for for this but we're blessed and important good evening everyone I'm going to call this meeting to order for Sebring City Council on Tuesday May 21st 2024 if you all stand with me the mayor's going to say the prayer and pledge by with me Lord thank you once again for a wonderful day thank you for the city that we live in thank you for the staff that we have that keeps the city going like it is we ask that you watch over all our citizens as we go into the summer season and protect them and guide them through all the issues that we have we ask that you watch out for everybody and that all we do we do in your name Jesus Christ amen am pledge Al to the flag of the United States of America and to the Republic for which it stands one nation God indivisible with liy and justice for all all right Miss Haley can you call the role please sir mayor sh here car yes Cy here mle here Stewart here Bishop here all right next if anyone from the audience has anything to discuss that is not on the agenda if you could fill out one of the forms on the table there up front and hand it in to clerk Haley we'll get to it at the proper time um next up is mayor's report uh I got several things tonight uh since the last meeting we did have a community meeting with with the central Florida Regional planning Council thank to miss barnby for hosting us on that at a good attendance had 40 people maybe I don't little over 50 a little over 50 people showed up so it's really really kind of neat to see that and kind of review the comp plan and go through that um we had uh the chamber banquet uh did a great job it was packed this time uh just was really good we did have uh an unfortunate incident in Lake Jackson I'm sure you all had heard and and we lost a young man uh from aula uh in a boating accident or a drowning accident that we had but we had a great response um from the cities and I just this I'm going to just list people our our departments that had got out there immediately was our city receiving fire department and police department the Florida Wildlife Commission po County Sheriff's Office Frost Pro fire Highland County Sheriff's Office bobas came and Greg Griffin both had drones that flew over and and tried to find this young man and it took took a well over a day um and it's just an unfortunate event but that's kind of what the water safety we did have some uh people from the public that also did participate and helped out so we just have to be careful um when you're on the water um it is a dangerous thing um and we feel um sorry and pray for the family of the young man that life was taken couple upcoming things we had the C Service say Memorial Day event is Monday at 2 p.m. so if yall want to come they do a great job with that um it only rained once that's all I got blamed for so and then also on the 15th is juneth adah McGowan's putting on another good program for that I do have is someone from the um TDC here besides you do have a proclamation we just want to Proclaim uh National travel and tourism week and we I Proclaim that May 5 19th through the 21st is National travel and tourism week in Highlands County and call for this observance to the attention of all our citizens so got a lot of Tourism we're going I think we're going to have a lot of Tourism coming up with uh the events that's been happening over the last four months which most of you know about HGTV in town this is their final week and planning to air sometime in the first half of next year so it uh should be good I have one other big event that I need to announce here and it's kind of this one of this LoveHate relationships that we do we love the guy we want him to stick around he's going to go off efficient for the rest of his life I think but uh Shan Buford is retiring from the city of evening Police Department so Sean if you'd come up with your family to the [Music] podium we have a proclamation for your service there he is all right whereas Shawn Buford began his career with the siing police department as a police officer in February 2005 and whereas sha Buford was promoted to the rank of Corporal in 2018 and whereas Shawn Buford was promoted to the rank of Sergeant in 20121 and whereas Shan has served a citizens of the city of Sebring in his department for over 19 years with honor and distinction and whereas sha Buford has retired from his position as sergeant on May 20th 24 now therefore be it resolved that the mayor City Clerk and members of the city council of the city of receiving do hereby convey their sincere appreciation for the years of dedicated Public Service render to the city and its citizen Sean thank you for everything that you've done this man's a lifesaver he's done put his life on the line for us and he's also saved our citizens lives and we really appreciate a good friend also really sad to see you leave the department so as long you stick around see and we're okay so Department we got some staff here I certainly want to thank Sean for his years of dedication and service um the the stories we could tell we could keep everybody here for hours U we won't do that to him or to you sh we wish you to well wish you well in the future we hate to see you go we hope you stay close come by don't be a stranger and please be safe live retirement to its fullest thank you so much for everything thank you um just want to say it's been an honor and privilege to serve the people and citizens of Sebring and um I'm quite sure the department is in good hands thank you very good thank you guess isn't going to do that Carl have Carl present I thought Carl was going to present that do you want to do the [Music] I apologize I thought I was getting to leave [Music] also mayor council and staff good evening item 6B for your consideration is the request to present Sergeant retired Sergeant Shawn Buford with his commemorative Service Awards uh as as we frequently do for retired officers we present them with the a uniform a badge their service handgun and a retired officer ID card as outlined in Florida statute 112 1993 um toward that goal I would ask that you approve the request as presented and authorize the department to purchase a replacement gun since we can't seem to keep him hostage and prevent him from retiring entertain a motion I'll make a motion to approve the request to declare Sergeant Shan Buford service handgun as Surplus that he may be presented to him with a uniform badge and re retirement officer identification card and off authorize the purchase of a new firearm second that Missy second I'm sorry Terry car yes H yes mle yes Stewart yes yes thank thank you Carl thanks Carl all right next up is Council Members comments Mr Carlo well I kind of disagree with the mayor on that meeting we had tonight I wanted more people to be there you know I'd like to have seen a lot more people and I'd like to see more pastors we had one Pastor you know and I'd just like to see more people show up comprehensive plan that's what we're planning for the next years in seing and I just would like to see more people that's the most we've had since we've been under for I know it is we've improved it but I like see it more I just wanted to complain a little bit I'll take it you're not the first that's all I have Miss mle uh good evening um I wanted to comment again on the death of Omar at our Lake Jackson and what a tragedy that was and uh I live right in the vicinity where they were searching for the body and and we were praying for a good outcome and uh I was so proud of the city's response closing off the Veterans Beach for the family there were quite a few family there all night Saturday night into Sunday and um and uh kellyanne