City Commission Regular Meeting

APPROVED:8/4/2022 MINUTES Regular City Commission Meeting 6:00 PM - Thursday, July 21, 2022 - City Hall INVOCATION: MOMENT OF SILENCE OBSERVED PLEDGE OF ALLEGIANCE: COMMISSIONER LE-HEUP SMITH CALL TO ORDER: 6:05 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 July 7, 2022 - Regular City Commission Meeting Moved by Vice Mayor Lee, seconded by Commissioner Cobb, 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. AUDIENCE TO BE HEARD 3.1 Lee Conger commented on collaboration of the public with the Commission and requested the Audience to be Heard segment remain early in the agenda. Yolanda Stevenson Taylor addressed the Commission regarding bears causing problems on Liberty Circle and suggested the City provide locked cans or a centralized garbage area. Mayor Holland asked the City Manager to contact Waste Management regarding the possibility of obtaining bear-proof garbage cans. Ms. Stevenson Taylor asked for an update on the roads in their area. Greg Dobbins, Deputy Utilities Director for Utilities, responded the paving would begin the following week. Gail Isaac Thomas spoke about volunteers on the CRA board being given the right to vote and to bring it before the Commission. Eustis City Commission Page 1 of 10 July 21, 2022  Mayor Holland stated he would bring it up at the end of the meeting and see if any of the Commissioners are willing to have that discussion placed on a future agenda. Charlie and Lori Kalapp addressed the Commission regarding his property off Bates Avenue being damaged by the construction on the Umatilla force main. He also stated they had been cited three times in one week regarding their chickens. He explained that his wife suffers from anxiety disorder and finds comfort from the chickens. He indicated that their realtor did not inform them that chickens were not allowed within the City. 4. CONSENT AGENDA 4.1 Resolution Number 22-52: Approving a Request from Duke Energy for a Perpetual Easement in the Alley Located at 30 North Eustis Street Moved by Vice Mayor Lee, seconded by Commissioner Hawkins, to approve the Consent Agenda . Motion carried by the following votes: Ayes: Commissioner LeHeup-Smith , Commissioner Cobb, Commissioner Hawkins, Vice Mayor Lee and Mayor Holland 5. ORDINANCES, PUBLIC HEARINGS & QUASI-JUDICIAL HEARINGS 5.1 Resolution Number 22-40: Modification to Approved Site Plan with Waivers for Prime Plumbing {37136 State Road 19 {Alternate Key Number 1407249) Derek Schroth, City Attorney, announced Resolution 22-40: A Resolution of the City Commission of the City of Eustis, Florida; approving a modification to a previously approved site plan with waivers for Prime Plumbing showroom relocation , two storage buildings and additional other buildings for the business use, all totaling approximately 12,638 square feet on 5.82-acres at 37136 State Road 19. Mike Lane, Development Services Director, reviewed the request for a modification to the previously approved development site plan with waivers for Prime Plumbing. He provided an overview of the site and the previously approved site plan and waivers. He explained the additional waivers being requested as follows: 1) No landscaping along the north, south and east boundary lines except for shrubbery along the 8' walls on the north driveway; 2) No landscaping next to the 8' wall; 3) No plantings interior to the site; and 4) Reduction in the minimum landscape buffer along SR 19 to a 10' buffer in lieu of the 15' buffer. He presented artist's renderings of the proposed landscaping from the east and southeast. He stated , if approved by the Commission , the site would still be subject to submitting the final engineering and construction plans within one year and the applicant would satisfy the Development Review Committee concerns related to the fire hydrant distancing . He stated staff is recommending denial of the waivers due to the lack of evidence in hardship and the intent appears to be to circumvent the land development code. Eustis City Commission Page 2 of 10 July 21, 2022  The Commission commented on the applicant's major concern regarding security during the previous approval and cited the apparent four-foot fence . They questioned who owns the adjoining property. Steve Vaughn, representing the owner, indicated Prime Plumbing owns from 12 to 16 inches from the face of the wall and back. He added that the existing wall is 8 feet tall and the gate would also be 8 feet. He further explained that Prime Plumbing also owns the adjoining parcel with the house on it and future plans are to develop a fencing scenario with the adjacent property. Mr. Vaughn explained the purpose of the request is to enhance the property with the decorative 8-foot wall system in lieu of a