City Commission Regular Meeting

APPROVED:4/21/2022 MINUTES Regular City Commission Meeting 6:00 PM - Thursday, March 17, 2022 - City Hall INVOCATION: Moment of Silence was observed PLEDGE OF ALLEGIANCE: COMMISSIONER LEHEUP-SMITH CALL TO ORDER: 6:01 P.M. ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE PRESENT: Commissioner Karen LeHeup-Smith, Commissioner Nan Cobb, Commissioner Willie Hawkins, Vice Mayor Emily Lee and Mayor Michael Holland 1. AGENDA UPDATE: NONE 2. APPROVAL OF MINUTES 2.1 March 3, 2022 - Regular City Commission Meeting Moved by Commissioner Cobb, seconded by Commissioner Hawkins, to approve the Minutes as submitted. Motion carried by the following votes: Ayes: Commissioner LeHeup-Smith, Commissioner Cobb, Commissioner Hawkins, Vice Mayor Lee and Mayor Holland 3. PRESENTATIONS 3.1 Presentation regarding FOOT crosswalks and traffic calming Rick Gierok, Public Works Director, provided an overview of the current and completed FOOT projects. He then reviewed the FOOT SR 19 improvements from the Police Department to CR 452 which includes the MMSA (multi-model mobility and safety assessment) study and subsequent construction study. He reviewed the history of the project from 2018 and 2019. He indicated the draft report was issued in August 2019 which resulted in three separate work packages: 1) SR19 intersection improvements; 2) SR19 resurfacing; and 3) traffic ops pushbutton project. He stated the SR 19 resurfacing project would also include some traffic calming with bulbouts and other pedestrian safety features including corridor lighting, raised intersections/crosswalks, reduction of speed, inroad lighting, sidewalk improvements, striping and resurfacing. He indicated that the design is underway and is scheduled for completion by end of 2022 and for construction in late 2023. He stated that the final estimated cost is $6.5 million. He added that there were items the City had wanted including beacons and lights for the intersections that were omitted. After discussion with FOOT, they agreed to do the additional work as a "pushbutton project" which will include the crossings at Magnolia with that work to begin summer 2022. He reviewed what would be Eustis City Commission Page 1 of 10 March 17, 2022  included in the project at Bay and Magnolia and Grove St. and Magnolia. He noted that the flashing lights will not actually stop traffic but will make it more visible . Mr. Gierok then reviewed the improvements at Orange, Macdonald and Clifford including pedestrian crosswalks on the road. The Commission asked if the painted on fake brick pavers will be replaced with Mr. Gierok responding that the road will be restriped but as part of another project to be done in 2024 those intersections will be raised. Mr. Gierok then reported on what would be included in the safety project for Grove & Herrick, Grove & Norton, Grove & Magnolia, Grove & Clifford, Bay & Clifford , Bay & Magnolia and Bay & Lakeshore. He indicated FOOT will be providing a presentation to the Commission either at a workshop or other public meeting. He cited various traffic calming and pedestrian safety items. The Commission questioned what is going to be done near the coffee shop with Mr. Gierok indicating that it will not be a turn lane and FOOT will be doing hard improvements where the striped lane currently is located . He indicated that when FOOT presents the project, the City could request a turn lane if desired. He stated the project would not reduce the number of trips but would slow traffic down. He then continued reviewing the planned traffic calming features. He commented on how FOOT previously wanted to keep the traffic moving and now they are more interested in slowing traffic down . The Commission asked if Grove and MacDonald should have a light once the downtown is developed with Mr. Gierok citing where the beacons and flashing lights are planned for installation. He commented on the possibility of providing additional input when FOOT gives their presentation. He indicated that the numbers do not support relocating the traffic signal at McDonald; however, they will be timing the lights. Vice Mayor Lee noted a resident has expressed concern regarding the left turn off Citrus onto Bay Street due to the oncoming traffic from Lakeshore with Mr. Gierok indicating he would ask FOOT to look at that intersection. Mr. Gierok then reviewed the traffic calming project noting that in May 2019 the City adopted the Lake County Traffic Calming Procedures Manual. He provided an explanation of non-physical and physical traffic calming measures and what can be used under the guidelines. He then reviewed what are the requirements for consideration of retrofitting. He noted that roads with 30 mph speed limit or greater cannot be considered for vertical treatment (speed tables). He added that 70% of the residents must sign a petition authorizing traffic control treatments. He then reviewed the results of recent traffic counts and speed studies. He commented on the benefit to enforcement. Commissioner