me tonight here are members of our leadership and our members at large to begin allow me to be very clear crystal clear and emphasize our strong support of the Arts and the role that Arts play in enhancing our communities our association as a whole and our members individual have for many years provided both financial and personal support of the arts and arts programs throughout Oola County and regardless of the outcome of the motion tonight we will continue that strong support so it's with some dismay that I appear before you tonight on behalf of our membership to say that our association must formally oppose the proposed public Arts as written after a careful review we are opposed for three specific reasons first the ordinance as proposed will place the bulk of the cost directly on residential developers and it will come as no surpris those costs will be passed on to homeowners secondly although the presentation tonight is detailed looks great closer scrutiny leaves us convinced that there is some lack of clarity the clarity that would be needed to make this ordinance effective and therefore leaving it un necessarily vague and open to some room for uncertainty third the absence of defined time frame for artwork approval lack of specifics on the entity responsible for approving the artwork raised serious concerns on accountability and transparency we are in a challenging and transitioning housing market and access to home ownership is already constrained by current pal prices interest rates and very high inflation that we've all experienced this proposed ordinance includes fees that again are going to be passed on to owners and therefore will directly and negatively impact affordability and limit access to housing in the city of SoundCloud public Arts plays a critical and important role in our community we support that but we respectfully ask for you to look for another way to consider funding this program and to engage in Equitable and meaningful dialogue thank you thank you sir Joe Johnson good evening mayor council members appreciate the opportunity to speak um state your name and address please Joe Johnson 6735 Midland Drive St Cloud so with all due respect to the time and effort that's put in by this Council and staff I know there's been a tremendous amount of time put in and there's been some changes as I just saw saw that the business part of this was removed I still would ask the council to consider voting no on this specifically my most important point is the timing of this resolution as Mr low just talked about we know with the ordinance fee it's going to be passed on to the homeowner and we know in the near future we're going to have a significant increase in the mobility fee those two coupled together is going to put too much strain on developers and then that additional Mobility fee we know was also going to be passed on to the home home owner so now you've taken the cost of purchasing a home up significantly I don't think that's what any of us want for the smart growth that we're trying to see in St Cloud the second thing I would ask you to consider is the maintenance of this art we just saw it's going to be passed down to probably the homeowners association who is then going to pass that fee on to the homeowners as well so now we're doing a double-edged sword thing with the cost in the essence of time I'd like to just end with that and ask the council to please consider no on this thank you thank you Joe would anyone else in the audience like to speak to this item if not we'll have discussion and our motion by councel would anyone on the council like to speak to this item councilor matini thank you motion to approve before I I need to allow comment do you have any comment Mr Fletcher um yes I actually um I I have a bunch of comments that I I would like to make um in support of this um I've had the opportunity to speak with the realator association Builders Association Apartment Association ailla chamber stcloud chamber um members and everybody um I've received all of of the emails the the letters of concern for this um and you know we we we worked a lot through um trying to get um better quality neighborhood here in the city of St Cloud um through both architectural design standards which um we were you know they were kind of knocked out of the way we can only apply them to PDS at the moment we've given direction to staff to to be able to um you know request the architectural standards through um um PD so that we can you know make sure that we we get quality neighborhoods um I believe that um having great neighborhoods um increases the quality of life for our residents um I believe it helps with Public Safety um you know we can look at stev's Plantation or Turtle Creek um these these neighborhoods are going to live beyond us um if you've ever you know driven to another city or another town and you say man this was this was once a nice neighborhood um these are the types of things that are going to keep a neighborhood um a quality neighborhood for for a long time um we we we've worked with staff we worked with with stakeholders we've we've listened we've went ahead and removed um the commercial we know that is part of our strategic plan um that commercial industrial tax base is is definitely um needed um one of the other things too that I'd like to mention I had staff and I'd like to ask the the city manager or or or dag Marie um I appreciate the research that you did on the other jurisdictions but I forgot to bring the dates um so if you while I continue talking if you could look that up for me um there's other jurisdictions um surrounding whether it be orange Bard Lake the city of Orlando um I believe Bard County adopted their public Arts ordinance in 1978 so we tried to talk about getting ahead of the curb curve to be able to create quality neighborhoods and I think this is an Avenue um to definitely do that I understand that you know if if if if development slows right it's ripple effect so that's going to have an effect on the the electricians the AC guys um the roofers appliance repair pool guys all of this it's it's a downhill effect um so there's also Provisions in here which is the theming and placemaking so it's not all right we're going to charge 1% on the costs the the cost estimate they have the ability to to build a better quality sidewalk a better um Landscaping and park and and things of that nature which would they wouldn't have to pay on the 1% if they if they did that um I wish some of the the examples were from Southern Georgia or South Carolina or or North Carolina rather than you know super modern art to have a better understanding um of what this could potentially provide because they're going to build neighborhoods that are something the market once in theming that the market wants um so with that um I will go ahead and make I hope the council um would agree um that staff has has has worked very hard on this um I'd like to see it get across a Finish Line this evening so I'll go ahead and second your motion so thank you okay we have a motion for councel Matha second Council Fletch before we vote on that are there any other comments from any of the other council members I have a comment you know this this Arts ordinance is not a simple ordinance it's 12 pages of uh eighto single space guidelines you know the it's complex I believe it'll lead to unnecessary conflict between City staff and applicants who are trying to apply these rules to their projects you know this ordinance I believe will add an extra layer of processing that will only make the staff uh their jobs harder and more difficult and I certainly believe it'll make the permitting process longer I believe it creates cost that certainly will ultimately P be passed on to the residential consumer who are already struggling to buy affordable homes and apartments in an inflation burdened economy what hasn't been addressed are additional unknown long-term cost this art has to be maintained in good condition quote protected against phys physical defacement it has to be repaired by the owner if it is defaced or damaged if it's stolen it has to be replaced by the owner if you can find him um I believe it's another additional unpleasant responsibility for code enforcement that they will have to address when these things happen that aren't in the ordinance you know if the city has to repair and maintain the art which it says it does then it says it's going it will be reimbursed by the owner again CE again if you can run the owner down you know again I I love art Arts a very important part of my personal faith you know but art is subjective you know what I like and what you like I'm sure are probably very different and the question is who decides what is quality art what is acceptable art you know will the art that we do today be uh reflective of just this generation or will it also be totally rejected by the Next Generation you I can only imagine the negative attacks that are going to come from social media when art projects are approved and they don't meet the professional experience of keyboy key keyboard Cowboys uh I can only imagine what we're going to have to endure when that happens and so I will be voting against against this this ordinance and I encourage my other council members to consider doing so if there's no other comments we have a motion and a second um I did have one more comment mayor yes you may um city manager were you able to find that information yes sir uh bravard County 1979 city of Orlando the latest amendment was 208 Orange County we couldn't locate the information and Mount Dora 2016 okay and then the last comment um um I'd like to make in reference to to the maintenance um of the art and um what is considered art um I believe decorative and upgraded street lights and sidewalks and things of that nature um I don't necessarily think that they're they're they're they're controversial um items um you know we you know elevations are nice right so like we appr prove them and then we get you know there's there's just a bunch of twostory warehouses that are just boxes with no character whatsoever just imagine what they're going to look like in 70 years 60 years from now this is what this is trying to to to address it's not about oh you know the council is going to put you know this massive statue on the corner of you know a corner or you know I I've heard that you know some folks have even you know at different groups discussing this like oh the city council is going to put rainbow breaks and this and that that could be that's so far from the truth that I think that this this one effort to make sure that we get quality neighborhoods has just expanded into this big thing so hopefully thank you are are there any other comments M Clark please call the role council member Gilbert nay council member Fletcher I Deputy Mayor Mai I council member Urban no mayor Blackwell no motion denied find my Poli here again the ordinance has failed brings us to item number four you please read that into the record final public hearing for ordinance number 202 24-32 an ordinance of the city council of the city of St Cloud Florida to Annex into the city of St Cloud approximately plus minus 2.78 4 Acres located east of erlo Bronson Memorial Highway in accordance with the voluntary annexation provision provisions of chapter 171.000 44 Florida Statutes good evening D Mar Sagara deputy director um in front of you is an annexation request voluntary annexation request of a property located Northeast of a Le Bronson Memorial Highway south of Big Sky Boulevard the property is approximately 2.7 84 acres and staff is recommending approval as you can see in the in the depiction of the um location um the property is surrounded by city limits it's con res uh reasonable compact is adjacent to the City Limits about the city limits in the Northern Western and Eastern property boundary the existing County future landine use is commercial and the existing counting zoning is General commercial the applicant has up to a year to um to reson the property to a city um zoning uh a staff will be uh looking for a commercial designation for this property at when that time comes um thec staff recommended approval Planning Commission also recommended approval um and it is requested of this Council to recommend approval of ordinance number 202 24-32 the applicant is here if you wish to ask any questions would the applicant like to speak to this item I guess not would anyone in the audience like to speak to this item if not we'll have discussion enter motion by Council motion to approve we have a motion from council member maeni do we have a second second we have a second from council member Urban mam cler council member Fletcher all right Deputy Mayor Mai I council member Urban I council member Gilbert I mayor Blackwell I motion carries 5 Z brings us to items five six and seven final public hearing for ordinance number 20 24-33 an ordinance of the city council of the city of St Cloud Florida to Annex into the city of St Cloud approximately 2.45 Acres identified as thanam properties located north of golden River Lane South of lilan Lee Road East of nusi Road and West of River Crest Avenue in accordance with the voluntary annexation provisions of chapter 171.000 44 Florida Statutes final public hearing for ordinance number 202 24-34 