and Michael with water sports went and took them breakfast on Sunday morning uh the city was making sure the restrooms were clean and and U could accommodate a lot of people and uh everybody was very in prayer for the tragedy of this this uh young man so it it's nice to live in a caring community Community where we all took that very personally so that was so good to see and that the the boats were out there day and night until they found them all night and uh we watched and it was very sad and our condolences go out to the family thank you Josh I uh attended the planning and zoning board meeting last Tuesday uh which was probably the bulk of our new business this meeting um some pretty good stuff and some interesting things that we'll hear about tonight uh and that's pretty much it what out to the the golf course today I know this is don't want to step on Roland's toes um but I'm going to step on your toes for a little bit uh Fred's doing an awesome job at the golf course uh all of the the greens have been removed so we're working on uh finishing all of those up uh I think he said tomorrow we're going to start with the fumigation Pro process um is it tomorrow no tomorrow are the um uh I don't know golf I'm not a golfer I'm an accountant but we're making really good progress Fred says that we're we're on schedule for everything uh one of the very exciting things that's happening is this Saturday there is a popup disc golf tournament going on so that's something new that we're going to try to introduce and so far we got about 40 players signed up for Saturday they're coming all the way from Souther Lakeland Tampa Orlando Miami all over so there's some good excitement we'll see what happens with it so just heads up in the future that could be on future agendas um I think it's a great thing for the for the city to explore doesn't interfere at all with any of the golf gameplay it's just something that we could bring in uh additional revenue and more excitement more families over to the golf course um I agree with Fred I the mun is going to be one of the Premier golf courses in in Highlands County so he's doing a great job and appreciate all of his work and all the team's work over there at the golf course all right thank you I don't have anything to add so we'll key boxes I was looking for key boxes those are tomorrow t boxes T boxes for record leveling of the T boxes leveling of the T boxes see good team next up is a consent agenda any questions on the consent agenda I make a motion we approve the consent agenda as presented second okay Miss Haley pull the board car yes H yes mle yes Stewart yes Bishop yes all right we have no old business onto a string of public hearings um first up is item 10A public hearing and ordinance 1524 an applicant initiated request to vacate in Alleyway located at 228 North Ridgewood Drive I'll call the order the public hearing Mr Swain ordinance 15 uh sorry 1524 is on your agenda for second final reading it's entitled an ordinance vacating the alleyway lying between Lots one and excuse me lots 1 through 6 and lots 7 through 10 block 49 original town of Sebring lying in section 29 Township 34 South Range 29 East H County Florida and establishing an effective date this is to vacate the alleyway in the parking lot behind the old movia Bank building okay okay um any questions from the public no adjourn to public hearing any questions from councel no I make a motion that we approve ordinance 1524 on second final reading second Miss Aly car yes yes mle yes Stuart yes yes all right next up item 10B public hearing and ordinance number 1525 uh it's an applicate applicant initiated amendment to zoning map specifically changing the zoning designation at 339 Lemon Avenue Mr Swain uh proposed ordinance 1525 is on your agenda for first reading this evening and it's entitled an applicant initiated Amendment to the zoning map specifically changing the zoning designation for for a 0.45 acre parcel at 339 libon Avenue from commercial District C1 to plann development ped providing for separability providing for conflict and providing for an effective date all right and um the purpose of the public hearing is to receive public input um we have Miss barnby is going to present us some stuff to look at here yes thank you for the record Marissa barnby with the central Florida Regional planning Council the applicants representative is here as well um and she'll be able to answer any questions you may have of her uh next slide thank you so this property um that you can see U surrounded in yellow on the slide is located at 339 lemon F excuse me Avenue it is owned by iby Capital LLC um the request for the zoning change is to go from C1 commercial to plan development next um the property does include a existing twostory structure the intent is to redo the structure the upstairs portion has three single or has three multif family units on it the downstairs structure the applicant would like to convert into three additional multifam um units the reason this has to have a planned unit development change is under the future land use to get the intensity because it's such a small lot to get that level of intensity the the comprehensive plan requires it to get a plan unit development so that's why they're asking for this today um surrounding the property is a mixture of uses that include single family use next door the school that surrounds the backs side of it and some commercial properties um next side this is a picture showing the um front of the building including the the fenon yard area that they have next this shows the right of we that is directly adjacent to their uh property that runs around the backside that right away does service the school um and that surrounding area back there next this I took from Google Maps to kind of just show the flavor of the neighborhood so you can see the non-residential uses that are kind of across the street down the street and then this is similar it shows that right away but then you can also see the school facility that that wraps around this property so this is your future land use map this site is downtown mixed use Redevelopment which is the same as all the properties that are surrounding it um your existing zoning oh sorry downtown mixed use does allow for residential retail and Commercial it will allow up to 40 units per acre um with approval of a community redevelopment by the community redevelopment agency and the council um the community redevelopment agency next slide thank you did send a memo um last year saying that they do approve the Redevelopment of the site um into these six multif family units next so this is the existing zoning today um as you can see it's C1 similar to the neighbors except the public piece around it which is the School site and if the zoning is changed this site would get planned unit development zoning as I mentioned they are wanting to put in six multifam units the units would raise in size the smallest being 744 ft with the largest being 1,236 ft that's amazing um there's a laundry facility on the site the that you that will be there and then they're proposing within that fenc area to in addition to building the parking on-site parking for the site they are also going to have an area there that is fenced for um children play area and and and you know taking your animals out that type of thing um this site also has sorry if you could go back one more slide um discussions with between the city and the applicant recognizing that this is a residential use and you're going to have visitors that want to come and all that the applicant work with the city and they are propos they will be putting