chain link fence and landscaping as originally proposed . He indicated that the wall system is substantially more expensive but would provide something to the community that would have a greater aesthetic value as well as security. He added they are also asking for consideration from the Commission to investigate alternatives to the landscaping and fencing criteria for industrial properties so if someone wants to install a similar wall system that would be an acceptable alternative. He explained they have attempted to address staffs concerns regarding everything facing Hwy. 19 and have committed to putting a hedge system facing Locust Lane/Fifth Street. The Commission noted the picture rendering doesn't include Rapture Air with Mr. Vaughn indicating the two buildings to the left of the blue line were left off for clarity. The Commission then looked at the picture of the front of the building with the landscaping with Mr. Vaughn stating that shows the current condition of Phase 1 and the next picture shows the Phase 2 with the two-story structure. The Commission expressed support for the wall; however, they can't circumvent code. It was acknowledged there is not a lot of room at the front with Mr. Vaughn noting that there is a power transmission line on the east property line and on the Rapture Air section there is an overhead line as well. He noted that the Public Service Commission states only understory trees may be planted under the overhead lines. Mr. Vaughn explained they had the renderings created without trees to try and show alternatives to landscaping that would enhance the area. He commented on the need for the Commission to address industrial issues. Mr. Schroth opened the public hearing at 6:33 p.m. There being no public comment, the hearing was closed at 6:33 p.m. Following the motion , the Commission discussed whether or not they would be setting a precedent. Mr. Schroth explained that each property is considered unique so they wouldn't actually be setting a precedent; however, if a similar request was made they would have to have justification for denial. He added that most properties are different so a clear precedent is not set. The Commission acknowledged the improvements to the property made by the owners. Moved by Commissioner LeHeup-Smith , seconded by Commissioner Hawkins, to approve Resolution Number 22-40. Motion carried by the following votes: Eustis City Commission Page 3 of 10 July 21, 2022  Ayes: Commissioner LeHeup-Smith, Commissioner Cobb, Commissioner Hawkins, Vice Mayor Lee and Mayor Holland 5.2 Resolution Number 22-46: Chelsea Square Station Preliminary Subdivision Plat with Waivers Mr. Schroth announced Resolution 22-46: A Resolution of the City Commission of the City of Eustis, Florida; approving a preliminary subdivision plat, with a waiver request to permit a minimum 10-ft landscape buffer along the southern property line in lieu of a minimum 15-ft landscape buffer as is required along all public streets (LOR section 115-9.3.2 (a)(2)), a waiver request to allow lot depth dimensions less than required for house lot (LOR section 110-4.2), and a waiver request to allow cottage lot type not as part of PUD (LOR section 109-5.6), for the Chelsea Square Station subdivision, a 113-lot single-family residential subdivision, on approximately 28.62 acres of property located on the North side of State Road 44, between Rust Road and Estes Road (alternate key numbers 1069301 and 3881312). Jeff Richardson, Deputy Director for Development Services, discussed the preliminary subdivision plat for Chelsea Square Station for a proposed 113-lot single family residential subdivision with a 0. 71-acre commercial outparcel with waivers. He noted general location and land use designation within a Suburban Neighborhood and Suburban Corridor Design District. He provided background information, previous construction approval by Lake County, and annexation into the City in 2019. Mr. Richardson reviewed the requested waivers as follows: 1) Waiver to house lot dimensional standards due to previous approval by Lake County; 2) Waiver to allow Cottage Lot outside of a PUD; and 3) Waiver to right- of-way buffer requirements to allow a reduction in the minimum buffer width to 10 feet with an average of 25 feet. It was noted that the average will still provide a minimum 25 feet of width along SR 44. He stated staffs recommendation for approval of the preliminary subdivision plat and requested waivers with the condition that the existing utilities be remediated or replaced prior to City Commission consideration of the Final Plat. The Commission confirmed that use of the Cottage Lot wou ld still require a garage and the square footage of the commercial area. Mr. Schroth opened the public hearing at 