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 2.45 Acres identified of thanom properties located north of golden River Lane South of Lilian Lee Road East of nusi Road and West of riverest Avenue providing for amending the official future land use map of the comprehensive plan filing of the Planning Commission recommendation impr Pro of publication severability copies on file and effective date final public hearing for ordinance number 20 24-35 an ordinance of the city council of the city of St Cloud Florida providing for a zoning Amendment of the zoning map of the Land Development code of the city council of the city of St Cloud Florida specifically changing the zoning designation of approximately 2.45 Acres identified as thanam properties from agricultural development and conservation zoning designation County to agriculture zoning designation City with a low density residential future land use adopted by ordinance number 202 24-34 generally located north of golden River Lane South of Lilian Lee Road East of nusi Road and West of River Crest Avenue providing for entering the designation on the official zoning map filing of the Planning Commission recommendation proof of publication severability and effective date once again D Marie sigara deputy director Community Development this property is requesting the annexation compr Amendment and zoning amendment of a property located north of golden River Lane South of Lilian Lee Road and East of nusi Road the property is approximately 2.45 acres and staff is recommending approval the property is contigous and reasonably compact about the city limits and it is low density residential in the county and it is agricultural in the county the proposed future line use for this property is going to be also low density residental itial and the proposed zoning will be agricultural that that zoning is compatible with the surrounding area the applicant has expressed the to build a single family residence on the property there's no adverse impacts on City facilities this is the location map as you can see it is surrounded by city limits and it is this this is the depiction of the future land us and Zoning designation which is compatible with the area staff recommends approval Planning Commission also recommended approval on May 21st and it's requested of the council approval as well of ordinance 2024 d433 for the annexation ordinance 2024 d34 for the comprehensive plan and ordinance 202 24-35 for the zoning map amendment I believe the applicant is here and I'll be happy to answer any questions is the applicant here would you like to speak to this item my name is Matthew U I'm your name and address please sorry my Matthew ores 4732 red Pineway I'm actually here with my father he's one of the property owners um I'm actually here to answer questions if you guys actually have any about the but um I don't actually have anything else State I you'll just uh stand there in case we have any questions first of all when anyone else anyone in the audience like to speak to these items if not we'll have discussion on motion by councel we have any discussion questions by councel could I entertain a motion for the hear final hearing of ordinance number 202 24-33 motion to approve second we have a motion from council member theena second from council member Urban Madame clerk Deputy Mayor Mai hi council member Urban hi council member Gilbert I council member Fletcher I mayor Blackwell I motion carries 5 Z could entertain a motion for the adoption of ordinance 202 24-34 motion to approve second we have a motion from council member Fletcher second from council member maeni m clerk council member Urban I council member Gilbert I council member Fletcher I Deputy Mayor Mai I mayor Blackwell I motion carries 5 Z and then could I entertain a motion for the adoption of ordinance number 202 24-35 motion to approve motion from council member Fletcher do I have a second second second from council member Urban Madam cler council member Gilbert hi council member Fletcher hi Deputy Mayor Mai hi council member Urban I mayor Blackwell I motion carries 5 Z congratulations don't you wish they were all that quick brings us I number eight please final public hearing for ordinance number 2024 41 in ordinance of the city council of the city of St Cloud Florida amending Chapter 30 Parks and Recreation Article 1 in general section 30-4 park hours section 30-5 glass beverage bottles prohibited on Beach area of East Lake too paga lakefront and section 30-9 smoking prohibited and Article 2 special events section 30-17 definitions section 30-18 permit required exemptions and section 30-9 19 application for permit of the code of ordinances of the city of St Cloud providing providing for conflict separability administrative correction codification publication and effective date good evening Aaron jangs Parks and Recreation superintendent we have our special events ordinance um with a growth in the amount of events that the city has been entertaining we found it necessary to to amend the special events ordinance um and we have these amendments we propose um adding Chism Park to the Divine Beach area of East Lake topa taga Lakefront area including the pro the prohibition of electronic tobacco products e ecigarettes and that nature redefining the major special events and adding definition for minor special events and requires special events permits for both major and minor special events extending the filing period to 365 days prior to an event date reducing the deadline for the filing period to no less than 60 days prior to the event date um res excuse me adds a resignation deadline of 180 days prior for events with parades in addition approved Parade route requirements for those applicants as well limiting the number of special events specifically with road closures in the Entertainment District redefining the restroom requirements to align with Florida state law and that should do it that's a lot um thank you I'm available if you have any questions would anyone in the audience like to speak to this item if not we'll have discussion or motion by Council we have council member Fletcher um I just have one quick question I forgot to ask you that in my briefing um limiting the number of special events in the downtown Entertainment District what is it going to how many like it was there or was it a discretion we have we haven't defined the number we just are limiting the amount um because we don't want to have like every Saturday Sunday you know something closing those Street the streets down okay so it's just something it's language that will just monitor basically okay thank you any other comments or questions from Council I make a motion for the adoption of ordinance number 20 24- 41 do I have a second second have a second from council member Fletcher Madam clery please call the rooll council member Fletcher Deputy Mayor mathi hi council member Urban I council member Gilbert hi mayor Blackwell I motion carries 5 Z Item number nine final public hearing for ordinance number 2024 -47 an ordinance of the city council of the city of St Cloud Florida amending the Land Development code of the city of St Cloud Florida to amend article 3 division 24 historic preservation overlay hpo District providing for severability confli conflicts codification and an effective date good evening Council Tisha Manning Zer manager for Community Development um this ordinance before you tonight is basically to make some updates to our historic preservation overlay um in which so of course we know the purpose is to identify protect and restore um and support historic preservation in the city of St Cloud so um we had the historic preservation um we got a small mansion grant for historic preservation plan which we saw earlier this year um this is also a part of that historic preservation plan that we had to update the ordinance in which we're going to um bring um adopt the new survey that was concluded in October of 201 20 um that has the um includes 2019 natural National register of historic places um it talks about the erection of the historical markers and it documents properties built in 19 before 1970 um so the proposed updates to this ordinance is going to um of course add language to reflect the adoption of the historic preservation plan adopt the 2020 survey um that was done and completed in October update language in the ordinance where it referred to Planning and Zoning to Community Development and we up updated our process for major and minor reviews staff recommends approval of this ordinance for 20244 Planning Commission also recommended approval and likewise we ask that the council recommend approval of ordinance 202 24-4 and I am available if you have any questions thank you would anyone of the audience like to speak to this item if not we'll have discussion and our motion from Council Council Mai thank you uh thank you Tisha I appreciate the change in language to streamline the process I know that was something I'm sure we've all gotten comments about um and kind of falling into like a no man's land with with the approval so I appreciate that um and I'll make a motion to approve we have a motion for approval of ordinance 202 24- 47 from council member mathenia second from the mayor Madam clerk please call the rooll deputy mayor maeni hi council member Urban hi council member Gilbert hi council member Fletcher hi mayor Blackwell I motion carries 5 Z Item number 10 has been pulled brings us to item number 11 resolution number 20 24-85 r a resolution of the city council of the city of St Cloud Florida declaring 1.54 plus minus Acres of certain vacant real property located west of buinger Avenue and south of Peg Horn way owned by the city of St Cloud as Surplus property for Leasing and approving the lease of said property to air methods Corporation for the construction maintenance and operation of a heliport for medical transport plus payment to the city of $600 per month for an initial term of 5 years authorizing the mayor to execute a lease agreement and providing an effective date Mr M I think I'm going to give this a shot this is Mr brw's uh project but he's out of state for today so we're going to dive in and try to help as you know under the city's code in the event that the city wants to lease out any property you have to have a special public hearing to do so uh so that's what that's why that's why this is set up for a public hearing for you today so what this item does it it approves a lease agreement with air method LLC as it said in When Stacy was reading the title for for an air medve uh system with a helicopter to do that the leases for the 1 and A2 Acres that you're seeing on the screen there um the uh my understanding is that air methods will be coming in and they will be improving the project improving the area to put essentially a base for a helicopter transport helicopter uh which probably has a value of about $4 million of impact on the city so uh the fire chief can talk to you a little bit more about the public safety benefits for the city but uh we're we're seeking approval of the leas today uh obviously the the lease amount seems like a fairly small amount but the Ben much better benefit to the community of having this ability to have these Transport Services out there well outweighs the the lease payment that we're talking about so all the responsibility would be on air methods to improve the lease maintain the the lease property maintain it um the lease provides for an initial term of five years and then two renewals of of five years thereafter uh each so uh we're requesting approval of resolution 2024 85r all right Mr Miller would you like to speak to this item good evening mayor Jason Miller fire chief um it's a great opportunity for the city of St Cloud and the residents to have a medical helicopter right here in our backyard um as recently as last week we used the helicopter to fly somebody out who is severely injured so um I just can't speak enough about the life- saving capabilities this provides to the city in a much faster resp response time by them to our needs that alone is invaluable so you have any questions past that I'd be more than happy to answer all right Council matini thank you um I mean this this is a no-brainer R for our city it's a wonderful addition that we have and great opportunity and everything I'm glad to finally get it across the Finish Line because I think it's the third time it's get on the agenda and then it keeps getting pulled and whatever but I wanted to ask the question it has the option for the two renewals who signs the renewals is that this does it automatically go to the city manager and you can sign it or I'm just the way it's currently and we tried to put something in place that there would be more automatic but uh we were looking at because the council has expressed to us a the thought that if you're going to have a renewal there at least be some sort of incremental increase on the rent amount uh so we weren't able to get that in there so the provision of the lease agreement says that the rent amount would be renegotiated that the 5year renewal P because of that that means we would have to come back to the city council okay I was going to try to get it where the city manager could do it to streamline the process but um I'll make a motion to approve before we do is there anyone else in the audience would like to speak to this item if not we have a motion for approval from Council memberi do I have a second second second from council member Fletcher is that correct Madam clerk please call the rooll council member Gilbert I council member Fletcher I Deputy Mayor Mai Council member Urban I mayor Blackwell I motion carries 5 Z and I thank you very much item number one under Council action has already been addressed at the beginning of our meeting which brings us to item number two Madame clery please read that into the record resolution number 2024-25 under section 70. 