City Commission Regular Meeting

APPROVED: 12/18/2014 City Hall City of Eustis, Florida 10 North Grove Street Post Office Drawer 68 Eustis , FL 32727-0068 Meeting Minutes - Final* City Commission Thursday, December 4, 2014 6:00PM City Hall INVOCATION: Father Joseph Belle rive, St. Mary of the Lakes Catholic Church PLEDGE OF ALLEGIANCE: Commissioner Muenzmay CALL TO ORDER: Mayor Bob - 6:04 p.m. ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE Present: 5 - Commissioner Kress Muenzmay; Vice-Mayor Albert Eckian ; Commissioner Michael Holland; Commissioner Karen LeHeup-Smith ; and Mayor Linda Bob I. AGENDA UPDATE - None II. APPROVAL OF MINUTES 14287 November 20, 2014- Regular City Commission Meeting November 20, 2014- City Commission Workshop A motion was made by Commissioner Holland, seconded by Vice-Mayor Eckian, to Approve the Minutes. The motion carried by the following vote: Aye: 5- Commissioner Muenzmay; Vice-Mayor Eckian; Commissioner Holland ; Commissioner LeHeup-Smith; and Mayor Bob III. AUDIENCE TO BE HEARD- None IV. CONSENT AGENDA 14271 Historic Preservation Annual Report 14284 Resolution No. 14-81: Investment Authorization for Fixed Income Investments 14276 Resolution No. 14-93: Water Service/Annexation Agreement for Grand Island Cemetery Association- 36708 S. Fishcamp Rd. 14280 Resolution No. 14-94: Amended lnterlocal Agreement with Lake County for Security Services at the Lake County Fairgrounds 14277 Resolution No. 14-95: Release of Lien , 618 Reddick Street 14278 Resolution No. 14-96: Foreclosure Dismissal and Release of Liens, 2104 Sua nee Avenue A motion was made by Commissioner Holland, seconded by Commissioner LeHeup-Smith, to Approve the Consent Agenda. The motion carried by the following vote: Aye: 5 - Commissioner Muenzmay; Vice-Mayor Eckian ; Commissioner Holland; Commissioner LeHeup-Smith ; and Mayor Bob City of Eustis, Florida Page 1 Printed on 12111/2014 City Commission Meeting Minutes - Final December 4, 2014 V. ORDINANCES, PUBLIC HEARINGS & QUASI-JUDICIAL HEARINGS 14272 Resolution No. 14-91 : The Cove at Crooked Lake Preliminary Subdivision Plat Derek Schroth, City Attorney, announced Resolution No. 14-91 : A Resolution ofthe City Commission of the City of Eustis, Florida; Approving a Preliminary Subdivision Plat with Waivers for the Cove at Crooked Lake, a 17 Lot Single-Family Subdivision, on Approximately 11.47 Acres Located on the South Side of East Lakeview Avenue, East of West Crooked Lake Place and West of Fahnstock Street. Lori Barnes, Senior Planner, reviewed the proposed preliminary subdivision plat application for the Cove at Crooked Lake, the history of the application, and the surrounding uses. She provided a comparison of the proposed subdivision as approved under the City's new regulations versus a neighboring subdivision approved under the old regulations. She then reviewed the three requested waivers as follows: 1) a waiver of 2.6-ft. for the minimum lot depth of Lots 4 - 9 on the east side of the development; 2) a waiver to the lot width for Lots 13 - 17; and 3) a waiver of the 10% impervious surface restriction for Lots 10 and 11 . She confirmed the notice requirements were met and stated staff's recommendation for approval with the condition included in the resolution regarding selective lot clearing. Mr Schroth opened the public hearing at 6:15p.m. The following individuals spoke in opposition to the development as submitted: 1) Kurt Wagner, West Crooked Lake Place; and 2) Barbara Hamlin, West Crooked Lake Place. Some of the issues cited included possible problems with storm water runoff, whether a boat ramp was planned and the condition of the existing roadway. James Govan, representing the applicants, commented on the history of the application, how they have addressed previous Commission concerns and explained that some of the issues raised would be addressed during engineering. He stated that all of the lot widths have been increased so that the current plan includes all estate lots except for one. He emphasized they will not get final approval if they do not address any issues that might negatively affect the adjoining subdivision. He also explained the pedestrian access shown is to allow other residents of the subdivision to have access to the lake. He explained it is an eco-friendly development and cited their efforts to maintain trees and maximize the beauty of the property. The Commission confirmed there are no plans to put in a boat ramp . There being no further public comment, the hearing was closed at 6:28p.m. The Commission commented that the applicant has done what was asked by the Commission in June. It was also noted that the Commission is aware of the condition of Lakeview Avenue and funds have been included in the budget to conduct a study. It was also noted what would be required to improve Lakeview and the cost. The Commission also assured the audience that the swale and retention issues would be addressed prior to final approval. A motion was made by Commissioner Holland, seconded by Commissioner LeHeup-Smith, to Approve Resolution No. 14-91. The motion carried by the following vote: Aye: 5 - Commissioner Muenzmay; Vice-Mayor