6:43 p.m. Ms. Congers expressed support for the use of dark skies lighting and requested that it be utilized for the Chelsea Square development to reduce the impact on the rural area and environment. She indicated she would send to the Commission a link to the International Dark Sky Association which shows the difference in cost between traditional lighting and dark sky lighting. She commented on the excess light effect on health. She encouraged the City to incorporate dark sky requirements for all future developments. Tom Carrino, City Manager, indicated that the City does not have dark sky requirements; however, it does have regulations regarding the amount of light extending beyond a property. Eustis City Commission Page 4 of 10 July 21, 2022  Cindy Newton expressed concern regarding environmental impact on the wetlands and habitat and how the pollutant load would be monitored. She asked if housing would be adjusted to provide dry land for animals and children. The public hearing was closed at 6:49 p.m. Following the motion and second , the Commission discussed the increase in dwelling units from 76 to 110 units and the close proximity of the homes. The public hearing was re-opened to allow the applicant to speak at 6:52 p.m. Kim Booker, Booker and Associates , noted the project was approved previously as a conceptual plan and stated the preliminary subdivision plan has been created primarily consistent with that concept plan except for elimination of the previously proposed commercial with the cottages replacing the commercial. She indicated the developer is also providing interconnectivity to SR 44 which was strongly desired by staff. She noted that the developer was not originally in favor of that due to increasing the traffic through the development. She emphasized the elimination of the commercial which would have been a higher, more intense, use. She stated that people are looking for the smaller homesites. Kimberly Beck, engineer for the project, stated the wetland area is being preserved and that both initial treatment and secondary treatment will be provided for the stormwater especially for those lots that back up to the wetlands. She explained that the stormwater meets or exceeds the requirements of both the Water Management District and the City of Eustis. She emphasized they have worked diligently with staff to mirror the original concept plan . She noted the previous plan that was approved by Lake County included the commercial and was later annexed into the City. She stated construction was begun and the roads were constructed. She explained that rather than putting the smaller lots in that were previously approved , they put in the 60-foot lots. She stated they are now just asking for approval of the preliminary site plan. The Commission asked about the buffer on SR 44 with Ms. Beck noting there is a wall required along SR 44; however, due to an issue with the survey and a skew in the property line, the buffer outside the wall now varies between 7 .8 feet to 15 feet. The Commission asked about the aesthetics of cottage homes with Ms. Booker explaining those have not been designed yet. She commented on how those homes might look. She explained that the back portion was reduced from 76 to 74 and the cottage homes will be installed where the commercial was. It was noted that the use of the cottage homes was included on the concept plan . Mayor Holland re-opened the floor to public comment at 6:59 p.m . David Matt, D.R. Horton, stated that there would be a product mix between the back and the front. He indicated there would be a 30-foot wide product which is very hard to find in the current market due to affordability rates. He explained they will be able to offer a variety of price points. Eustis City Commission Page 5 of 10 July 21, 2022  The Commission commented on the "product" for the Lake County and Eustis way of life and asked if they considered the local way of life when developing their plan . Mr. Horton responded the best concept for the area has been considered since 2020 and their intent to offer a home size to attract those people that may not be able to use the larger home size. The Commission expressed support for retaining the original commercial concept. Mr. Matt stated he assumes they do not want to see just a row of houses along the street and suggested they may be able to do a more enhanced landscape to make it more aesthetically pleasing . It was noted that the project is only 7 to 22 feet off of SR 44. Mr. Matt further stated that the traffic flow would be significantly increased with the commercial so only having the residential would reduce the flow. The Commission questioned what the original commercial concept was . Jake Barrett, representing the owner