51 Florida Statutes related to the city council's denial for a future land use and Zoning change for property located south of US Highway 192 and west of Hickory Tree Road authorizing the mayor to execute the settlement agreement and providing an effective date Mr thank you mayor so as the as Stacy read in the title this is to address the previous denial by the by the city council in at your no November meeting with regard to the requested land use change and zoning change for this property um as uh I think if you can see in the background slide there once the denial was in place the owner of the property the applicant requested for Relief under the uh uh in pursuance of the law there is a process in place for under the uh uh for them to seek relief of the decision that was made by the city council that that relief provision essentially uh provides that you have the parties would select a special magistrate the special magistrate oversee basically participates in trying to reach a resolution of the of the disputes it requires that the parties go to mediation uh and try to mediate and resolve the the the matter so I think I'm supposed to be controlling this so I'll move forward so I apologize for that um so we did we did uh once once the applicant requested the dispute resolation process we did select the mediator a special magistrate to serve as a mediator and we did participate in mediation with the applicant by we I mean the city staff did uh City staff and our office participated with the owner of the property uh and as you recall this propert this this project had to do with the operation of uh of a a concrete crushing facility as we're calling it uh and the Tenant or the operator of that facility was also participated in the mediation we Med we mediated on January 31st and March 4th of this year uh and before you tonight is this the proposed settlement agreement for your consideration and approval uh the process again as they said indicated that we had to go to mediation we Tred to work out on what city staff and the applicant tried to do is to try to get like you do in mediation to get together and try to come up with a reasonable solution uh that would be um try to be beneficial to both parties uh as anybody will tell you who ever been involved in mediation you go to mediation with the idea that you're not going to get everything you want right and that's just a process the way the process works on the 7051 is the mediation and any agreement that that the city comes to is subject of final approval of the city council and that's why we're before you so I'm just going to briefly go through the terms of the settlement which staff is recommending to you tonight uh for approval and that the um and that the applicant and the property owner is uh uh is is in agreement to uh just point out quickly that some of the goals that we looked at when we were trying to work through mediation uh obviously one of the goals was to try that the city staff had had and we and the and ultimately the property owner has has a to this and we will talk further about this later on was to basically redevelop an existing site there to create a planned Industrial Development for the area that we're talking about also an important segment of this was to try to work to relocate the existing concrete crushing facility uh from its current location to another location that might have less of an impact on the community in the neighborhood and then as uh as you might recall during the November con discussion of this matter there was some discussion about the the economic impact of this type of facility so there was uh from the from the staff's perspective and the applicant's perspective a desire to maintain that that economic impact in the for the city um so the settlement terms are simply this the property owner for the two Parcels that were part of the November decision those Parcels involved were part were were identified as parcel one and two the property owner also owns or controls three other Parcels identified for in the settlement gr Parcels three four and five Parcels 3 four and five are currently located in unincorporated Oola County uh so as part of the settlement agreement one of the things that staff was was was um trying to promote was that the property owner that controls all five of these Parcels would take all five of those par parcels and basically combine them into ultimately into a planned Industrial Development to do that the part those three Parcels that are in unincorporated ool County would have to be in would have to be annexed into City so the settlement agreement says that the property owner will submit applications to Annex those properties into the into the city they'll obviously have to come back to the city council uh for approval because they are annexation petitions petitions as part of that they would also submit applications to do uh for the change to land use and the zoning uh to the zoning would be changed would be submitted for an application for an I3 which would allow for a planned Industrial Development on all five Parcels uh and then uh within 60 days of the approv of the annexation of those properties into the city uh the applic the owner of the property would would move forward with causing to be relocated the existing concrete crushing facility from parcel one to parcel 4 uh which was in the materials that um I think were provided to you you have a good idea where where those are the again the idea would be that the concrete crushing facility would be moved to a location that would have less of an impact on the community so um the relocation would be temporarily permitted on that site uh because until with the stipulation that the property owner would move forward with the required site development plan for the whole plan un so we would essentially allow them to move that even though they didn't have in place a site development plan and that Mo the new location would be subject to some of the to restrictions that we talked about at the November meeting and which we'll talk about in a second here um as you aware there was a code enforcement proceeding that was involved with this matter because the operation that was on the property was done without the appropriate permits uh so was part of the agreement uh City staff and the city would excuse me would recommend that the code of forcement proceeding essentially be abated and that upon compliance of the with the codes uh that the code enforcement the acred code enforcement fines uh would be uh would recommend that they would be approval the fines that they currently exist based on an abatement abatement they would not exceed the $50,000 level B if the property was if the fines were abated until March 4th it would be lower than 50,000 the reason why that it's written as staff would recommend approval and the city would recommend approval because those approvals fall within the purview of the special magistrate for code enforcement because they're below 50,000 so it would have to go back to the special magistrate at that time and the special magistrate would would and and if the staff and the city council agrees to this we would recommend that the special magistrate wave those fines and release those leans that are on the property also as part of the settlement staff uh agreed to some specifics with regard to the Future planned Industrial Development uh they related to reduce setbacks uh for the areas um uh on the properties that do not abut any residential zone property or hickey Tree Road there' be reduced parking requirements um s an elimination of interior open space requirements again as part of the planned Industrial Development uh some additional signing signage and then the uses that are set forth in the agreement that are listed as Exhibit C and we can look at those if you want they're essentially light industrial uh uses that are listed on there um the applicant or on parcel one which is on uh I'm sorry in parcel 3 which is currently in located in unincorporated ool county has expressed the desire to move the an existing truck facility that Trucking facility that's at to parcel one so they would the the planned Industrial Development would allow for the removal of that that current operation that's operating in unincorporate oel County move that from parcel one to parcel 3 I'm sorry parcel 3 to parcel one um as I mentioned earlier there are some operational restrictions that the agreement calls for uh the applicant and and staff looked at these so uh there the the hours of operation was an important item to to to look at uh so they would have restrictions on on the on the operation of the concrete crushing facility uh from 7:00 a.m. to 5:00 p.m. uh from sat on Saturdays it in its current location as it as for as long as it stays on parcel one and some these restrictions would apply immediately towards the operation of the existing property uh of existing I'm sorry facility as it exists on parcel one right now so from the operations would immediately be limited to 7 to 5:00 p.m. Saturday 8: to 2: in the existing location once it's moved to the parcel 4 the Saturday hours would be extended by another hour from 8: to 3: um and the property in both locations they they would be closed on Sundays the operation would be closed on Sundays Thanksgiving Christmas New Year's Memorial Day Independence Day and Labor Day um important for the staff was to limit the construction operations uh have as it impact in the neighborhood con crushing operations would only occur basically Monday through Friday in the hours of 8:00 to 5:00 p.m. similarly delivery of material loading and unloading of trucks would only happen during the operation days which would basically be the 8 to 5 period and um the um 8 to um 8 to two on Saturdays and um and8 I think that slides a little long because the on that slide it should be 7 to 5:00 p.m. I'm sorry for the crushing activities um uh and uh and no operation of the Machinery repairs and machine Machinery except during operating hours for that um in addition there would they have agreed to do some to do noise M mitigation immediately uh the noise from the concrete crushing operations on partial one shall will not exceed the deel levels that are contained in this in the slide here today uh and for that as we move forward the relocation of parcel 4 uh the noise would would U the noise restrictions would comply with the city's applicable code you will shortly see an amendment to the city's um noise ordinance that will apply to generally throughout the city which is why this is this is written like this because and the and the part and the property owner and the op operative agreed that they're going to comply whatever the noise ordinances at the time but you will see uh the city is working on an amendment to its noise code to provide u a more measurable um enforcement of noise uh of of noise issues in the city there's a a requirement for to address the dust mitigation uh which would mean for routine watering of the of the parcel of the property the material as we understand it as you might recall there's essentially a staging area for the material that's going to run through the concrete crushing facility so as that material is sitting in piles getting weighted waiting go into into the crusher and other issues they're going to water that so that they they they can mitigate the dust uh that that uh uh would comes from that um in addition uh the um the city would have an opportunity in event that weather conditions warrant additional uh watering to deal with the dust to see would have an would have the ability to go to the the operator and say hey you need to do a little bit more because of the current weather conditions um outdoor storage uh there's uh we were it was important to maintain the setb setbacks for outdoor storage from Hickory Tree Road and that's what another stipulation requires in addition there would due to the movement and how the operation is it it the once the facility is relocated the parcel 4 there may be a need for a certain amount of the material that hasn't gone through the crusher yet to remain on parcel one so as long as the part as long as that material remains on parcel one uh the the outside storage of that material would be essentially it would be uh screened from public view by opaque fencing and they would keep that for as long as it's on on the parcel one piece of uh that's generally the terms of the condition of the of the settlement we're proposing to you uh it we know it's a lot uh but we a lot of these the restrictions were all part of the items that were part of the items that were in that can be before you in November um we've added several more to try to address