in the five spots um parking spots um in the right of way adjacent to to the property um they will also be striping the parking spot that's currently sitting there right up front because there is a a fire hydrant there and you can't park in front of the fire hydrant so they will stripe that piece out um so that it is clear that that is a nonp parking area next slide we did look at this um for impacts to public facilities and services this site is obviously already constructed it's a Redevelopment site the um utility Sebring utility did Issue a letter saying that they have capacity to serve the project if it is redeveloped into six units um same with solid waste the school board issued a letter saying there is capacity in the school system to serve this site as redeveloped um Recreation and open space the city's level of service has capacity but also the site is including an area that would provide on-site recreational opportunities for the residents next slide um the site does have access to the surrounding to put in the five spots to assist with parking in that right of way that surrounds the property um this is kind of just showing again where that right of we travels around their property and then moves five those five angled parking spots that would get put in that place this um is a planed unit development so we do have proposed conditions that we would like to have or recommend to have in the ordinance the first one one clarifies that the site would be developed consistent with the master development plan and any modification would have to meet the section of the code that discusses how modifications to plan unit developments occur um we also have the requirement about striping and maintaining on Street the on street parking spaces in that right of way and that they would uh stripe the parking space um with the no parking area in front of um the fire hudon this this is what your zoning map again existing looks like today this is what it would look like if this is approved next slide um Planning and Zoning Board did hear this on May 14th and they did um discuss it and recommend approval um I'm happy to stand for any questions you may have and as I mentioned the applicants Representatives here as well is the five spots the only and in front is that the only parking no I'm sorry can you go back to the site plan they are proposing um parking on on the site site itself so there are um in the grass area yes they're building a parking lot there so there would be seven parking spaces there including the 18a and then they were putting five additional okay um in the right of way just to help support you know additional potential need that would come from that the reason I asked is because the building that used to be there burned down I live there really we parked out in the street sure and this is this is obviously part of the town where you can rely on on street parking but in our discussions with the applicant you know to have six units with people in it it it you know they have the space they have the land available we thought it would be helpful to have an on-site parking yep yep thank you is that is that a oneway loop around there yes yes yeah I'm going to say if it's two-way we may have an issue with the parking but if it's oneway should be one way okay you come in off a lemon and go around and it comes out to Orange how do they access the upper stories there how will they access that good afternoon everyone my name is Maria Haan I'm Your Potential designer on this project and i' I've taken our 100-year-old building and renovated the interior of the building but let me ask answer your question see so this is a blow up of our proposed uh first FL Apartments oh thank you skot thank you I thought I can just hold it up so here this is uh these are photographs of our existing property if you went there tomorrow it would look exactly like this these were taken recently and this is this stretch of Green Lemon is over here on this this is lemon here and this is the school is over here so it matches M's site plan and if you'll see this side of the building kind double double up on this so this is the proposed um on site uh in the grassy area parking area awesome can we have the site plan oh he oh I didn't know who was controlling thank you perfect so this building is where you see all the white building and there that go so there's a seven proposed parking spaces in the grass in existing grassy area so this would be that the parking lot if this was lemon right here on this side this is lemon and this is the front of our building this is the back of our building and the school is over here so that that uh proposed seven uh seven parking space parking lot area would be in this area right off of lemon so you come in and out of lemon on that parking spot and then over here would be where we have the playground the fenon playground and doggy park for the tenants and then getting back to your question how to access the building so if you can see let's see on see where the car is in that parking space directly in front of that that car against the building oh you got to go back yeah there's a stairway you can this stairway going up to the second floor there is no internal stairway the three existing Apartments which are on the second floor will be accessed by the first two apartments in the front are accised by the they're only accessed by this exterior stairway and then on the other side of the building which is let me see I have that yes on this side we have another small stairway going up to the the second floor rear apartment so there's no internal access on the two two separate stairways does that give adequate escape from a fire of according to the fire department yes the chief um I met with him a year ago regarding this when we started planning and he and I met on site and he approved our our proposed at least for fire safety as well as our sprinkler proposed sprinkler layout I'm sorry fire suppression system and sprinkler system for the uh the first actually for the second floor so the 12200 Square ft Apartments would be like three bedroom two bath Yes actually the three the okay let me just show you yes that's a nice big apartment yes so let me kind of go in order if you don't mind this will be a little easier so just to finish up with the second floor this is our existing second floor so we have three Apartments um as Marissa said the smallest is about 769 sare ft these two this one's a little bit larger with a sun room these are existing we we currently have a building permit for for our Renovations which are currently underway and as soon as the renovations we have the inspection and we're approved we can start renting these three Apartments so that that'll be happening very quickly and then downstairs let me show you uh there's the third apartment in the back a portion of it is only one story downstairs so the second floor doesn't cover the entire building and so that's that's the second floor and getting back to the first floor now this is our existing first floor and this is as you saw in the photograph it's all grass right now all the way to Lemon it's just a big huge open Green Yard and we have we're not increasing the footprint at all we're just working internally to convert this it was formerly it was a uh Comm a plumbing supply company and basically you walked all the way through it was open from front to back and we're closing off the the openings luckily for us are concrete we just closing that and blocking that in permanently so that we have proposed three separate Apartments as well as an existing one-story shed that we're planning to put washers