Hawkins commented on speeding he had observed on Bates Avenue in excess of 80 mph and expressed concern regarding the speeding in proximity of the school. He acknowledged that the numbers may not be over the threshold but it only takes one to cause a problem. Eustis City Commission Page 2 of 10 March 17, 2022  Mr. Gierok indicated that the Commission has discretion to do calming in excess of what is required under the guidelines. He stated that with the direction of the Commission they can look at what could be done and put it in the budget. He provided an example of the information provided by the reports. Craig Capri, Police Chief, reported that starting the next week there would be an officer that will only do traffic enforcement during the week, particularly near the schools. He indicated they will be looking at the reports and doing targeted enforcement. He added that the next fall they would be adding another traffic officer. Mr. Gierok reviewed the traffic count and speed study graphs more in-depth. He recommended that if they have an issue at a particular location to let him know and he will set up the equipment so they can check the traffic counts and speed. 4. AUDIENCE TO BE HEARD 4.1 Mayor Holland opened "Audience to be Heard" and announced that if they wish to speak on something on the Consent Agenda that would be the time to discuss those items as well. Gail Isaac Thomas addressed the Commission regarding the lack of a sidewalk on the SR44 bypass. She then asked how far out the Eustis Police go on Bates Avenue with the Commission indicating that from Corey Rolle Field on out is in the County. She expressed concern regarding the traffic and speeding on Bates Avenue. Brian Broomfield asked that Resolutions 22-21 and 22-22 be removed from the Consent Agenda for discussion. He commented on previous discussions regarding the expansion of the Carver Park building use of the ARPA funds. He expressed support for the funds being used to assist the residents of the City. Gessner Harris noted she sent text messages to all of the Commissioners regarding the use of the ARPA funds. She commented on input provided at the recent community meeting and the need for funds to be used for those projects. She then commented on the intersection of Kurt and 441 and cited the lack of a turn signal. She also cited the intersection of 19 and 441 and the speeding there. Mayor Holland indicated those intersections are the responsibility of the State of Florida and indicated Mr. Gierok could contact FOOT about those issues. Keith Ware addressed the Commission regarding Resolution 22-21 and the Memorandum of Understanding with the Flock Group. He reported on information he obtained from the Flock Group regarding how they obtain the information in their system. He asked if the City is going to install cameras to collect the information. Chief Capri explained that the Grand Island Homeowners Association purchased the cameras and installed them on private property. He stated the memorandum will give the EPD access to the information in case of a crime occurring in that area. Eustis City Commission Page 3 of 10 March 17, 2022  Martha Taylor, representing the Tri-City NAACP, addressed the Commission regarding the American Rescue Plan Act funds and how they are going to be used . She stated that the community feels like the City has moved too fast and not listened to the community regarding what they want. Yolanda Taylor requested that Resolution 22-22 be removed from the Consent Agenda for additional discussion. She noted she previously asked for a presentation regard ing the ARPA funds but there was no opportunity for discussion . Monica Buggs , representing the East Town Community Redevelopment Association , addressed the Commission regarding the community meeting on January 25th. She cited comments made at the CRA Review Committee meeting regarding the low number of people that attended the meeting. She noted previous discussion by the community regarding the need for a community center. She commented on the report presented to the CRA Review Committee regarding the input provided at the meeting. She stated that people do not attend as they feel the City doesn't listen . She indicated that the East Town Community Redevelopment Association will be a voice for those who don't attend. James Golden addressed the Commission regarding the need for a gym . He stated that funding is always for other things and not for what they want. Alice Hoskin expressed agreement with the earlier comments and then expressed concern regarding the crossing at Woodward and Bates noting the number of accidents at that intersection . She asked that it be considered for a traffic signal. She noted you cannot see oncoming traffic from next to the church . George Asbate expressed concern regarding the traffic on Bay Street and Grove Street near the planned coffee shop and the lack of access to the property. He commented on the possibility of them obtaining the adjoining property. 