this with the goal of trying to take all five of these Parcels into one planned Industrial Development uh for the community to be able to do it and so staff's recommending approval um I think the representative of the property owners here uh and we're happy to answer any questions I'd like to ask a question before I ask the applicant to come up if the council chooses to deny this request what happens next under process again the the the process that been invoked by the property owner and the applicant is it has for the appointment of a special magistrate the first step is to go through mediation which we've already done that if the council were to reject the statement the this proposal tonight then we would go back in front of the special magistrate the special magistrate would then have a basically an administrative hearing to review the issues uh related to it and then the the special magistrate would either agree with the city's position or would would find that the city's decision unfairly burdened the property and submit a recommended order back to the city council uh to come back to the city council for final action city council then at that point can approve that recommended order or and accept it and uh Implement some whatever the the um the relief would be or it can deny it in which case the applicant would have the opportunity to take the November uh decision and challenge that through a petition assert in O County Circuit Court okay is the applicant here would like to speak to this item the owner uh good evening mayor council members Brent Spain theak in Spain 1809 Edgewater Drive Orlando Florida for the record uh we don't have a presentation this evening I'm just here to ask for the council's support of this settlement agreement as Mr manzaris indicated both parties went to through two full days of mediation they were separated by several weeks so that the parties could go back and sort of brainstorm internally come back for the second day even after that second day of mediation I think Mr manison I circulate draft settlement agreements over a period of several months receiving additional feedback uh and request for additional conditions and we really think that what's before you this evening allows to create a win-win you all get the P that was discussed a lot last November you get additional acreage coming in and we also address the con the concern to move that crushing facility further from existing residential neighborhoods so again I'm here this evening I'm happy to answer questions but really I'm here to ask for your support So folks can move forward to the next step and and get this project before you with the new applications thank you very much skip Stowers you're up first good evening I'm skip Stowers live at 221 Spring Lake Circle in live o um I'll keep it short but we would please ask that you hold steadfast here December 14th 2023 uh 5 to nothing vote not to change the land use code after hearing your attorney I'm completely confused about what they want to do here but it sounds like to me they want to expand this facility into three more Parcels but we're all confused with that um there'd be more of us here tonight but we weren't informed of this meeting and what it was about um but we would like you to hold to your decision decision that you made back in December um I had a question on the $35,000 this company owed the city and I didn't I didn't understand the answer other than that it'll be going away if it becomes a city property so if Mr smain or someone would like to tell us what we don't know what Parcels three and four it seems like they're going to expand the facility and um it's already a very ugly unsightly facility unlike the ones next to it uh the cement plant there is put up a beautiful wall they're neat they're clean they're a little noisy at sometimes but they're acceptable um OU see is just build a beautiful facility with trees and sidewalks and then you get to his client and it's a mess it's a complete mess and I'm not going to go into the details we've already done that but um their things are leaking out onto the sidewalk it's it's something that our community doesn't want and we just ask you to uphold your vote I know it's going to be a legal fight but um as a citizen I just ask you to do that thank you thank you Mr maner yeah and I apologize so I also I think I left that as part of the presentation so part of the reason why staff wanted to do it was okay with moving forward with a planed Industrial Development because it allowed for further re further planning of all five of these Parcels that are in there among the potential would be the expansion or extension of a wall similar to the wall that the gentleman just mentioned along the ex the exterior portion of that uh of the of the PID uh along hick Tree Road to be able to do that so that's part of the plan proposal so that it would the area would look a little nicer the with regard to and I understand that it's it can be confusing for folks that don't that aren't involved in this the the concrete crushing facility which has been the main discussion points with the impetus of the impact on the community that would only occur on that one parcel four the rest of the properties would be able to be developed similar to some to for example similar to the trucking facility that exists on the one parcel already so what's going on in that same neighborhood would be part of this PID already but they would not be able to expand that particular concrete crushing facility beyond that the what we talking about the relocation oh and if I could on the fine thing again I the code enforcement fines at $30,000 that's part of the the the this the recommendations should compliance be made that's entirely up to the city council and ultimately TI up to the special magistrate at the time that that would come up thank you Deborah Stowers Deborah sters 2221 Spring Lake Circle um first I want to thank you for your vote in November to oppose the change in the zoning my big concern is that it Remains the zoning it was supposed to be which was our understanding was light industrial um this business is dirty Dusty ugly and in short it would be like living next to a construction project that was permanent and never ended uh I just want to be able hopefully that you'll ensure that these Parcels are restricted to uses that are not like that thank you thank you Mr Towers Ken pisinski help me brother mayor Blackwell I'm sure that's a challenge Ken Pinsky I like that I live at 2027 live o Boulevard thank you for your time deputy mayor council members as a two previous just spoke I uh ask you to oppose this change uh there was discussion about an opaque fence that would be erected uh opic fence won't hide a 20 30 foot mound of dirt and gravel and stuff like that uh talking about noise abatement uh in the November uh meeting we had here there was a discussion by a uh a sound engineer of how tall of a wall it would take to contain the the noise that's proposed or happening with this facility uh it's already bad moving a truck company from parcel 4 to partiel one uh I know you already know traffic wo on Hickory Tree moving a trucky company in there is going to be another problem uh so it just goes on and on on how difficult this is don't know the motivation for moving from partial one to partial four uh the belief is it's going to move at 300 feet away from uh Live Oak estates or Live Oak uh which would keep us from being notified When Future meetings happens about this uh land use and we would not be notified so uh not sure what the motivation is there but uh uh asking you uh city council to please disapprove the changes thank you for your time thank you Ken when and I I'm not sure about that last name either yeah my name is way Schultz I live at 2240 Spring Lake Circle um I'm asking that you all stay with your boat also I mean you all voted on it and ever since the vote that he was supposed to slow down it's gotten three times worse in noise all hours the dirt has gotten worse I mean I'm cleaning my pool area every few days got to hose it all down because of the dirt blowing across that area there and the noise and then all these trucks now the I mean it's gotten three times worse than it originally was and if he expands it it's going to be suicide over there I mean we already got dirt piles moving into hickory tree covering the sidewalk it's it's just disgusting I I hope you all stand by what you decided the first time and stick with it we hope so because it's really making the city look dumpy and it you know it just doesn't belong there it belongs out in holy Paul Somewhere Out by the garbage dump not there thank you free time thank you Wayne would anyone else in the audience like to speak to this item please sh for state your name and address and please fill out a form before you turn there you go you're ahead of me my name is Jeff shler I live at 20209 Spring Lake Circle St Cloud Florida I represent myself myself my wife and my parents who live at who own the house at 2191 Spring Lake Circle um until this meeting I didn't realize that Rock crushing facility is only going to be moved South and has anybody in Hickory Hollow been notified of this because it's even going to be it's closer to them and with it moving south I think it's even closer to my house so I would suggest that you say vote no and with the way the Rock crushing owners have maintained their property I would not trust them any further than I could throw them as Wayne had mentioned up until a couple of weeks ago probably in preparation of this meeting their debris was flowing over the fence over the barrier they had onto the sidewalk weeds were growing up in there um you can't trust them that they'll take care that they'll do what they said that that they would do and a wall in that in that situation will do nothing as far as noise dust is still going to be there um our neighborhood we used to have company that would come to our house they pull in our driveway and this is any day of the week even when the cement plants were there and they'd say this is such a peaceful neighborhood we can't say that anymore because there's a constant Roar white noise does not agree with me and that's what this is we can't have our windows open because there's this constant Roar going on in the background so unless you have experienced it you you probably won't understand it but please do not allow any of these changes first of all Hickory tree the uh Hickory Hollow Community needed to be notified and I doubt there's any of them here thank you thank you would anyone else like to speak to this item hey mayor uh fellow council members again Bren Spain for the record and there were some questions that were brought up and it seems that there's some confusion amongst uh some in the audience about what actually the settlement agreement does we're not expanding any any facility The Rock crushing facility is not expanding and Dan I don't know if you all have the aerial that's the exhibit to the settlement agreement so it could be put on the overhead but we're we're relocating the existing facility to parcel 4 the settlement agreement requires that the facility the mobile Crusher be located in the furthest Northeastern or Northwestern corner so that it's backs up against an existing undeveloped area under the settlement agreement the list of uses do not allow any additional cement plants or cement processing plants anywhere in the entire PID so this ensures that there won't be any additional concrete facilities in the area and by bringing the property into the city it forecloses us from doing it in the county some of the uses that want to be in this PID I have the owners that have parcel 5 under contract is a doggy daycare facility so they're waiting for us to get the settlement agreement approved so we can move forward with the revised development applications and they can come in with the site plan for their Doggy Daycare facility again which it's my understanding there isn't one of those anywhere in the city of St Cloud and that doggy daycare facility parcel 5 is immediately adjacent to parcel 4 where this facility would be located as far as noise we've already committed immediately during the mediation itself it was part of the terms in which to continue the mediation to self-impose the 70 deel uh requirement being read from any uh residential property which is above and beyond the city code requirement and that will remain in effect while the operation is on parcel one and then when it moves from parcel one to parcel 4 we will need to uh comply with the city's noise ordinance just like any other business with respect to trying to avoid notice we're not trying to avoid Avid any notice this was the area we looked at during the settlement discussions to move it as far away from the ex existing neighborhood that had shown up in the November meeting last fall the settlement agreement requires notice for all future public hearings in fact there's a provision in there while it says that the city agrees to expeditiously process and consider the revised development application it's all subject to required public hearings and notice so um no one's trying to circumvent that in fact because it's all part of one PID I presume that the measurement is probably going to be from the entire PID boundary