##VIDEO ID:wZCC2ir1Evs## all right welcome to the council meeting in the best interest of time if I can if I can have your attention please I welcome to council meeting in the best 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 uh I'm sorry let me uh am I in that section is that right I see it all right um uh each speaker will be allowed at 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 speakers for your information the items listed in section 11 of your agenda are for reading and introduction and the council will not take final action on them tonight if you have questions on these items please see the city staff in the back of the chambers thank you for participating in your city govern government I like to call this meeting to order can we all please stand for the invocation by Pastor David NY from Christ Our Savior Fellowship Church who will lead us in the invocation and please remain standing for the Pledge of Allegiance let us pray our heavenly father we want to take this opportunity this evening to thank you for another day of life we also recognize that you are sovereign over all the Affairs of men and our Sovereign over the entire universe and now Lord I ask you to bless our city of St Cloud leaders especially these council members as they debate and make decisions that impact the citizens of our city give them wisdom good judgment we also ask that whatever decisions that are made here this evening will be pleasing and honoring to you and we ask this in the name of our Lord and Savior Jesus Christ amen amen amen I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice all all right thank you Pastor NY Madame clerk will you please call the RO mayor Robertson here Deputy Mayor Fletcher here council member Paul here council member Urban here council member Gilbert here city manager Miller do you have any agenda updates yes thank you I'd like to request that the council add a presentation by superintendent mark shanoff from the Oola County School District if we could make that be the second presentation this evening okay all right so the systems uh and the citizen do I add that is that how you said I have to repeat it request uh I'd like to request the citizens form after the consent agenda and move the council action item number one and number four immediately before the public hearings do I ask for a motion on that well they don't need a motion I'm assuming everybody is everybody okay with that is that you just need a consensus to Revis gotcha consensus so to be clear the citizens form will happen after the consent agenda and then items one and two in the council action will be moved up to right after the citizens for okay okay all right and now on to our presentations and we have a presentation of the the uh 24 Community Project funding for storm water improvements and flood pre uh prevention by Congressman SoDo all right doesn't look like anybody from Congressman soda's office is here all right so go ahead and we have uh superintendent from the Osa County School District Mark shanoff here with us tonight good evening mayor council members Miss Miller um the the relationship that exists between a school district and its municipalities is something that's very important to the overall operation of our school district it also generates value for um our constituents and your constituents as well police departments that we work with and police departments that I've worked with during my career in education um is rooted in two very very important facets number one proactive police work which sometimes can seem like the easy work and then reactive police work which can be much more difficult this past two weeks we've encountered uh two situations in which we have had to lean into and on the St Cloud Police Department for their assistance um at the high school these situations originated out of state we were not the only School District that had to go through um these swatting uh attacks yet it is imperative to keep the trust of our community that we ensure that safety of our students and our staff is the top priority so we still have to do our due diligence when these situations arise so the question then becomes if we know that these things are occurring and we know that they are benign how quickly can we resume normal operations because of the professionalism and heroism of the St Cloud Police Department we saw minimal disruption at our schools as a result of the quick action and Leadership of the officers in this city I felt it necessary to take a moment and personally address the council and thank the leadership of the police department and uh the Command Staff that supported uh the work that took place the past two the past two instances last week so if it's okay I'd like to go ahead and announce those individuals and have them come forward I have one of my challenge points for each of them Sergeant Stockdale Sergeant Lawson SRO supervis yes absolutely SRO supervisor fenko Corporal Martinez and SRO [Applause] burus I want to thank I want to thank you all very much for the support that you provided our school um actually the three schools that are located so close to each other uh last week it made a significant DM difference made a huge impact I know that the uh that the leadership at the school is very grateful uh for your bravery and for your for your guidance and your leadership so thank you very much [Applause] and Mr Burrows is hiding um along the wall so okay thank you great job guys great job well thank you superintendent and and I I will say I I was out there yesterday with the uh Jimmy Bears barbecue and Andrew of course and and you have some great staff as well that responded so and we all have a great team here in our city so thank you much thank you very much M sir thank you Mr SoDo has arrived all right and here to uh for presentation Congressman Darren stto regarding the community Project funding for storm water Improvement and FL uh flood prevention good evening Commissioners mayor congratulations on your election it's uh been an honor to work with you on Veterans issues now we're going to get to do a lot more as well commissioner Paul congratulations to you too I know uh we' worked on a lot of water issues over the years and commissioner Urban you did it the right way unopposed right well as with many of these projects uh you know the deal we look to you all to come up with what you think is best for our local community here and then we make sure to bring those dollars back from Washington and this last year uh like with others it's all about investing in community investing in especially the downtown as St Cloud gets bigger uh having a downtown where we all can gather um and for an economic driver for jobs in the area uh we really uh appreciate the commission's vision and are going to continue to support you all on that so this year we're thrilled to get uh through the 2024 budget uh $1,616 th000 for downtown sacloud storm water improvements in flood control uh we know uh and in addition Toho Water Authority had already requested and we were able to secure another $697,000 for a Downtown St Cloud uh water main replacement uh we know during hurricanes Irma and Ian uh that uh there was some minor flooding in the downtown area area and in Parts Beyond uh and Milton was a close call hurricane Milton as well and so we're going to continue to work on those things uh I know commissioner Paul you're already aware tomorrow we'll be going to the wited community to talk about the $850,000 we secured for a new water man for that Community I know just outside the city limits but still in the in the area around St Cloud um the request for this year was for to help out with training for our law enforcement through uh St Cloud Emergency Operations equip um 1.84 Million past the house and now we're gosh you know I wish it would be easier for these budget they pass in Washington sometimes so it could be later this year or early next year but um to make sure that our heroes like who you saw here tonight uh and um Chief gerky and everybody has what they need uh for Emergency Operations um I was thrilled to be able to tour that facility before and uh so again you ask for it we're going to do our best to get it uh sooner rather than later there are a lot of major regional projects that uh have been Landing over the past couple past year or so one of the biggest is um a $3.5 billion doll expansion of I4 which we know it's on the more on the west side of the county but uh you know it's currently the worst traffic in the nation even worse than like Los Angeles or New York so um about half that money was Federal and half that was state so that's your federal government and state coming together $3.5 billion expansion from 52 all the way down to 27 in in uh Poke County then in Neo City over the past year or two we've been able to work with both you all the county and with the city CMI um over a half a billion dollars is coming in and Investments for Neo city um both for Aerospace microchips for major Army contracts to help our service members and uh we just got a huge announcement this last week from uh ELP s um they will be building the second major microchip Factory in neoc city it's a $470 million project um you know we know we appreciate tourism and agriculture on here two of our greatest Industries and we also know we had to diversify and so we're seeing now the Saum fabricator come in to make Aerospace microchips to help in Cape Canaveral and also for our military and in addition that's uh helped also be a catalyst for uh a major expansion in Oola Heritage Park which I'm sure a lot of you have been reading about $1.3 billion doll expansion we're going to get the Orlando Lions headquarters the uh Orlando Pride headquarters uh it'll also help us keep the Oola magic here in uh o County I know I'm a big sports fan I'm sure you all are too and the pride won the championship the uh Lions came pretty close uh as well so we want to keep them here it's going to also mean multiple different soccer fields we know we need more hotels around Oola Heritage Park especially for major conventions like the ma convention for a lot of the car fans around here another big uh a big loan that we got with uh with too water is 188 million to expand our water uh Supply and capacity I I don't have to tell you all St Cloud's the fastest growing city in the district uh but we need to make sure we have enough water and so part of that will be everything from different reservoirs and uh and different areas for uh the lower floor but also uh Taylor Creek just south of here we're expanding that uh and you're going to hear a little bit more about that in a second to for both o Oola and Orange County that's a creek on desert Ranch that we're able to change the water storage and basically convert it into a reservoir now we're going to be expanding of that Reservoir it'll also help our local ranchers as well um and then one of the big ones another one is the 1.3 billion for the PO s Parkway which uh will help also with the South Park connector which I know a lot of you are paying attention to it is uh unacceptable that poci and St Cloud aren't connected to the big Metro areas in Oola County that's a$ 1.3 billion project about half the money came in from the feds again with a partnership with uh with the state as well and then the last big one is a a SunRail bright line expansion uh that you all may be familiar with where we'll connect SunRail uh to the theme parks uh and to the airport uh which will allow us to do weekend service um in addition bright line will connect Orlando to Tampa and it's also connecting already um Miami to uh Orlando as well and I've already at the urging of several of you uh started talking with um both the airport SunRail with the city of Orlando and others about uh a potential EXP expansion to St Cloud I know a couple of you have asked about it so we started looking at it would have to come out east of the airport and perhaps go down uh nusi uh to connect to downtown St Cloud don't look at it on a calendar just yet but it starts with ideas from you all and then we work along because we're going to continue to expand all the highways so people can drive we're going to expand the airport over 300 million there to expand to terminal sea and we're also going to improve the number of buses as well as SunRail uh so that if you want to fly you want to drive you want to take the train we're going to give options to our local residents we know the traffic is one of the biggest issues along with jobs around here and then lastly uh we just passed this week the water research development act which included authorizations for $45 million for the expansion of Taylor Creek which is here in aola that's the authorization we still have to now get it in the budget next but it's been authorized so that'll that'll be a huge expansion of our ability to make sure we have water for Oola County and then 5 million was authorized for the witted uh neighborhood sewers as well again authorizations not money in hand yet but it means that now we we can spend the next two years going to get our money for our community and then lastly um ecosystem restoration studies for East Lake too and Lake Conway uh to continue to work on uh the restoration of East Lake too to make sure that we're not flooding we saw during Hurricane I some of the uh the lake got into a lot of people's yards almost uh got into some people's houses and uh something that I got to learn through working way back with hurricane Irma is that Lake Conway connects to East Lake Toof underneath uh the airport and so we've had to we're also looking at a uh ecosystem restoration study for Lake Conway so that as these two big bodies are interconnected on which the last time hurricane Ian we ended up having to hold water in Lake Conway we want to make sure all those systems are up to Snuff as we see hurricanes uh continuing to hit our area um so I just I appreciate the vision that you all have as a a commission looking forward to working with uh our new partners and uh we're going to keep bringing home our taxpayer dollars to here in St Cloud and God bless you thanks for having me yeah thank you thank you Congressman Soto [Applause] bought the you can't cash that one though uh Congressman you've been a great friend great support of our city and we do appreciate you great support of our veterans you've uh I've been working with you for the past four years now and with Juan I do really appreciate you thank you well mayor you'd be happy to know last night we just gave the incoming troops intro level of 14% raise in the National Defense authorization act and then a and a nearly 5% raise overall for our troops uh so I there'll be veterans one day but for right now they're defending our nation let's give round for our veterans and our will you join us thanks thank you sir yes all right next on the agenda we have a presentation of the employee of the month by Roberto Smith good evening everyone mayor council members city manager everyone in attendance pleasant good evening to you all it is my pleasure today to recognize an individual who has truly gone above and Beyond in supporting our team um recently especially during a time of transition and change that person is L Cedric Johnson um as many of you know we faced some recent personal changes in our department and while it's never easy to adjust lck has stepped up in an extraordinary way and we truly appreciate it he has demonstrated an unwavering work ethic and True Team oriented attitude by taking on tasks and projects that were left undone um his contributions have been invaluable particularly in key projects that we recently completed like our fire training facility the AV outfitting he helped to finish that or health clinic site preparation and uh a recent Network augmentation at the ranch um ledc hasn't just completed these projects he's LED them um he's been the driving force behind coordinating help making sure that everything stayed on track and making sure that that each project was pushed across the Finish Line his proactive approach has kept our department moving forward and even though we were short staffed um he has helped us to to keep keep keep moving forward and for that we're incredibly grateful L Cedric sir your hard work and dedication and willingness to go the extra mile has not gone unnoticed um you've been a true asset to our our team and it's an honor to recognize you as the employee of the mon um thank you for all you do sir so please join me in congratulating [Applause] listen this is for you sir [Applause] he does it with a smile all the time always in a good mood all right next up we have a presentation of the corly economic development report by antonet Forbes good evening anet for's economic development director wanted to provide you with the corly report so I want to start by giving you some data for our Workforce I want you to know that these numbers reflect the five zip codes that represent St Cloud so there may be some spill over into parts that are not necessarily within our boundaries but are still reflective so it's of 2003 they have that the region regions of population increased by 29% since 2018 so that's in the last five um plus years and so it shows that the population is expected to increase by another almost 16% in the next five years it shows that our jobs increased along with that population of 18% for those five zip codes I previously mentioned um and that we actually outpaced the national growth rate by almost 19% with our top industries being eating places education hospitals and obviously local government because the city is actually the largest employer our average earning wage per job is 70 excuse me 57,8 which is lower than the national average unfortunately and now I want to go into some of our uh departments efforts so it has been divided by business attraction and business retention so on the retention side that is obviously for our existing businesses and how do we help them grow and expand so one of the things that we included was our nonprofit profits because they are still a not they are still considered a business they're just a a tax um identification clarification so our community support grants were now um distributed or evaluated through our Economic Development advisory committee where they reviewed all 38 of those applications and were able to come to a consensus of how to do that act um the award allocation we also partnered with Career Source in our summer internship program which we're able to fund through Community Development block grant um funding and then the picture below you see is our partnership with the Small Business Development Center where they um come to City Hall once a month and offer one-on-one complimentary business assistance to our um entrepreneurs we also hosted several events so part of our business plan is to have at least one event per quarter this year we've actually had eight events both online and in person so these are just some of the ones that we' um that we have hosted did we did the elevator pitch Ser series which um the the recipients of that program actually came the last council meeting they were award $1,000 uh Grant to go towards working capital we also hosted for example the um access to Capital information where we had over 20 banks that came to the city to talk to our businesses about how to get additional funding we have also partnered with the Orlando economic partnership as part of our um membership where they are doing a business survey which includes our stcloud businesses so we can they can help us determine what is the business climate both perceived and actual they will use that data extrapolate uh St Cloud's information specifically and then we will repurpose that information for our upcoming event in February which is the economic Outlook under business retention we also have marketing where we have a monthly newsletter that goes out for our two newest um council members we have now added you to that distribution list so you will also receive those once a month it usually goes out the around the first um business day of the month where we provide our local businesses information to assist them whether or not it's a city program it does not matter if it helps our businesses we want to get that information out so for example the last um newsletter we offered information about the SBA and different programs that they had available um as of now we have 4,11 subscribers to our monthly newsletter with a 55% growth rate that is increased by 705 subscribers since last year under business attraction now so we have now started to reallocate our efforts a bit and split them more on the attraction side I think that we've been I'll call a victim of our own success where we our existing businesses have grown so now we need to figure out how do we recruit businesses that are outside of the region to look at stcloud as a destination location for their business so you'll see that we were featured for for example our petty caps which is the ordinance that the city council um passed which allows Petty caps to be to operate within the downtown area but we also have started advertising what you see on the right hand side is an advertisement we did in site selection magazine where we um um promoted St Cloud as a destination for manufacturing and Industry we also have been featured for our new incentive program that was adopted about about two months ago and now we have partnered with a group called retail strategies which will help us with our recruitment efforts to bring in more retailers not just um restaurants but also experiential retail um Hotel um and so on we have a newsletter for business attraction that also goes out once a month you all will be receiving um that as well and so that one is geared more toward our our real estate Community we try to feature Spotlight of um different locations that we think would um would benefit to have new businesses come in we also try to um give them information on things that the city is doing such as our new incentive program to attract businesses to come in we also at this point have done two podcasts um just advertising the economic development efforts and how it has become one of our top strategic goals and we have featured um information about the incentive programs our award-winning website has um as of last year we have now a little over 2400 users and over 5,000 views you'll see probably better than I can because my eyes are not as good as they used to be but the majority of the um businesss we get are from desktops that means that people are actually taking the time to peruse the site compared to on their phone where they get information at a glance so this year we now have two new employees which I'm very excited about who have been a very great addition to our office and helping us move the needle forward even more we have done 47 cases of business assistance that includes sending out letters to new and renewing businesses when they do their business tax receipts to let them know that we are here we are available and we can provide resources to them as I mentioned before we've done eight events seven in person one virtual the one in Virtual was we have started our howto business series it is how to do business with the city how to do business with um the county last month we did one on how to do business with the turnpike and um Goa in February we will we will feature one on how to do business with L Martin we have won four Awards um this last announced last fiscal year so three of them have been State and one has been International both for our website as well as for um our economic gardening program which has guarded us attention that now we're starting to getting calls from other cities across the State asking how is it that St Cloud you all are able to do what you do what's next our economic Outlook so we will have economists that will come and talk about St Cloud specifically and their projections for the future and what that looks like that is scheduled for February I believe the 4th um at op our economic Summit we plan to bring that back later in uh the next year and that is specifically geared towards site selectors real estate developers and showcasing stcloud and specific properties um and why it's good to do business here I talked about our next connect series we also um through our um housing program we have done completed four re-roofs there are about seven more that need to be done and we are almost done with the Tracy Tracy Manor housing rehab project which there'll be a ribbon cutting schedule for that as well and that is our quarterly report and I'm available for any questions it sounds like you've been hard at work sometimes it's all great thank you answering that thank you that was very cool all right youall have any questions all right well with that we'll go ahead and move on to the next section of the meeting is the consent agenda