City Commission Regular Meeting

APPROVED:2/15/2018 City Hall City of Eustis, Florida 10 North Grove Street Post Office Drawer 68 Eustis, FL 32727-0068 Meeting Minutes - Final* City Commission Thursday, February 1, 2018 6:00PM City Hall INVOCATION: Pastor Buddy Walker, Commissioned Beyond Borders PLEDGE OF ALLEGIANCE: Commissioner Sabatini CALL TO ORDER: Mayor Morin - 6:07 p.m. ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE Present: 4- Commissioner Carla Gnann-Thompsen; Commissioner Anthony Sabatini ; Commissioner Linda Bob; and Mayor Robert Morin Absent: 1 - Vice-Mayor Marie Aliberti I. AGENDA UPDATE Mayor Morin announced that public input would be taken regarding the backyard chickens only during Audience to be Heard. II. APPROVAL OF MINUTES 18-0050 January 18, 2018 - Regular City Commission Meeting A motion was made by Commissioner Gnann-Thompson, seconded by Commissioner Sabatini, to Approve the Minutes. On a voice vote, the motion passed unanimously. III. PRESENTATIONS 18-0045 Presentation by Pastor Buddy Walker regarding Commissioned Beyond Borders community activities Pastor Buddy Walker reported on the Commissioned Without Borders activities in the past year at the Bates Neighborhood Resource Center and provided a brief video highlighting some of those programs. He noted their partnership with Lake Cares Food Pantry and cited the number of families served by the program. He introduced Carty Sales, from Fresh Start Ministries, and Fran Shanaver; master gardener with UF Extension and 4H programs. He explained she has started a 4H program utilizing the City's community garden. 18-0052 Presentation of Black History Month and African-American Heritage Celebration Proclamation Mayor Morin presented a proclamation recognizing Black History Month and the Eustis African-American Heritage Celebration. Vivian Carta Miller Mitchell, president of the Eustis African-American Heritage Committee, accepted the proclamation and introduced other committee members - Pat Miller; Sandra Purdue, Tonya Wilder; Janice Martin, and Kelly Garrett. She thanked the City for their support of the annual celebration. They distributed flyers of the activities. Mayor Morin noted the absence of Vice Mayor Aliberti due to the death of her mother City of Eustis, Florida Page 1 Printed on 21812018 City Commission Meeting Minutes - Final February 1, 2018 IV. AUDIENCE TO BE HEARD Mayor Morin reminded the audience that anyone wishing to speak about the backyard chickens should speak at this time as public input would not be allowed during the Commission discussion on the issue. Commissioner Sabatini suggested that the Commission discussion be moved up to after Audience to be Heard so that the audience members could leave following the Commission action. Mayor Morin declined to change the agenda. The following individuals addressed the Commission regarding the possibility of allowing backyard chickens and a proposed pilot program to allow 4-H and FFA students to have chickens: 1) Christine Cruz; 2) John Horan, Seminole County Commission Chair; 3) Dallas Daniels, University of Florida Extension SeNices; 4) Christina Sauls, owner of Happy Feet Hatchery; and 5) Judson Giddens. Gail Isaac Thomas announced that Tiquanda Watkins Wright, a Eustis High School graduate, was recently promoted to Army Sergeant First Class and requested that the Commission do something to recognize her accomplishment. Ron Neibert, City Manager, asked her to send him the young lady's information and he would have something drafted up. Commissioner Bob asked that discussion of the chickens be postponed to the next meeting so that there is a full Commission present. Joe LaPolla, Parks and Recreation Director, reported on the upcoming 2018 Eustis Running of the Georges 5K race. He explained that this is a/so a fundraiser for the Parks and Recreation Department to fund their scholarship program. He stated they have utilized over $10,000 for those scholarships. He noted that the chili cook-off would follow the race. Tom Carrino, Economic Development Director, announced the upcoming City events including the February First Friday, chili cook-off, 2018 Miss Eustis pageant, African-American Heritage Celebration and Parade, the 116th annual GeorgeFest, and first ever Golden Triangle Jazz Festival. Mayor Morin announced that the Triangle News Leader that was published that day had erroneous information regarding Georgefest. He encouraged interested individuals to check the City's website for correct information. V. CONSENT AGENDA 18-0036 Resolution No. 18-11: Approval of Annual Purchase in Excess of $25,000 for Street Milling Services 18-0046 Resolution No. 18-12: Renewal of Lease Agreement with Commissioned Beyond Borders, Inc. 18-0039 Resolution No. 18-13: Release of Lien- 803 Edgewater Drive, Code Case #05-171 18-0037 Resolution No. 18-16: Approval of purchase in excess of $25,000 for a Used