so again I mean a lot of effort went into this a lot of man and woman hours went into this proposal um you know again the list of uses you know we we tried to eliminate every use that the city staff asked us to eliminate has been agreed to and eliminated from Exhibit C including any future cement cement uses within the PID so again I'm happy to answer questions about it um I really truly think it's a win-win I've practiced L use for 24 years in Florida throughout the whole state including sitting in Mr manzer chair for local governments but trust me if my folks had written the settlement agreement like Mr manzer said successful mediation is when both sides are in the parking lot grumbling a bit and I can assure you there was plenty of grumbling on my client's side but we're looking for a situation or a solution that works for the city as well as the overall development of this property thanks sir Mr M and I just want to confirm so when the applications if if the sen if the council approves this tonight when the applications come back the application will be for all five of the parcels that are on your screen so anybody that received the required notice for parcel one would also receive the required notice for the rest of these because of the fact that they all be all Parcels will be part of the same application so if they got notice for the nove for the November hearing because they live with within the distance requirements of parcel one they would get it for the any future meetings thank you do you have anything else no what anyone else like to speak to this item if not we will have discussion questions or motions by Council council member maeni your light was on first thank you um first I appreciate the time that everybody spent in mediation like going through this process um unfortunately for me it's like we're trying to beat a square peg into a round hole here and the moving the development to the South like combining the parcel I mean that was immediately the first thing I said well you're just moving closer to Hickory Hollow like Hickory Hollow is going to be you know we're moving away from existing development you can't because of the location I mean it's just not the right location um we went through all this stuff the first time it came before us and we all voted 5 not to move it forward I'm hoping we're going to have the same vote tonight but to me the changes it it's they tried but it's just not the right place you know um I agree with all the comments that were made like the wall isn't going to do anything there's 20 30 ft High material um we there's no chance that I feel like this site is going to be in compliance with anything and how we were going to keep them in compliance with it it's just not going to happen based on the past experience that we've had you know through through this whole process I know I live next to a bar that's not supposed to have outside music and we can't even keep them from doing outside mus you know I just think the probability of being able to keep all these conditions in check is is almost zero for me um I did want to mention that the process has to be extremely frustrating for the residents because we went through the whole thing it was publicly noticed we voted it down and then you know here we are again and they weren't notified of this meeting and so I did confirm with the city manager's office that it wasn't a requirement like if if this process continues on and we vote it down and it comes back again and you know doing this whole thing they don't get notified again so I'm going to request that that we do notify the residents if this continues to move forward just so they have appropriate notice of of the process to me I would be extremely frustrated as a resident like I just went through this I fought it it got voted down and now I'm back again like what what the heck um just checking out my little notes here but you know I agree with everything the residents have said I think I just don't feel like this is a a change that makes a change and and I'm not going to support this council member Fletcher um I'd like to start um I do have some comments um i' I'd like to start off I have a question um for the representative the the attorney for for the property owner um um you know as I know this has been an ongoing thing you know I've learned a lot about settlement agreements here in the last year and a half um and I would like to commend um Dan and his staff for the amount of work um that has went into putting this together it's it's you know I'm speaking to the residents really um you know it's it's their job to come up with the best solution possible and then you know hope that that the five of us can can improve it um my question is is during this process um there's cut enforcement action that's been continuing um so has the machine turned off why we've been negotiating this this agreement sir no it it hasn't turned so so the the operation has continued during the entire time that we're trying to reach an agreement with the city to to wave all of the fees and and and all of this stuff in this agreement yeah what what happened council member is as a result of the first mediation and I'm neither Dan or I can speak to the specifics that happen in rooms in mediation but at the end of the first mediation there was an agreement between the parties that they signed to agree to continue the mediation and as part of that there were terms that our client agreed to in order to secure the continuation of the mediation so some of that one of which was an immediate impact was that there would be no crushing on weekends it also um moved back the starting time of crushing during the days it immediately imposed the deciel requirement uh which would be a violation on us as of that which there's nothing that requires that that was all part of the agreement to continue the mediation so the hours not on the holidays no crushing on Saturday I'm trying to think what else was in that uh written agreement to continue but there wasn't a condition in there that said in order to continue mediation you have to stop because all operations for me you know if I'm trying to come up with an agreement you know th those piles have went from what they were to 20 times the size like you can't even see the operation anymore the piles are are so high um and then you know we we just annexed in lioke I believe phase two um and they were talking about um making sure that we take care of taxpayer money the amount of time that that City staff has put into this is absolutely unbelievable the the code enforcement files this big like if I ask for it they'll have to haul it down on my cart and and since we were in November we did go to the magistrate the code enforcement magistrate and there was an order entered and so that's one of the things that ends up getting resolved globally this is almost a global settlement not only does it resolve any potential litigation arising from last November's decision it also solves any disputes that the parties have arising from the code enforcement magistrate entered an order I think maybe in uh January or February I forget the date February so February so it resolves that it ends up our client waves any claims potential claims against the city and while I I understand I represent neighbors and really coming out of a mediation this is what representing neighbors I would look for is hey are the hours getting kicked back they are on the new location there's no crushing on Saturday the comment about well you're going to see the piles no wall can hide the piles these piles at the new location are not going to be up by the the roadside they're back on the rear middle part of the property and the building is out on the roadside that's part of the the site development plan they have to come in and get a site development plan reviewed and approved by staff in the city there will be a wall uh within I think it's within 60 days of the city council's approval of the annexation and rezoning and land use change they have to submit for the building permit to build a wall along Parcels four and five so that's coming right out of the gate those sort of what I would say mitigation measures are going in into effect at the new location so um you know really when you look at it and I'm not here to predict sides and where Things fall down but the neighbors and I've represented them they view it as last November they won and I understand this board decided to deny our application as it was submitted then but there's the Poss ility the magistrate during the hearing it's an evident hearing Mr maneras gets to cross-examine people I get to cross-examine people it's like a Min trial the magistrate could recommend to you all that that denial back in November was unreasonable you should let him do it on parcel one how we propose or she could say are we here to argue this of what may happen well I'm I'm helping to that tell me what might happen in the next St I'm saying that I think we we know that I think we should know that well if if people go to court and I don't want to go to court I don't either but I've had to but I understand the neighbor view that it ended last November but that's not where it ends they would have had a right to challenge the approval just like my client had a right and we didn't March into court we went into a alternative dispute resolution process that allowed the parties to mediate and really this is a solution no court could order this solution and the court is either going to say it's on parcel one or it's not on parcel one which when I listen to all these neighbors last November they don't want any of it on parcel one so we've listened to that and we've also created an entire PID um for the entire area no worries um I I'm just going to make one final comment um I appreciate the comments uh from the citizens I know you pay city taxes and in this case I'd like to take your taxes and take their them to court so I'll be voting know on this Mr Gilbert can I ask you some questions sir while you're up here please Lo over oh I'm sorry sure uh so my understanding is you feel that we should accept you're going to follow future compliance and rules but you haven't for three years well I guess I would say a few things on that that one the settlement agreement if you've read it I if we violate the terms there's actually a prevailing party fee provision in there so but you haven't paid fees so why do you think well I'm saying if you're a bad actor today what makes you a good actor tomorrow well and here's one example council member I was called while after I broke my wrist and I was on vacation with my family I received an email two emails from Mr manzer saying your client is operating the crusher on Saturday they're not supposed to do that I immediately responded to Mr mans I immediately called my client while at Universal Studios with my family and kids and I immediately got confirmation that no such operation has been taking place what had been taking place is that a front loader was out there moving dirt which was allowed so I understand yes the facility has operated and under the the guys that there's not a permit so that's technically a violation and there's code enforcement but we've abided by all these mediated restrictions in the interim before we came here this evening so I think we actually are abiding by it I think the project if it were approved the overall pod would be a huge win and I appreciate you abiding by it since this compliance and I'm sorry that you had to go on vacation but in your profession and mine we get calls on Saturdays Sundays nights and all the time so I certainly do appreciate it I don't know why that was calls made they may have been just a little unhinged by the non-compliance for so long that they heard something they said said here we go I just I I can't assume that but you can understand their complaints and I don't know who made it but I I understand I understand why they do that they don't know the difference between this or that or the other so I I give you credit on that for sure sir I understand but we were very responsive to it to confirm that it wasn't happening and it turned out that we weren't violating the mediated uh continuation terms we're in full compliance we're in full compliance with those as we sit here today to my knowledge Ides operating without a permit and again that's not one of the mediated terms in fact the mediated terms allow us to continue to do that and try to expedite our relocation to parsel floor okay when you have uh trucks coming and going all hours of operations uh and it's been going on for years illegally how is it going to just stop or how do we trust it's just going to stop once we do this and you're going to comply the rest of the your time at this facility Well one one I'm not aware of trucks coming at all hours of the day the only operations out there that are 24 hours are the existing cement plants Oh I thought there's a trucking uh company there Mr Wright's Trucking facility is allowed under the okay County zoning yeah that's in the county it's approved as a permitted use in the county thank you those are the questions I have I I don't have know the law as well as you and Dan so I just just had to ask that question by the way I have a facility that's next to a Rock crushing company