and dryers and some storage Cubbies for the tenants to use for their St excess storage and square footage that's right you asked me that square footage is let get that okay here's the hos layouts showing the bedrooms the I'm sorry I forgot one thing second floor are all two bedroom one bath and the the first floor proposed they're all going to be three bedroom two bath and the square footages on those are the first apartment right off of lemon get my glasses I'm getting older now so bear with me okay first floor apartment proposed 1,200 I'm just going to round off to the nearest foot 1,225 square ft the second apartment in the middle proposed is 1,236 square ft and the third apartment is just slightly smaller at 1,115 Square ft nice big Apartments yeah yes and tried to make it where the living space is large enough to you know the plan layout so it's comfortable they're comfortable units all right thank you oh you're welcome uh does anyone from the public have any questions at this time all right I will adjourn to public hearing any more questions from Council I'll entertain a motion we make a motion we approve ordinance number 1525 on first rating and schedule second reading second and final reading June 4th 2024 I second it Miss Haley yes Hy yes M yes Stuart yes fish yes thank thank you all I appreciate your time and your questions next up is item 10 C and can we pair these yes sir we can hold public the hearings for 10 C and 10 D together if You' like public hearing and ordinance numbers 1526 and 1527 an applicant initiated amendment to Future land use map I'll open the public hearing at this time Mr Swain coordinates number 1526 is entitled an applicant initiated Amendment to the Future land use map specifically changing the future land use designation for four properties totaling approximately 3.67 acres and located at 4260 Lake View Drive 400 Lakeside road and 42 70 Lake View Drive from medium density residential MDR and conservation to public use and recreational use ordinance number 1527 deals with the zoning on that same parcel of land and it's entitled an applicant initiated Amendment to the official zoning map of the city of Sebring specifically changing the zoning classification for those same four properties toing approximately 3.67 acres and located at 4260 Lake View Drive 400 Lakeside Road 410 Lakeside road and 4270 Lake View Drive from Wetlands flood plane conservation overlay public and single family residential r1a to uh public all right thank you Miss barnby thank you for the record Marissa barnby with the central Florida Regional planning Council next slide this is um a joint presentation for both those items the parcels in blue are the four Parcels we're discussing here if you actually looks it looks like it's five but the one closest to the lake is one parcel that's split by the road um these Parcels are owned by the city of Sebring city of Sebring is the applicant this was notified in the paper and surrounding Property Owners received notices and um anyway the site together is 3.67 Acres next Slide the request as already stated future land juices to go for medium density residential and conservation into public use and Recreation and the zoning is to go from Wetlands flood plane conservation overlay public and single family residential 1 a to public next slide this parcel so you can see the four Parcels that we are discussing as part of this amendment the pieces in yellow are also owned by the city um that would be Veterans Beach the um they are not part of this application because they have the um future land and Zoning on them that they need already um but we just wanted to make sure it was clear that these all tied together um the property as mentioned is adjacent to Veterans Beach the site itself includes parking for Veterans Beach it has the former Women's Club building on it there's a cell phone tower some utility structures and part of the parcel or part of the property one of the parcels is actually vacant the surrounding property um it's County on the other side of Lakeside road and um the surrounding property includes uses of public um a mixture of r1a and public which includes single family homes the park and some vacant land these are Google Map images of the sites so we know what property we're talking about um next and then this is of course the piece that is adjacent to the lake so your future land map as you can see the majority of the sites everything um on West Side of Lakeside Drive or sorry Lake View Drive has a medium density residential on it 3.27 Acres the piece on the Lakeside of Lake View Drive has conservation future land ju on it today um medium density residential does allow single family and multif family development up to 12 units per acre um and then conservation is supposed to be recognizing sites that have environmental constraints such as Wetlands or flood Plaines next Slide the proposed future land use if it was to be adopted would change the piece um on the lake side of Lake View Drive to Recreation which is consistent with the other two Parcels that the city owns um there for the park and then everything on the other side of the road would become public use which is consistent with the you with how those sites are being used in the fact that the city owns them um so as it stes Recreation makes sense it's for recreational type uses and public uses for public uses uh next Slide the zoning on the site is a mixture of r1a and public on the Lots um on the land side of Lake View Drive and on the water side of Lake View Drive the land use on the map is shown as Wetlands flood plan conservation overlay um our next Slide the public again recognizes public owned land r1a allows single family residential up to 3.48 units per acre and the Wetland flood plane conservation overlay zoning District was actually repealed from the code um several years ago so changing the zoning on that site on the map is consistent with what's in your code so this is what the proposed zoning map would look like with this change um all of those Parcels would would be assigned public which is consistent with what's adjacent on Veterans Beach property the um there is water sewer solid waste that the city could service this site if the city were to at some point decide to add uses to that site um to those sites the property does have transportation access if there is future development that would come then at that time we would have to do an analysis of the impacts on that there is no impacts to schools or Recreation open space because these are not residential uses we are proposing um it is consistent as a future land use and Zoning together going together to change this uh not only consistent with what's surrounding but also with your code and your comprehensive plan and and that the uses on the site as they exist today um this is again just a reminder of what your future land use existing um and going to the proposed would look like uh if you were to recommend approval on that or vote to approve it um next Planning and Zoning Board did make a recommendation on May 14th to approve both the future land use or recommend approval to you for both the future land use and the zoning map amendments and this would be your motion options for the future landuse coordinates okay thank you thank you any questions or comments from the public yes ma'am um yes hi I just one put question on the wetlands portion that's small is there some kind of remediation requirement because it was Wetlands it's not jurisdictional Wetlands that would require that it was a that was the designation that the city gave to that property it was a an overlay District that