5. CONSENT AGENDA 5.1 Resolution Number 22-20: Authorizing a Memorandum of Understanding for participation in the Central Florida Internet Crimes Against Children Task Force 5.2 Resolution Number 22-21: Approving a Memorandum of Understanding between the Eustis Police Department and Flock Group. Inc. 5.3 Resolution Number 22-22: Purchase of aerial fire truck and begin Wastewater Treatment Plant project with America Rescue Plan Act funds 5.4 Resolution Number 22-23: Amending Fiscal Year 2021-22 Library Contribution Fund Budget for additional expenditures accessing previously accumulated fund balance The Commission discussed the presentation previously provided regarding use of the ARPA funds and noted that, at that time, it was stated that since the ARPA funds were to be used for the Wastewater Treatment Plant and fire truck there would be General Fund money available to be used for CRA projects. The Commission also noted that they had just received the report from the dot exercise used at the community input meeting which provided information regarding which projects were most important to the community members who attended . Eustis City Commission Page 4 of 10 March 17, 2022  The Commission expressed opposition to individuals accusing them of making it a racial issue and emphasized that the Commission works for the betterment of the entire community. It was noted that the results of the dot exercise do not necessarily reflect the preferences of those in the audience. It was further noted that the City was saving over $95,000 by paying for the fire truck instead of financing it which is money that can then be used for other projects. Moved by Commissioner LeHeup-Smith, seconded by Commissioner Hawkins, to approve the Consent Agenda as submitted. Motion carried by the following votes: Ayes: Commissioner LeHeup-Smith, Commissioner Cobb, Commissioner Hawkins, Vice Mayor Lee and Mayor Holland 6. ORDINANCES, PUBLIC HEARINGS & QUASI-JUDICIAL HEARINGS 6.1 Ordinance Number 22-06: Conditional Use Permit for the operation of a bakery retail/restaurant use in the Residential/Office Transitional {RT) land use district at 320 South Grove Street - Second Reading Derek Schroth, City Attorney, read Ordinance Number 22-06 by title on second reading: An Ordinance of the City Commission of the City of Eustis, Florida; approving a Conditional Use Permit to allow the operation of a bakery retail/restaurant use in a residential office/transitional land use district at 320 South Grove Street. Mr. Schroth opened the public hearing at 7:28 p.m. Keith Ware expressed concern regarding the traffic that may be generated and cited current issues with traffic. There being no further public comment, the hearing was closed at 7:31 p.m. Moved by Commissioner LeHeup-Smith, seconded by Commissioner Hawkins, to adopt Ordinance Number 22-06 on final reading. Motion carried by the following votes: Ayes: Commissioner LeHeup-Smith, Commissioner Cobb, Commissioner Hawkins, Vice Mayor Lee and Mayor Holland 6.2 Explanation of Ordinances for Property located west of County Road 448 (2022- CPLUS-01 ): Ordinance Number 22-07 - Voluntary Annexation Ordinance Number 22-08 - Comprehensive Plan Amendment changing future land use designation Ordinance Number 22-09 - Design District Assignment Mr. Schroth read Ordinance Number 22-07 by title on first reading: An Ordinance of the City Commission of the City of Eustis, Florida, voluntarily annexing approximately 24.94 acres of real property located on the west side of CR 448 (Alternate Key Numbers 1445370 and 1445094). Eustis City Commission Page 5 of 10 March 17, 2022  Heather Croney, Senior Planner, reviewed the requested annexation, future land use and design district designation for the property located west of CR 448. She stated the annexation would not create an enclave as they are leaving out a portion to the west so the adjoining property owner will have ingress and egress without having to go through the City. She noted an error in the presentation which indicated the maximum dwelling units per acre would be 5 du/acre but the maximum allowed would actually be 12 du/acre. She stated staff's recommendation for approval and indicated the proposal is consistent with the comprehensive plan and land development regulations and that utility and public service capacity is available. She stated a traffic impact analysis would be required which would be reviewed by the City, County and State. The Commission asked if City and County staff had met regarding the proposal with Ms. Croney responding affirmatively and indicating they would continue to work together as the project moves forward if approved by the Commission. The Commission confirmed that the State has purchased some property off of Waycross in order to straighten out the curve and stated the hope that it will hit the right numbers to require a left hand turn lane. Ms. Croney stated that also came up during the discussion with the City and County staff. Mr. Schroth opened the public hearing at 7:47 p.m. The following individuals