um that I own and we have to wash our cars daily it just happens and I'm just saying that's the experience I have exactly not not a lawyer so in mediation when instead of uh toning this operation down you ramped it up uh that would not be in my view an accurate statement we reduce the hours we committed to restricted hours we restricted the hours that they could crush Rock Crush so no weekends we reduced when they could start while the facility opens at 7 the crushing we agreed to couldn't start till 8: in the morning that's the discrepancy in the PowerPoint so we actually imposed additional restrictions above and beyond what was even before you last November okay so you added more material because the Mounds are you know not quite Mount Everest but they're they're up there so you so you added more material during the mediation but you slow down operations yeah so the piles I can explain I in fact I even mentioned it to Mr manzer about it is again looking at the settlement agreement it provides a window in which for our the operator get over to parcel 4 and so in order to facilitate getting and then it has a time frame for the materials to disappear so to expedite the removal of those materials although it allows us to go past the 60-day relocation time frame if we needed to the operator has because what the piles are are dirt it's not the crushing crushed it's the byproduct of that so they've Ed putting a focus on hey we're going to crush the concrete now so if the settlement agreement gets approved the relocation is is as seamless and as quick as possible and so those materials can get off of parcel one as quick as possible so that's the reason for that good and and I'll check that off because that was one of my questions so so thank so thank you and one other thing on that is once they relocate under that time frame they can't add any materials to parcel one so they can't operate on parcel 4 and truck it over to parcel one and dump it that can't happen and I get all that and I've read this um settlement a couple times and really studied it because I've been through settlements being a business owner of multiple companies so I've been a mediation to multiple companies uh and I thought it was a pretty good written settlement and could be agreed upon pretty well but my underlying issue is why would we have faith that this new agreement is going to be operated on a basis with good acting well I I think that and I'll let Mr Wright speak in a moment okay I think one you've seen that since the meeting in November not only have Mr Wright and I in working to negotiate this agreement we've shown that good faith and dedication to getting it done we're agreeing to bring in the additional property we're agreeing to an entire plan development process which has to come back before this board you're not approving actually anything this evening you're approving the settlement if we come back and we have 30 days to submit and then that has to go to the plan board MH and it comes back to you all if you all decide at that time you're going to deny that annexation rezoning and L use then the settlement agreement is null and void and we're back to where we are now that that was a great answer because that was that was another question I was going to ask and that was a great answer so this is not a decision for it to be final this is a decision to move forward with the settlement correct that's correct and and there's reason for that yeah but follow we couldn't approve some of the final approvals that will be needed for the operation and the entire five Parcels to be developed require public hearings public notice Planning Commission stuff review of the staff de all that the regular process that you run into from a development perspective and at every step the council it comes in front of the council the council has the at that time would have the option of agreeing or not agreeing with whatever to present and and everybody that's required to get notice will get notice thank you and Dan I appreciate you saying that I wanted that to go on record so these citizens that come here and spend their time to cons give us their concerns they understand this is not a done deal I just want them to know that and this is noted on record this is just trying to get through to a settlement to move forward again I know that been in business you try to like you said you don't split the baby but you don't throw out the uh the Water the dirty water with a baby either try to settle it and get it done nobody usually is happy at the end of a mediation and a settlement agreement both parties get that we I think and I'm I'm speaking for myself would like to see this resolved we really would but we just me I'm say we just have this little bit of five years from now different fines regulations you decide hey we got away with it we're going to start moving stuff to parcel one we're and then we come in and say Hey you we get fine and you say find me it's cost of doing business yeah I and I'm gonna let Mr wght address that because he's the underlying property owner so it affects him directly but I can stand before you and say if that were the end goal this much time effort and money would not have been put into this because those fines end up becoming leans on property they have real potential effects or they do become come nothing and they get wested away if you wait it long enough it they become nothing and they get negotiated away in mediation just as you spoke of earlier so a fine is not a fine until it's paid well I think it's a notice of payment of a fine there's two different things I think the goal there and this was the thought process is really the that fine money is being allocated to ensuring that the wall goes in right the I get what I get mediation so appreciate the questions I I understand the mediation part I'm just saying this is The Angst that I feel I think it's a great settlement agreement I think it's both parties work great on it I just don't want and I probably won't be here or me in the future the same thing goes on and the same fine goes on and we what's wait out we negotiate them and get them dropped that's just a personal feeling I thought the settlement agreement I've read it twice i' reread it you know it looked like both parties were working on a resolution I really thought so I just have a this pit in my stomach that we this will happen again in a few years yeah I think the P conditions which will come before you all will give you the comfort that that's not going to happen in parcel for but I do want to let Randy have an opportunity to speak he's again he's he's local he's here and this is his property and I think you can he Mr wght would you like to speak thank you for answering my question sir I mean the biggest thing I want to address is some of you that came in here knew think I'm getting the feeling that you think I just started this operation all by myself with nobody's approval and that's not the way it happened we came into your office down here and we were told that because it's a mobile Crusher everything contiguous to it is already industrial we're okay to get started it would be a 4-we process to be approved that's why we started what we're doing I didn't just go in there and say hey I'm going to do this and and make everybody mad I mean I I residents I apologize y'all don't know me but when I say I'm going to do something I'll do it I I I don't like how ugly that fac facility is we we want to make that facility look better but I I don't have a permit to do that and and as far as the fines we were told that we weren't going to get fined by by code and for that's one of the reason I'm F could I see those on paper because you said somebody told you there you know here say to me this doesn't work and then you said you you want to comply and you want to do these things but the your man was JD Anderson that work for y'all no I paper you know I'm paper now you're being fun now no if if that that that wouldn't happen that was not that wouldn't happen they wouldn't get it so was a verbal agreement didn't ask it for in writing because I thought I could trust your employees but I now found out that y'all aren't held liable to what your employees say or do I know where we grow up probably similar ages and stuff and a handshake was a a good deal uh every agreement I have now every agreement I've had in the last 25 years has to be on paper yes to avoid this he said she said stuff what I we used to rate stuff on napkins I'm third generation from Isa County my father and my grandfather before me they did handshakes they were good business I did too before and it it was it was the way things was but you're right it's a whole different world but than you you have anything else add no sir all right Mr Irving oh you're lights side on now are you I I don't have anything else add um you know Mr Wright I you have a beautiful piece of property uh I'm certainly love the fact that we live in a country where you can buy land develop land and make a profit off that land uh I'm certainly want you to be able to uh get the max amount of uh profit that you can from that property however uh you can't just walk into an office here get a verbal approval and walk away and say well I can go ahead with with it we we wouldn't be here today I don't think had this gone through the right approval process brought before the council been uh been voted on uh had they understood that and you know there's no need for me just to rehashing what's been said here but it's very frustrating that uh you know here we are trying to work out an some kind of compromise and and approval but the condition that the site have just has simply gotten worse than it was when we first started and so um you know building a wall moving it over several hundred feet to another piece of property is not going to mitigate the dust the dust is still a huge problem filling up people's swimming pools landing on people's cars making it hard for people who have breathing conditions to breathe and that's not going to change that a matter of fact we're going to now be sending dust to a greater degree over into another development and uh we're going to have another room full of very upset people if if that were approved so personally I uh I I'm not going to be able to vote to approve this uh agreement myself Miss maeni council member Mai motion to deny we have a motion to deny do I have a second second I have a second council member Fletcher motion from M for toi M cler you please call the role council member Fletcher I Deputy Mayor Mai hi council member Urban hi council member Gilbert nay mayor Blackwell did you vote nay on the yes you're voting against the motion yes for denial yes okay I make sure you were clear on that I vote Yes motion carries 41 thank you I guess we'll see you in court in court thank you okay that's fine brings us to item number three discussion and possible action regarding the request for a reduction of lean for code enforcement case 2024 69 the property address for this case is 500 Pennsylvania Avenue St Cloud Florida thank you we uh this a request for reduction of a uh of an existing code enforcement matter uh you've been provided information the way the process works on this is the applicant makes a request for the to the city to reduce any existing leans the property is in compliance this property involved as I recall some uh weeds and grass that would had gotten in violation of city code as well as a pool that was uh wasn't appropriately maintained the fines accured to $59,750 123 the property is currently in compliance uh and uh the city as it says on the screen the city manager reviewed the request from the property owner and uh the city staff is recommending that the a reduction to $621 18.92% is anyone in the audience that wants to speak to this item Council memberi while discussion motion by Council Council memberi thank you um when council member um Trace was here we went through an audit of our Code Enforcement cases if you recall mayor because we were like let's not let them get to 50,000 100,000 200 before we do anything with it so we've had several large Code Enforcement cases lately I would just like to ask if staff could just do another audit and you know like see if there's a way we can resolve these before they get you know so High um so well what well you could R notify them because a lot of times they come in and they're like well I got a notification that I had the car with a broken down tag and I didn't you know they say they didn't know but at least we could R notify them hey you have an active case and you know currently you're code enforcement fine is $59,750 yeah about $280 I think I think we brought this up before um I'd like to is there a way to look at that that process because $28 it just seems like that's low so under the code under the law the city's entitled to recover administrative costs associated with the proceeding you're not you're not allowed to recover as part of the cost analysis the law doesn't authorize paying for the time of the Code Enforcement Officers or attorney's fees or it basically talks it it's almost like court costs you know the the ability to put putting together statements of violation doing the mailings doing that kind of stuff that's what the law only allows so when when you talk about the