used the word flood plane I'm sorry so that's why they reversed it prior to your presentation yes okay that I just wasn't clear on that sorry anyone else no turn to public hearing any questions or comments from Council if not I'll entertain a motion I make a motion we approve ordinance 1526 on second and final oh he has to do SE sorry you have to vote separately yes yeah you're right yeah you're right thank you I made the motion second Missy yes yes yes Stuart yes yes right next is 1527 make a motion we approve ordinance number 1527 on second final reading is presented and I second it m Haley car yes yes yes steart yes Bishop yes and just Sor yes ma'am go ahead we're good all right next up is item 10e another public hearing resolution 20 24-9 a proposed change in use for the real property located at 320 Spruce Street and 400 Avocado Street um Mr Swain you have the resolution in your agenda materials that would authorize the change if Council were so inclined to do it uh this is the public hearing to see if there is concern with the proposed change in use all right I will now open the public hearing uh next up is Miss Barby who's going to give us a presentation yes thank you for the record Merc Barby with Central Florida Regional planning Council next slide this is a change in use request for property owned by the city of Sebring um the Land Development code requires any change of use on property that has a public zoning designation on it come and have a have go through the hearing process which is why we're here today the site is um approximately 2.91 Acres the site request will be a change in use from City uses to multif family residential next slide um we do provide this so the red properties is the ones open for the public uh for the change of in use the parcel identified in blue is also owned by the city it would be a part of the overall future application to the site but it is not a piece of the of the request for this evening um you can see there's also the right of way in between the site itself currently has City uses of vehicle repair equipment and material storage a wireless communication Tower um the surrounding property there is single family residential to the north um and then to the South is portion there is commercial warehousing type uses next slide this is a Google map image to kind of show you the area of where this site is located this is the future land use map you can see that the site is downtown mixed use uh and to the north there's properties that are residential medium um everything else around it does have downtown these two son it when you look at the zoning the um the Zoning for the these two sites are public the site we looked at in the in the with the blue surrounding is um C2 on it next slide um again the change in use request does require for public zoning District to have a hearing with the Planning and Zoning Board and one before the council um and that's to ensure compatibility with the overall plan of the city the um people with the discussion is Blue Sky um they are looking at potentially putting 120 units on approximately 7 Acres so that would be the pieces you're talking about tonight as well as that piece that's blue and potentially that right of way in between um their height they would look at possibly four stories at approximately 55 ft tall um and then the rental rates you can see they range between $720 to uh $1,010 for a three-bedroom um next oh my pictures went away there were pictures sorry there it goes okay so this is the pictures that they did submit um as part of what um project they have Al also developed I guess somewhere in the region nearby that um to show what it could potentially look like next slide this did go to PL oh wait we I'm sorry yeah that was I had to want go back one more I put this in the wrong order I apologize so they are looking at doing this as an affordable housing project potentially through the live local act um this is language that was adopted signed into law last year March 2023 um the governor actually signed the the Amendments that went through this year on April 16th um essentially what the live local act does is it says in any jurisdiction city or county in the state um multifam is allowed in commercial or industrial zoning districts if it includes affordable housing um there are a whole bunch of conditions in there that require including that that affordable housing component has to exist for 30 years um and it's a percentage of how many of the units it would be um they do have a provision in there that says if less than 20% of your city has commercial industrial zoning um type uses that or zoned land then the property does project would have to be a mixed use development project we did a quick analysis of your commercial industrial and and sebr has uh less than 15% of the city is Falls in that category so this project would have to meet those requirements um next slide and then that's again the the three city with the pictures go ahead this did go before the Planning and Zoning Board on May 14th um they did have quite a bit of discussion on it they did vote to recommend approval they did voice their concern and wanted to um have the um surrounding Property Owners within 200 ft be notified of the change via and they asked me to include that in the package so so our ordinance doesn't require that we can certainly make a change to the ordinance if you would like for these kind of zoning change in uses on public property uh to have that notice requirement it is required where there was a zoning change yeah okay thank you thank you any questions or comments from the public Jour the public hearing any questions or comments from Council so to clarify we're just changing we're voting to change the use of this property only right again so that everyone else knows we're not approving the uh project itself that's being proposed just changing the use on this parcel correct and I would recommend that the council consider tabling action on the resolution until it makes a determination of whether it wishes to move forward with the um the Blue Sky project the before wor right here yes sir okay okay so what does that mean does that mean we would vote to approve the change if contingent upon he's saying just table it until be determined just make a motion to table it right right you have heard that you've allowed for public hearing public comment I would I I recommend simply tbling it take action on it if and when you take action on uh the Blue Sky project when it comes to council okay should I make a motion that we table uh resolution 20249 until we make more decisions second Hy car yes H yes yes steart yes yes all right um next up is business from the audience Miss Verna flexen would like to talk to us about trees around a circle I know we um talked about the trees not around the circle itself the other side of the circle and I I didn't know if you anything had what's come of it yeah um just getting to it and finding something to cover the hole that will then be in the grape okay because I'm I was down there I'm sorry go ahead I was down there last weekend with some friends and it was just so hot and we were walking up Ridgewood and then going across Ridgewood and around that whole side and one of them one of my friends turn to the other God I'm so glad these trees are here it is so hot they really help just saying it really does help the issue is the other problems that they cause with um the sidewalks the roots and The Roots the power things like that so I wonder if there's any way to choose some kind of tree that doesn't cause as much we're looking into all options right this is actually