Eckian; Commissioner Holland ; Commissioner LeHeup-Smith; and Mayor Bob 14285 Resolution No. 14-92: Third Addendum to the Franchise Agreement with Waste Management, Inc. of Florida Mr Schroth announced Resolution No. 14-92: A Resolution by the City Commission of the City of Eustis, Lake County, Florida, Approving the Third Addendum to the Amended and Restated Solid Waste and Recycling Collection and Disposal Contract with Waste Management, Inc. ; Authorizing City of Eustis, Florida Page2 Printed on 1211112014 City Commission Meeting Minutes - Final December 4, 2014 the Mayor to Execute the Third Addendum as Attached; Authorizing the Combining of Residential Solid Waste and Residential Yard Waste Service into a Single Pick-up; Eliminating Participation in the Recyclebank Program; and Authorizing the Refuse Rate Index Adjustment of 2.34% for Additional Charges for Residential Service and Commercial Collection Service; Said Approvals to be Effective January 1, 2015. Jim Myers, Finance Director, reviewed the proposed third addendum to the solid waste and recycling collection contract with Waste Management, Inc. and the rate adjustment of 2.34% to be effective January 1, 2015. Mr. Schroth opened the public hearing at 6:36p.m. There being no public comment, the hearing was closed at 6:36p.m. A motion was made by Vice-Mayor Eckian, seconded by Commissioner Holland, to Approve Resolution No. 14-92. The motion carried by the following vote: Aye: 5 - Commissioner Muenzmay; Vice-Mayor Eckian; Commissioner Holland; Commissioner LeHeup-Smith; and Mayor Bob SECOND READING 14267 Ordinance No. 14-30: Revision of General Ordinance 58, Article II of the Eustis Code of Ordinances - Library Mr. Schroth read Ordinance No. 14-30 by title on second reading: An Ordinance of the City Commission of the City of Eustis, Florida; Repealing Chapter 58; Replacing Chapter 58, Article II: Eustis Memorial Public Library of the City of Eustis Code of Ordinances in its Entirety; Providing for Conflict with Existing Ordinances; Providing for Inclusion in the Code of Ordinances; Providing for Severability; Providing for an Effective Date. Mr. Schroth opened the public hearing at 6:37p.m. There being no public comment, the hearing was closed at 6:37p.m. A motion was made by Commissioner Holland, seconded by Commissioner LeHeup-Smith, to Adopt Ordinance No. 14-30 on second reading. The motion carried by the following vote: Aye: 5 - Commissioner Muenzmay; Vice-Mayor Eckian; Commissioner Holland; Commissioner LeHeup-Smith; and Mayor Bob FIRST READING 14273 Ordinance No. 14-36: Large-Scale Comprehensive Plan Amendment - South Side of Pine Meadows Golf Course Road, East of Pine Tree Dr. & Meadow Ln. Mr. Schroth read Ordinance No. 14-36 by title on first reading: An Ordinance of the City Commission of the City of Eustis, Lake County, Florida, Amending the City of Eustis Comprehensive Plan Pursuant to 163.3184 FS. ; Assigning a Future Land Use Designation of Rural Residential (RR) to Approximately 16 Acres of Real Property Located on the South Side of Pine Meadows Golf Course road East of Pine Tree Dr. and Meadow Ln. Ms. Barnes explained the proposed large scale comprehensive plan amendment for property on the south side of Pine Meadows Golf Course Road. She explained that the parcel was annexed in 1965; however, it was never shown on the City limits map. She explained the recommendation for a Rural Residential future land use designation. She noted two public inquiries regarding the request and stated staff's recommendation for approval. The Commission confirmed that the adjoining property also designated as Rural Residential has the same property owner. Ms. Barnes also explained that when staff discovered the mapping error they had contacted the property owner. After they discussed the alternatives with the property City of Eustis, Florida Page3 Printed on 1211112014 City Commission Meeting Minutes - Final December 4, 2014 owner, he decided to have the property given the same designation as his other property which is the Rural Residential. Mr. Schroth opened the public hearing at 6:41p.m. The following residents addressed the Commission to express concern regarding the plan amendment: 1) Walter Gross; and 2) Patricia Klancer. Dianne Kramer, Acting City Manager, explained that the property was already annexed but because it was omitted from the maps it was never assigned a land use designation or design district designation. She stated this is not coming forward because someone intends to develop the property but only to correct the maps. She further explained that Rural Residential is the lowest residential designation and the wetlands would not be allowed to be developed. The public hearing was closed at 6:48p.m. Ms. Barnes explained she had spoken with the property owner Mitchell Baker and he has no immediate plans to develop the property and he understands the environmental sensitivity of the property. The Commission commented on the beauty of the property and the intent of the City to only remedy the mapping problem. A motion was made by Commissioner Holland, seconded by Commissioner LeHeup-Smith, to Approve Ordinance No. 14-36 on first reading. The