Grapple Truck 18-0038 Resolution No. 18-17: Purchase in excess of $25,000 for installation of a Security System for the Eastern Wastewater Treatment Facility City of Eustis, Florida Page2 Printed on 21812018 City Commission Meeting Minutes - Final February 1, 2018 A motion was made by Commissioner Gnann-Thompson, seconded by Commissioner Bob, to Approve the Consent Agenda. The motion carried by the following vote: Aye: 4- Commissioner Gnann-Thompsen; Commissioner Sabatini ; Commissioner Bob; and Mayor Morin VI. ORDINANCES, PUBLIC HEARINGS & QUASI-JUDICIAL HEARINGS 18-0048 Resolution No. 18-14: Lease Agreement with Eustis Partners, LLC Derek Schroth, City Attorney, announced Resolution No. 18-14: A Resolution of the City Commission of the City of Eustis, Florida; authorizing the City Manager to execute a lease agreement renewal with Eustis Partners, LLC, a Florida limited liability corporation, for property bounded by Clifford Avenue, Grove Street, Magnolia Avenue and Eustis Street. Tom Carrino, Economic Development Director, reviewed the proposed lease agreements with Lake Eustis Properties and Eustis Partners for the City to lease the vacant downtown parcels and the parking lot. Mr Schroth opened the public hearing at 6:59p.m. There being no public comment, the hearing was closed at 6:59p.m. A motion was made by Commissioner Gnann-Thompson, seconded by Commissioner Sabatini, to Approve Resolution No. 18-14. The motion carried by the following vote: Aye: 4- Commissioner Gnann-Thompsen; Commissioner Sabatini ; Commissioner Bob; and Mayor Morin 18-0049 Resolution No. 18-15: Lease Agreement with Lake Eustis Properties, LLC Mr Schroth announced Resolution No. 18-15: A Resolution of the City Commission of the City of Eustis, Florida; authorizing the City Manager to execute a lease agreement renewal with Lake Eustis Properties, LLC, a Florida limited liability corporation, for property bounded by Clifford Avenue, Eustis Street, McDonald Avenue and Bay Street. Mr Schroth opened the public hearing at 7:00p.m. There being no public comment, the hearing was closed at 7:00p.m. A motion was made by Commissioner Bob, seconded by Commissioner Gnann-Thompson, to Approve Resolution No. 18-15. The motion carried by the following vote: Aye: 4- Commissioner Gnann-Thompsen ; Commissioner Sabatini ; Commissioner Bob; and Mayor Morin SECOND READING 18-0024 Ordinance No. 18-01: Amending Chap. 10, Sec. 10-86(a) Amusements and Entertainment, expanding the on-street possession/consumption of alcohol to Monday through Sunday with no time restrictions Mr Schroth read Ordinance No. 18-01 by title on second and final reading: An Ordinance of the City Commission of the City of Eustis, Lake County, Florida; amending Chapter 10, Section 10-86(a) Amusements and Entertainment; providing for codification; and providing for an effective date Mr Carrino explained the changes to the ordinance based on discussion on first reading. He stated that the hours of operation have been omitted from the ordinance. He added that the Police Department had expressed some concern regarding omitting the hours; however, the Entertainment District regulations requires that the alcohol must be purchased at a downtown business. City of Eustis, Florida Page3 Printed on 21812018 City Commission Meeting Minutes - Final February 1, 2018 The Commission requested that the downtown businesses be notified about the changes. Mr Schroth opened the public hearing at 7:02p.m. There being no public comment, the hearing was closed at 7:02p.m. A motion was made by Commissioner Sabatini, seconded by Commissioner Gnann- Thompsen, to Adopt Ordinance No. 18-01 on second reading. The motion carried by the following vote: Aye: 4- Commissioner Gnann-Thompsen ; Commissioner Sabatini; Commissioner Bob; and Mayor Morin 18-0029 Ordinance No. 18-06: Amending Chapter 62- Offenses; adding Article Ill -Aggressive Solicitation Mr Schroth read Ordinance No. 18-06 by title on second and final reading: An Ordinance of the City Commission of the City of Eustis, Lake County, Florida, amending Chapter 62 - Offenses; adding Article Ill- Aggressive Solicitation; providing severability; providing an effective date. Chief Calhoun explained that the ordinance is not intended to focus on people seeking donations on street comers only those that engage in harassing behavior Mr Schroth opened the public hearing at 7:04p.m. There being no public comment, the hearing was closed at 7:04p.m. The Commission asked what would constitute harassing behavior with Chief Calhoun explaining it is defined in the ordinance. Mayor Morin commented on the recent "point in time count" to try and count the number of homeless people within the City. He noted that the ordinance is directed, not at the homeless, but the individuals engaging in aggressive solicitation. He stated the count showed there are about 26 homeless individuals in the City. A motion