the third set of trees that have been on a circle right I think it's a third they've just outgrown the area that so they have to be replaced like every 15 to 20 years cuz they just get so big so is there any move toward doing that or we're trying to find something that couldn't replace them we actually met with uh shade as well possibly cuz it I the first step is to just get them out out yeah okay all right good thank you we have met with uh Bobby Hefner at Robbins Nursery uh and he's come up with some different options and that stuff that we're looking at so all right thank you uh Mr Swain anything else nothing further sirve all right Mr nck you're up good evening Council agenda item 13A is RFP 24-8 award to Waterfront concessions of Veterans Beach license to use City owned property at your September 5th 2023 meeting staff requested Council schedule a workshop to discuss the use of Lake Jackson and public parks by commercial businesses the workshop was scheduled for Thursday September 14th 2023 in council chambers the workshop resulted in Council instruction City attorney and staff to research and draft an ordinance for Council consideration on February 29th 2024 the City attorney presented to Mayor sh councilman havery and City staff a draft ordinance for review at this meeting staff was asked to publish an RFP for Waterfront concessions at Veterans Beach the bids were due May 10th 2024 the purchasing department opened the proposal for RFB 24- 8 on May 10th for the use of Waterfront Recreation at the southern half portion of 4270 Lake View Drive the RFB drew a response from one single vendor Lake View waterports both parties for I'm sorry the proposal is for a 12-month term with the option to renew if agreeable by both parties for additional 12month periods attached for Council consideration is the proposal Lake View waterports Inc has offered to pay the city $11,200 annually or $100 a month for the license to use the property attached uh for your consideration is the RFP and the bid response by Lake View Water supports all right thank you any questions or comments from Council I uh I read through the submitt I met with the owners of Lake View waterports last week and went and looked kind of at the site that we're talking about um makes a lot of sense to me I think it's a decent area I don't think it's going to infringe on the Public's ability to use that land uh I think they have some good ideas I I'm in favor of it okay yeah I know I also spent a lot of time with kellyanne discussing it and in the previous months and the year or whatever I would take time to drive by there and look at U the this the uh equipment that they had out and uh noticed that people were really enjoying the uh water sports company and what they had to offer and uh I've been really impressed I had the same questions everybody else had about uh the legality of it I think it's a unique situation with the um I've already forgotten the last name corros uh have water sports they live right there um but every time I came by to look people were enjoying it it was all well presented the watercraft were just very varied and and uh just really interesting and I think it's a great service for our city if we can make it work legally and it is just a one-year lease so if things don't work out um we could do something else but I think I definitely am in favor of it and one thing in spending a lovely time with kellyanne um we were discussing the lake and safety and I know in years past when I've been out on my Wave Runner I always have a rope with me and many times I've thrown a rope to boats that were out of gas or whatever in the lake to haul them to the shore my little extra service but um you know it does happen out on the lake and I know in the incident with the elderly couple that had bought the brand new wave runner they got in trouble and water sports was right there to help them and of course our fire and rescue are amazing and uh I think it's it's a wonderful um asset to our city I think we've had a lot of people enjoying it I've heard a lot of uh good uh interaction there and I'm all for trying to make this work I think it's a good idea right thank you anyone else I'm uh I think it's a great idea I really do the my only concern is our citizens have a limited amount of places to go to the lake so as long as it don't affect the citizens you know and so they can still use the property and stuff I really don't have a problem with it I think it's a great idea and I wish them the best and like she said it's a 12 month we try it and see what happens but you know we have two other beaches that citizens pay for that they don't even get to use you know and that's I've talked about that ever since I've been a councilman so there's limited amount of places for CI Caron Mr Mayor there I mean just some technical stuff I think we need to consider um the storage of the units and everything our ordinance says you can keep two boats and two um other I don't I can't remember what it said but total of four that which includes anything that's powered by P floats pardon Anything That Floats Anything That Floats basically so I know they' kept more than that on the property now how's that going to be handled and is it going to be a change to the ordinance is it going to be an exception there's some also storage I think in there there was a storage of a trailer but it if I read it right the trailer storage was on public property um so I'm not sure there's some things that from a technical nature that we just have to I think you have to clean up and clarify what we're going to do with it I don't know Bob if you can if that's going to be an issue with how we handle that or well what we could do is you could authorize the preparation of a license if Council wishes to move forward and have that come back to council for U final approval at a future meeting I just think there's just stuff that's on the books right now that prohibit them from actually operating even if you approved them to use the the property it's still there's no storage there's no storage on public property and then there's limited storage on a property that they have so if they have two boats or those little cats or whatever they call them and Craig cats and then two of the floating docks actually in our ordinance are classified as a boat because they can be propelled by a paddle um and then then you have the the uh paddle boards and and whatever else is that's that's against our ordinance so how are we going to how we going to handle that that's the only consideration that we could approve this thing and then two days later code enforcement could go out there and say you can't do that on the property you got to you got to go store these someplace else so I think it's just I'd be in favor of updating that ordinance cuz you drive around the lake there's a dozen other people that are violating it you know um so with peddle boards and that stuff it's you know if they're ly maintain in a rack you know it's not a bad deal right um and you can easily get more than two paddle boards and and a boat and something else in your property right one of my staff members lives on the lake and he's violating it right now what's his address I'm not going to tell you but um point is I I'd be in favor of of updating that a little bit you know more too or even like a temporary variance until we see how it works out or whatever but you know Josh well I didn't even know about that ordinance and we've had quite a few boats and all you know right now I guess we're down to the two but it doesn't take long to give you have a big dock Chief has something to add here mayor