addressed the Commission to express concern regarding the proposed annexation including concerns regarding traffic, density, whether or not the site meets the requirements for annexation and the effect on surrounding residents by the development: 1) Eric Reinhold; 2) Carol Schriefer; 3) Dee Gretzler; 4) Cindy Newton; and 5) April Seer. Carolyn Haslam, attorney representing the applicant, confirmed they do have water and sewer available. She stated her client is planning to build 213 multi- family units consisting of one and two bedrooms and one story and there is no commercial development planned at this time. She stated their belief that it will provide a good transition and indicated they have met with the County and State and will continue to meet with City, County and State staff on the development. She emphasized that none of the detailed work has been undertaken yet. There being no further public comment, the hearing was closed at 8:04 p.m. Mayor Holland commented on the development next to Tony's and explained there were some problems which have delayed the construction; however, there is already a waiting list for that development. Moved by Commissioner LeHeup-Smith, seconded by Commissioner Cobb, to approve Ordinance Number 22-07 on first reading. Motion carried by the following votes: Ayes: Commissioner LeHeup-Smith, Commissioner Cobb, Commissioner Hawkins, Vice Mayor Lee and Mayor Holland Eustis City Commission Page 6 of 10 March 17, 2022  6.3 Ordinance Number 22-08: Comprehensive Plan Amendment changing future land use designation Mr. Schroth read Ordinance Number 22-08 by title only 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 F.S.; changing the future land use designation of approximately 24.94 acres of recently annexed real property located on the west side of 448 (Alternate Key Numbers 1445370 and 1445094) from Urban Low in Lake County to Mixed Commercial/Residential (MCR) in the City of Eustis. Mr. Schroth opened the public hearing at 8:06 p.m. There being no public comment, the hearing was closed at 8:06 p.m. Moved by Commissioner LeHeup-Smith, seconded by Vice Mayor Lee, to approve Ordinance Number 22-08 on first reading. Motion carried by the following votes: Ayes: Commissioner LeHeup-Smith, Commissioner Cobb, Commissioner Hawkins, Vice Mayor Lee and Mayor Holland 6.4 Ordinance Number 22-09: Assigning design district designation Mr. Schroth read Ordinance Number 22-09 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 24.94 acres of recently annexed real property located on the west side of CR 448 (Alternate Key Numbers 1445370 and 1445094). Mr. Schroth opened the public hearing at 8:07 p.m. There being no public comment, the hearing was closed at 8:07 p.m. Moved by Commissioner Cobb, seconded by Vice Mayor Lee, to approve Ordinance Number 22-09 on first reading. Motion carried by the following votes: Ayes: Commissioner LeHeup-Smith, Commissioner Cobb, Commissioner Hawkins, Vice Mayor Lee and Mayor Holland 7. OTHER BUSINESS 7.1 Eustis Codes Pertaining to Signage and Littering Commissioner Cobb noted that she was the one that requested the agenda item. She reported she had met with Chief Capri regarding her concerns about the illegal signs and littering. She asked that it be postponed to give Chief Capri time to work on it. She expressed concern regarding the lack of consequences in the City's ordinance. She indicated that she and Chief Capri would be taking a ride to look at the issues. 8. FUTURE AGENDA ITEMS 8.1 Commissioner Hawkins asked for a discussion on traffic calming. Eustis City Commission Page 7 of 10 March 17, 2022  Mayor Holland concurred citing various locations that need to be addressed. He recommended holding a workshop after Public Works and the Police Department work on it. 9. COMMENTS 9.1 City Commission Commissioner Cobb stated that Love Extension will be holding a Walk and Roll on March 30th in Ferran Park to help get seniors out of the house. She indicated they are in need of 250 hot dogs, buns and chips and invited other Commissioners to assist. Chief Capri commented on the department's work with Love Extension and the intent of the event to get the seniors outside. Commissioner Cobb noted she spoke with the City Attorney regarding how individuals have addressed the Commission. She cited accusations of the Commission being corrupt, lying, not doing their homework, and having their minds made up when they get there. She noted that recently the Commission was ready to close down a local motel; however, after being addressed by the property owner's daughter they changed their minds. So they don't have their minds made up when they get there but they do their homework before they get to the meeting. She expressed concern regarding an accusation of taking bribes. She asked if a letter could be written to the person who made the accusation. Mr. Schroth stated that they can demand that the individual do a retraction. He indicated that it is called slander. Discussion was held regarding the negative comments made by