was made by Commissioner Sabatini, seconded by Commissioner Gnann- Thompsen, to Adopt Ordinance No. 18-06 on second reading. The motion carried by the following vote: Aye: 4- Commissioner Gnann-Thompsen ; Commissioner Sabatini ; Commissioner Bob; and Mayor Morin FIRST READING 18-0041 Ordinance No. 18-02: Conditional Use Permit for a Retail Use Located at 827 N. Bay Street Mr Schroth read Ordinance No. 18-02 by title on first reading: An Ordinance of the City Commission of the City of Eustis, Lake County, Florida, approving a Conditional Use Permit for a retail use in the Residential Office Transitional (RT) land use district on approximately 0.373 acres located at 827 N. Bay Street. Lori Barnes, Development Services Director, reviewed the requested Conditional Use Permit to allow a retail store to offer arts and crafts, classes and baked goods for off-site consumption. She stated it has been used as a professional office since 1990. She reviewed the conditions for approval, compatibility with surrounding area, and stated staffs recommendation for approval. The Commission discussed the possibility of opening up all RT to retail use without a CUP and confirmed that the applicant was notified they are eligible for the gateway grant program. City of Eustis, Florida Page4 Printed on 21812018 City Commission Meeting Minutes - Final February 1, 2018 At the Commission's request, applicant Sylvia Karvasale commented on her history in Eustis and plans for the business. Mr Schroth opened the public hearing at 7:15p.m. There being no public comment, the hearing was closed at 7:15p.m. A motion was made by Commissioner Bob, seconded by Commissioner Gnann-Thompson, to Approve Ordinance No. 18-02 on First Reading. The motion carried by the following vote: Aye: 4- Commissioner Gnann-Thompsen ; Commissioner Sabatini ; Commissioner Bob; and Mayor Morin 18-0042 Ordinance No. 18-03: Voluntary Annexation - 2089 Morris Street Mr Schroth read Ordinance No. 18-03 by title on first reading: An Ordinance of the City Commission of the City of Eustis, Florida; voluntarily annexing approximately 4.45 acres of real property located at 2089 Morris St. , Eustis, FL. Ms. Barnes explained the proposed voluntary annexation for property located at 2089 Morris Street and reviewed the proposed future land use and design district designations to be considered under Ordinance Nos. 18-04 and 18-05. She further explained that the property owners well failed so they have applied for annexation in order to receive City water The Commission confirmed that the City already has the water lines available and questioned whether the property owner has plans to build anything else on the property with Ms. Barnes indicating he has not indicated he would. Mr Schroth opened the public hearing at 7:22p.m. There being no public comment, the hearing was closed at 7:22p.m. A motion was made by Commissioner Gnann-Thompson, seconded by Commissioner Bob, to Approve Ordinance No. 18-03 on First Reading. The motion carried by the following vote: Aye: 4- Commissioner Gnann-Thompsen; Commissioner Sabatini; Commissioner Bob; and Mayor Morin 18-0043 Ordinance No. 18-04: Small Scale Future Land Use Map Amendment to the Comprehensive Plan - 2089 Morris Street Mr Schroth read Ordinance No. 18-04 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 163.3187 (1) FS.; changing the Future Land Use designation of 4.45 acres of recently annexed real property located at 2089 Morris Street from Urban Low in Lake County to Suburban Residential (SR) in the City of Eustis. Mr Schroth opened the public hearing at 7:23p.m. There being no public comment, the hearing was closed at 7:23p.m. A motion was made by Commissioner Sabatini, seconded by Commissioner Gnann- Thompsen, to Approve Ordinance No. 18-04 on First Reading. The motion carried by the following vote: Aye: 4 - Commissioner Gnann-Thompsen; Commissioner Sabatini; Commissioner Bob; and Mayor Morin 18-0044 Ordinance No. 18-05: Design District Amendment - 2089 Morris Street Mr Schroth read Ordinance No. 18-05 by title on first reading: An Ordinance of the City Commission of the City of Eustis, Lake County, Florida; assigning the Suburban Neighborhood design district designation to approximately 4.45 acres of recently annexed real property located 2089 Morris Street. City of Eustis, Florida Page5 Printed on 21812018 City Commission Meeting Minutes - Final February 1, 2018 Mr. Schroth opened the public hearing at 7:23p.m. There being no public comment, the hearing was closed at 7:24p.m. A motion was made by Commissioner Bob, seconded by Commissioner Gnann-Thompson, to Approve Ordinance No. 18-05 on First Reading. The motion carried by the following vote: Aye: 4- Commissioner Gnann-Thompsen; Commissioner Sabatini ; Commissioner Bob; and Mayor Morin VII. OTHER BUSINESS 18-0035 Provisions for Backyard Chickens in the City Limits Commissioner Bob moved to table the