council and Staffing chief hogland for the record uh from the perspective of Code Enforcement I would absolutely agree that we should probably do some housekeeping on the ordinance and I will throw myself on the sword I'm in violation now I have two k kayaks on my dock in addition to a boat in my yard so this is a very difficult thing to regulate consistently with water sports because the blowup kayaks the rafts the boats you're allowed two recreational vehicles and that's everything from a boat to an RV to a trailer to a lawn care trailer or anything else in between um I think it'd be a great opportunity to figure out what a compromise would be that can be applied to everybody we certainly don't want to allow somebody on a lake more privilege than someone in Highland's homes but we don't want to overdo it obviously there's an opportunity where you could say you're allowed five or six or 10 we'll have to figure out what that magic number number is and what works for the majority of our citizenry I'd be happy to work with certainly our code enforcement and with building zoning as there may be some zoning issues that have to be addressed at the same time too see if we can come up with something that works and present it to staff yeah I got a question would you mind repeating what all puts you in violation cuz not me personally no ma'am violation yeah what was it how many what were that floats is a both so it's RV in there it's actually Beyond just things that float I believe that the reference ordinance is recreational vehicles and that could include a trailer with two pwc's on it it could be a kayak it could be an inflatable paddle board um it could be the rafts now that float the picnic tables that float all of those are considered in that ordinance I'm going to jail not by me ma'am well I didn't even know there was such an ordinance but that's easy I mean when you got a bunch of kids that's easy to get up over that in an RV again I'll admit I have two kayaks on my dock that put me in comp or out of compliance so it is a difficult thing to reason we'll send code enforce there thanks what do we do what do we do have something you wanted to add um you guys have been operating for over a year now I'm wondering if if we approve this if we just have like a six-month checkup Point too just to see how things are going um if we need to make any adjustments depending on kind of feedback from the community because I I know we're you're just in that very difficult spot too with public right here and your property here and I I get calls all the time too of you guys operate and we talk about this I've been to your house been talking to you both yeah so it's just I understand that so that I think like the public perception of that as well of operating a business not in your property even though you've been using city property it makes things very difficult too um but I mean I'd be open to like you're going into your busy time too last thing I want to see too is just say you guys got to stop you can't use our property even though that's what you've been doing um the the last about 15 months so um but I I think if if we move forward let's have a checkup per and see what we need to do to maybe reevaluate if if anything um just to see see how things are going we definitely have to do something with the ordinances yeah yeah we do and that could fix a lot of the issues to that yeah go along with this I don't see there's any reason we couldn't move forward with the RFP even though the ordinance needs to be changed I mean nothing has changed in the last year it's not being enforced now it's not about to be enforced we just need to clean it up on our end yeah like I mean I I don't know if you want to move forward with that because you're allowing and I'm this is the harshest conversation is you they're breaking the law and it's not and they not putting it that way but I don't know if you can should move ahead wasn't that the purpose of this RFP to to bring bring everything into compliance it it doesn't address the ordinance of it IT addresses what they want to do MH but it doesn't address the ordinance that's on the books from the way I see it so and I think Bob's suggestion is probably a way we can get this thing cleaned up from day one and not have any issues at all so I will agree there are most likely technical violations throughout the city that are not being forced unless we receive complaints on them them um our officers we have two code officers for the city they do not actively go out and count the number of kayaks on people's docks any more than they count the number of trailers in yards uh frequently this becomes a tit for aat neighbor type dispute where they believe something's being stored improperly or somewhere it doesn't belong certainly we can't um we can't Envision when those complaints may come in and with the amount of attention this issue's gotten they may come in Monday morning if we proceed with this we already have one complaint so all right that said I think best course in scope would certainly be to address the ordinances and the the ordinance addressing could occur it could currently or concurrently occur while while the RFP is approved I will leave certainly leave that to staff for consideration all right I would be in favor of that okay I'm going to open it up to public comment I got a question why couldn't you just what is your name ma'am ver thank you why couldn't you just make a change to the zoning code for the um property at Veterans Beach that would accommodate that wouldn't that seem like the most sensible thing to do I think one of the big issues too is just the are are we going to allow businesses to use public land too just in general too so are we going to open it up to uh just any business who wants to use our facilities either at Veterans Beach or U City Pier anywhere we got I think establish something too what does it look like for businesses to use City owned property but it just seems like that would be the smartest thing to do and then you're not in conflict with you know it's just Charlie Lance for the record I just wanted to ask about that particular ordinance is that for residential single family or R1 or because this is not going to be zoned for residential single family anymore so can't you put more than four boats there that their property is where they store their property but they're getting the RFP on city property but not to store the boats they're stored on proper store more than four recreational vehicles on city property that's or does that ordinance I think you overnight I mean that in a city city property you can't store over you can't park overnight technically so I don't think they're using they're they're not storing they're on that side I think that's what makes it so complicated in this issue because they're you're saying that they're storing everything correct me if I'm wrong they're storing all of the boats on on the city property they haven't been storing it on their property itself so can't they store that can look at having the ordinances you bring them into compliance take take that concern off the table right we can that's just a concern that this is you are going to get a somebody's complaint and saying hey what are they doing you're not you you didn't enforce it on them and then all of a sudden we enforce it on them and it pretty much shuts them down or they got to find another way to do it right but again the difference is that not necessarily they're storing it on their property but with the RFP can't they store those water Craft on City the way the RFP that I read it it's the use of that property not for