uh this next portion of tonight's meeting is the consent agenda which contains items that have been determined to be routine and noncontroversial if anyone in the audience a wish to address a particular item on the consent agenda now is the opportunity for you to do so additionally if staff or members of the city council wish to speak on a consent item they have the same opportunity all right I would like to ask Council if there are any items on the consent agenda that you would like to pull for discussion council member Gilbert yeah I just want mention for this uh Cemetery uh that's going to be an increased cost and a forever cost so as we look at our pricing that we do for that Cemetery let's take take that in mind as we increase uh I know we are talking about and we have increased um we have a two- rate system it's citizens and then non-citizens but I'd just like the council to know that this cost once the cemetery is is is completely full and I think that's 600 spots I could be off by a little bit that would need to be maintained the duration uh uh of our city so just I'd like them to take that in consideration as we look at what what rates and what costs are you're talking about maintenance you're talking about uh um having personnel there and and numerous things so I would yield back to you but I just like to city council to understand that there's always going to be cost involved with this uh City Cemetery I you back yes sir thank you uh you were was that just a statement or did you want to pull off and discuss it any further just just okay make youall aware we don't get to talk so do it during this I would like to pull item e and G off all right is there anyone from the audience who would like to speak on any items on the consent agenda and Madam clerk can you please call the role well you need a motion as to the unless you want to talk about your items first and then oh I'm sorry I think I thought we vote on then we talk about the other you can but you still need a motion to approve all the items except for items e and G all right can I get a motion to approve all the items ex uh except for item e and G motion to approve excluding items e and G as the mayor has requested motion from council member leer second second from council member Paul all those in favor well you need a I'm sorry madam Rollo council member Urban I council member Gilbert I council member Fletcher I council member Paul I mayor Robertson I motion carries 5 Z I was back in my museum board yeah that's how we do it a and a all right um I'll go ahead and start off um item e uh as many of y'all know I I I campaigned on I'm not a big fan of giving Mobility fee credits for Developers for interior roads for roads within their developments unless we're asking for um something extra special you know four-lane boulevards or something that we really need uh so this item we're we're talking about giving $23 million back uh it doesn't sit well with me I only because I've only seen this for the past you four or five days I like to dive deeper in this I'm not saying yayay or nay on this uh I'd like to postpone this item uh possibly to the January the February meeting if that's possible so you can make a motion to continue it to either one of those meetings can I make a I'd like to make a motion to move item e to the February meeting to allow enough time to research that item I guess a question City attorney when we pull the item agenda off do we read that so the uh citizens know what we're talking about uh it it you can yeah it it probably is advisable yes Mr gild could just read could you please read resolution number 2024 d 203r a resolution of the city council of the city of St Cloud Florida entering an agreement with Oola County and wy's Farms LLC for the design engineering fees and actual construction cost of framework roads conveyance of right away within the adjacent to the bellat Tera property boundaries for Mobility fee credits authorizing the mayor to execute the agreement and providing an effective date thank you so you have a motion to continue to the what's the February meeting date I February 13th okay so the motion will be to continue to February 13th need a second second uh we have a second from council member Fletcher Madame clerk please call the role that yes it was a second from Gilbert Council gilor I thought it was I'm sorry council member Gilbert I Deputy Mayor Fletcher hi council member Paul I council member Urban hi mayor Blackwell I'm sorry I don't know why you going a correct all the other ones say this one I'm so sorry Robertson I motion carries 5 Z all right item G um uh Madam clerk can you please read that resolution number 2024-25 r a resolution of the city council of the city of St Cloud Florida amending and restating previously adopted resolution 2024-the providing for conflict cability and an effective date all right thank you um City attorney this was just all we did was add the updated agenda item to move those items around right that re realloc remove moves the citizens Forum piece to where you're going to try to do it tonight after the consent agenda all right so the agenda is adopted as part of this resolution so whenever you change the format of the agenda we have to do a formal resolution okay I just didn't see the original resolution so I thought that's the only thing that that it was just an addition the changing of the the order okay and I'd like to make a motion to approve item G second second from council member Fletcher Deputy Mayor Fletcher Madam cler please call the role Deputy Mayor Fletcher I council member Paul I council member Urban I council member Gilbert I mayor Robertson I motion carries 5 Z all right next section of this meeting is Citizens Forum any person who desires a comment on any item not on this agenda is provide this opportunity to address the city council each person is requested to complete a signin form to be provided to the presiding officers prior to or soon after it's practical thereafter the person addresses the council when you come forward we ask that you please state your name and address for the record and we ask that you please limit your comments to three minutes and we have Miss Betty dempy oh feels good to be here with good tidings rather than my normal complaints and requests but before I start I have a question what do you do with all that play Play-Doh you had on the Christmas  I think we know what you do behind the scenes up here anyhow as you know the parade was a tremendous success each year it just to me get better and better and better we had over a hundred entries and over 2,000 people in the parade actually in the parade representing their businesses and organizations and each one reflecting our community's desire to usher in the Christmas season season with some hope and happiness and joy I don't have this year's official account from uh the police department of how many Spectators were attending but last year we they estimated 12,000 plus lining the sidewalks you were there you saw them the way our city has grown I think it was probably a lot more than that this time and the parade involves months and months of pre-preparation behind the scenes that people don't realize has to take place and those involved include many of your city departments they're on my parade committee and they I cannot express to you how diligent and how faithful they are to help us and so as chairman of the Christmas parade and my committee and the entire chamber I want to say thank you to the parks and wreck the fire department Road and Bridge what would we do without those barricades JB Miller and his TV crew and all the volunteers and others that worked to ensure a successful parade and when I say success I'm not talking all the floats and all the people the success is measured by the reaction and the people's enjoyment of it and as you rode the through the parade route you saw the people's face their reactions and what a great I felt it down in my production area a community coming together no one's fighting no one's arguing shuffling for position or anything else everybody's there for one purpose and they're United and that to me is the positive reaction we need to strive to carry forward throughout the whole year and again thank you very very much for all the participation that the city did and helps us with and God will and I'll be sitting up here next year doing the same thing again thank you bu thank you Betty thank you yeah that that parade was amazing uh everybody at the chamber Robert bass Dirk Webb I mean everybody was was amazing putting that thing together so it was great to see Trooper Steve up on there on the judge's table he's a good friend of ours here awesome that's good thank you all right would anyone else like to speak uh we have sorry Steven Hobs Steven h67 Snapper Street St Cloud that's in the Turtle Creek subdivision Mr Mayor city council beginning in the first week of November the developer of the under construction subdivision of lakes side of Satilla at lingan R and Puffin Road began clearing the land of the orange GRS that were there in preparation for their new new development this was done by building burn piles I live across the road across Road from this development it's going on and for the first two weeks of November every single day including the weekends they were burning those orange trees this company Central Flor land Concepts was chosen to do the land preparation for those two weeks we received a tremendous amount of Ash and smoke over our neighborhoods this is some of the worst smoke I've ever seen in in my 15 years living in Florida after a few days of experience as I contact the Fire Marshall Mr Taun who was very interested in hearing what I had to say he investigated and and you see what was happening he called me back a few hours later and explained that the Florida Forest Service approved these Burns but he would check to ensure all the rules were being followed which he did Mr ton called me back and gave me supervisor's name for the land clearing and I contacted Mr Smith from Central Florida land concept who's a supervisor of this burn and he assured me his company would take every precaution to minimize the impact on our community Mr Smith even came to my home on November the 9th and saw the damage caused by the ash he also said he worked with us to clean up the ash from these fires I have contacted Mr Smith and his company several times over the last month and had no response earlier today I emailed the city counts the photos I wanted you to see the damage onto my home from these fires this includes my swing pool being covered in it my pump being broke my filter clogged I'm now getting estimates of $1600 from pressure washing companies and clean my house this is clogged my solar panels on my roof my gutters are clogged with it I start bring this recently plac pool to show show youall this evening what it looked like I sent you pictures of to see what it looked like now I recognize we we live in an area prone to forest fires I can understand we're unavoidable circumstances that create smoke and Ash but this is an unavoidable situation the Florida Forest Service manages without any care for their residents fires were burning on days when they were even there were high winds or even burning on the weekends days they were not authorized yes I did file a complaint with the 40 Force service the ranger did call me back to tell me they were looking at it but nothing was done this is called undo hardship for me and my neighbors many had breathing issues as the fires were burning with smoke and Ash covering our community I'm asking the city Council stepping sure this does not happen again I don't know what has to be done or enforced but I do appreciate the fire chief calling me today and explain to me what C responsibilities were I just ask the city council to take this into consideration when you this development comes before you you can finish up and U you got more time yeah um I think they're coming up tonight for the forther forther some development talk that they want to develop but I hope city council want task for cleaning up the mess they're creating in our neighborhoods I mean you look up and down my neighborhood in Turtle Creek all the has the roofs are black from that Ash and nothing's being done about it and I just hope someone can do something about because it's not fair to me to have to pay for it when they're they could easily haul that debris off and do something else with it thank you okay thank you Stephen uh city manager would like to would you like to address this um thank you I I know the fire chief looked into this earlier today um I think he can talk to you about a potential solution regarding a proposed ordinance we could consider okay chief Miller good evening Jason Miller fire chief um I did indeed talk with Mr Hobbs earlier today the Florida Forest Service does control the majority of Permitting regulations for land clearing burns with that said there are some steps the city of St Cloud can take and that by and large in past municipalities the forest service has supported once they are passed it would come down to we'd have to pass a resolution to ban any land clearing Burns and outdoor burning um we've attempted this in the past however um it didn't gain much traction from the dis or from other aspects of the city in the past um at your direction we could look into doing this I'm sure the City attorney has some resources he could help us out with some direction on the language and everything um by and large the Florida forest service has fairly tight parameters as far as what they allow for burning and the restrictions there on um some of those being has to be off of property lines by certain distances um typically it's 50 to 100 ft depending on the area um burns are supposed to be out at dusk I notice I say supposed to be sometimes it doesn't necessarily happen um but they do have mechanisms of enforcement in place for the certified burners who light those fires um the biggest issue is is if we don't know about getting called out there at dark or something like that we can't make those arrangements with forestry to go out and see it to in turn enforce the the actions um as for residents with respiratory illnesses or something like that the for for services made it perfectly clear that if it is causing a health hazard to people that there is the authority to pull the burn permit and to force the people to put the fire out so again if if we don't necessarily know those things are happening we can't address them and we need to address them real time unfortunately we can't do it weeks later all right thank you uh one quick question and maybe this a city manager if it was still agricultural property would that be allowed because I assume it's got the development rights for homes right it was approved it's approved development you mean for the the actual burning process right if that property was still agricultur I don't know whether the state would approve in any form burning for development purposes if it's just agricultural property correct so it's basically it happens all over the state all over oila County we get a report from the Department of Forestry um it's everything from Ranch Grove owners who are clearing out dead trees who pilot to you know Land Development going on the perfect example is look along the turnpike um for the turnpike clearing for the widening they're burning out there right along the turnpike you know we were probably got 20 calls to our com Center about brush Fires at night out there when it was the was the burns that's the reality um the biggest issue is if they're causing a nuisance we need to know about it and we'd ask you to call the non-emergency line if it's not life-threatening for that so I I think the mayor might be asking if agricultural has an exemption from not having to even follow an ordinance that we would propose correct yeah if they have additional they have additional privileges granted by the state of Florida yeah we'll have to look into that when we work on if the council's direction is to move forward with an ordinance that Chief noer suggesting we'll certainly do the research and we can look at that as show at agriculture in the ultural activity exemption May prohibit the city from enforcing that okay so agricultural lands most likely would still have their rights to do that I I don't want to affect those if we're going to move forward well as you know there's certain rights that apply to agricultural services but then inappropriately agriculturally Zone piece of property that's a Bonafide agricultural use so I can't tell you today whether this would be and I would ask as part of this ordinance that we include the ability to do a burn band in general currently we ride under oila County's waiver for burn bands when we hit drought reasonings I would ask for that we go ahead and include that in that ordinance as well okay how do we go about doing that do we just make a motion to move forward no we have enough Direction on that there's consensus I think from the board that that will work on an ordinance um all I will also reach out to the Lakeside at ctia um contacts and let them know they may not know that their vendor did this and made these promises so we'll see if we can try to bring some resolution to the property owner okay are they still burning right now is that is that still going I believe they're burning yesterday or the day before um there's more to burn out there let's just put it that way and I'll be in contact with um Mike facente the region six director for Florida forest service and see what I can do on that side and I don't know if someone from Lakeside at SAA is is here this evening it's just a first reading so probably not and Mr Hobs thank you for bringing that to us to our attention thank you for sending those emails thank you Chief Miller all right would anyone else like to speak during the citizens form on any item not on the agenda okay the next section of this meeting is the consent agenda I'm sorry you're working off of the old form now we're moving to remove to item one from Council action up this to read the all right we'll now be hearing Council action items one and four at this time Madam clerk please read Council action number one resolution number 202 24-26 r a resolution of the city council of the city of St Cloud Florida approving the settlement agreement agement with hickory tree industrial LLC to resolve the pending dispute under Section 7051 Florida Statutes related to the city council's denial of the 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 thank you uh good evening mayor City Council Scott David off Deputy city manager um this evening we'll be discussing the icory tree industrial settlement agreement uh this is new for both mayor Robertson and councilwoman um Paul uh as yourselves and me included were not here when this was brought before the council previously so uh there may be some new information in here for you as well just a little background uh during the November 9th 23 city council meeting the city council denied the future land use change from commercial to Industrial and the zoning change from uh Highway business to industrial 2 prior to November 23 the city had initiated a code enforcement action against the property owner to address the unpermitted concrete crushing facility and the applicant has challenged that denial and the pending code enforcement action under the Florida land use and an environmental dispute resolution act the applicable dispute excuse me the applicable dispute resolution process requires mediation before an appointed special magistrate City staff and the applicant participated in that mediation with the Magistrate on January 31st and March 4th of this year City staff and the applicant had agreed on a proposed resolution that the city council denied during the July 18th 2024 meeting and that resolution number was 2024-25 D 24r and as you see here that was the recommendation for the item that was on the January 18th meeting City tonight's city council meeting is not that item uh the item that is before you tonight is resolution 2024-25 R and that is for the consideration and approval of a revised negotiated settlement as recently presented by the applicant and staff's recommendation for this item is that the council act as they deem appropriate uh in the agreement the settlement terms contain within 30 days an application shall be submitted to Annex Pro the property Parcels 3 four and five that is adjacent to uh Parcels 1 and two that were included in the original applications and then within 30 days an application should be submitted to amend the land use and rezone all five Parcels to Industrial with a zoning designation of Industrial Park District I3 to be developed as a planned unit development excuse me planned Industrial Development within 30 days of that approval of the annexation land use and resoning applications the mobile concrete crushing operation will be moved from parcel one to parcel 4 the prior proposed agreement was 60 days they would then have 90 days to relocate the existing piles and relocation should be temporarily permitted prior to the approval of the required site development plan Andor the site development permit provided the site development plan is submitted to the city within six months and then within 30 days of city council approval the applicant will submit a building permit application to install a 6-foot masonry wall on the boundary of parcels 13 4 and five parallel to Hickory Tree Road along with Landscaping to be completed within 6 months the prior agreement that was proposed to council only required that wall along Parcels four and five code enforcement proceedings would be Abad including the incal of fines as of March 4th 2024 and then per the proposed settlement agreement the city would recommend that the daily accured fines be waved and the leans released on those code enforcement fines uh on August 17th of 22 the fines began acre at $100 per day and then on May 1st of 24 those fines increased to $250 per day and the fines would stop per the proposed agreement at $ 47,6 126 and that was as of the March 4th uh 24 the 2 mediation date the proposed agreement would then wave all code enforcement fines and if the fines did not stop for the proposed agreement as of December 12th 24 today's day the daily fine total would be elimination of interior open space requirements and then additional signage and then all uses in Exhibit C would be permitted and the trucking facility on parcel 3 may be relocated to parcel one additionally uh there are operational restrictions that are proposed in the settlement agreement and they would apply to the concrete crushing operation immediately as to its current location and after it's relocated those hours would be Monday through Friday from 700 am to 5:00 pm Saturday from 8:00 am to 2 PM at the current location and then 8:00 a.m. to 3:00 p.m. after relocation and it would be closed on Sundays Thanksgiving Christmas Day New Year's Day Memorial Day Independence Day and Labor Day and the crushing operations would only be permitted to occur Monday through Thursday from 8:00 a.m. to 5:00 p.m. and on Fridays from 8:00 a.m. to 4:30 p.m. the prior agreement that was before you in July had it until 5:00 p.m. and there would be no deliveries of material or loading and unloading of trucks uh outside of the hours of operation and the days of operation and the Machinery shall not be operated maintained or repaired outside the hours of operation additionally uh for noise mitigation uh immediately the noise from the concrete crushing operations on parcel one shall not exceed 70 I sustained for more than 15 continual minutes and after relocation to parcel 4 noise from the operation shall comply with the city's applicable noise code which will be coming before you later this evening dust mitigation all the piles shall be routinely watered at least every two hours during the hours of operation and additionally upon any request from the city additional watering shall be done as needed based upon the weather conditions and then no deliveries of materials or loading and unloading of trucks shall be permitted again outside the hours of operation outdoor storage other than operable Vehicles shall not be located in the front of the concrete crushing machinery and building and shall maintain a minimum of a 25- ft setback from Hickory Tree Road and any outdoor storage of material shall be screened with opaque fencing materials and any concrete cement rock or any material awaiting processing at the facility May remain on parcel one until the facility is relocated provided those materials are screed trained with fencing and staff's recommendation as I mentioned previously is that the council acts as the council deems appropriate and then this resolution 2024-25 one Florida Statutes and again here's a map showing the