when you ask the question about the costs then uh then that's that's where that $200 figure comes from that that the costs that were ordered by the special magistrate in the reduction of fine position which we've talked about before you know there there are certain stip there are certain legal requirements related to reduction of f the fine at the end of the day has to be has to F fall into three categories has to follow the the the seriousness of the violation whether the respondent has any other previous violations related to their property and and the cooperation of it so if um if staff I'm I'm in favor of doing this because it's you know it's already been taken care of in a new property owner um if staff could send me that information pertaining to the cost and stuff yeah certainly and all that stuff we certainly can do that we've done that in the past and we've had it the one thing I always talk about go eacha when you look at each case each case has to be looked at individually so so at times we've talked to the the council has asked well can't we just set a set formula for everything and you really can't because you have to look at each case individually the only thing I'd ask in this item is it says 30 days but we'd ask that you pick a date of it also if you're going to approve it today that you put um you know August 18th in as a payment date it's easier it's easier to do that than to try to calculate the 30 days counc M Gilbert yeah so uh when this code enforcement goes on and someone goes to purchase that home are they now responsible for the $60,000 it depends on where the process is right and and if a lean is in place which in case this case it is then that lean then the new owner the new owner property has with any other lean on the property unless that lean is satisfied at the closing table then the lean uh the lean goes to the new owner okay so the um Renee Boral and M Boral are they were the past owners uh they're current owners they're the current owners they're the current owners right okay so Rene's brother sold her the property and then she's getting reduced I I'm not sure of that I'm I'm not either but just that's one of those things you say hey I got this lean you buy the house you can get rid of it and we can super supervent the system I'm trying to pull up the agenda item and I I can't get I can't get it open good catch if that's the case I'd like to continue it I don't I don't know but it looked like to me when I read it in my agenda review it was mentioned that something about previous owners but when I read the backup it sounds like like a grandparent bought it and the granddaughter ran up the um code enforcement and then they're it's the same owner so it wasn't like it followed through like I was buying a piece of property in stcloud and it had $50,000 worth of code enforcement and I was like well I'm not buying it unless you deal with that I don't think this went through a closing like when I read it Tisha do you do you have the information I I I don't mean to call you up if you don't no it's okay sounds like we should continue it it is in compliance though that's correct the property is in compliance I mean the ultimate goal compliance right and recovering City cost so if they were thinking about it after you had said that you know it kind of and if I may the reduction to $621 18.92% reducing them down either but if they were able to get it all the way to compliance and they continue to main it maintain it then and and and again the the request from the current property owner was they offered $597 so they've already agreed that I believe that they would pay the the $621 that was recommended by the city manager so they're going to pay the the fine and yeah I think it was they offered 10% and then our counter was 10% Plus plus costs which that's that number I'm fine with it but if yall want to figure out I can continue it too I just want to figure out how they could sell a property that has this lean on it and get away with it without having to the seller would tell if I same way if I'm buying it from you you no are you satisfied with the money I pay you for the house well then maybe they didn't do title work maybe they're a bad negotiator or or maybe they wrote it over to the cousin Annie the typical scenario that we see is it's twofold the property they acquire the property the buyer acquires a property without getting Title Insurance in which case the lean does or the other one is they acquire it for a tax certificate or tax deed and then again the Leen stays on it and then Tisha has definitive answers I can tell by her face you're G to straighten us out a little thing so the um previous owner um was Bell and the current owner is Gonzalez so I do not know if there's any relation um but the previous owner was barell and the new owner is now Gonzalez so and I if I could maybe again this we can continue if you want to confirm this but it looks like from the request from Burell that a closing has taken place and Burell has been charged with cleaning this piece up because the request came from the prior owner and as Tisha just pointed out there is a new owner so sometimes when you have these closings happening you know the the closing is basically done in escro and the funds all sit there waiting for leans to get re get taken care of so it looks like that's why the request came from brell and that's probably why they're willing to spend this much money because they've had a transaction where they're selling so it is sold or it has the lean has to be satisfied until it's sold what'll but they they will do what a lot of times they'll do what's called closing in escrow where all the funds are paid the property owner is is the property owner changes hands like uh Tisha did and then the money associated with the transaction is held in escrow until certain loose ends are tied up for the closing so if we were to deny this that would go back on the seller in the buyer to make an agreement how this gets taken care of there there probably would be some future negotiations between those two parties okay that sounds fair to me but again I would I would you know I I think Ked this is a this is a fair amount of money for the type of violations that were in place here yeah and I agree with that but we set codes and we set violations and we set dollars to set standards and when these standards keep getting depleted then what is a standard well Mr Gilbert I mean that's why I was suggesting um we go through our list again because I know that was something council member Trace had suggested was like let's not let them get to $60,000 you know because it hasn't happened recently but they do come and they say oh I had this this thing and I fixed it and they didn't realize then you have to make that call back to like clear it you know and and so I just think it would be nice if we could maybe say anything 50,000 or more like we send out letters just so that can also be in the file like we've notified them 10 times that they had this outstanding issue and they've ignored it right and every time additional violation and price goes on there should be a letter with it you just went up 10% or you went up 15% I think daily and it should be notified I guess my stance on codes and standards are not to be sitting here every time and reduction reduction reduction reduction because folks watching this know that folks selling this house and the folks buying that house know that councilman Fletcher oh sorry mayor motion to approve second from the mayor Madam CL call the rooll with the July I mean an August 18th payment date August 18th payment date is that is that a weekday I don't even know okay so it'll be the next weekday after that just hold on I'll look on the calendar yeah a so August 19th 19th so payable by August 19th thank you m clerk please call the RO Deputy Mayor Mai I council member Urban I council member Gilbert nay council member Fletcher I mayor Blackwell I motion carries 41 the next uh three items are ordinances before the council for first reading and introduction for the sole purpose of the council to authorize the publication of the ordinance for a final hearing we will not take final action on these items full presentations and public input on the ordinances will occur at the final hearing at which the council will consider final action is that correct yes that's correct I did all right I did good great good all right Madam CLA you please read uh the item number four first reading and introduction for ordinance number 202 24-42 an ordinance of the city council of the city of St Cloud Florida an or assigning a future land use designation HDR high density residential to approximately plus minus 0.76 Acres identified as 17th Street property located at the corner of Michigan Street between 17th Street and Russell Street 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 do I have a motion for the approval of the first reading m approved we have a motion from council member Fletcher do I have a second second second council member Urban Madam clerk council member Urban I council member Gilbert hi council member Fletcher hi Deputy Mayor Mai hi mayor Blackwell hi motion carries 5 Z Item number five first reading and introduction for ordinance number 202443 and ordinance of the city council of the city of St Cloud Florida providing for the zoning Amendment of the zoning map of land development code of the city of St Cloud Florida specifically changing the zoning designation of approximately plus minus 0.76 Acres identified as 17th Street from R2 single and two family dwelling zoning designation to R4 multifam dwelling zoning designation with a high density resdential future land use designation adopted by ordinance number 2023 d42 generally located at McKay Street north of 10th Street and south of Fifth Street providing for entering the designation on the official zoning map filing of the Planning Commission recommendation and proof of publication applicability and effect severability copies on file and effective date do I have a motion for the adoption of this first reading of ordinance number 202443 motion to approve we have a motion from council member Urban have a second from the mayor Madam clerk please call the RO council member gilbertt I council member Fletcher I Deputy Mayor maeni I council member Urban I mayor Blackwell I motion carries 5 Z and could you please read item number six first reading an introduction for ordinance number 20 24- 46 an ordinance of the city council of the city of St Cloud Florida assigning a zoning District of PUD compatible with a MDR future land use designation change adopted by ordinance number 2024 45 for approximately 1782 26 Acres identified as live O Lake located south of East erlo Bronson Memorial Highway West of Nova Road East of mossi Vine AV providing for entering the designation on the official zoning map providing for approval of the preliminary master plan filing the Planning Commission recommendation andove of publication severability and effective date could I have a motion for the adoption of ordinance 2024 46 motion to approve we have a motion for approval from council member Fletcher do I have a second second and a second council member Gilbert M CL council member Fletcher hi Deputy Mayor Mai hi council member Urban hi council member Gilbert I mayor Blackwell hi motion carries 5 z Mr mener I do not have anything Mr Mary thank you city manager Miller I have quite a few things I'll try to go as fast as I can all right oh I'll I'll start with the the easy things first um our lifeguards passed an unannounced skills audit by our audit company Star Guide Elite the audit looks at their the audit looks at their performance on The Lifeguard stands and during simulated first aid and life-saving scenarios congratulations to them on a job well done um thank you for coming to the station 34 uncoupling ceremony also AKA ribbon cutting ceremony and grand opening um we're really excited to be able to um improve our service on the east side of town we are starting a City Podcast in our Communications Department so employees are currently submitting sub suggestions for the name of the podcast um the plan is it's going to air twice monthly to start and it's going to cover a variety of City topics including construction updates hot topics and events um Chief Thompson Lisa Thompson in the fire department she is has worked for the city um for 30 years beginning in the finance department ending in the fire department many of you may know her she was um she was spearheading the the Christmas toy drive that the fire department did every year she had fundraisers golf tournaments um you know I she she used to be very involved with pink heels I think she's still on the board um she is retiring at the end of the month um so we're very sorry to see her go she's made such a positive impact on St Cloud um so I'm going to forward you all a invitation to her retirement party um which is going to be on July 31st I think we're trying to convince her to come to the council to get her her her watch but I I don't think she'll come but um she's really done a lot for St Cloud so we really appreciate her so at least maybe she will hear everything that I just said uh 10th Street middlex is going to start constru contion on Monday August 5th and we do have a CEI as requested