City Commission Regular Meeting

APPROVED: 6/20/2019 MINUTES Regular City Commission Meeting 6:00 PM - Thursday, June 6, 2019 - City Hall INVOCATION: REV. STEVE VICTORY, EPIPHANY CELEBRATION ANGLICAN CHURCH PLEDGE OF ALLEGIANCE: COMMISSIONER ALIBERTI CALL TO ORDER: 6:13 P.M. ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE Present: Commissioner Marie Aliberti, Commissioner Emily Lee, Vice Mayor Karen LeHeup-Smith, Commissioner Robert Morin and Mayor Michael Holland 1. AGENDA UPDATE - None 2. APPROVAL OF MINUTES 2.1 May 16, 2019 - Regular City Commission Meeting Moved by Vice Mayor LeHeup-Smith, seconded by Commissioner Lee, to approve the Minutes as submitted. Motion carried by the following votes: Ayes: Commissioner Aliberti, Commissioner Lee, Vice Mayor LeHeup-Smith, Commissioner Morin and Mayor Holland 3. PRESENTATIONS 3.1 Development Services and Economic Development Update Lori Barnes, Development Services Director, provided a review of the activities and staffing levels in following divisions: business tax receipts, building department, code enforcement, and planning. She explained the organization of the Development Services department noting that the building inspection and official services are contracted out. She reviewed recent legislation which will affect the City's Building Department budget explaining that it will restrict the department's allowed carryover. She cited the code enforcement compliance rates noting that the department has a 94% voluntary compliance rate. She reviewed the planning department statistics and cited projects that are currently under construction, as well as those coming soon. Ms. Barnes then commented on interest inquiries and potential projects including property located on Orange Avenue at Lake Willie which is identified as a catalyst site in the City's redevelopment plan. She noted other sites of interest to developers as follows: Pine Meadows golf course property, Lake Commerce Park, properties on Lakeview and adjacent to Cove at Crooked Lake, Land Grab LLC property on Hwy. 441 for construction of a national chain motel, Valencia Grove II  on Dillard which will include a community garden, and, also in design , a senior family living development on 44 and 44 bypass. Ms. Barnes then reported on the mow-to-own program. She stated that out of 42 properties, the City entered into 28 agreements with 22 participants being deeded their property. Once sufficient properties are available the program will be re- opened . She then reported on the water & sewer impact fee waiver and annexation incentive waiver programs. Tom Carrino , Economic Development Director, reported on the Gateway Corridor matching grant facade program noting that the Commission previously agreed to double the amount of the individual grants from $3,000 to $6,000. He stated there have been 58 applications with 44 projects completed . The City has granted $123,500 which resulted in over $400,000 in improvements. He then explained the economic development incentive program with only one application to date. He reported on the Community Redevelopment Area tax increment financing and explained that the purpose of the CRA is to encourage private sector investment. He cited the agreement with Lake Investment Ventures for development of the Eustis Marina . He commented on the use of City property to leverage economic development including use of the former City employee gym being leased for El Marie Pizzaria and the property at 1 West Orange possibly being leased to the Chamber of Commerce. He cited the 72.5 acre City property located on CR 44. He explained the City is seeking a joint economic development venture with a private development group who shares in the community's vision for development of the property. He commented on current use of the property for cattle grazing . Mr. Carrino then reviewed the ways that the Economic Development department promotes business activity and the organizations they participate in . He cited the various marketing strategies. He then reported on current efforts to develop sailing as a part of the City's identify and the proposal to construct a multi-use facility, partnering with Lake Eustis Sailing Club, Lake Eustis Youth Sailing Federation , US Sailing and other organizations and how that will be a part of the growth in ecotourism in the County. He announced that a meeting would be held June 7th with the various organizations to discuss the project. The Commission asked about the use of CRA funds for development of the Eustis Marina with Mr. Carrino explaining how the CRA funds are collected and used with in the district with the CRA agreeing that they would invest a portion of the increase in property values back into the project. He confirmed that the project must be located within the CRA district to be eligible. 