facility you you can see all five Parcels uh outlined on the map there correct and then uh their counil I believe is here for a presentation for the applicant thank you Scott uh would the applicant like to speak on this item that appreciate good evening mayor fellow Commissioners for the record Brent Spain theak and Spain 1809 Edgewater Drive Orlando Florida here this evening on behalf of hickory tree industrial LLC and Hickory Place Industrial Park Property Owners Association so I know we've got a few new council members so I and the existing council members have seen some of this previously but I did want to walk through a presentation on the matter uh you know the deputy city manager gave some good background information I would just want to provide some additional context to the proposed settlement agreement including how it differs from the prior one so generally on the slide that the star is the existing location of the facility on lot one and you can see this was the original platted property uh Mr and Mrs Wright acquired this property in 2004 it was platted in 2008 and lot one is about 2.61 Acres uh and then per staff's request back on a submittal related to this project it was revised to include track a which is the essentially the access road which is owned by the Property Owners Association you can see the aerial so just to put this in context the star is where the existing CND facility is located to the north of it is Mash Meer cement plant to the west of it is another cement plant and then to the Southwest is a truck parking facility that mrright owns and then north of mash Meer where you see a lot of uh disturbed land that's the OU site which now has been completed this is some of the existing City Zoning and again we're talking I've highlighted the existing site just to put it in context but you can see all the surrounding city property to the West is uh Industrial on the city's fature Lage map that's light gray on the left map and then on the map on the right you can see that all the property the west of the main site right now is zoned industrial either I I2 immediately adjacent or i1 and then I3 to the west and then same thing when you look at the county land use and Zoning again the existing County future land use on the left map you can see is industrial anything that hasn't been annexed into the city yet and then on the map on the right top right that's the County zoning so again you can see all the property to the West is Zone IG which is industrial General in Oola so some of the background because a few of you are new is this started originally back in the summer of 2021 our client met with the city planner at that time Mr JD Anderson and they were told that they could uh proceed with operating the mobile Crusher at that time on the property while the future L use map Amendment application rezoning applications went through the process so on the screen on the left and right those are the land use and Zoning applications that my client filed back in August of 2021 so the matter has been going on for a little over for three years and as you heard uh the deputy County Manager indicate the future Lanes change was go from commercial to Industrial and the zoning was to go from Highway business to industrial 2 that went to the city's Planning Commission in December of 2021 with a staff recommendation of approval this is an excerpt of that staff report but the staff report reviewed all of the uh 16 request required review criteria in the city's Land Development code and recommended approval of that project at that time it then came before the city council in January of 2022 again with the staff recommendation of approval and a Planning Commission recommendation of approval in the first reading as you can see that staff reports dated January 13 2022 and at that first reading the this rezoning and Lage change was passed 0 with a comment on the motion to work with the city attorney for performance standards to address any noise concerns prior to the second reading the next slide I know it's going to be difficult to read up there but the one on the left is important because the last time we were here I didn't have this email in fact we didn't didn't do a presentation back in July uh the City attorney took the lead on the presentation on the staff report but there's been much discussion about the code enforcement uh proceeding so you'll see on the top right bullet on January 13th and you have an email on the left hand side by Aaron sturk who was the transportation manager at that time for the city in her email she goes through and indicates that she had met with the applicant after the city council meeting at the first reading and had indicated to the applicant that it likely would not be heard on January 27th meeting and that it would be heard on the February 10th meeting and again this is in 2022 and in our email on the left it's the second highlighted part it says quote and I'm reading the property owner was perfectly okay with this as code enforcement does not have an open case on the property currently as they are awaiting the outcome of these hearings so the the applicant and the property owner was told by City staff that there would not be any code enforcement while the applications that were filed back in 2021 went through their entire review process surprisingly then in February of 2022 the applicant who was unrepresented by Lane East council at that time was told uh by City staff that they would have to do a updated application that they would have to seek I3 zoning instead of I2 zoning the applicant uh complied with that request as you can see on the left that's a copy of the uh updated application that was submitted in July of 2022 the applicant submitted an application to reone to I3 even though the city's zoning code has language in there that says you can't be zoned I3 if you're not at least 5 acres and my client's site at that time was not 5 Acres but the staff had requested it so my client did it August 2022 DRC development Review Committee issued uh a review comments that said they had no comments on that revised application then surprisingly in August 2022 as Deputy County Manager alluded to the property was actually brought to the code enforcement special Magistrate my client was hospitalized at that time did not attend that hearing so it's not surprising that a violation was found to exist but as indicated by the January 2022 email from staff it was always the applicant's understanding that no code enforcement would be commenced while the applications went through the review process in September of 2022 the applicant provided additional responses back to City staff and then nothing happened with the application it sat in March of 2023 that's when my uh firm got retained we did a public records request inquiring about the status of the application in the following month the new project planner Francine uh who's no longer with the city because I believe she earned a PhD so good on good on her uh she had reached out to us and said said well can you let me know which application you want to proceed under the original I2 application or the I3 application and we met with staff the City attorney uh the uh assistant city manager at that time in June of 2023 to work on performance standards for the project so the project eventually came back before the city council in October and November of 2023 and at that time staff a different set of planners reviewed it and recommended approval of this project at the October 12th meeting in November 9th so we've we' had four staff recommendations of approval on it and again on first reading on October 12 2023 the city council voted to approve the request I believe that motion was 41 if I recall correctly we end up having a community meeting on November 1st 2023 at the request of the city council we mailed out 96 meeting notices which is more than required by code and we end up having six folks attend that uh committee meeting and sign the sign in sheet there were a few extra people at that meeting who did not sign the sign in sheet on November 9th we came before the city council for the second reading and the city council voted down the proposal despite staff's recommendation of approval that's gets us to where we sort of are now so what my client did was they exercised their their right under section 70. 51 Flor statutes which is a alternative dispute resolution process it's really so that folks don't have to litigate it's so they can sit try to flesh out what the issues are and come up with a alternative development proposal so you can see the first page of our requests is on the left up there and we submitted that to the town and then the parties jointly select a special magistrate which is somebody experienced in Lan and local government and that magistrate is Miss Sher Suman who's a City attorney for many Central Florida jurisdictions she's a land use practitioner and as indicated we participated in mediation in January 2024 we did a second supplemental mediation in March of 2024 and then in April and May of 2024 the staff and the applicant reached conceptual settlement terms and that is what came before the city council in July and then currently our special magistrate hearing was was scheduled for next Monday December 16th but I believe through agreement of the parties it's in the process process of getting Le scheduled for January 27th to allow time to see what happens with the revised settlement uh proposal at the July hearing it's worth noting that staff recommended approval of the proposed settlement agreement and unfortunately at that time the uh former city council had voted no on that and there were a few issues raised during that hearing and so what we've done in the inter is go back and say how can we address some of those concerns and that's why you have a revised settlement agreement before you this evening and I want to walk through some of the changes one I was not aware that staff was taking a neutral position today that's what's on the right is a staff recommendation of approval because that's what was provided to us in a staff report and assuming that was the case my bullet point says that that would Mark the the sixth time that the professional City's the city's professional planning staff has recommended approval either of the original project or as modified so let's walk through some of the revisions the first bullet point is the same as previously our client agrees to submit revised development plans to the city within 30 days these would include a voluntary annexation an updated comprehens comprehensive plan Amendment application and then this is different than the or original original proposal it's a uh planned Industrial Development resoning so that's I3 and how this is accomplished as you saw on the aerial is additional County property is part of the submitt so you're bringing in the remainder of my client's properties so it would all be under the city's control so there's the advantage that the city gets to say and how it gets developed as opposed to Oola County so you can see that it makes a true Industrial Park with Parcels 3 four and five within 30 days we will relocate the existing mobile Crusher from parcel one to parcel 4 and I'll show the aerial that was shown previously in a minute that previously was 60 days so we cut that in half the material piles originally were to stay on the property under the original settlement proposal in July up to 180 days we've cut that down in half in light of the express desire to speed up the relocation to the new parcel we are immediately subject to Performance standards on parcel one during that temporary phase we've been complying with those anyways in the interim and then there are specific performance standards for the mobile Crusher when it relocates the parcel floor and then within 30 days of the city council's approval of those revised applications Hickory my CL or the operator would file the building permit application for a 6' tall masonry wall and again this instead of just being along Parcels four and five and a delayed installation along Parcels one and three now it will Encompass that entire stretch along Hickory Trail Hickory Tree Road which was a concern that was expressed back in July and then we'd have six months from issuance of that permit to complete that wall which would have a landscape hedge and trees every 25 ft there are limitations on the permit permitted uses within the PID and those are Exhibit C one of those prohibitions is there's no additional conrete plants or facilities allowed within the industrial project which was one of the concerns as well is we don't want to see another cement plant come there's already two of them there so we have committed to that also on December 5th based on discussions with the city attorney I did email an updated settlement agreement by which our client would uh pay $3,000 in the code enforcement actions to cover the city's investigative cost the City attorney can speak more to this but that's fairly common that those type of fines get uh reduced in fact in Orange County I just had a reduction from 33 $6,000 down to $1,500 but again it's so that the city is not out of pocket for uh magistrate Drew Smith's time and expense to the city and the expense of the the code enforcement officer so that actually is in the revised settlement agreement and then obviously dismissal of all the pending proceedings would end up occurring so this diagram was shown to you but this puts the proposed Industrial Park and again you're not approving this Industrial Park this evening what you're doing is approving a settlement agreement that would would then allow us to bring this application forward and it would be considered at a future public hearing but you can see Parcels one two three four and five uh would all become part of the city under this proposal so what are some of the performance standards these are the performance standards for Mash me the city issued to mash Meer Mash Meer approved and I want to just contrast them to what we're proposing Mash Meer has four conditions on their cement plant no deliveries of Aggregates shall be permitted between the hours of 11:00 p.m. and 7 a.m. two every effort shall be made to avoid the banging of tailgates of trucks between the hours of 11: p.m. and 7: a.m. three every effort shall be made to avoid backup beepers from going off on trucks and Equipment between the hours of 11:00 p.m. and 7: a.m. and then four the loading of truck shall be permitted at all hours without limitation provided it is in accordance with these performance standards so those are the performance standards the city agreed to for the mash me cement plant which is adjacent to our existing site and that facility runs 20 247 so our performance standards proposed as indicated we have hours of operation uh 7:00 a.m. to 5:00 P p.m. Monday through Friday Saturday and this is once it's relocated Saturday 8:00 a.m. to 3: the crushing operations actually start later they start at 8:00 a they have to be completed by 5: and then on Friday a difference between the prior settlement is we've shortened the time a bit more on Friday afternoon to ensure that no crushing is occurring when folks get at home from work there's no crushing operations allowed on the weekend we've committed to uh being closed on every Sunday and then as indicated specified holidays will be closed on there's dust mitigation something that I'm going to show a slide that we didn't have in July because again we didn't do a presentation but unlike Mash Meer we actually will routinely water our piles every two hours during the hour's operation or additionally if the city contacts us because of dry conditions the noise M uh noise mitigation you'll see no delivery of materials are permitted outside of hours of operation and days of operation so we're not delivering stuff at 11:00 p.m. at night it's within uh the routine work hours and school hours when most people are up and away from their house and then again no operation of loud mechanical equipment outside of our operating hour so they can't say well we're not operating we're not running the crusher but we're out here with the Jackhammer doing something else that's prohibited and then the outdoor storage we've committed again that it's screened and it's set back from Hickory Tree Road so again compared to mash Meer our performance standards I would submit respectfully are night and day and then here's so here's some of what we did initially so this is our existing facil highlight in yellow you can see there's a 500t circle around that existing location there are only five residences within 500 feet of that facility and then on the right you can see that it's separated by two storm water ponds and two uh mature vegetated buffers this is a visual looking back from our client's property to the east you can see in this picture across the stormw waterer pond on none of the houses are are visible from this angle uh to put some of the noise concerns and context we actually did noise readings last year when this originally was going on so you can see on the leftand slide this is the circle and red is where this noise rating was taken and it's 51.9 DB that's including all roadway noise on Hickory Tree Road two cement plants running and our our clients uh plant operating at the same time you can see at the Circle in red the noise meter on the right is reading 59.1 so to put that noise in context this is a decel chart so 51 debel borders on a quiet rural or quiet urban area quiet Urban on the high end at 59 and 51 one that would be on the high end of a quiet rural area and again that's a noise reading taking into consideration all of the background noise and our facility running there have been suggestions about dust and particular it matter uh this is for the new council members to see this but a citizen called in May of 2023 and claimed to the foror Department of Environmental Protection that this facility was not operating properly and the DP does not come announced and let you know they actually did an unannounced emissions inspection this is the report on the left and they do this now routinely and they've done inspections since then and you'll you can see from that inspection by neutral third party it's not our it's not our inspector that their particulate emissions in dust are minimal to non-existent from the crushing uh apparatus so now last time we heard a lot about that our client is causing the dust problems to the neighborhood to the East and we unfortunately did not have these pictures with us at the time this is the existing cement plant and this is when it's flushing its Flume so you can see in fact if you look even carefully lower around that Tower you can see dust D all around it but the plume shoots straight up in the air the suggestion that somehow dust from our clients watered piles is traveling across four lanes of roadway across storm water ponds and through a vegetated buffer I submit was not supported this on the other hand and these dust plumes being shot up into the sky the one on the right you can see how high up this dust is uh it looks like light gray in that picture this certainly could be leading to the dust problem that some of those neighboring property owners have complained about but to hold our client responsible for that I think is unreasonable and again we looked at the performance standards that are on this facility and our facility has already committed to watering their piles but our facility doesn't do this and this facility is allowed to run 247 creating noise and dust and the like and truck traffic there was also a suggestion at the last hearing that somehow our operator gets paid by the truckload so they have an incentive to essentially churn and burn trucks that's not accurate we don't get paid by the truck load um we have our own employees driving the trucks so that's some what I want to talk about in our last couple slides is the significant local impact of this business uh one uh we think has a significant impact and it greatly promotes infrastructure and businesses within the city the last time I conferred with the operator they had 23 employees consisting of six drivers three office staff 12 on-site employees and two owners and managers 10 of those employees are stcloud residents I think six or seven of them live in the surrounding CMI and aola County area from an environmental perspective perspective it helps keep uh old concrete out of the local landfills and allows it to be repurposed and then during Hurricane Milton some of you may know but CN contractors they didn't have to do this they didn't do it to get accolades they offered free sandbags and I understand I'm not going to have people in the audience tonight probably singing the Praises of this settlement agreement but there are people who are very very appreciative to this business and I'd like to read some of these because I I got them late this afternoon in response to when they offered the free sandbags thank you for this from a a St Cloud resident CN contract recycling thank you for helping my family and our community God bless you guys I hope Le local people needing cement work remember this act of kindness After the Storm Bravo thank you St Cloud serving St Cloud because of this I will use your services after the hurricane this is why I support and love local businesses thank you so much I in line now bless you they heard the cries and responded we made it and got some and they're encouraging people to come because CN D provided the shovels thank you CN D concrete you guys rock the 10 bags I just got from you will help my 87y old mom and she thanks you tried to tip it says they tried to tip and no tips would be accepted so again it goes on and on about them being a good corporate citizen in Cloud so I understand you're probably going to hear some things contrary to that this evening but understand that that was done in a time of need and when Oola County's uh sandbag locations were either closed or it run out of sand and then lastly just some of the local customers are very significant projects including the city of s cloud until this process sort of got in the weeds we were one of the city's approved vendor ERS and the city actually used us both disposed of stuff for free at our site and also bought materials from us so again we support staff's recommendation of it which we believed was approval for the proposed revised settlement agreement again the revised settlement agreement doesn't actually approve uh the revised development this evening but it allows us come forward to you all with that proposal and again three different planning officials in the city's planning department starting with JD Anderson Francine and then dag Marie have recommended approval of this project on multiple different occasions so again we we would love to get this matter behind us um we think this proposal does that and we'd ask for your favorable consideration of it and I'm I'm happy to answer any questions you may have all right thank you Mr Spain and we do have a number of uh citizens here in the the audience that would like to speak U before I ask you to come up I would like to say you know we're all neighbors here um I know Mr Wright's been here for many years I know many of you have been here so let's all just be respectful of each other uh first up we have Ken pinski thank you Mr mayor and congratulations on your re oh time's up time's up didn't even have time to say my last name Mr Mayor I'm Ken Pinsky I live at 2027 live o Boulevard here in St Cloud I moved here in 2007 when I retired from the Army uh this actually happens to be the 15th home my wife and I have been in and we plan it to be the the last because the next one will be a funeral home so we want to be long term residents here at St Cloud uh Mr Mayor I would just like to share some of the things that's happened over the last couple of years where we've we certainly have been against this our neighborhoods uh live o Estates has been against this project from the get-go uh I heard about the Dust uh I can tell you that the dust is definitely much worse since this new facility has started operating uh it's just uh it's just been pretty unbearable trying to stay clean over in the neighborhood uh previous meetings some of the uh some of the council members were remember that we had a uh a sound engineer come in and talk about uh controlling the noise and they're talking about putting up a six- foot brick wall to uh close in all sides the sound engineer brought facts and figures showing that uh it would take a a wall at least 30 to 100 ft tall I mean it's just unbelievable and uh talk about screening this from Hickory Tree Road so you wouldn't see it anybody that drives by that area you can look uh you look in that area and you see where a 6ot wall would stop uh the the Mounds of dirt and mounds of debris uh are very very tall uh they do