uh consor on this project so we have a pre-construction meeting next week but after that we'll start letting people know the details um and so we're excited that that will be done soon um just wanted to give you an update our solid waste and storm water fees are going up October first as planned um so the storm water is going to go up 25 cents up to 12260 each residential unit and then um for solid waste um the proposed collection fees is going to go from 2542 to 2828 transfer station fees will also be going up 7265 to 7540 and the um the impact fees for their bins are also going up just wanted to make the council aware and that's that happens every October first with an automatic escalation okay now I am going to I think I have a copy for you pass out this letter um the the captain Stitch's boat on the lake we've had a lot of conversations we have a we have a franchise agreement things are going good there's been this conversation all along um where we were concerned if it required a permit from DP um I have with councilman Fletcher and with um Captain Stitch called D and we never truly get a a solid answer um so the city did ask our environmental consultant if what he thought if it needed a permit and he he does not believe it does so I'm going to be giving Captain Stitch this letter I just wanted to make all of the council aware that basically we're telling telling him that you know our our consultant didn't think that a permit was needed but if D comes forward and says a permit is needed he's going to still per the contract have to move forward and immediately handle that so I wanted to make the council aware of that um second I think oh I'm supposed to pass this I'm sorry that's okay did you read did you read it you read all five all five um secondly um originally Captain Stitch had spoken with um Mr maneras and I that he was going to be operating a trolley to get his customers from downtown St Cloud to the lakefront um he has uh I guess successfully worked with some of the downtown businesses to sponsor him allowing him that um beginning in August he will be running the trolley to designated stops um on a designated route one of them is our parking lot um on 10th Street the lakefront and some other designated spots highlighting the businesses that are sponsoring him and um he's doing that on Saturday nights and for special events so uh upon discussion with uh Mr manzer a franchise agreement would be needed for that scenario and so I'd like to get council's um Authority or approval that you would like for me to negotiate with him him to operate that that trolley um can we just have a consensus among the council that we give you the authority to to negotiate that is there any objections from the council okay thank you get with we will return with that um see I went really fast thank you very much Mr Fletcher counil Fletcher um going try to make this real quick um I just want to say thank you to everybody um the fire chief um we got to open the fire station today and that that that was a a great experience I'm sure that the the the residents in that area U will be happy that um our our service times um will be reduced and super excited about that um Moving On Again with Public Safety had the opportunity to go to the uh water gun battles Showdown squirt gun battle um with Trooper Steve and the chief um that that was a lot of fun I it's the the favorite part of this job is is interacting with with the community um and then just one final item real quick um I know that we had directed staff to take a look at um if there was any properties um in the in the CRA or or at Lakefront um to bring those to our attention um one of the items um or one of the properties that came up um was the property of Ohio um in Lake Shore um is available so I didn't know where I know there's a lot of you know property purchases and stuff going on I just wanted to let Council know that that is available if you don't drive that Corridor and and kind of get some some feedback whether we should look at it should not look at it if I if I could add in um so we did go back and and look at um the meeting so there there I think there may be uh some confusion on my part staff's part on what exactly the consensus was um there was a um a comment made by councilman Urban that that said um we should look at every vacant property in the downtown and the lakefront um but I didn't catch that from everyone so I didn't take that as consensus I um so I'd really like to know in addition to councilman Fletcher's question is do you want a us actively looking at any vacant property because you know we have that list of properties and and you know we would work on that um we are funding is obviously an issue we we we we don't have lots of um opportunities for funding but councilman Fletcher did ask me to find out how much was a available in Parks impact fees that could help us purchase this lot um and currently we have approximately 4.9 million now please remember that's also going to be used for some other Park projects that we have ongoing although I do understand the value of land um it's vacant right now it's cheaper while it's vacant um so just wanted to add that additional thank you um for for that clarification then you know taking into consideration you know draft future Lightnings maps and things that that nature looking into the future uh that was the only reason that I brought it up but if the council has no interest in it then I just just want to let you guys know it's the only time we can talk done yes C you have your line yeah I I mean I guess I feel like this is just the normal course of business the city should be looking around at vacant properties and looking at your master plans and looking at opportunity I mean I brought this up years and years ago right and I was like do we not have someone assigned to be watching the real estate and keeping an eye on it and I thought when I talked to you last um city manager I thought we were maybe getting some help with that like did you tell me that we were getting some real estate help but yeah I'm like yeah absolutely everybody should be looking at property and then we should be putting our thinking gaps on and like hey we could use it for this I mean that's how we got the Virginia Park was an opportunity came up and then um at the time some council members were not supporting it um no one up here some council members are not supporting it because they're like well it's not in the master plan I'm like well the master plan's an idea it's not if you don't have the the land I mean you know so then we made it a neighborhood park and it's wildly successful so I think yeah absolutely we need to be looking for it I mean I don't feel like you need direction from us on that that's literally the same exact scenario um um the property was presented to the city uh Parks and Rec looked at their master plan and determined that it wasn't in the master plan and they weren't interested in the property so it's literally the same exact scenario well I think whoever looked at it from the parks with the master plan maybe you should have a little chat about how the master plan's an idea you know and if the land isn't available you know you you got to be flexible with that but um my thought I'll tell you a little bit kind of how it happened real quick um is is so I drove by and I was like oh I'm interested in how this is would be good for the city so I called and the and the resident said well I reached out to the city 3 weeks ago and they told me that i' they don't want it and I was like what so then that's when I got with with the city manager I think um yeah so that's it to your point I I would be interested in that property and yes I still am uh I I think um our lak front especially is uh our that's the gym of the city that's what I think we should be pursuing any any vacant lot that comes up at the lakefront so I would second uh Mr Fletcher's uh desire for for that property but just uh just my thoughts I don't know the particulars of the prop property could you like put something together and send it to us all 34 Acres um at the corner of Ohio in in Lake Shore um the side yes yes um well I I don't I'm not making a decision here personally I'd like to see it make make a suggestion well we can we can go back to the it looks like there's consensus so um and I I believe there's consensus basically for every vacant property that we should be pursuing it and then maybe maybe work on well and then see the price and come back to the council um so we we'll go ahead and do that with with um so we will potentially make an offer contingent on council's approval um for the property and then you would get to see the whole thing all right and I'm um just to clarify so now I know that's for allive Lake Shore do you do you feel that way about downtown because that was mentioned during that meeting but I yes downtown also okay thank you just long as it comes back before so we can consider it council member Urban uh I don't have anything thank you cini I've done enough Destruction for today I'm done Council M Gilbert I just did a uh thanks uh to uh Doug that was I was a little sore the next day but what a beautiful Community engagement that your department went through and it's better that kids know the police department at young age versus at an older age so thank you for for doing that and than and then thank you Jason for a wonderful turnaround on 34 even with all the issues we broke ground a year ago we're operating today great job my friend thank you oh I'll be on vacation next week so call me I won't answer Mr monzer sir I dropped the ball when we were on our consent agenda and item number o were talks about amending the procurement policy had set a it had set a maximum of $75,000 that the city manager could approve up 275 without uh having to bring before the council I'd like to see that increased to 100,000 can we do that now yes and I'm I'm sorry I should have said yes first and then had my Roberts Rules of Order chip in my brain start thinking uh afterwards so yes you can uh there was no comment on public at the on the consent agend so no public came in and de de it you can revisit a motion before the conclusion of an existing hearing so you can do that so um if that's all it would take would basically be uh you know basically an amended motion to increase that to is 100 the number we want I mean I know at the county it's 150 I think it should be 150 so I mean it's whatever the city manager is comfortable with because here names on it well and we've had this discussion before because the you are putting you set the authority level but that doesn't mean the city manager has to approve everything if she's not comfortable with what it is then she's going to bring it back in front of you to deal with it well I'm just meaning you know it's just you sign you sign 100 of them at 150 that's different than a 100 of them at 50 you know just like you're but I'm fine with 150 if if the city manager is comfortable with that I'm okay with it I might ease up to it so who made the motion on the consent agenda me who and the second on the consent was gber Fletcher and then Fletcher oh wait sorry that's and Fletcher sorry okay so technically what would happen is councilwoman methen would basically offer withdraw her motion as related to item o Mr Gilbert if you would agree to that then you'd ask for a new motion oh I'm sorry Mr FL you guys look alike I'm sorry absolutely twins so can I ask for a motion for approval with this amended amount I need to withdraw it so what you would do is you have M would withdraw her motion that's been proved and as long as Mr Fletcher agrees with it then that motion is now off the table and then and we'd ask for a new motion only as to item o all right Council maeni would you agree to withdrawing your motion yes Council Fletcher would you agree to withdraw on your second I suppose thank you no suppose won't work it's got yes so then it's withdrawn so then we would need a new motion all right I need a new motion with an amendment I I'll make a new motion to approve item o of the consent agenda adjusting the amount the city manager can execute up to $150,000 and could I have a second second I would like to ask the clerk if you will call the roll again Deputy Mayor maeni I council member Urban I council member Gilbert hi council member Fletcher hi mayor Blackwell I motion carries 5 Z all right thank you all you guys did I not I do not have anything new to add which brings me to the upcoming events and information section Monday August the 5th uh 2024 there will be a City Council budget workshop at 3 P.M here at City Hall council chambers Thursday August the 8th there will be a city council meeting at 6:30 p.m. in City Hall council chambers also Tuesday August the 20th there will be a city primary election polls open from 7:00 a till 7 p.m. uh August the 27th is my birthday I'm sorry U Saturday July the 20th uh we will be having a semi birthday celebration at caner Park and uh that will be at 10: a. to 1 p.m. and uh warrant list number 10 is available for your review Tre the tree advisory committee minutes for May 2024 have been approved are available also for your review with that there are no other items on our agenda we will be adjourned thank you for participating in your city government