4. AUDIENCE TO BE HEARD Dr. Tully Patrowicz commented positively on the proposed sailing project. He then addressed the Commission regarding the development on East Crooked Lake. He expressed concern about the previously proposed high density development and the possible impact on the environment. He presented a petition with approximately 400 signatures proposing that no more than one home per acre be developed on the property. Mayor Holland informed Dr. Patrowicz that the project has not been submitted to the Commission for consideration but the information would be taken into consideration when it is. City of Eustis Page 2 of9 June 6, 2019  Dorothy Stevenson addressed the Commission to thank the City for allowing her to be involved in the Palmetto Plaza grand opening event. Mayor Holland thanked Ms. Stevenson for cooking all of the food for the event. Gail Isaac-Thomas complimented the City on the Palmetto Plaza event and encouraged everyone to attend the Hammer Nation jazz festival planned for Father's Day. She commented on a reunion held annually at Villdale Park and asked the City to consider constructing a pavilion. Antwan Douglas expressed concern about the condition of Villdale Park and the need for more facilities there including a gazebo and restrooms. Ms. Isaac-Thomas asked the City to consider naming the park across from Carver Park for Corey Rolle. Joyce Eileen Johnson asked about the figures quoted during Lori Barnes' presentation regarding investment in the City due to the annexation incentive program . She expressed concern about waiving fees for developments that are capable of paying the fees. Ronald Neibert, City Manager, explained the $800,000 quoted was water and sewer fees and those can only be used for water and sewer expenditures. He further explained that by using those incentives to encourage annexation it helps to reduce the ad valorem tax rate to the residents . Mayor Holland explained that the annexation incentive program was established to actually encourage the existing enclaves to annex into the City. Ms. Johnson stated her opposition to the waivers stating that the funds could be better spent. Dorothy Stevenson noted that there are only two small pieces of playground equipment in Villdale park for the smaller children and nothing for the older children. She encouraged the City to proceed with phase three of the Palmetto Plaza project. 5. CONSENT AGENDA 5.1 Resolution No. 19-51: Extension of Auditing Services 5.2 Resolution No. 19-52: Replat of the Shoppes at Eustis Village 5.3 Resolution No. 19-53: Foreclosure Authorization for 1215 South Center Street, Code Enforcement Case 16-01002 5.4 Resolution No. 19-54: Reduction of Code Enforcement Fine/Release of Lien for 19 Sun Country Court, Code Enforcement Case 16-00432 5.5 Resolution No. 19-55: lnterlocal Agreement between the City of Eustis and Lake County School Board - Franchise Fees 5.6 Resolution No. 19-56: Adopting Revised Emergency Management Plan City of Eustis Page 3 of9 June 6, 2019  5.7 Reappointment to Historic Preservation Board - Larry Broden Moved by Commissioner Morin , seconded by Commissioner Aliberti , to approve the Consent Agenda. Motion carried by the following votes: Ayes : Commissioner Aliberti , Commissioner Lee, Vice Mayor LeHeup-Smith , Commissioner Morin and Mayor Holland 6. ORDINANCES, PUBLIC HEARINGS & QUASI-JUDICIAL HEARINGS 6.1 Resolution No. 19-50: Lake Eustis Area Chamber of Commerce, Inc. Commercial Lease for 1 West Orange Avenue Derek Schroth, City Attorney, announced Resolution No. 19-50: A Resolution of the City Commission of the City of Eustis, Florida; authorizing the City Manager to execute a commercial lease agreement with the Lake Eustis Area Chamber of Commerce, Inc. for City-owned property at One West Orange Avenue . Mr. Neibert reviewed the essentials of the proposed lease as follows : 1) Five year lease; 2) $800 per month ; and 3) three five-year extensions on the lease. He stated staffs recommendation for approval. Mr. Schroth opened the public hearing at 7:04 p.m. There being no public comment, the hearing was closed at 7:04 p.m. Moved by Commissioner Morin, seconded by Commissioner Lee, to approve Resolution No. 19-50. Motion carried by the following votes: Ayes: Commissioner Aliberti , Commissioner Lee, Vice Mayor LeHeup-Smith , Commissioner Mori n and Mayor Holland SECOND READING 6.2 Ordinance No. 18-31 : Comprehensive Plan Text Amendment to the Future Land Use Element Appendix: Non-Residential Mixed-Use Intensities Mr. Schroth read Ordinance No. 18-31 by title on second and final reading : An Ordinance of the City Commission of the City of Eustis, Florida, amending the City of Eustis Comprehensive Plan 2010-2035 pursuant to Section 163.3184 of the Florida Statutes; providing for text revisions to the Future Land Use Element Append ix; assigning incrementally decreasing intensities (floor area ratios) for non-residential and mixed-use land use districts based on design district designation ; providing for the repeal of ordinances inconsistent with this ordinance; providing for conflicting provisions; providing for severability and effective date. Lori Barnes, Development Services Director, noted that it is a second reading and explained she would provide a short presentation due to the first reading