do a fair job of trying to keep the street clean but even with all their efforts you drive down there you will see dirt in the road you will see fine gravel in the road and uh just the traffic on Hickory Tree is just unbearable already uh with ou recently moving into their facility over there with mash Meer being there and then all the neighborhoods that have been approved and built out uh to the South down Hickory Tree Road there's just an unbelievable amount of traffic going down that road and having these trucks go in and out uh this facility is uh is going to be making the situation even more uh dire uh I just uh I understand that six times professional staff members have recommended approval well that's the thing the staff members recommend it's a city council that's got to take in everybody's uh input listen to all sides of it but it is the city council that makes the final decision it isn't the staff member so I just want to remind all of us of that I thinkk thank you for your time and uh hope we get to keep seeing you here yes sir thank you very much next we have Jeff sheppler I'm Jeff sheer 20209 Spring Lake Circle I represent myself my wife and my elderly dad who owns the house at 2191 Spring Lake Circle this is the same song probably fifth or sixth verse um your decisions as a city council are longlasting you flubbed it on the Thompson Grove don't flub it on this one um I emailed all of you and I trust that you've read it because I don't want to re cover it I don't want to cover it again now but I would like everybody in the audience to raise their hand if they're from if they live on lioke Boulevard Spring Lake Circle or from Hickory Hollow that's an indication and I I think I can probably guess that all of them are against any changes to this property to allow CN to continue their Rock crushing um it seems like I didn't notice it today because I was uh away from home but it seems like every time before a city council meeting the volume of Rock crushing goes down and then immediately after after this meeting it goes way up and it's significantly louder than it used to be um speaking of the staff's approval or recommendation do the staff live in St Cloud I don't believe they they may now but I know that some didn't and they were REM recommending this um I would recommend that CND D Rock crushing or concrete crushing be removed that they have to pay 100% of their fine because their noise is the noise they produce is just horrible my daughter was uh got married in December and because of her venue maybe not being done in time we were thinking oh we're going to do it in our backyard we didn't want a wedding with Rock crushing Roar constant in the background um this Rock crushing facility that property there is no longer the edge of St Cloud it's getting pretty close to the middle of town um I'm one that does not handle White Noise well my blood pressure elevates this constant Rock crushing is like white noise we can't have the windows open in our house because we hear the constant Roar [Music] let's see I just would ask that you not approve anything that would allow cndd Rock crushing crushing to continue operation there and that uh they have to pay 100% of their fine thank you [Applause] Jeff next we have Doug maeni Doug methy 2028 live book Boulevard I I don't have a whole lot to say other than the past meetings we've denied it I really hope you deny it again um about the moving moving The Crusher 300 fet closer to somewhere else isn't fixing the problem it doesn't belong there at all so uh you know you can build a wall maybe a duck pond whatever you want to do in there it doesn't belong there and I I really hope that you guys deny it thanks right Steve Grooms Steve Grooms I live at 1902 um lewood Court Hickory Hollow and basically it just doesn't belong here guys I mean if you guys lived in our neighborhood what we what we live what we what we can hear you guys would not vote for this I promise you it's just it's it's just not a good thing all the traffic all those trucks it's just not a good deal that's all I got thank you Steve next we have skip Stowers good evening um I'm skip Stowers 221 Spring Lake Circle and here we are again for the third meeting um real quick quickly I sent everyone email so I don't want to get into this but number one this place is illegal it's not supposed to be there number one reason um number two reason the homes that are in this area were built way before this plant was allowed to come in the plant didn't come in and then we Built Homes around it um number three it's a huge pollution problem and a health concern with the particulates that are accumulated by breaking concrete number four it's un L unlike OU and unlike Mash Meer who had done a very good job to beautify the area I have pictures proof of how unsightly this is as this morning at 11 o' I'd like to give them to miss clockers I think I have to they're all dated and then I also have pictures that I did from an aerial view one year ago and then about six well about three months ago to show they have done nothing to improve this facility or make it look better or very little you may need to take off the plastic I think the photo is in plastic no okay next because my time's running out here um driving conditions are horrible they're getting worse we now have a Grace View School in which I talked to the principal there Mr Elvis urina um they witnessed two major accidents of the trucks coming out of this facility um trucks have low gears they can't come out quick there's too much traffic as it is on the road um very dangerous getting more so um this company's done nothing in good faith to do anything the city has asked them to do all they do is have meetings and are against anything anybody brings up number seven is the obvious one as of the last meeting they owe $80,000 in fines the city wouldn't be finding them if they're not doing something wrong now quickly I want to S um seek a solution and a conclusion that's my main reason for being here um this is a mobile facility I wrote semi but after listening to Mr Spain it's a mobile facility you can look at my photos everything has wheels on it including the Rock pressure conveyor belt that's the loud thing it has wheels on it in the last meeting he proposed to move it down 400 feet or whatever it is which doesn't do anything so he said it we could do it in two and a half weeks so that tells you it's mobile let's move it and from what I heard from him all they want to do is expand this facility here we go you can finish SK all right pardon you can go ahead and finish okay well I'll make it quick but um what the solution is to relocate this facility it can be done it was done in CMI when I had a business there for 43 years Rinker on Central Avenue and on Neptune Road the city worked together with them and they were zoned to be there and they got them to move their facility and the city helped that's what I propose that we do here I don't control your money but I would be in favor of waving the $100,000 fines for the cost of their relocation because nobody wants these guys to go out of business that's not what we're here for but it doesn't belong there and the very last thing just to think about that I don't understand you don't have to answer tonight but why are there no occupational licenses for this company to operate I mean I had to have them when I had a business and if they have them it should be a county and a city occupational license every year they should have that if they don't have it why are they operating if they do have it who's in the city and who in the county is issuing these permits and I'll be quiet thank you thank [Applause] you next we have Wayne Schultz Wayne Schultz I live at 2231 Spring Lake Circle I've been all the meetings and you guys have denied it all along and everything that y all asked him to do he hasn't done not the first thing the dust has gotten worse I mean my pool area I have to clean the filters in my pool every two weeks I used to have to do it every five or six weeks you can't open the windows in our houses I got a vehicle parked outside I wash it every week and every now it's I got to wash it every couple of days or it's filthy in sand and you any of you are welcome to come over and see what I'm talking about and I think if any of you lived there you'd all be complaining the same thing the noise the other morning 6:00 in the morning they were dump trucks were banging their Gates back there yeah I could hear it in my house and my windows are closed with the AC on it's just this thing doesn't belong there it belongs out there where the garbage dump is out in holy Paul or somewhere where there's no nothing around it you know it just it's just a poor poor thing and as far as Mr Spain I mean he tells you whatever you want to hear but it doesn't seem like anything's being done like he's saying it is so I just hope that you all stand behind what you voted before and don't allow it I'm going to skip take that money and let him move thank you well thank you Mr Schultz next we have Joe Marie HFI I didn't get a chance to contact all of these council members but the on I did I want to just thank you for your time that you gave back it was really great my name is Jo Marie Hill live in 1940 Jan Lan and I'm the one in Hickory Hollow that probably stirred the Hornets Nest because I heard the rumor that this was happened and thank to a county commissioner I was able to receive all the legal documents that was proposed what was going on and I was shocked I real estate broker been in business here for 36 years moved recently three years ago from CMI where I was born and raised and came to St Cloud because I would love the community of Hickory Holo the paradise that we have has started to change I get rocks constantly hitting my car on Hickory Tree Road which that's minor but I have Asma I can't open my windows in that subdivision that I wanted to do that it's really sad but I've got a real question that I'm puzzled about I talked to Urban and we spoke about the land use I asked him what the land use was because I know the county has land use and are we and I understand you're revising it but the land use that I saw was business Highway business I think is what it was is that right so how do you jump from Highway business to one of the worst industrial zoning how does that jump like that I don't understand it and then the other thing that just came to my mind is you have somebody operating in a business I have to have my occupational license for my office that's in CMI I had to have it when I was in St Cloud and for the county but how do you have a business that hasn't complied to the things that you told them to do but yet you're going to reward him and accept his tax-based other County property coming into the city and I agree this is not the time and the place for this type of hard industrial the last thing I question is I see dark piles of concrete isn't that asphalt and doesn't asphalt have the agrate in it that is cancer causing that we had the big thing that was down in holy Paul about the trucks carrying that coal ash it's when it's put into a asphalt it's safe from my engineering friend who lives in England as long as it's non-disturbed but W you start grinding that and crushing that now youve put that in the air for my lungs and my grandchildren's lungs and all the lungs of those children in the school that's across the street in Hickory Tree come on guys guys have a heart move this guy this is crazy that you're allowing this intense industrial next to all the homes and by the way we got no notification of this it's just by the chance that I stirred The Hornet sest and sent out lots of flyers and spent my day and my time and neighbors spending their money to frint Flyers so make neighbors aware they had no idea and Dey Hollow and we're the one who's going to be on four Tex right next do you see how the yard of the by five goes right there any he wants to put a cell tower up somebody needs to speak about that [Applause] next next we have John Harden hi uh John Harden uh 1340 Beachwood Drive St Cloud Florida uh also I'm representing my mother mother who lives on Jan land 15 but uh my since we had a a grandmother that spoke before I have an 83 year-old uh grandmother moved into Hickory Hollow in 2000 I built my house in uh 1992 raised uh four children and uh all went to AA Public Schools all graduated college One tech school and uh I didn't know the details on this uh I got the call from mom last night uh so I figured this is my first meeting I'm interested I appreciate every all the details that came from the LLC uh I guess one thing I would like to also understand you know I hear the mitigations for the noise I hear the mitigations for the uh the dust particulates what I don't know and I'm sure there's a study out there but is there any effect on uh the groundwater and uh drainage yeah we had uh representative soda here this uh earlier who talked about drainage problems you know in 2004 when we had the Hurricanes we never had any uh uh flooding issues we hadn't any flooding issues recently but I know people that Liv uh in bbll at 2004 didn't have issues I have a friend that uh in 2022 you know uh Liv right off o the parkway he moved there before there was Parkway major flooding couldn't live there for uh N9 months until that property was fixed so is there a study on those types of impacts I'd like to know and and as uh maybe they're not increasing production but if they're if they you know as he says CU he's just moving it what's the mitig or what's the restrictions to adding more so that you don't have more uh uh additional impacts and what's the margin of safety on that so so just curious would like to know that and if those studies are available I'd love to see it so thank you thank [Applause] you thanks we have Jennifer Torres hi good evening my name is Jennifer Torres I live at 2057 Live Oak Boulevard in fact my house is there so you're welcome to take a look if you'd like next to the parcel one um indicator on the board um my house backs right up to that small pond um we have a pool I can tell you that there's been dust and grime and dirt all in the pool the pool filter our air conditioning we have two children I have an 8-year-old and a 13-year-old that were both born with respiratory issues where we've seen a pediat p Pediatric Cardiologist and a pediatric dermatologist um so they definitely have allergies we also um have two canines at our home my husband is a city officer actually retiring very soon we have two canines detection canines that are frequently in the backyard um I'm also a local school teacher High School teacher right down the road so we've been here for many years we enjoy living in our home however because of that company and what has produced it definitely has affected our livelihood our home our property I can speak for all the residents there I mean and when I'm hearing everyone speak about noise I can definitely hear the noise clearly in the morning our school starts at 7:00 a.m. I have to wake up a lot early at 4:30 so I can get my kids ready get myself ready and get to where I need to be especially my husband with his work he has worked very early in the morning based on um his tasks and what he needs to complete for the day so I can tell you the noise is Way Beyond um any hour in the morning I would say everyone's asleep it's dark we can hear it um my concerns would be just the continuation of of letting it exist I know a lot of residents I I see this room crowded of so many people concerned but we live there we're there every day um unless you're driving there unless you're there visiting a friend you really won't know the impact of that but I can tell you being there night and day for several years now it has impacted our home it has impacted our family um and I just thank you for your time I appreciate your [Applause] consideration and Rebecca O'Neal I'm sorry this is this has nothing to do with this item it does it it's not no this is about C plane flight issue it it's about this okay is it trust me okay well I just see this CU that's we're talking about well that was kind of my notes for me to remember what to tell you I see that's fine yeah sorry I'm Rebecca O'Neal and I happen to have two homes that are affected by this scenario um we have a home at 1904 lewood court and by the way I'm there 247 the gentleman who said well we'll be doing this and this and most people are home I'm home 247 I'm a retired Oola County school teacher 25 years with o County school teacher I take care of my mom 247 she's 93 years old um bedbound and we're there 247 so we're affected by this um our other home is on Bullis Road 5125 Bullis Road when I I read the documents that Joe Marie sent to me that was PR there was in the settlement agreement a mention of a cell cell phone tower possibility I went well that wouldn't be good because you may not even realize this but on live live O Lake itself is officially chartered as a SE plane base my husband has an amphibious Lake aircraft at the Bullis Road location and they fly in and out other people fly in and out they have people constantly so a cell phone tower would be an obstacle for the aviation Community okay and I think that's a a big issue because I would love to see St Cloud more like tar where they have the sepl area and people come to visit and eat and have a good time in St Cloud um so I wanted to mention things that other people didn't mention uh me being home having two homes the cell phone tower and our wonderful community in Hickory Hollow is a home to Generations in the same family their children were raised there they've grown up they've gotten their education they've gotten married and they came back we have several families that the grandparents are there the the children are there and the grandchild it's wonderful I don't want to be run off for health reasons my grandson has asthma issues I want to take two seconds to thank you for your service because you're it's a great service that you're doing I can't even imagine filling your shoes so God bless you and be thankful no no I am thankful for each and every day but put yourself in our shoes that's all I ask do un to others as you'd have them do unto you thank [Applause] you all right would anybody any other uh citizen in the audience like to speak on this issue yes sir please state your name and address for the record my name is Jagger Grooms I live at 1902 uh lewood Court um and my main issue is they're talk about moving it from parcel 3 to parcel 5 to potentially avoid the noise for live o but if you look at parel 5 on the graph there there's literally a house right below the dotted line on part I mean that dude's backyard is going to be a concrete crushing plant so I mean and if you sure moving it to parel 5 might alleviate the noise in Live Oak which it won't but it's just going to create a new problem of making more even louder noise in Hickory Hollow cuz literally Hickory Hollow is right below that dotted line um and that's really that's really all I got all right [Applause] thanks all right if that's all citizens in the audience like to speak on this issue uh do we have discussion from Council I motion to move the process second I know you want to let Mr yes sir absolutely sorry mayor just just a couple things and I won't I won't bore you all up but I I do want to respond to a couple things there were remarks uh directed regarding your professional City staff as you all know the city staff doesn't review it because it's Randy Wright's project or it's Brent Spain's project they review projects based on the city's adopted comprehensive plan and Land Development code that's their obligation that's what they're hired to do and that's what they do do there was a com comment or a suggestion that somehow because some of them may have not been St Cloud residents that somehow they didn't review it uh you know competently I I would just admit that that's speculation but you know Hickory Hollow and liok subdivisions neither of those are in St Cloud you heard several people say we moved to St Cloud because of this and St Cloud both of those subdivisions are unincorporated they're in Oola County the remark about they couldn't have a wedding the conditions we don't operate the crusher on the weekends we haven't so that would not have come come into play there's a reference to the code enforcement order the code enforcement order from May is subject to an exact same proceeding as this uh alternative dispute process and it's been abated it's been put on hold since then there's been a suggestion that my client hasn't done anything that's been asked of them well in mediation the parties agreed to Performance standards to put be put into place immediately back into March since March of 2024 I have not received any call or my client claiming that we're violating those performance standards I received one email contact from Mr manzer saying that they had received a call that the crusher is operating on a day it wasn't supposed to do I immediately contacted Mr Wright Mr Wright went out there no concrete Crusher was operating and we confirmed that there's a suggestion that somehow we're out there at 6:00 a well that's news to me because CND blocks their driveway so that a truck can't physically enter the site until the facility is open so somebody couldn't be on the site at 6: a.m. uh banging the trucks and making noise again the banging of trucks and noise are the two cement plants who have no performance standards or when they can do that you saw the performance standards it says to the extent possible don't bang your uh truck tailgates uh Joan Marie I I didn't get your last name so I apologize she had comment she's a real estate broker and indicate that industrial is not appropriate on the property but somehow Highway business would be appropriate the site is surrounded on three sides by Industrial uses and on the for Side by a roadway I would submit that not a single Highway business would locate on that site and that's why it's been identified for this use it also is not the facility in its current location as well as its proposed location which is not the last speaker I think mentioned parcel 5 it's it's proposed to go to parcel four none of the sites either existing site or parcel 4 are adjacent to residentially zoned property they're adjacent to Industrial zone property storm water management that's part of the site development plan process so we would have to address that council members at that time and demonstrate that as you all know you hear people all the time uh post-development runoff can't exceed pre-development runoff and we'd have to comply with that uh a concern about expansion under the settlement agreement the facility if it relocates to parcel 4 it can't expand on any other parcel it can't operate on any other parcel and under the proposed industrial PUD none of the other Parcels can have a uh cement plant or concrete crushing facility you heard a suggestion that ever since my folks got there it's been horrible and mashed Meer and the other cement plant are great those facilities are much closer to any residential property than my client's facility and as we saw they shoot dust straight up into the air into the wind uh last couple points there was Claim about impacts at night and then we have these adverse nighttime impacts we don't operate past 5:00 P PM so we we can't have nighttime impacts if there are nighttime impacts again it's the existing cement plants and then lastly the comment about the cell tower um you know from my recollection we weren't even the ones that asked to have that in there and I see that it's is as a wireless communication Tower would be per a permitted use within the industrial PUD that doesn't mean it's on parcel four or five and it doesn't mean that we don't have to come in and ask for approval for it but I'm fine with just striking that sentence we have no plans for a wireless communication Tower and I forget it's it looks like it's in section two F little sub six so I'm I'm fine just with eliminating that concern so people aren't worried wored about that but again we we truly would appreciate your support we truly did try to listen to the feedback in July and say okay how can we speed up moving it how can we reduce the hours and what else can we do to help uh these concerns by expanding the wall all the way down the roadway so from Mash me all the way down to the southern parcel line of parcel 5 you'll have a uniform uh landscaping and wall so with that said I I respectfully ask for your Port settlement and I'm happy to answer questions all right Mr Spain you said that b andd blocks the driveway every morning yeah CND D Drops blocks their access driveway they don't block their roadway in but that at their access point they block it and they open it when they open for business where is that at not contractor Lane but yeah contractor Lane to