discussion until the next meeting so that a full Commission would be in attendance. Commissioner Sabatini seconded the motion. Commissioner Bob stated that while she is not in favor of chickens within the City; however, she might be willing to support allowing chickens for the children. She stated she would prefer to wait so there is not the possibility of a 2 to 2 vote . Commissioner Sabatini stated he is only talking about a pilot program to allow children in agricultural education programs to have chickens. Mayor Morin stated his opposition to allowing chickens in the City and expressed his opinion regarding the number of actual Eustis residents in the audience that are in favor of the chickens. He stated the City doesn't have the staff to implement and enforce a pilot program. He suggested interested residents could possibly identify property outside the City limits to allow 4-H youth to raise chickens. He commented on the possible effect on the health of the City's housing market. He stated he would rather proceed with the vote rather than wait. Commissioner Gnann- Thompson stated the Commission has to look at the whole City not just what certain individuals want. She expressed her support for Lake County 4-H and stated she liked the idea about the pilot program but noted she had received resident concerns that the program would the open door to allowing other animals in the City She expressed concern about the City's ability to enforce a pilot program. VOTE: The motion to postpone failed on a 2 to 2 vote. The Commission discussed whether or not to hear staffs presentation. Commission Sabatini stated that a pilot program for a limited number of hens would not open the door to larger bamyard animals. He emphasized his opposition to allowing larger animals. He noted that in all of Seminole County, only 13 permits were pulled and estimated that probably the City would only have about 15 families that would request permits. He added that the issues with chickens are the same as with cats and dogs. Commissioner Bob stated she did not want chickens in Eustis; however, if the Commission can approve alcohol 7 days a week for adults, why can't they approve a pilot chicken program for the youth? Mr. Neibert reminded the Commission that even a pilot program would require an ordinance and code change. He stated that staff could draft an ordinance that would restrict permits to people under a certain age that are confirmed members of an agricultural program. A motion was made by Commissioner Sabatini, seconded by Commissioner Bob, to have staff draft an ordinance to allow only youth that are part of a traditional educational/civic program and have completed chicken university to have chickens. On a voice vote, the motion failed 2 to 2 with Mayor Morin and Commissioner Gnann-Thompson dissenting. City of Eustis, Florida Page6 Printed on 21812018 City Commission Meeting Minutes - Final February 1, 2018 VIII. FUTURE AGENDA ITEMS -None IX. COMMENTS City Commission Commissioner Gnann- Thompson recognized the Eustis Police Department and Fire Department for saving three elderly people at Haselton Village. She also thanked the LifePointe Church and Open Door for opening their doors and providing shelters for people without heat. Commissioner Sabatini noted he had received comments about City forms and applications needing to be electronic such as building permit applications. Mr. Neibert stated he would look at what else could be electronic. He said there are some statutory requirements for some items to be presented in person but, where possible, the City would make sure they are available electronically. Commissioner Bob commented on the need for the City to show people we care about them. Mayor Morin announced he had gone to the LifePointe homeless shelter; however, there were only seven people there. He explained that bus tokens were distributed to help people get to shelters. He reported on the Mount Dora Live event and thanked Mr. Neibert for his presence and representation of the City. He commented on the Martin Luther King Jr. Day parade in Leesburg and on the Skateboard Park meeting. City Manager Mr. Neibert asked to reschedule the development workshop for Thursday, February 8th; however, that date was not available for most of the Commission. He stated he would send out some alternative dates for consideration. City Attorney Mr. Schroth reported that he had sent out the acceleration letter to Teems Inc. The Commission asked to receive copies of the Jetter and he indicated he would email it out to them. Mayor- None X. ADJOURNMENT- 7:46 p.m. City Clerk ~ ROBERT R. MORIN, JR. Mayor/Commissioner *These minutes refl ect the actions taken and portions of the discussion during the meeting. To review the entire discussion concerning any agenda item, go to www.eustis.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 Pagel Printed on 21812018