occurring six months ago and there being two new Commissioners. She reviewed the history of the proposed amendment and the inconsistencies pertaining to the floor area ratios. She explained that the downtown should have the higher intensity with a consistent decrease in intensity toward the outer areas of the City. She City of Eustis Page 4 of9 June 6, 2019  reported that the amendment was submitted to the State for review. The Florida Dept. of Transportation had some concerns about potential transportation impacts and staff has addressed those. FOOT subsequently issued a letter of no concern. She then reviewed the amendments to the Future Land Use Element Appendix and the clarification to the table footnotes and cited the additional locational criteria which would further restrict the individual FAR. She provided examples of various properties and their specific FAR. Ms. Barnes stated staffs recommendation for approval and reviewed the benefits to the City of approval as follows: 1) Eliminates the competitive disadvantage Eustis has in relation to the surrounding communities; 2) Improves the internal consistency of the comprehensive plan ; 3) Will direct development to urban and suburban areas relieving the development pressures on the outlying areas adjacent to unincorporated Lake County; and 4) The locational limitation provides for compatibility and protection of the residential neighborhoods. Mr. Schroth opened the public hearing at 7:14 p.m. Tim Green, Green Consulting Group, thanked staff for acting on his client's request and then reviewing the entire City for consistency. Joyce Eileen Johnson asked if both the suburban residential and the rural residential are both .35 with Ms. Barnes explaining that wherever a nonresidential land use abuts a neighborhood design district the limitation is .35. If there is a commercial or mixed use property in a neighborhood design district, whether it be rural, urban or suburban, in the neighborhood district they are limited to .35. She added that is not a change from the current comprehensive plan. There being no further public comment, the hearing was closed at 7:16 p.m . Moved by Commissioner Aliberti, seconded by Commissioner Lee, to approve Ordinance No. 18-31 on second and final reading. Motion carried by the following votes: Ayes: Commissioner Aliberti, Commissioner Lee, Vice Mayor LeHeup-Smith, Commissioner Morin and Mayor Holland 6.3 Ordinance No. 19-14 - Voluntary Annexation Ordinance No. 19-15 - Comprehensive Plan Amendment Ordinance No. 19-16 - Design District Amendment Mr. Schroth read Ordinance No. 19-14 by title on second and final reading: An Ordinance of the City Commission of the City of Eustis, Florida; voluntarily annexing approximately 3.376 acres of real property located at 2755 E. Orange Ave. Mr. Schroth opened the public hearing at 7:16 p.m. Tim Green , representing The Shoppe LLC, expressed support for the annexation. There being no further public comment, the hearing was closed at 7:17 p.m . City of Eustis Page 5 of 9 June 6, 2019  Moved by Commissioner Lee, seconded by Vice Mayor LeHeup-Smith, to approve Ordinance No. 19-14 on second and final reading. Motion carried by the following votes: Ayes: Commissioner Aliberti, Commissioner Lee, Vice Mayor LeHeup-Smith, Commissioner Morin and Mayor Holland 6.4 Ordinance No. 19-15: Comprehensive Plan Amendment Mr. Schroth read Ordinance No. 19-15 by title on second and final 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) F.S.; changing the future land use designation of approximately 3.376 acres of recently annexed real property located at 2755 E. Orange Ave, from Urban Low in Lake County to Mixed Commercial/Industrial (MCI) in the City of Eustis. Mr. Schroth opened the public hearing at 7: 18 p.m. There being no public comment, the hearing was closed at 7:18 p.m. Moved by Vice Mayor LeHeup-Smith, seconded by Commissioner Lee, to approve Ordinance No. 19-15 on second and final reading. Motion carried by the following votes: Ayes: Commissioner Aliberti, Commissioner Lee, Vice Mayor LeHeup-Smith, Commissioner Morin and Mayor Holland 6.5 Ordinance No. 19-16: Design District Designation - 2755 E. Orange Ave. Mr. Schroth read Ordinance No. 19-16 by title on second and final reading: An Ordinance of the City Commission of the City of Eustis, Lake County, Florida; assigning the suburban corridor design district designation to approximately 3.376 acres of recently annexed real property located at 2755 E. Orange Ave . Mr. Schroth opened the public hearing at 7:18 p.m. There being no public comment, the hearing was closed at 7:18 p.m. Moved by Vice Mayor LeHeup-Smith, seconded by Commissioner Lee, to approve Ordinance No. 19-16 on second and final reading. Motion carried by the following votes: Ayes: Commissioner Aliberti, Commissioner Lee, Vice Mayor LeHeup-Smith, Commissioner Morin and Mayor Holland 7. OTHER BUSINESS 7.1 Discussion regarding special events and use of City facilities Commissioner Aliberti left the meeting at 7:19 p.m. due to another commitment. City of Eustis Page 6 of 9 June 