storage right okay they just they're just using that 50 ft or whatever it is okay but they're not allowed to store there overnight but could the RFP be ammended I think U lady was saying that for the city property and still keep it with the four watercraft or four recreational vehicles on the R1 property that's something we're going to have to I think the RFP asked for a proposal right so things that are sort of we'll call it up in play is there storage permitted on the property uh is the use by uh like you is that exclusive to them for that whole Southern half or is it non-exclusive so other members of the public can use the property as well uh are we're going to have a a 6mon uh review as as part of this or not so can can I give my opinions on that are your polling kind of I would be in favor of allowing limited storage use as part of it you know maybe put a number of vessels or um a a way of storage um and I would say a non-exclusive use you know if members of the public want to have a picnic under the tree I think they should be allowed to and I don't think they would have a problem with that either as far as the six-month review the the way I'm reading it right now it says we could terminate this at any time the way it's written is that accurate I was looking at early termination it said we could terminate the contract in whole earn part at any time it does re that way so this to me me the six-month review is we can we can say that but the point is we could get out or they could get out at any time if they wanted to they needed to right you know I I think as I understand it kellyanne might want to speak to it am I interrupting you did you have something else but i' just like to say I'd like to find a way to say yes to this because Lake Jackson should be able to be used by other people other than the people that just live on Lake Jackson or that own a boat and the old adage goes you know if it floats or FS it's cheaper to rent you know so you know some people can't afford that so I think it's a great thing to be able to rent these things and if you postpone it for another two or three months they're going to lose a big part of the season and I don't think we're going to stop them from what they're doing yeah but we're going to get it all right so you just want to get the ordinances right well I agree with that get the ordinances right but there is a difference between the ordinance for residential single family houses and recreational vehicles versus City use or city property you just reone this into recreational use so thank you thank you anyone else from the public has something to say yes sir my name is Gary dalon um just a couple questions I want to ask you I know they've been very good about putting their stuff in their slot on their property what concerns me is what happens if you open that can of worms on that piece of property on the beach okay once you open that can and you give it to them are you going to set limitations in your paperwork that's what we're discussing that's what you need that it it needs to be very specific on that okay because it if you don't inch to a you know I can take an inch I can go a mile with it okay just make it very very specific on what you want them to follow in but like I say up to now they've been very good about keeping all their stuff within their property lines and all that even the floats and all that correct in the ordinances this Council has changed C ordinances fast as people change clothes okay throughout the last year or two and they some of them need it some of these ordinance need to be changed question is where do you draw a line if you're going to open it up to five boats everybody will take care take that to heart and they'll have five boats if you open it up to three boats and two trailers they're going to take that to heart just be aware of all that you know what we do when we make these decisions and you put it in you say voted done second it's it's a it's you can't close that block that jar once you open that jar up okay so just something to think about just to get those details details details thank you right thank you anyone else all right what uh I I have a comment or a question okay yeah you know one thing in in trying to decide with this and all this question about if you open up this for uh this this family but this is really a very unique situation because they live right there they're the only ones that have an interest in this and live right there by on that piece of property and the other thing and kellyanne uh might want to add if I got this right but uh I saw a picture of a trailer they would like to buy if they get approved that they would store a lot of things in and one of the things they have and I'm not sure if I heard it right but some kind of Grant or something where they have um life reservers available uh that they would give out and they already have been doing that and that's a service I hadn't really thought of but there are a lot of people that don't go out on the on the lake adequately prepared so that was just something I'd add in there Ralph Ralph Flores I The Neighbor Next Door uh they're doing a public service for this community and for visitors to come here I think I brought it in front of the board about seven years ago or five years ago when I started coming over about we need a something like this and I brought that up in front of the board that we have a beautiful Lake I enjoy it but as the tourists come over what they do just look at this beautiful Lake and can't fish off there you can't do this you can't do that uh they need something boats or something to enjoy the actual beautiful water we have there Lake Jackson be a nice Sandy Beach people love that water that they can go in there and I think it's a public service where they're doing they're helping uh the tourist Department uh division while bringing customer and bringing visitors to the city I think it's a great idea and since you changed the zoning now what is it we don't have the zoning we have the Sony are we comparing them with single family residents or you know so one you can't you can't you know say yeah we have a change of the soning for this but you can't do that well it's the same you know recreational soning it's recreational soning uh something to think about all right thank you go ahead Bob so if we if we made the motion and voted to award the RFP for the license how does that work then you have to craft that the language for that license yes sir I mean so what you did you solicited proposals they gave you a proposal if you want it as is exactly as they have worded it you can accept that if you think that there need to be some clarifications to it um add again maybe addressing storage uh things like that then we can I would recommend that your approval tonight be subject to uh approving a the document the licensed document that provides that to them that way Council has Clarity on on what it is that's being allowed okay okay all right I'll entertain a motion I move to award Lake View Water Sports Inc a license to use the southern half portion of 4270 Lake View Drive for the use of Waterfront Recreation watercraft rentals uh with a license to be crafted by um City staff for Council approval subject subject to council approval I second that Miss Hy wherever you're ready I'm sorry Terry cor yes Hy yes mle yes Stewart yes Fisher abstain uh the proprietor is a family member of mine um I abstained at the previous that's offici uh vote all right next up miss haly pills please so move second P the board um I Wasing I'm sorry me andard car yes yes M yes Stuart yes yes all right I don't second that's it