be up coming off a contractor Lane so somebody want to be on the site before they're actually open okay and this is Zone Highway business correct C the manager yes this is I think that's probably where was that Miss Hil that talked about it being Highway business all right council members for discussion um I'm so sorry council member Fletcher uh your call yes we can do that yes yes sir come on up my name is Jeff pelli 2508 kaleywood Court I live in Hickory Hollow he says that the site is zoned or everything around it is zon industrial he's talking about parcel one they're moving it to parcel 4 next to parcel 4 to the west of it is residential south of it is residential across the street is a school so if he's moving it to parcel 4 to the west of it is is residential that's not even Zone commercial I have it pulled up right here so I don't know what he's talking about how it's going to be zoned resident or industrial all the way around it that is not correct thank you yes sir thank you Deputy Mayor F so I just wanted to say um thank you to the community for for providing your input I had the opportunity to speak to to many of you over the last uh several days whether by phone or email um thank you Warren jisa Megan Linda Michelle Rebecca Carrie Carol Tiana Joanne Jeff Daryl and Skip um I I appreciate the time um that you've put into this this is something that we all know has been ongoing for for quite some time um in the United States of America you have the right to buy a piece of property you have a right to develop that property but I also believe that you need to be a good neighbor and and a good citizen just because you have a Mustang that can do 125 M hour doesn't mean you ain't going to get a ticket um and I think that we all have to to abide by um you know the rules that we that we set and if you want to do something and there's a process that's defin for that then you should go through um that process um I don't see um any effort between the last time and now um from the applicant um it's the same that it's been I drive by it um quite frequently um and ironically you know the photos that you showed of the the the other plant show me a concrete crushing plant that's operating illegally that's what I see on the photos um and you know if if you start the process out and you come meet with an economic development team I'm sure that we have a bunch of economic incentives you know we want the 25 employees we want shoot if it was in you know in an area that wasn't you know um here you know we there's all kinds of stuff we could do to to help you out to increase it to 4050 uh uh you know employees and grow it um at this point um I don't think you know I in any way could could support this um and I also think that the city should look into injunctive relief to have the machine turned off at this point I don't and normally I would never ever say that um you know my my family you know we own property and we we've developed property and if somebody told me that i' I'd have a hard time with that but you know the the amount of work that has went into this is absolutely unbelievable um and you know like I said you have the right to own property but the folks in the audience have the right to quiet enjoyment of the property that they purchased um I know that there's going to want to be discussion but um I would make a motion for denial um with the city moving um for injunctive Relief um to have the machine turned off until the property is adequately you know zoned or however that needs to be uh um rewarded all right we have a motion on the table from Deputy Mayor Fletcher for denial and can I get a second on that and then we'll have discussion on that is that sure Paul she does but I think there's a motion on the table we can get a second and then we can have discussion before you take a vote can I get a second on on Deputy Mayor Fletcher's motion I second his motion we have a second from council member Gilbert and council member Paul um yes as a new elected official here on the council for 28 days I know this is new to well a couple of us and it's not new to some of us um and this is a lot of information obtained from last year I um would recommend a further continuance to gather all information from the residents as well as um all the data that we have pertaining to this agenda item because I mean I read it but it's so much information that you can't gather your thoughts in 28 days so that's my input on that okay and that's a recommendation uh we're still sticking with the motion that's on the floor do we vote on that and then I mean you could take a competing motion to continue the item if you wanted but um right now you have a motion to deny is that a competing motion are you are you making a motion or a recommendation that's there those you're just commenting on it just commented on it thank you so we have a motion to deny and uh second um I would like to thank the the audience to for and the citizens for coming out obviously we hear you uh I did receive all of your email emails and phone calls over the last few days uh I really wish I i' heard more outcry prior to the last few days because um it has changed no I'm no I'm saying I wish I mean obviously I I know it's not maybe not your fault it's well hold on I'm just I'm just making a comment here yes um sir no I I understand sir yeah I'm just making a statement let me make a statement please sir sir um I just want to say I do appreciate you coming out ing your concerns because this is a serious matter and and we're all we're all Mr Wright's property is kind of sandwiched in between two developments here I think pretty much everybody in the audience lives in lioke or in in Hickory Hollow and um I've been around here since 1982 and very familiar with both of those um with that being said I I do believe there is a place in this city for for some type of product like this I think it's a it's a recycling concrete is is a good thing I don't know that it it's definitely not at that location where it's at and and I don't know that moving it closer to another subdivision is the answer but but I do want to respect that that uh Mr Wright has been here for many years and he is he is a neighbor of ours in the city and I do want to work with Mr Wright on a solution here in the future I don't think that that hitting him with all the 100% of the code enforcement fines I think Mr Stowers uh mentioned that that's not necessarily the solution on this we don't want to um financially hurt somebody we just want to have a solution to this situation here right that's the so I'll go ahead and um go ahead and yield to Deputy Mayor Fletcher um mayor I believe you have a if there's no further comment then we would call for a roll call Vote Yes we will yeah y all right uh Madam clerk can have a roll call we have a motion a second council member Paul I council member Urban I council member Gilbert I Council Deputy Mayor Fletcher I mayor Robertson I motion carries 5- z Mr Mayor if I may just one quick follow-up appointment sub followup comment so since it's denial this was just a proposal to resolve the pending special magistrate proceeding so that special magistrate proceeding will Pro will go forward as Mr Spain pointed out we did agree to re to move the date from Monday to most likely to January 27th I just want everybody to understand on the council that this process is not the land use and rezoning and annexation process that you are used to seeing so the notice Provisions are spe are completely different in that sense and we will provide notice as required by the state statute for this special for this alternative dispute proceeding and they we will we are not required statutorily to Prov to provide notice that is similar to when you're doing a l use and a rezoning or an annexation thing but the hearing on the administrative hearing on on December 16th is not going to occur it'll be rescheduled thank you yes sir thank you City attorney mayor if I could before we move on to the next item I I wanted to go ahead and apologize to everyone in the audience for the air conditioning that has broke we we actually have had staff on the roof and unfortunately we will not be able to repair it this evening um so I I just wanted to to let everybody know that um we did acknowledge that that so and I apologize you mentioned that and they're all leaving yeah all right Madame clerk please read Council action number four discussion and possible action regarding the lakefront franchise agreement may can we can we wait just a second till all right Madam clerk Council action number four please discussion impossible action regarding the lakefront franchise agreement for operation of riverboat cruises with too Riverboat Adventures LLC all I believe we have Mr Bobby chrisp and the audience here would like to speak on this item city councilman mayor thank you for your time um I come here as an investor and also as a um point of contact for the Investment Group that has a significant amount of money invested into the Riverboat um obviously you if you have any kind of social media you understand the there's a situation with the owners of the Riverboat and they are currently incarcerated um since that has happened um the investors and myself have have been having weekly meetings we've had one we will have another one on Tuesday um we want just I'm just here to basically tell the city and the city council that even though the boat sits over there and it looks like nothing's going on behind behind the curtain there are actions being taken care of or taking place one of those is I have spok spoke in person to uh Mr Lawrence um while he's been incarcerated and he has given us a um price for the business um he's very very passionate about the whole entire boat and that his business so um the investors group was kind of concerned that he would not give up the sale of the business that he thought that you know whether he was dissolved of these uh accusations or not and he would still be part of it but that is not the case um he wants to do right and make sure that all of the investors are paid for what money is invested in there and um and also sell the business outright so I just basically come here to let you know that there there are things going on that you may not be aware of um that's that's one point the second point of it is uh Mr Lawrence gave me to my attention that there's a contract with the city it's due on the 15th of every month in the amount of around $100 and I believe that's for correct me if I'm wrong I'm not sure we were all silent partners so we didn't always get in the business of it but I did talk to him on a weekly basis um that the city has an agreement with his business to pay $1,100 on the 15th of every month and I'm assuming that some of that's with 's cost to get the power to where the the his vessel is located does anybody know about that yeah we can we can explain that okay so um what I also want to bring up tonight is as an investor I'm willing to write a check for the $1,100 for this month so that that permit does not or lease or whatever the agreement is does not get dropped in a sense because once we're able to find new owners whether that's the Investment Group or an outside source is in best interest of the city for us to get that boat back up and running especially the holiday seasons the snowbirds are here it's it's you know I'd like to think of it as a a a a um shiny point of St Cloud for tourism for people to come here and enjoy this natural beauty of the lake so um I feel that if that gets cancelled then it's going to be more even longer duration before we're able to get that boat up and running um the the um investors all agree that we do not want to have the boat operating until it is in somebody else's name um that's I mean to me that's common sense and that's what we're pushing forward to do so the second part of it is after informing you what was going on second part I wanted to bring to your attention was that um I'd like to see not that lease or con uh contract be canceled give us time I don't mind paying $1,100 out of my own pocket to make sure that it's continued so that way it's a smooth transition once either we take over it or it's sold to somebody else and then the third and last part is there is a uh Santa Claus Christmas chair um there's several I made a I made a post on social media um some of some of the investors thought it was a bad bad idea but I I think I try to look at it positive I think social media if it's done right can bring a lot of good and so with doing that I made a post through several uh local um organizations and and I've had a lot of people respond back to me I've had a plethora of people that want to be the captain if we decide to run that part of the business I've also had the accountant of this business Mr Lawrence's business reach out to us and she's going to attend our our um investors meeting on Tuesday so there's that part of it and then this this gentleman who plays Santa um he come to our attention and said hey I didn't get paid for the last time I did this event which we're going to pay him even if it's even if I had to pay him out of my pocket that's just the right thing to do and but his his Santa chair is on the vessel so I need the city's council's permission to schedule a time that I can go on there as a spokesperson for the investors group get this gentleman his his with law enforcement being there get this gentleman his chair back and get it to him and that's the right thing to do so I will need your help doing that as well which is common sense if you ask me so you have any questions for me yes um first Bobby I can't think of a better person that's going to kind of take the range of this try and set it back on track so we thank you for for what you've done to get this back on track um before we get into comments here his request about the Santa chair I was looking over at the police chief uh is there any way that you could get is there a letter of permission I think the city manager has authority to allow him under a super somebody a supervised access across city property onto the boat assuming he believes you have authority to get on and get that because the chair doesn't well that's what I saying if he has authority to do it I don't know he can't but the council can't give him authority to take the chair because it's not the council's chair and it's not on it's not on city property we can give him authority to access the boat but not authority to take that's what I need I just need access to the boat would like St Cloud law enfor at least one officer there as a witness to make sure that that's just me or maybe someone else I'm not sure how big this chair is get it off the boat and we can get it to the right person okay and where this goes from here I think maybe you discuss that with the city manager I think she can help put that together uh council member Fletcher I believe you were first um I just want to say thank you um this is why I love St Cloud so much is because obviously you know there is an issue and you got a group of St Cloud folks trying to jump in um and make it right um and you guys clearly see the vision um I do think between um I don't know everybody you know I know we we've talked um just like the the mayor had said I couldn't think of anybody else that could take this and uh make sure that it gets across the Finish Line it sounds like you guys are trying to get it up and running before the new year I was born here been here 48 years I love St Cloud um you know we've had a lot of trials and tribulations with growth and I I after having sitting here tonight there's no way in the world you're going to get me in either one of those seats up there I tell that right now cuz you can't it's really hard to make every everybody happy and I'm one of those neutral kind of type of people I try to make everybody happy and that's just not going to happen so you don't have to ever worry about me sit in any of you guys' seats but um I take um I want to take pride in St Cloud and I want to be able to get this boat back up it was not my dream it was not my passion but he did come to me with it and and present it to me and I was his first investor and I I thought he had great Drive was a great business model and it's still and I still think it's going to be a great business model we just got to get it in the right hands and get it run correctly and we can go from there and it's and it's and it's in the best interest of the city if you ask me um and in my opinion um just the comments that I have um I would be willing to um and uh Dan can help draft this up somehow um of maybe extending the I don't know if you guys have a presentation or comments regarding this um of extending the agreement while they're able to um get get all the legal taken care of is willing to pay the payment City's not out any money well you one of the things where currently the city manager under the rights on the agreement is issued basically a suspension of all operations of the boat and access of the boat through the from the city's property which is what it is this is a franchise agreement so the city manager had the authority to do that she the the suspension that was given to the to Tojo Riverboat Adventures which is the franchisee it's not Mr Lawrence it's the company uh was said to be until tonight under the theory that the city council was going to look at that franchise agreement and decide whether you wanted to terminate it or not under the rights of the agreement um if the council's inclination is not to terminate it tonight then we would suggest that that suspension be put in remain in place until a future agreement can come can could come into place originally we had thought if that were being the case that we could put together an agreement and work with with Mr chrispen and his group to come back with another agreement in your at your January meeting to be able to do that I don't know if you would if your group would be have the capability or the desire to operate the vessel between now and January 9th or not I don't think that that's going to happen that quickly okay so if that's the case then really what we could do is we could work with him we could come back with an agreement have it on your agenda for the first meeting in January and then we could um you know we can address this we would the agreement says that there's that the amount of money you're talking about which is about 1,200 okay and some OD dollars um that's supposed to be paid on the first of the month it's late on the 15th of the month well I'm I'm just not catching this so okay be with so there's a not that it matters it's it's in your situation as an investor it's minor compared to what's going on but there's a $100 late to you the 15 but so um city the city will clearly take your money right that's what say the city's taking all the money no I I can understand so um so but it is about 1,200 and some odd dollars so um but you can get with the city staff tomorrow if you want to fear that but our suggestion is then you let us work with Mr Chris we can put together an agreement um the easiest thing and I'm not giving you legal advice it's not my job to give you guys legal advice the easiest thing would would probably be for to see if you get in control of the LLC okay that has the contract you can change the name later on you can do all that but if you can work out an Orient with the manager the existing LLC to get control of the LLC then that's going to that's probably be e one of the largest um obstacles in this whole debacle is that uh Mr Lawrence and his fiance are the sole Proprietors of the business so we like um if one was not involved in this then we could deal with them it wouldn't be such a big deal but having both of them incarcerated it has is made it a huge challenge of course and I think our quickest and easiest for everybody is to get monies together in our group or to another buyer who have had several buyers reach out to me or potential buyers buyers and just get it out of their name and into our name and then and then that point we don't need to worry about his LLC we can get a new contract with the city I'm sure you guys are willing to work with us because that you just you just don't want that boat sitting up there you know and not being used so all right now council member Gilbert yeah thank you Mr Chris for uh stepping up to it I know time is of the essence of uh Santa's uh chair so uh uh because I'm sure it's he's losing money on that we don't find that and kids are missing out that opportunity so I don't know what legal Le we have to do to get him to get on boat and get the chair U my company had been on that boat a week before with our Christmas party and the chair was there before that so I know was there at two days before but I don't know after and and I don't want to be a lawyer but I guess I have to be um it is a little problematic I think it's going to be a problem respect to Mr Chris for the city to participate in any manner with the removal of that chair so tell me what I need to do and I'll make it happen well we can give you access uh I think we can say we can give it out but I don't I don't I wouldn't recommend that the city police department participate in that in any manner or any other employee with it the reason is is that is personal property that's owned by somebody other than the city other than you other than Riverboat adventures and um I just need to know who I need to talk to Mr probably right Mr lawen could give you if he can give you some sort of acknowledgement to do that um and then we can work with this the city manager and we can all work together to figure out okay a way to try to do then the police can't arrest you for taking it if you give you permission permission kind of I'm I'm not a lawyer at all my sus and my best friend is but uh a notary or something like that to get signed off on stop giving him advice I just I appreciate him doing what he's doing uh I for full disclosure I did give donations to that when it started but I am not an investor in that that I just donated for economic development uh properties I thought it would be a good idea but I think it's a good idea for the city too thanks for stepping up I can't give you any more advice on Council okay council member Urban uh everything's already been said I appreciate the effort to uh to uh make sure that the boat is revised and I will try to continue long I work a lot of night shifts too with Kua I will continue to try to go to as many meetings and keep you updated what was going on um what is the easiest way for me to communicate with the board and let them know what's going on the city city there we go so are we looking to do another 30-day uh extension on the suspension I since he's indicated there's no urgency to try to operate the the boat between now and your next meeting I think you could put this suspension in place until the keep it in place until your next meeting hopefully we can all we can get together we should be able to it's not going to be that complicated once you got a good path forward as to how you're going to handle your end of it all from the city's perspective we have the form of an agreement we can work on a new agreement pretty quickly and have it on your agenda in January for action and we can move forward very thank you all right we cons no we need we need a motion on just it would be a motion to to to um to continue to suspend the operations until the January whatever date meeting that is the I'll make a motion to that continue the to suspend operations till the next meeting second we have a motion from mayor Robertson second from Deputy Mayor Fletcher Madam clerk council member Urban I council member Gilbert hi Deputy Mayor Fletcher hi council member Paul I mayor Robertson hi motion carries 5 Z thank you guys really quickly so you know the balance is one $1,247 $1,247 that's not counting the $100 late fee okay thank you it's not late until the 15th though right that's correct is that okay so all right the next portion let's see we're going to move here the next portion of the meeting will be public hearings uh Madame clerk please read item number one into the record final public hearing for ordinance number 2024-25 Florida Statutes good evening this is D Mar Sagara uh Community Development U deputy director if it's the pleasure of the council and the mayor we would like to also H read into the uh into the record um I uh 202 2463 and 202 2477 go ahead final public hearing for ordinance number 20247 and ordinance of the city council of the city of St Cloud Florida assigning a future land use designation ldr lowdensity residential to approximately plusus 17 Acres identified as long residents located north of Nova Road providing for amending the official future land use map of the comprehensive plan following of the Planning Commission recommendation and proof of publication applicability and effect