motion carried by the following vote: Aye: 5 - Commissioner Muenzmay; Vice-Mayor Eckian ; Commissioner Holland ; Commissioner LeHeup-Smith; and Mayor Bob 14274 Ordinance No. 14-37: Design District Amendment- South Side of Pine Meadows Golf Course Road, East of Pine Tree Dr. & Meadow Ln. Mr. Schroth read Ordinance No. 14-37 by title on first reading: An Ordinance of the City Commission of the City of Eustis, Lake County, Florida; Amending the Design District Map to Correct Mapping Errors; Assigning the Design District Designation of Rural Neighborhood to Approximately 16 Acres of Real Property Located on the South Side of Pine Meadows Golf Course Road East of Pine Tree Dr. and Meadow Ln. Ms. Barnes explained the design district map amendment to assign a designation to the same property of Rural Neighborhood. She further explained that the error was discovered when working with Sumter Electric who showed the property in the City limits but the City maps did not. She confirmed the proper notices were provided and stated staff's approval. Mr. Schroth opened the public hearing at 6:53p.m. There being no public comment, the hearing was closed at 6:53p.m. A motion was made by Commissioner Holland, seconded by Vice-Mayor Eckian, to Approve Ordinance No. 14-37 on first reading. The motion carried by the following vote: Aye: 5 - Commissioner Muenzmay; Vice-Mayor Eckian ; Commissioner Holland ; Commissioner LeHeup-Smith; and Mayor Bob VI. FUTURE AGENDA ITEMS Vice Mayor Eckian requested a workshop or presentation within the next few months to discuss options to generate more revenues for road and streetlight improvement. Ms. Kramer announced she would bring to the Commission at the next meeting a cancellation of the Community Garden license due to difficulties with Kids Central operating the garden. She explained the Parks and Recreation Department would work with the current volunteers so the garden could continue functioning. City of Eustis, Florida Page4 Printed on 1211112014 City Commission Meeting Minutes - Final December 4, 2014 VII. COMMENTS City Commission Commissioner Holland thanked City staff for their work on the annual Christmas Light Up event. He congratulated the Fire Department on the dedication of the new fire station and reported on his presentation of a proclamation regarding World Aids Day. Vice Mayor Eckian also thanked the Fire Department personnel, their families and other volunteers for their work on the new station dedication ceremony. He congratulated the Chamber of Commerce on their recent awards dinner and ceremony. He cited Dianne Kramer for winning the Leadership Award and Commissioner Holland for winning the Presidential Award. Ms. Kramer noted that Police Lt. Hubbard also won the Public Service Award. Commissioner LeHeup Smith also expressed appreciation for the Light Up event. She announced a Meet and Greet for the new Open Door facility on Citrus. She also announced that on December 10th and 17th the Lake Eustis Museum of Art would be hosting a sip and paint holiday event. Commissioner Muenzmay commented on his experience on the Commission and complimented Vice Mayor Eckian for his efforts to provide transparency to the public regarding items heard by the Commission. He encouraged all of the Commissioners to provide more explanation regarding their positions on the agenda items. City Manager Ms. Kramer reported on the relocation of the Ferran Park pavilion to near the art museum. She announced the Bay Street median improvement project was almost completed and commented on the need for the City to improve its holiday decorations. She noted two upcoming parades - the African American Festival and Georgefest. She asked the Commission 's preference for riding on a float or in cars. CONSENSUS: It was a consensus of the Commission for everyone to ride on a float. Following further discussion, it was also agreed the Commission could resume tossing candy to the children. Ms. Kramer then asked the Commission for permission to close all nonessential City departments on Friday, December 26th due to the expected low volume of activity. She explained that employees would have to use vacation time to cover and that the closing would be advertised. CONSENSUS: It was a consensus of the Commission for the nonessential departments to be closed and to allow employees to utilize vacation to cover that time. City Attorney- None Mayor Mayor Bob reported on the progress on the elementary school building. She announced a free movie night would be held on December 19th in Ferran Park. She encouraged everyone to spend time with their family and friends. She complimented the City's new employees on their new ideas. VIII. ADJOURNMENT-7:14p.m. LINDA DURHAM BOB, Mayor/Commissioner *These minutes reflect the actions taken and portions of the discussion during the meeting. To review the entire discussion concerning any agenda item, go to wwweustis .org and click on the video for the meeting in question . A DVD of the entire meeting or CD of the entire audio recording or verbatim transcript of the meeting can be obtained from the office of the City Clerk for a fee . City of Eustis, Florida Page5 Printed on 1211112014