6, 2019  Mr. Neibert explained that Joe LaPolla, Parks & Recreation Director, would review the facility/parks rental process with Chief Gary Calhoun reviewing the special event process. Mr. LaPolla reviewed the facility/park rental process and presented copies of the appropriate applications . He noted that staff tries to be flexible with the deadlines; however, when it gets less than two weeks it can be difficult due to other events and when staff has already been allocated. He explained answers to some of the questions on the applications may trigger the need for a special event permit and staff will direct them to the Police Department for that. The Commission questioned why the scoreboard is not available for public use with Mr. Neibert explaining that the scoreboard is operated by a $500 control panel. When in use, it is operated by City staff. He explained staff is concerned about allowing use of that equipment when City staff is not present to oversee its use. He then explained that there are two scoreboard issues. The scoreboard in question is located on the baseball field. The second issue is the scoreboard that has previously been requested for the football field. The Commission commented on the lack of a scoreboard for a football program with Mr. Neibert responding that there currently is not a formal football program and no need for the scoreboard at this time. Discussion was held regarding whether or not installation of a scoreboard would stimulate the creation of a football team and the need to allow the public to use the existing scoreboard. Discussion was held regarding local children playing football in other cities with Mr. Neibert explaining that the football program that previously existed did not play in the local Pop Warner League so the children had to travel to far away locations for play. Discussion was held regarding problems expressed regarding people being locked out and not having power with Mr. Neibert explaining that particular applicant did not indicate on the application that they needed power. The Commission suggested allowing people to use the scoreboard by putting up a deposit to use the equipment. Mr. Neibert indicated they could do that. He expressed concern about the equipment being damaged and then not being available for the leagues. The Commission expressed concern regarding issues not being addressed with buildings being opened early for access. They stated that staffs job is to find a way to say "yes". Mr. LaPolla explained it can be difficult when they call at the last minute for early opening and the individual on duty already has three buildings to open at the same time . Following further discussion, Mr. Neibert indicated staff could purchase an additional control panel and add a deposit. Discussion was held regarding requests to get in early and how that is handled. City of Eustis Page 7of9 June 6, 2019  The Commission asked to have a price provided for another scoreboard . The Commission also discussed whether or not additional staff is needed. CONSENSUS : It was a consensus for the City Manager to schedule a workshop to discuss Parks and Recreation issues, staffing, scoreboard , etc. on an off night. 7.2 Discussion regarding request from Lake County Schools to provide a finance presentation Mr. Neibert explained that the Lake County School Board asked to schedule a 60 minute finance presentation . CONSENSUS: It was a consensus of the Commission to ask them to please send the presentation electronically for the Commission to review. 8. FUTURE AGENDA ITEMS - None 9. COMMENTS 9.1 City Commission Vice Mayor LeHeup-Smith thanked the Library for their assistance and use of the meeting room for a Trap-Neuter-Release class that she held . She cited the upcoming Father's Day event to be held at Palmetto Plaza and the Library's Summer Program . Mayor Holland complimented the Library for their programming and social media presence. Commissioner Lee echoed the compliments on the Library. She reported on a meeting she had with Jerry Miller from Duke Energy. She encouraged residents to be careful driving noting that the children are out of school. Commissioner Morin commented on the recent shooting incident in Virgin ia Beach and read his letter that he sent to the newspaper, the City of Virginia Beach and the Virginia Governor. 9.2 City Manager - None 9.3 City Attorney - None 9.4 Mayor Mayor Holland noted the suggestion that the City recognize Corey Rolle by naming something after him . He explained that Corey worked for Parks & Recreation and was director before he passed away. He recommended naming the football field or something similar after him . He noted his parents' involvement in the community. He thanked the community for their participation in the Palmetto Plaza grand opening . 10. ADJOURNMENT: 7:55 p.m. City of Eustis Page 8 of 9 June 6, 2019 MARY C. MONTEZ MICHAEL L. HOLLAND City Clerk 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 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 Cieri< for a fee . City of Eustis Page 9 of 9 June 6, 2019