sub abilities copies on files and effective date final public hearing for ordinance number 2024 63 in ordinance of the city council of the city of St Cloud Florida providing for the soning amendment of the soning map of the Land Development code of the city of St Cloud Florida specifically changing the zoning designation of approximately plus minus 17 Acres identified as long residents from AC Agriculture and R-1 M single family residential County zoning designation to a agricultural City Zoning designation generally loc at north of Nova Road providing for entering the designation on the official Sony map following of the Planning Commission recommendation and proof of publication applicability and effect severability copy on files and effective date good evening D Mar Sara deputy director in this evening I am pres presenting an application for voluntary annexation a complain Amendment and a zoning and map Amendment for the property of located at 5645 and 56 55 Nova Road approximately 17 Acres the property is continuous and reasonably Compact and adjacent to the city limits and it's within the jpa The Joint planning area boundary of uh with semino County the existing County future land designation is low density residential and the existing zoning is AC and R1 M these two categories are um the R1 m is the mo is a mobile category that the um zoning that the county has and the AC is agricultural the proposed application is proposing a low density residential for the city future liion designation and an agricultural uh Zoning for this uh City agricultural zoning the development is compatible with the surrounding areas and has no adverse impacts into the city's facility this is the depiction of the location of the property in pink it that determines that the property is outside the city limits all the yellow around that it me the city boundary which means that it meets the statutory requirements for an voluntary annexation this is a depiction of the future line use map in the zoning map from the county as you can see the designation of the of agricultural and the land and low density residential is compatible with the area staff is recommending approval of all three ordinances Planning Commission recommended approval on November 19 and it is the council requested action approval of uh ordinance number 202462 for the annexation ordinance 202 24- 77 for the comprehensive Amendment and ordinance 2024 d63 for the zoning map Amendment um uh the applicant is here to answer any questions and I staff is available also to answer any questions thank you would the applicant like to speak on this item all right do Council have any comments I'm sorry is there anyone in the audience that would like to speak on this item and council member comments all right and can we get a motion on this on ordinance number 224 62 6 I'm sorry 77 and 63 we need separate motions on each one separate motions okay motion to approve uh item number one item number one we have a motion from council member Urban second second from council member Paul Madam clerk please call the rule council member Gilbert I Deputy Mayor Fletcher hi council member Paul I council member Urban I mayor Robertson I motion carries 5 Z all right can we get a motion on item number two motion to approve 20 2477 motion approved from Deputy Mayor Fletcher second second from council member Paul Madame clerk please call the role Deputy Mayor Fletcher I council member Paul I council member Iran I council member Gilbert hi mayor Robertson I motion carries 5 Z and can we get a motion on number three motion to approve 2024 63 motion to approve from Deputy Mayor Fletcher second second from council member Gilbert Madam clerk please call the RO council member Paul I Council member urin hi council member Gilbert I Deputy Mayor Fletcher hi mayor Robertson hi motion carries 5 Z all right Madame clerk please read item number four under the record final public hearing for ordinance number 2024 d64 an ordinance of the city council of the city of St Cloud Florida to Annex to the city of St Cloud approximately plusus 17.18 Acres identified as Eastside Park property located north of 10th Street south of Lake remedy St Cloud in accordance with the voluntary annexation provisions of chapter 171.000 44 Florida Statutes good evening again D Mar stara deputy director for Community Development this application in front of you is for an annexation uh request for a property located at 1310 East 10th Street approximately 17 uh acres in size is the pro the property meets the statutary requirements is contagious and reasonbly Compact and it's adjacent to the city's limits and meets the requirements of your jpa the existing County future line use is low density residential and the existing County zoning is agricultural this is the location of the property depicting the the um how is continuous to the property to the city um to the East and to the west and into the South sta is recommending approval of ordinance 2024 64 for the annexation of the property Planning Commission also recommended approval on November 19 and it is requested of this Council to approve ordinance 2024 64 um and this conclude my presentation I'll be available to answer any questions and I believe the applicant is here as well okay first with the applicant like to speak on this item yes yes my name is Steven with luxur development 4700 Millennium Boulevard uh just want to thank you for your time and I'm here to answer any questions thank you Stephen and would anyone in the audience like to speak on this item yes ma'am please state your name your name and your address please for the record Tammy Tammy Simonson 1844 overcup Avenue I live to the east of that um and so what does the annexation mean mean um for what does it mean in layman's terms all that it's annexing into the city of cyclo okay and so the Luxor what is their purpose of being here for this I don't know the step that they're at I believe the city manager can uh answer that so so um well first the annexation means that they want to be within the corporate limits of the city of St Cloud so that um any future development processes and proced procures will be coming through our processes instead of dealing with Oola County because they they abut the city limits so we have an agreement with the county so they have to come to us if they wanted to develop that property and we would have to go through this annexation process um the next steps within a year they have to assign a future land use and a zoning designation and then after that is um really I think when we would have a better idea of what they were planning on doing with the property property um and then there would be future potential plans that could be reviewed okay um because they did a presentation to our neighborhood about what they want to do with that land and then apparently they presented to you all last month plan they went to the Planning Commission last month they went to the Planning Commission and I I understood I don't know if that's correct that they were told no uh i' would have to um ask um Miss Sagara to address um what was presented and what the planning commission's approval so the Planning Commission vote was 4 to1 in appr on on approval of annexing the property into the city so there was one person who voted against but the majority was one member on the um on the for the annexation correct then ma'am you need to come to the microphone within one year they will have to come they will have to bring forward an additional application for future land use and a zoning before they can do anything else to do more of this yes you do didn't wasn't it great today well actually I'm gonna be on your Citizens Academy starting next month all right that's awesome yeah you'll probably see more a lot more okay thank you that's what I wanted to learn about this annexation thank you I'll give you my card also if you Mary I had a I wanted to make a statement a card ma'am ma'am Deputy Mayor flesher would like to say something um so if you do if you are living if you live right next door to this so if they do bring correct me if I'm wrong if they do bring back an application you'll be notified in the mail they'll be they'll they'll send letters out to you ma' we need to ma' you have to come to the microphone sorry so yes um we got notification in the mail a few months ago and then the storm we had a a hurricane so that got postponed anyway so we didn't get anything else in the mail but because I drive by it every you know when I drive by it I saw the yellow sign out in front of the property um so that's why I showed up this evening so we would do the notifications in the mail again we would also put a sign in the yard and we also advertise in the newspaper yeah nobody looks at the newspaper but they make us do that thank you is there anyone else in the audience like to speak on this no can uh any discussion from Council on this item yeah uh mayor um I just would like to say I'm fine with the annexation obviously um we had a really good discussion I thought at uh one of our previous workshops uh about future development on lakefront property and protecting our natural resources so I'll just be keeping a close eye on what the future plans are for this because I believe we need to be uh at the Forefront of protecting our Lakes natural resources in our CI so my only comment with that I'll make a motion for approval second all right we have a motion from council member Urban and a second from Deputy Mayor Fletcher and I'd like to go ahead and make a comment on that as well I do agree we need to protect our uh the land surrounding our waterways this was one I believe uh five six months ago I was actually on the phone with one of the council members here and I was on that property looking at it and wondering hey this would be nice to you know not develop everything on it but you know we're not going to be talking about that here tonight this is just annexing it in um so with that being said any other comments uh Madam clerk can you please call the RO council member Urban hi council member Gilbert hi Deputy Mayor Fletcher hi council member Paul hi mayor Robertson hi motion carries 5 Z Madam clerk please read it number five into the record final public hearing for ordinance number 64 Acres identified as palm properties located east of nusi Road north of East ear Bronson Memorial South of Lilian Lee Road West of puffin Road in accordance with the voluntary annexation provisions of chapter 171.000 44 Florida Statutes uh mayor council uh staff will be requesting if we can also read into the record uh ordinance 2024 72 and 2024 73 final public hearing for ordinance number 202 24-72 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 plus minus 1.64 Acres identified as palm properties located east of nusi Road north of East earo Bronson Memorial South of Lilian Lee Road and West of puffen Road providing for amending the official future land use map of the comprehensive plan filing of the Planning Commission recommendation appr proove of publication applicability and effects cability copies on files and effective date final public hearing for ordinance number 202 24- 73 in ordinance of the city council of the city of St Cloud Florida providing for the soning amendment of the soning map of the Land Development code of the city of St Cloud Florida specifically changing the soning designation of approximately plus minus 1.64 Acres identified as palm properties from AC agriculture to a agricultural zoning designation with low density residential future land use designation generally located east of nusi Road north of East ear Bronson Memorial South of Lilian Lee Road and West of puffen Road providing for entering the designation on the official Sony map following of the Planning Commission recommendation of proof of publication subil and effective dat good evening again dag Mar stara deputy director for Community Development this property in front of you is requesting annexation a comprehensive plan Amendment and a zoning map Amendment uh um on a locate on located south of Lilian Road um East sorry west of puffing Road um the property is approximately 1.64 in acres apologize for that the property is contigous and reasonably compact to the city and it meets the requirements of uh our jpa and the existing future line use Destin is low density residential and the existing County zoning is agricultural the applicant is proposing the feature line use of low density residential City and a proposed zoning of agricultural the development is compatible with the surrounding areas and no adverse impacts into the city's facilities this is the location of the property depicting the the continuity of to the city limits and and the location and the zoning and future line news designation that is compatible with the surrounding area staff is recommending approval of all three requested ordinances and Planning Commission at their November 19th meeting also requested approval city council heard a first reading of and recommended approval of this item on on November 14 20 of this year and staff uh requested action of approval of ordinance 2024 d71 for the annexation ordinance number 202 24-72 for the comprehensive plan Amendment and ordinance number 202 2473 zoning map Amendment I'll be happy to answer any questions and the applicant is here to answer any questions as well yes I have a question uh you reference it as a development do we have a lay out of what they're intending on developing on this no the applicant has has only expressed to develop two two homes and the property he was also advised that if that's the intent he will have to meet the requirement of the zoning that he's requesting requesting of agricultural um but at this time the uh the applicant has not provided any any uh development permits okay uh is would the applicant like to speak on this item anyone from the audience like to speak on this item and Council discussion and can I get a motion to approve item number five council member Urban can I just clarify so you said that the applicant is proposing to build two homes on this property during a preup application that we had earlier this year the applicant expressed that to build two uh single family residents um we um we explained to them that in order to do that and keeping the agricultural zoning he will have to meet the standards of the Agricultural zoning um he understood that but he decided to proceed with the agricultural as it stand the minimum loss size for an Agricultural uh property is one acre in order for the property to be divided into two acres you will have to have more than one acre in the property there's also a right away uh Dedication that will have to be given to for Lilian Lee improvements we explain all of that on pra to the applicant as well uh but he he wish at this moment because he has no direct plans to proceed with the agricultural zoning at this time okay thank you so you've informed him that it's impossible to put two homes on this we informed it that that he will have to meet the agricultural standards for to build in the two homes he can build one home under the the uh acreage that is available right now but if he wishes to build two homes in the property and divide the property in two he will have to seek a resoning is so staff's telling him that although he's going through this process it's the wrong process with his intentions of doing two homes on it right well he's his decided at the preab was that he he wanted to build two homes but then we explained to to him at the most you can have one home if you want to keep the Agricultural and he decided to proceed so we don't know if his intenti is later to actually divide the property in two and to be and and res or if if going with the option of just building one home well you mentioned if I may Mr Mayor you mentioned the is the applicant here he was informed at the to I mean this may be something that you want to continue until the applicant's here because he's the he or she's want be to answer those question seems like there's some confusion between the two because if he's moving forward with this but yet you've already informed him he can't do what he's moving forward on I mean we can approve this but he can't do two homes on this yeah so we wasting our time on this let's yeah I agree with Mr M Eris on this that um I'll go ahead and make a motion to to move to uh the January meeting is that appropriate yeah I'll second what would that include all including the annexation all three of them yes uh uh I'll make a motion for item number five uh to move to the J January meeting you can do it I'm sorry for like a motion like that you can do all three items that one all right I'll make a motion for item number five six and seven to the January meeting can I get a second second second from council member Urban Madam clerk please read the roll call council member Gilbert hi Deputy Mayor Fletcher hi council member Paul hi council member Urban hi mayor Robertson I motion carries 5 Z Madame clerk uh please read number eight item number eight into the record final public hearing for ordinance number 2024 d74 and ordinance of the city council of the city of St Cloud Florida to Annex into the city of St Cloud approximately plus minus 5.59 Acres identified as too Marine located north of Friar Cove Road East of Glenda Court and south of Cano Creek Road in accordance with the voluntary annexations provisions of chapter 171.000 44 Florida Statutes good evening we also would like to request to re on the record ordinance number 2024 75 and ordinance number 202 2476 final public hearing for ordinance number 202 24- 75 and ordinance of the city council of the city of St Cloud Florida assigning a future land use designation commercial to approximately plusus 5 .59 Acres identified as too Marine north of frier Coes Road East of Glend du court and south of Cano Creek Road providing for amending the official future land use map of the comprehensive plan filing of the Planning Commission recommendation of proof of publication applicability and effect cability copies on files and effective date final public hearing for ordinance number 202 24- 76 and ordinance of the city council of the city of St Cloud Florida providing for the soning amendment of the soning map of the Land Development code of the city of St Cloud Florida specifically changing the soning designation of approximately plus minus 5.59 Acres identified as too Marine from AC agriculture to HB Highway business zoning designation with a commercial futur land use designation generally located north of friers Cove Road East of Glend cour and south of Canoe Creek Road providing for ing the designation on the official soning map filing of the Planning Commission recommendation of proof of publication cability and effective date good evening D Mar seara deputy director Community Development the item in front of you is for an annexation and comprehensive plan Amendment and zoning map Amendment for a property located off of all can U Cano Creek Road approximately 5.59 acres in size the uh the property is contigous to the city limits and it meets the the requirements of our jpa the existing future land use for the county is low density residential and the existing County zoning is agricultural the proposed fature line use for the city is commercial and the proposed Zoning for the city is highweight business the development is compatible with the surrounding areas and it has no adverse impacts into the city's facilities the property to the the Norwest has an existing approved conditional use for both major repairs and vehicles for hire and the subject property will be an extension of that conditional use which will require an amendment to the existing resolution this is the location map depicting the continuity of the property to the city limits and this is the future line use designation and the zoning map designation for the county depicting the compatibility of the area with the commerci viral future line use in the zoning request is that recommendation approval all three ordinances as requested the Planning Commission recommended approval also on November 19th and the city council requested action to approve ordinance number 202 24- 74 for the annexation ordinance number 202 2475 for the comprehensive plan Amendment and audiance number 2024 76 for the zoning map Amendment I'll be happy to answer any questions and I believe that the applicant is here thank you would the applicant like to speak on these items good evening Joe ther 17 South Orlando Avenue CMI uh we do agree with the staff's uh reports and recommendation uh this is the the applicant owns the property next to it he has a an existing um Marina or Marine facility uh that does have boat sales and boat repairs and things like that uh this is planned for uh outdoor storage of boats uh right next to it and that site plan was submitted with the application so you all could have an indication of what the plan was and we're here to answer any questions you may have thank you and any citizen in the audience would like to speak on these items and your next name and address for the record sir uh Billy rocker 6128 Waterfield Way uh I'm the neighbor and we are in favor all right any council members like to speak on these items all right can I get a motion to approve item number eight motion to approve motion from council member Urban second from Deputy Mayor Fletcher Madame clerk please read the rle deputy mayor Fletcher I council member Paul I council member Urban I council member Gilbert I mayor Robertson I motion carries 5 Z and may we get a motion to for item number nine motion to approve motion to approve from council member Urban second from council member Paul Madam clerk please read the rule council member Paul I council member Urban I council member Gilbert hi Deputy Mayor Fletcher hi May mayor Robertson hi motion carries 5 Z and a motion for item number 10 motion to approve motion from council member Paul second second from council member Urban Madam clerk please call the RO council member Urban I council member Gilbert I Deputy Mayor Fletcher hi council member Paul I mayor Robertson I motion carries 5 Z thank you Madame clerk please read item number 11 into the record thank you very much final public hearing for ordinance number 202 24-8 an ordinance of the city council of the city of St Cloud Florida assigning a future land use designation medium density residential to approximately plus minus 3.27 Acres identified as Tracy Manor located east of Orange Avenue North of East 19th Street south of East 17th Street and West of Crawford Avenue providing for amending the offic the official futur land use map of the comprehensive plan following of the Planning Commission recommendation and proof of publication applicability and effects cability copies on files and effective date okay good evening um I apologize um we just notice that the presentation for the Tracy manner uh property is not in the docket um so let me I'm just our PowerPoint staff did not include it no all right so this request is for a um this requ is for a future L use designation for to medium density at a property located uh south of 17th Street and West of Crawford it is approximately 3.2 27 Acres also the applicant is reques a res zoning um from r18 to R4 on the same property are we also reading that second ordinance yeah oh sorry add that to it I wasn't paying attention um yeah give few please read final public hearing for ordinance number 2024-the of the city of St Cloud Florida specifically changing the soning designation of approximately plus minus 3.27 Acres identified as Tracy Manor from R-1 single family dwelling to r-4 multi family dwelling zoning designation with a medium density residential future land use designation generally located east of Orange Avenue North of East 19th Street south of East 17th Street and West of Crawford Avenue providing for entering the designation on the official Sony map of the filing of the Planning Commission recommendation improve of publication cability and effective date all right thank you um the applicant is proposing a resoning and a comprehensive plan Amendment for a property located on 17th Street and Crawford Avenue the property is approximately Point 3.27 Acres inside the existing future landine use of the property is low density residential and the proposed future landine use for this property is medium density residential the existing zoning is R1 a single family dwelling and the proposed Zoning for the property is R4 multif family the development is compatible with the surrending properties and no adverse impacts on City's facilities the property is contigous uh is contigous to the to the city um to the city limits and it and the requested future L use designation and the zoning destination is compatible with the area it is that recommendation of approval of uh for both ordinances Planning Commission recommended