members of the public. CONSENSUS: It was a consensus of the Commission for Mr. Schroth to write a letter to the individual demanding a retraction. Commissioner Hawkins commented on the Eustis High School Jazz Revue and the Clean Up with a Cop event. He announced there would be a Sunsets and Sips at Trout Lake Nature Center on March 26th with proceeds to benefit the Nature Center. He then cited the Junior Senior Adult Prom coming up. Commissioner LeHeup-Smith announced that the annual Busker Festival would also be on the 26th. She encouraged people to save their Eustis business receipts so they can vote for their favorite busker. Vice Mayor Lee also commented on how great the Jazz Revue was. She then reported on her efforts to try and get the County enclaves cleaned up. She provided some photographs and cited the response she received from Glen Guzman with the Lake County Code Enforcement Department. She stated that the County is only being reactive and is only responding to complaints from residents. She noted that now the complainants must provide their name and contact information. She commented on the difficulty in attracting businesses when the area needs cleaning up. She encouraged residents to attend the County Eustis City Commission Page 8 of 10 March 17, 2022  Commission meeting and demand that the enclaves get cleaned up or write letters to Kirby Smith and Leslie Campione, the Commissioners representing Eustis or the Commission Chair Sean Parks. She also commented on the possibility of holding more neighborhood cleanups. She expressed concern regarding the lack of participation in the neighborhood cleanups by the residents. Vice Mayor Lee then presented photographs of areas in the City that also need clean up. Mayor Holland recommended that residents use the See-Click-Fix app to document the cleanup issues. He noted the County also has the application. Vice Mayor Lee then cited the area on Bates in the County that needs clean up. Commissioner Cobb reported that she drove Chairman Parks through Eustis showing him the County enclaves that need to be cleaned up. She commented on the change in the State law that now requires complainants to provide their names. 9.2 City Manager Bill Howe, Acting City Manager, announced that Interim City Manager Tom Carrino would be back in the office on Monday. 9.3 City Attorney Mr. Schroth stated that he and Mr. Howe have been working with Vice Mayor Lee on the City Manager contract. He stated that Mr. Carrino is content with his current salary and they are using the old City Manager contract as a template. He indicated they discussed allowing a six month period for him to move into the City. Mr. Schroth then noted that the Commission has not had a raise since 1999. 9.4 Mayor Mayor Holland asked Craig Dolan to provide a report on coming events. Craig Dolan reported on the Junior Senior Adult Prom with a roaring 20's theme. He noted the Busker Festival would be the next weekend and then there would be an Easter Egg hunt on Tuesday, April 7th. He then announced they would be having Bubbles with Blippy on April 16th. He indicated Blippy has a large following. Commissioner Hawkins asked about holding more events at Palmetto Plaza or other locations with Mr. Dolan noting there is an issue with parking. Mr. Dolan noted that the Family Fun Day is being moved to the fall and stated last year it was held at Carver Park. Ann Ivey, Library Director, reported that over 800 tax returns have been completed at the library by AARP. She cited a number of upcoming events and noted the amount of programming being planned for the summer. She announced that, as of April 1st, they would have been processing passports for one year. Eustis City Commission Page 9 of 1O March 17, 2022  Mayor Holland announced the Mother's Day Music Celebration featuring Tonya Wilder would be held on May 7th at the Woman's Club. He also complimented the band on the Jazz Revue. He reported that he and Commissioner Hawkins had attended the Bay Street Players fundraiser at Ferran Park and noted he also attended the grand opening for Valencia Groves II. He cited programs they are offering for their residents including daily activities and adult literacy classes. He added they also assist the residents with grocery shopping, housekeeping and laundry. He commented on how they are also working with Advent Health to get their residents and others their Covid vaccines. He cited NBA player Alonzo Mourning for his involvement with the organization and presented an award they gave to the City. Mayor Holland then commented on how the Commission works and noted they don't always agree but they are civil to one another. He further commented on the need for the residents to work with the Commission to make the community . better. He thanked the audience for their attendance. 10. ADJOURNMENT: 8:46 P.M. These minutes reflect the actions taken and port.ions 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 Clerk Mayor/Commission Eustis City Commission Page 10 of 10 March 17, 2022