approval in November 19th of both ordinance and city council approved first reading on November 14 it is the requested action of this C Council to approve ordinance number 202 24-8 for the comprehensive plan Amendment and ordinance number 2024 d81 for the zoning map Amendment I'll be happy to answer any questions and I believe that the applicant is here all right thank you and would the applicant like to speak on this item good evening um my name is Angelica Rodriguez and I'm representing ool accounts F aging and they're located on 00 generation point and I'm here to answer any questions that you guys may have I'll answer to the best of my ability all right thank you no problem all right and would anybody in the audience like to speak on this item yes ma'am and please state your name and address please elae Sutton 550 East 19th Street in St Cloud um I'm not an official person or anything like this I don't know how this process works and I'm very intrigued and very grateful to all of you for giving me this time I basically um as a resident to whatever this proposal is uh that they're doing we're just being notified about it I'm just curious how this affects us and our Lake and our area as far as future what they're doing um for a little area that only has all water I'm just curious how this is being designated as a compatible area for houses when it's you know 10 to 12 12 fet of lake that pours into this proposed area that they're talking about so I don't know if I'm at the appropriate place or the appropriate venue for this because you're saying it's Annex whatever the legal terms are for it I just want someone to you know recognize that our little teeny tiny Community our little Benjamin estate you know Community is doing our best to keep that little area this the last piece of area that is Untouched by any development and the fact that I don't have no problem it's for elderly people I appreciate for what they're doing and everything I just want to know how it's going to affect our little Community how it's going to affect our Waterway how it's going to affect everything we've invested on our side on what they're doing I just want to be involved I just want to our community to have a say or have a voice as in how much is going to happen with all of this because it directly affects us yes and our teeny tiny budget we do appreciate you coming to speak my little two cents dagar can you please speak on this item yes um this uh this request is in collaboration with our um for the city for a CBD funds I believe for the uh osela County agent the osela county agent would like to expand we're not a partner in this application we give this we give them money but that's not a part of this yes so um with the Oola a aene um a Council of Aging thank you Council of Aging and they would like to expand the units that they currently have on site they have not pro they have not provided staff any layout or concept of how that expansion is going to work the the property on the back uh or the back of the property is uh buing um wetlands and a uh so they are will have to mitigate for that Wetland uh but at this time the Council of agent have not provide any conceptual plans to or any application for development for the property they're just seeking right now the entitlements for to be able to expand uh units for the um seniors okay so the property is potentially buildable yeah the yeah they has it has some uh they will have to provide a um survey indicating the location of the waylands and the buildable are area and according to the space that they have for the buildable area then they will have to create their design according to that okay and I'm familiar with Council on Aging they are good neighbors to the community so they are support themely in years ma'am ma'am yeah yeah you can come up and speak thank you I I I am totally for everything that they're doing I support the community in that I've worked in the medical field and I know how that plans work but I'm just speaking on a land you know basically the last little bit of stretch where I I got a few place left my deer the turkey you know it's just a little little Wildlife that we have left everything else is being built around us we moved here for this reason for it to be a small town but I get it business is business and progress is progress I'm wanting to go with that but I'm doing my best for my little community of 12 homes that I care about that little three acres that we have to keep it as natural as possible and if I can have any input on it as far as going forward anything that they do I just want a little input I just want to know what's coming so I can prepare my residents I can prepare the areas and I can know what's going to be destroyed or not or you know for the better or for the worse yes ma'am we do encourage you to stay part of the process that's we have council member Urban you so uh if I understand correctly once we have engineering and the site plan it would come back to us no no not depending on depending on what they're doing it would it would not come back correct correct because the development of R4 can be done through a site development plan okay council member gber uh Dan is this a question for her to ask the Council of Aging what their plans are with this I think it would be a if the typically when you have these situations the council will ask the applicant to get with the neighbors and give a good you know understanding that's what that's what good applicants do because they don't they want to be consistent with the neighbors their neighbors would be the council and agent correct right so I think you can ask Mr Gober frankly for the applicant to meet with the neighbors and govern I'm sure they will and I think there's even a board member sitting in the audience I'm sure he will help um keep you keep you informed app thank you you're welcome thank you all right and can we get a motion on item number 11 motion to approve motion to approve from Deputy Mayor Fletcher second second from council member Paul Madam clerk please call the role council member Gilbert hi Deputy Mayor Fletcher hi council member Paul I council member Urban I mayor Robertson I motion carries 5 Z and can I get a motion to approve item number 12 motion to approve motion from council member Urban second second from Deputy Mayor Fletcher Madam clerk please call the role Deputy Mayor Fletcher I council member Paul I council member hi council member Gilbert I mayor Robertson hi motion carries 5 Z Madame clerk please read item number 13 into the record final public hearing ordinance number 2024-the of ordinances chapter 24 environment article 3 noise control section 24-1 etet providing for cability codification and effective date good evening Melissa dunan director of Community Development this case before you tonight is for an amendment to the city's code of ordinances chapter 24 article 3 noise ordinance is amended and replaced in its entirety the purpose of the noise ordinance is to prevent and prohibit excessive and unnecessary noise and provide for the abatement and um I'm sorry provide for the abatement of the excessive and necessary noise excessive and unnecessary noise not only interferes with the quality of life of our citizens it can cause adverse psychological and physiological effects it can also cause accidents and other dangerous conditions this amendment adds a section for terminology standards and definitions it establishes the specific uses activities and circumstances which shall be evaluated against the noise levels and established time frames for operations it also establishes maximum sound levels and the method of recording the sound level measurement it it also establishes exemptions for emergency vehicles equipment and Personnel during emergencies City County state and federal government vehicles on duty public U utility vehicles activities or events approved by city council or approved variances yard maintenance or construction between 7 a.m. and 900 p.m. Motor Vehicles operating on public RightWay organized athletic events churches or community events between 7:00 a.m. and 10 p.m. if there are any conflicts in the code the more restrictive maximum level shall apply it also establishes criteria for enforcement um provided we we provided other remedies so that the city council or any substantially affected person may bring suit in the Circuit Court of the county to restrain enjoy enjoin or otherwise prevent violations and if you're like me I had no idea what enjoin means so I'm pretty sure that was a great word that our City attorney threw in there I Googled it and it means in struct um it provides the city's Enforcement Officers immunity from prosecution for reasonable good faith trespass upon private property while in the discharge of Duties it allows for city council to adopt additional ordinances as necessary to effectively administer this article and sound levels shall be measured along the boundaries of the receiving noise site staff recommends approval of ordinance number 202478 likewise it is requested that Council approve ordinance number 202478 and since this is a city initiated uh application I'm available if you have any questions all right thank you is there anyone in the audience who like to speak on this item and if not does council have any comments or discussion council member Gilbert yeah m dunin this is just addition to the to the ordinance we have presently it's actually a complete rewrite of the existing like as I as I read this and I read the the or so we're scratching it and rewriting we we scratched the old one and replaced it with this one okay and and the real reason is and M did a great job explaining it but you saw some of the ones related to the enforcement position that U options that tied it to technical readings of noise which is what this is intended to do um because the way the courts have interpreted this our previous ordinance basically had language in it that was too subjective to enforce this actually sets decel levels based on uses and and it follows technical standards and it would use objective data to prove a noise violation that that's what I thought thank you for both you response I you back all right and can I get a motion item number 13 motion to approve motion approve deput mayor Fletcher I a second second from council member Paul Madam clerk please call the role council member Paul I council member Urban I council member Gilbert I Deputy Mayor Fletcher I mayor Robertson I motion carries 5 Z Madame clerk please read item number 14 into the record final public hearing for ordinance number 2024 79 an ordinance of the city council of the city of St Cloud Oola County Florida cre dating and enacting chapter 28 offenses Article 1 in general section 28-6 public camping or sleeping of the St Cloud city code providing for finding purpose intent and definitions making the act of public camping and offense punishable by law providing for program implementation requirements and providing for enforcement and administrative procedures providing for conflict severability administrative Corrections codification public appliation and an effective date good evening Melissa dunan again director of Community Development this case before you is to adopt an ordinance to amend the city code of ordinances um for public camping uh a little bit of background uh Bill 1365 took effect on October 1st 2024 it was codified under chapter 125 Florida State statutes and prohibits counties and municipalities from permitting public sleeping or camping on public property at public buildings or on public rights of way within their respective jurisdictions this legislation creates a cause of action whereby on or after January 1st 2025 an affected member of the public can bring legal action against the city seeking damages for failing to act to prohibit public camping or sleeping therefore we are proposing the creation of section 28-6 public camping or public sleeping in chapter 28 of our city code this amendment establishes a definition for an enforcement officer which includes code enforcement or law enforcement officer it also defines public camping or sleeping to include lodging or residing overnight in a temporary outdoor habitation used as a dwelling living space lodging or residing overnight in an outdoor space with without a tent or shelter it does not include lodging in a registered vehicle where it may be lawfully parked uh camping for recreational purposes um were allowed it also prohibits public camping and sleeping under Section 28-6 B this amendment authorizes an enforcement officer to issue a written warning and if the person in violation does not leave leave within a reasonable time frame the enforcement officer May issue a citation if within 6 months the same person commits a violation on the same property the city May issue a fine up to $500 or imprisonment not to exceed 60 days this code does not apply when the governor declares a state of state of emergency in Oola County or other immediate adjacent County staff recommends approval likewise it is requested that Council approve ordinance number 2024-the ordinance due to uh the new statutory requirement thank you is there anyone else in the audience who like to speak on this item Deputy Mayor Fletcher um I just wanted to um re reiterate the fact that this was not a um the city is not saying hey we want to draft this this is something that that the city has to do because of um the new state law um so I just want to go on record to saying that and council member Gilbert secondly are this going to be enacted January 1st 2025 I know it took place but I didn't know when it was going to be so it became um the the house bill was codified and became effective October 1st 2024 the ability to um seek uh what's the word I'm searching for seek damages against SE damages against the city the cuse of action for a property owner doesn't occur until January 1st so we may ask one question to the police chief uh when it's called LLY parked I want to be able to explain to somebody that lives in their car that's May Walmart or Target or somewhere that's unlawfully is it not well if if you're saying it's parked legally in a parking lot then technically that's on private property that that's not for us to deal with um if somebody's living in their car there is it doesn't necessarily deal with that specifically uh this ordinance wouldn't necessarily cover that um so people it I think it almost has like a vehicle exemption if I'm not mistaken well it says public camping as Define does not include somebody living in their vehicle in their vehicle so they right so it has to be lawfully parked now if it's parked in a parking lot and someone decides to call us and say they want the vehicle removed that's a different story or they have every right to tow the vehicle from their own lot I'm sorry Doug gery police chief I apologize sorry you didn't know I I just may need that explanation later so thank you very much for giving me that explanation yes sir that include sleeping on the sidewalk on private property or on public property no this only deals with public property remember a private property owner has a direct immediate right to trespass anybody that's on their property and then if they refuse to leave there's legal ramifications for that so if you're on private property versus public property this is merely for public property so like we've seen many times when it's extremely cold and on the church steps you know a lot of churches allow to sleep there that's they're still allowed to do that on their steps that's their if they if the church wants to let them then yeah they can on a temporary basis I don't know if we really have that here I know Orlando they downtown Orlando they do we we do mayor we do and we're also adding uh we've actually come up with a pamphlet of resources that we plan on sharing to educate um people that are unhoused at this point so um that that's our goal is to more education get them in the right location right place um but unfortunately we do have to have an enforcement mechanism if we if we do need that which is why we're doing this and what I think is is clear about how this was drafted is it was designed to do everything we possibly could before arresting an individual who's under and um unlike some some of the other jurisdictions I worked in in St Cloud they really did a good thing the police chief and the city manager frankly working with Mr Gilbert um got reached out to some of the social service agencies and we had a nice little meeting before we ever went through this process about what we are want to do so specifically in the ordinance it requires the code enforcement officer or the police officer who first approaches that person to hand them information saying here's where you who you can contct these people for help and that's pretty unique in these in these ordinances that these cities are adopting now and chief I believe you shared that I think a preliminary yes sir that's correct there a pamphlet and we even we're doing a QR also so if someone has a smartphone they can scan the QR and they can get upto-date references so we don't have to continue to print them as well but we do have panf foots that we can hand to them that will have resources available um for shelters for monetary issues Veterans Affairs things like that so we have all the contact information in there and we can obviously work with them to try to get them to their their end where they need to be so this guy's awesome would you fly into the CPL base and run right in like we have a challenge Queen for you I appreciate that I appreciate that uh can I get a motion to approve uh item number 14 motion to approve motion second motion from Deputy Mayor Fletcher second from council member Paul Madam cler please call the rle council member Urban I council member Gilbert I Deputy Mayor Fletcher I council member Paul I mayor Robertson I motion carries 5 Z all right and this brings us to council action I'm yeah the council action section Madame clerk please read Council action number two discussion and possible action regarding proposed downtown Vibe projects good evening Council uh at the beginning of the meeting you had me tricked thinking Council action was going to move up to the to the front but I have to patiently wait for the next two items so uh project downtown Vibes I'm back again presenting this in front of the council for a new council members a bit of background uh the pro downtown Vibes encompasses a variety of oh sorry is strategic initiative administrator uh so yeah project downtown Vibes it's a a set of projects initiative that we put together in preparations for some leftover funds from the downtown re Rev ation project uh back in uh August city council meeting we put together a list of projects for the council that was sitting down and uh at that time we didn't exactly know how much money was going to be left over until after the repaving of 10 Street was completed at this time we Al actually have a figure to show you so bear with me I'm very bad saying the numbers in English but it's 428,000 377 left over right so project downtown Vibes uh the official list when we brought it forward we added a few more after that uh and took some out based on council's request consensus at that meeting but we were proposing the parking lot behind the hotel underground electrical uh wiring underneath uh New York Avenue street furniture and that is to be specific on Pennsylvania Avenue uh we also have an electronic Message Board Pennsylvania Avenue property safety fencing I don't know if you guys are familiar there's a a some compromising uh uh property over there the city is trying to do its best to protect and Pennsylvania Avenue lighting and protection which has come up multiple times uh we're bringing it Forward since publication of this agenda item as one of your many hats as part of the city council members you also sit in the CRA board last week it was decided to add the parking lot behind the hotel to be part of the uh RFP for the P3 parking garage uh so that being said City staff is recommending at this time that we remove recommending continuing building this temporary parking lot and not spend that money there with the notion that is going to be put it forward for development anyways so what we're asking here tonight is to move forward with proya downtown Vibes scratching the downtown um as part of the downtown Vice project but scratching the parking lot behind the hotel and staff is here to answer whatever question the council might have and we just seeking the approval of Bytown vies project list as presented all right thank you and city manager M thank you um I just wanted to to highlight the the real purpose for coming up with this list of projects when the city council uh decided to remove the bricks and move forward with asphalt you know that that was a saving to the project and we felt it was really important to return that money back into another way to benefit the downtown so I I just wanted to to highlight that I also wanted to explain to you um the $3,000 regarding the fence um there's a um property owner U Mr Alan pin on Pennsylvania Avenue I think some of you have spoken to him but um the new members may not have had an opportunity um he brought to our attention immediately um that his balcony um goes over the sidewalk and he has some support beams that he is concerned are at risk for a car hitting um when they're parking and um was asking if originally he had asked if if we could um put up fencing like the like the um movie theater at the time we worked and and we actually worked with him to put the big planters in front um because we thought those things are so big we used heavy equipment to put them there that nobody would um that they would protect his his building and and uh draw some landscaping and and be a nice amenity and um there was a a group of um a biker club that they all picked up those Planters and moved them so we've decided we need to do something a little more permanent so I $3,000 seems like an easy way to to help him protect protect that so um I just wanted to highlight what that was since it is a historic building okay and that is the property at 11th of Pennsylvania it's one one property East it's on the east side right okay and you're saying that we put some planners so we're talking about taking up a parking spot to there is not it's not parking there um because of those pillars and um and there was a storm water great if I remember correctly um so it was not supposed to be parking um but people keep treating it as parking and then the motorcycles are the ones who I I I think they keep trying to use it um and and those those provide just as much of a risk to his structure so we're trying to prevent anything okay council member Gilbert D taking away the uh the 150 will we be able to afford everything else uh correct and I believe the the intent is to com back later with any additional project that we might find to complete the the amount yeah and that's good I walked over that fence the thing about those that planer boxes if you just til them they roll that's when you say fence what what did that so we're going to be doing kind of the raw iron fence that's in front of the movie theater that stops children from running into 10th Street like it it's that same um that is what I have been told by staff that's the same thing that we're looking to do are you okay Mr manzer you got a bug I have cough drops all right all right can I get a motion to approve the council action number two counc I'm I'm so sorry just want to make sure we're good we have a motion from council member Urban was there any public comment oh I'm sorry any public comment on this item I don't is there public comment on these time I don't know but the attorney walked [Laughter] away it's it's up to okay no public comment uh we have a motion to approve from council member Urban second second from council member Paul Madam clerk please call the role council member Gilbert hi Deputy Mayor Fletcher hi council member Paul I council member Urban hi mayor Robertson I motion carries 5 Z all right and Madame clerk please read Council action number three into the record discussion and possible action regarding the proposed legislative ask list all right last but not least the 2025 legislative ask list uh this is a yearly process that we do with our city council in preparation for our state and federal legislative cycle uh the projects that are going to be presented to you tonight were vetted and consultation with our silly City lobbyist they have been determined to have the best chance of making it through the grind of the legislative SE sessions as well as are by internal policies projects that are actively funded or partially funded in case we don't get the full ask we are not scrambling to find money somewhere so under the effective Community safety key Focus area in our strategic plan we're proposing uh three uh Appropriations for this upcoming uh legislative cycle starting with a new fire rescue vote for our fire department uh East Lake too daming system and the Hopkins Park store waren system uh as our proposed project for this year's legislative ass cycle staff recommends approval of this uh short but Mighty list and we are requesting that the city council gives this blessing as well and I'm here to answer any questions you might have thank you is there anyone in the audience like to speak on this item all right and Deputy Mayor Fletcher um I just like to make a real quick comment um thank you to staff for for putting this together um and then also it's always nice to see uh Hopkins Park um anytime that comes across my screen um it makes me happy so I'm glad to move or I'm happy to move forward with what uh staff has uh proposed here and city manager Miller I just wanted to add that we'd like to prioritize one and three the East Lake too daming system is is our is our last Choice um we typically only take two requests forward so I I would like you to support them in that order one one one three and then two okay perfect make three two and now this is the uh through gray Robinson but what about through Ola have they determined what issue so the the way the process has typically worked is we decide what our priorities are um I will have an Olay meeting and at the Olay meeting I have to get support from the members of Olay on a city project um I would assume the fire rescue boat would be an Olay project because it will benefit all of the governments because cm is on East Lake too the county is on East Lake too and the school district even has property on East Lake to I've brought projects forward before where I was told but that didn't have any any connection to them so so we tried hard to find something that hopefully they could get behind can I ask the the fire chief please speak on this fireboat um our Jason Miller fire chief our current fireboat is a 1988 Boston wher um I don't even think some people in this room might have been born around that time but um for those of us that were was a good year I guess I think Buffalo went to the Super Bowl but um I digress uh this is basically phase two of the fire rescue boat phase one is being handled through the cpdg block grant money that we received so this would be we're asking for saying we already have the the first half and we're asking them for a match um we are long overdue for a full service fireboat that we can perform rescues off of without having to list people up over the side of the high gunels we are planning on having a fire pump available on that boat um larger than normal it will be able to do a regional response in time but we would if we're looking at eventually keeping it down at the lake full-time for a quick deployment as it currently sits we have to load the boat onto a truck run it down there deploy off the trailer into the lake we lose a lot of time doing that as you can imagine having a boat house long term down there with this on a lift going over pressing a button dropping the water and off we go um could save some lives so that's what that's what our end goal is all right with a boat house would that also house the police boats we could do a joint use we'd love to we'd love to do it both down there public safety but that's not in this grant it's not in this grant I'm I'm giving you the big I'm giving you the big long-term picture is is we would have a boat house that we would be right next to each other press the button and we'd both be out the door very cool when we'd look a lot cooler than bayw [Laughter] watch who's Hasselhoff [Laughter] here and can I get a motion on Council action number three I um move to approve it uh being 1 three and two in the order of of of requests please all right we have a motion from council member Gilbert for order 1 three and two I second and a second from council member Paul Madam clerk please call the role Deputy Mayor Fletcher hi council member Paul hi council member Urban hi council member Gilbert hi mayor Robertson hi motion carries 5 Z right and the next section of this meeting is the first reading and introduction section uh the next items on the agenda are ordinances for the council for first reading an introduction for the sole purpose of the council to authorize the publication of the ordinance for a final hearing the council will not take final action on the item tonight if you have questions on these items please see City staff in the back of Chambers full present ations and public input on the ordinances will occur at final hearing at which the council will consider final action Madame clerk please read item number one into the record first reading and introduction for ordinance number 2024-25 Acres identified as T Santiago located east of Orange Avenue North of East 10th Street south of East V Street and West of Rosell Avenue in accordance with the voluntary annexations provisions of chapter 17144 Florida Statutes all right can I get a motion for approval ordinance number 2024 d82 motion approve we have a motion from Deputy Mayor Fletcher second from council member Urban Madam clerk please call the RO council member Paul I council member Urban I council member Gilbert hi Deputy Mayor Fletcher hi mayor Robert hi motion carries 5 Z Madam clerk please item read item number two into the record first reading and introduction for orance number 202 24-8 3 in orance of the city council of the city of St Cloud Florida assigning a future land use designation of Park and open space to approximately plusus 6.61 Acres identified as Hopkins Park improvements located east of Orange Avenue North of East 17th Street south of East ER Bronson Memorial and west of Crawford Avenue providing for amending the official future land use map of the comprehensive plan following of the Planning Commission recommendation and proof of publication applicability and effect stabilities copies on files and effective date and can I get a motion for the approval of ordinance number 202 24-8 3 motion to approve motion from Deputy Mayor Fletcher I a second second from council member Paul Madam clerk please call the role council member Urban I council member Gilbert hi Deputy Mayor Fletcher hi council member Paul hi mayor Robertson I motion carries 5 Z Madame clerk please read item number three into the record first reading and introduction for ordinance number 202 24-8 in ordinance of the city council of the city of St Cloud Florida providing for the Sony Amendment of the Sony map of the Land Development code of the city of St Cloud Florida specifically changing the Sony designation of approximately plus minus 6.61 Acres identified as Hopkins Park Improv movements from a agriculture to P professional R-1 a single family dwelling and r-2 single and two family dwellings to O open space and recreational zoning designation with a park and open space future land use designation generally located east of Orange Avenue North of East 17th Street south of East earo Bronson Memorial and west of Crawford Avenue providing for entering the designation on the official Sony M filing of the Planning Commission recommendation of proof of publication subab ility and effective date all right can I get a motion for the approval of ordinance number 2024 d84 motion to approve motion to approve Deputy Mayor Fletcher I second second from council member Paul Madam clerk please call the role council member Gilbert I Deputy Mayor Fletcher hi council member Paul I council member Urban hi mayor Robertson hi motion carries 5 Z Madam clerk please call item number please read item number four under the record first reading and introduction for ordinance number 202 24-85 and ordinance of the city council of the city of St Cloud Florida establishing on the proposed property known as lake at Satilla and F further sorry describe herein and recognizing the Lakeside at Satilla Community Development District created and chartered by uniform General law the uniform Community Development District Act of Florida Chapter 190 Flor statutes 2001 and Hereafter acknowledging the uniform District Charter expressed in sections 19 0.006 through 19 0.041 Florida Statutes and as referenced and provided by section 19 0.044 section 4 Florida Statutes and confirmed by section 18931 Section 3 Florida Statutes establishing the district on the property proposed in this petition and designated the initial members of The District Board of Supervisors and recognizing and designating the powers of the district providing for subil and effective date and can I get a motion for the approval of ordinance number 202 24-85 hold on hold on see do you have something oh there's no readings on these or no there's no public comment on these right that's correct that's that's your process I'm sorry very good I'll second the motion uh who made the motion to approve no I don't think you made a motion to approve you did Deputy Mayor Fletcher uh made the motion to approve second from council member Urban Madam clerk please call the RO Deputy Mayor Fletcher hi council member Paul hi council member Urban hi council member Gilbert hi mayor Robertson hi motion carries 5 Z I apologize no you're fine we give claudy a second to are you good okay it's a lot to read the last one you you're powering through it I'm like a be Mile with the number all right first reading and introduction for ordinance number 2024 d86 an ordinance of the city council of the city of St Cloud Florida amending chapter 2 development process procedures and permits Article 4 subdivision plan sections 2.4.1 through 24.12 of the Land Development code to update procedures for plating and vacating of East ments providing for cability conflict administrative Corrections codification publication and an effective date and can I get a motion to approve for the approval of ordinance number 202 24-8 6 motion to approve motion to approve from uh Deputy Mayor Fletcher second from council member Urban Madame clerk please call the role council member Paul I council member Urban I council member Gilbert hi Deputy Mayor Fletcher hi mayor Robertson hi motion carries 5 Z all right and next section City attorney do you have anything to I do not have anything Mr Mayor thank you very much I than wish everybody a Merry Christmas yes sir Merry Christmas to you and city manager Miller uh I just want to also wish everybody a Merry Christmas um thank the city council for coming last weekend to the tree lighting and the parade it was a really busy weekend but it's the best weekend of the year in my opinion um and I think I may have individually told told you but I'd like to make sure I tell you all as a group that we we have heard that Spectrum was going to come to our New Year's Eve party on um New Year's Eve and we'll be broadcasting from St Cloud throughout the evening so we're going to have some opportunity for some great exposure for a lot of the projects and the things that we have ongoing so really big kudos to our Communications Department for making that happen and also um all the people that are working on that event it's going to be spectacular I think there's a council member that was given uh permission by the city council previously to be on that planning committee so maybe he can give us a a sneak peek when it's his turn to speak um but anyways I just wanted to say thank you that's all all right thank you and council member Paul um I wanted to publicly say um the other day I text Chief gerky and let him know know about one of his officers being a good neighbor was helping a Community member out um their car car had stol out and he literally was pushing the car into the parking lot so wanted to Rave about that and I did text him to give him his Kudos and I also seen him earlier today or yesterday and let him know thank you so and Merry Christmas to everyone thank you council member Urban uh last council meeting of the year just want to uh ref and give my thanks to everybody here at the city staff uh for making our job easy we've accomplished so much this year and I I really do look forward to working with this Council and with our city staff uh in the in the next year in 2025 wishing everybody a Merry Christmas God bless and we'll see you at Rock in the cloud council member Gilbert I don't want to be a grinch but today during that meeting uh with hickory tree I thought there was some heckling going on in littleit it could have got a little Rowdy I don't know how maybe I ask you how we control it it's not a bad thing but the the Pres presenter was going up and they're yapping in the back and then they're clapping after every presentation which you I'm okay with that but the order of this U of this Council needs to be in order so I don't know how we deal with that or handle that again I I don't mind people being excited they show up they come they take time out of the schedule but also the presenter that time they were heckling him too so I don't know how we address that in the future but well it's me if you call POR of order then I'll address it oh is that what I yeah just call point of order mayor and I'll yeah that's how he control he controls the Quorum and the meeting that's point and there were a few times that did get a little I didn't you're right I tried to address that ahead of time be respectful I thought there were times that emotion that just takes place but I I just the where we're at here as a professional setting to continue to keep it that way but uh again I know people are emotional I mean you see how many people show up just for that so you know I appreciate the C take time out their hand so I I'll ask you next time I just do that uh for the uh New Year's I was I uh advis on the committee uh however it's going to it was mid year so there'll be some things this year but we're going to build on that success for the next year in starting January 2 of 2025 we will be uh launching a better ad campaign of a better sponsor campaign a better step and repeat campaign because when you get halfway through the year a lot of those sponsors have already spent their money or allocated that money but if we're going to start maybe we can put different signs up uh for me me and things like that because let's let's face it we get 7,000 people down here and you tell the the toy show that lego land that comes to n that comes to her Park we get that sponsorship we can do a lot more with that money in the city so we looked at and we met with the staff which does a great job I think Parks R does a great job uh the one gentleman's been doing it for years but we've also talked about and this sounds pretty weird but if you look at the side of the building that's East a lot of people Park and come there we can put banners on the side of the city hall that welcomes them sponsors with me and things such as that which will add additional Revenue uh we spent $25,000 I say last year I'm so sorry I I I I can provide that information I know I've provided it previously top my head but when we did the math there was over 300 some thousand do c and that one thing so that's great for our vendors how we convince those vendors to continue that m m Mr Gilbert um could you speak into the microphone because the the anybody watching cannot hear you unless you speak into how we get the the the shops to stay open a lot of them say because of bathroom issues and stuff like that maybe put different bathroom but there's sponsorships even in those restaurants that the people could sell tickets for $50 you go in there and eat and then come see the show so we'll be working on that more uh January 2025 than we did because of the time conf frints and the budget conf frints within the uh people that we look for sponsorship for so that's the update I got it will be nicer this year it will be nicer next year and we'll continue to grow cuz I believe like they said that um the parade was 10,000 last year 12 I think there was plenty more than that this year just by headcount so I believe that that the rocking and cloud and my response I got back from keeping local bands here was a huge yes versus bringing in a big Talent which we did which I thought Uncle Cracker was great at 50,000 but if we spread that love around to Silk wood and things like that and Spanish bands and rock bands and Christian and just make it an event so that's what we're looking at doing to make it make it not just the nighttime but Mak it another event because I think St Cloud's the best place for events it's it's built for events I think they've had super villains in the past Super Villains and think yeah just just different for every every Walk of Life to be able to listen to to those and I'm a mtown guy myself but that's just because I was born in 60 some i i i yeld back merry Christmas everybody yeah Merry Christmas and deputy mayor Fletcher um I got just a couple things um first of all thank you to staff for the amazing Christmas tree that you put in the council chambers for us this evening and um Kelly another thank you to to um our wonderful police department and everything that they do um especially with the the events that were spoken of earlier so so thank you Chief and and your leadership over there um the Lantern Festival which I brought up last time um was a success I had the opportunity to speak with the the folks who put that on and I had asked um staff to see if they could provide us with the attendance members and it was around 6,700 people were able to to visit our city and enjoy um our restaurants and whatnot um the final thing that I have which is the the more important one is at our previous c meeting we had discussed um and if you can help guide me along the what CRA what city council and what we had discussed the P3 project of putting it out again for a bid because we know that we didn't get a response um I think that and I had I had spoken with Coupe about this and I kind of had mentioned it in the CRA meeting was maybe going ahead with the parking garage on our own and then financing it through so we have like 1.8 million in the CRA now and then with the the ter of the c as it's currently existing our finance director thinks that we have enough um the length of the CRA is is there long enough that we could get financing to actually build the parking structure on our own I think if we did that and then sent the P3 out I think it would be more exciting per se to the developers who would come in and you know want to submit for the for the P3 because you're not going to spend you know six seven million do onund you know however many parking spaces they'll be able to actually invest in a in a you know a building that's going to give them a return per se so I wanted to see if the the council um was interested in doing that because I know that we had um directed the city manager to go ahead and kick that P3 out as soon as possible and open it up um we may want to also have a uh you know call instead of having another c meeting I think that's what what I discussed with you well depending on if if we got Direction one way or the other tonight it it could it could be beneficial to have another CRA meeting I think it would depend on you know how everybody El for c meeting the next one is in February so if if we wanted to call an additional one we could call one in January yeah I think let's do one in January I think be that'd be beneficial to uh do you guys think that that you know just from a counsel perspective do you think that's something we should look at or definit something to look at and that's why I think instead of wait till February we'd have a meeting in January hold off on the P3 until we have this discussion yes okay so we'll we can still work on the P3 just um not put it out there right we can we can have it for you in advance of that meeting um and and because the only the CH the main change that we needed to do was add the um the property behind the hotel I don't know if there's 's any desire to to make other changes to the P3 okay yeah and one thing I would like to add with that and I'm very pro- Agriculture and and you know we we do have a garden in the back there um I don't know that it's the right place when it comes to uh our Redevelopment plans and maybe we talk about relocating that and adding that parcel along with the dve retention to this this project yeah we um we had that conversation um one time just just like this and I I know that there was some some discussion about that um looking at the plans now um with what we're moving along I would um be supportive of of doing that adding it back in there all right do we just need consensus or do we make a motion on that if I could get a a second notot I just got it okay we will add that to it good and that's all I have thank you merry Christmas everybody thank you well then I don't have to talk about that part now um I would like to say uh how awesome it was and staff did an amazing job with the uh the tree lighting with the parade with everything we had going on I think it was amazing with the downtown stuff um I would like to point out uh chief giry of course flew in here halfway through and uh I know he was in in Washington DC would you like to speak about your officer sir that's why they kept that telephone boo over there that's right a super Cape uh Doug gery Chief please uh we had uh Curtis wesler is one of our captains uh just finished 10 weeks at the FBI academy uh the FBI National Academy it's less than 1% of all law enforcement uh leaders get to go to this uh academy uh since my 10 years since I've been here in the three years I've gotten two of them in there already um I'm actually I serve on the Florida FBI National Academy board so that's how I'm able to get this done but um he just finished 10 weeks of executive leadership development so it's uh there's about 250 uh attendees from all around the world so there's I think there's 25 or 26 uh International students that were there as well and for those weeks it's a lot of public speaking it's dealing with the media executive leadership um so it actually goes into a lot a lot of heavy discussions they come out with master's degree level uh certificate credit hours um but and that was at no cost to the city other than his salary um the FBI actually covered all of that for him so they they gave him his food um and everything else that he had up there so all we had to do was cover his salary so I just went up there he just graduated today uh very very great day it's great to have him home uh there will be a post on social media kind of outlining what the national acad is trying to get some more people I saw now we're down to the lieutenant level so I'm going to try to get the lieutenants up there at an early stage so the longer we have them uh this is a network of of family there's over 50,000 people that have attended this uh that you can put something out and they will send you policies procedures uh there's always a network that you can always reach out to so uh it's a great day for for stcloud police obviously for Captain Curtis wesler uh for graduating Captain Denise Roberts had already graduated I'm a graduate uh five years ago I was there so it's just a it's an amazing honor to get people up there yes sir thank you and y'all had a heck of a week last week I know and uh I know we talked about during the superintendent's time but thank you very much your team did an amazing job out there at St Cloud High couple days there so thank you mayor appreciate it and that's still a an active criminal case I will tell you that I'm not going to go into too much detail but I promise you we're working with our federal Partners on this one yes sir so and it's still working now I was fortunate to be able to hand out some food there from Jimmy Bears barbecue they were out there giving out food to the fire department and the police department and while we were out there they got a call I think it was an accident r road so your guys kind of haul butt out there and we're doing their job so amazing that's correct that's correct thank you yes sir here here's your school district challenge coin before I steal it all right and lastly I would like to wish everybody Merry Christmas Happy New Year and it would be rude to not point out Melissa Duncan's amazing hairstyle yes yes somebody had to say it it'd be rude enough um uh and now we're here to that brings us to the information section report section we T we have Tuesday December 24th 2024 city offices are closed in observance of the Christmas Eve holiday Wednesday December 25th 2024 city offices Clos and observance of Christmas Day holiday Wednesday January 1st 2025 city offices Clos and observance of New Year's holiday Thursday January 9th 2025 city council meeting at 6:3 :30 p.m. at City Hall council chambers and for your review warrant list number two and the tree advisory committee minutes are available for your viewing and if nobody else has anything else to say this meeting is a journ