and Asset Restructuring, stated there was no concrete plan for the commercial. He stated the existing infrastructure is crumbling and emphasized the need for it to be improved. He explained how they determined what needs to be done with the project and how they decided to utilize the cottage lots. He further stated they had considered a small adult living facility for the commercial. He indicated the owner's passion is adult living facilities . There being no further public comment, the hearing was closed at 7:05 p.m . Moved by Commissioner LeHeup-Smith , seconded by Commissioner Hawkins, to approve Resolution Number 22-46. Defeated by the following votes: Ayes : Commissioner LeHeup-Smith Nays: Commissioner Cobb , Commissioner Hawkins, Vice Mayor Lee and Mayor Holland 5.3 Resolution Number 22-53: Release of Code Enforcement Lien recorded against 2250 Dixie Avenue - Case #20-00235 Mr. Schroth announced Resolution 22-53: A Resolution of the City Commission of the City of Eustis, Florida; providing for a release of lien recorded against a single- family residential dwelling located at 2250 Dixie Avenue. Mr. Carrino discussed the code enforcement process and explained what is presented is not the normal process. He stated that a contractor has built a new home on the property and the financing has been held up due to the lien on the property. The contractor has asked to have the process expedited ; however, the Code Enforcement Board does not meet until next month. He further stated that, at the time the request was received , there were still some significant issues on the site. He indicated that since then the contractor has had crews work to get the property cleaned up. He then presented photos of the property. He noted that Eustis City Commission Page 6 of 10 July 21, 2022  there were various code issues on property including illegal operations and car repair on the property. He stated that significant improvement has been made on the property. He then presented photos taken July 21st of the site showing the improvement. He added that it is not 100% up to code. He explained that the owner has committed to installing opaque fencing; however, that cannot be completed until the financing is finalized . He then explained that staff typically asks for hard costs to be covered when a release of lien is requested . The hard costs have been calculated at $1,420 and the existing lien is for over $100,000. Mr. Carrino stated the resolution would approve the release of lien and allow for the loan closing . He explained that City contact has been primarily with the contractor who has done the cleanup and not the owner. The Commission questioned who owns the property with Mr. Carrino explaining the owners were previous renters who then purchased the property two years ago. The Commission expressed concern regarding the situation with Mr. Carrino indicating that the building permits were pulled for the Dixie side with the contractor then cleaning up the Suannee side. Concern was expressed as to why the contractor pulled the permits without checking to see if there were liens on the site. Mr. Carrino explained that the Code Enforcement Board approved the lien in February with the lien actually being recorded in June. The Commission asked whether or not the City would alert someone to existing liens if they try to pull a building permit with Mr. Carrino stating he did not believe existing liens would prevent someone from pulling a building permit. The Commission asked when construction began with Mr. Carrino responding he thought it began in February. He also indicated a demolition permit would have been pulled to tear down the old house. Mr. Schroth opened the public hearing at 7: 15 p.m. Commissioner Cobb reviewed her research on the property owners , code violations , and taxes that have been paid. She expressed concern regarding someone pulling a permit when the property had existing code violations. She expressed opposition to fast tracking the request and questioned why the contractor has asked for the lien to be released and not the property owner. She also questioned why it was stretched out for two years. Commissioner Hawkins suggested the owner go before the Code Enforcement Board to follow the proper process . There being no further public comment, the hearing was closed at 7:19 p.m. There being no motion , the resolution was denied . 5.4 Second Reading : Ordinance Number 22-16 Annual update of the five-year Capital Improvement of the Comprehensive Plan Fiscal Year 2023-2027 Eustis City Commission Page 7 of 10 July 21, 2022  Mr. Schroth read Ordinance Number 22-16 by title on second and final reading: An ordinance of the City Commission of the City of Eustis, Lake County, Florida, approving the annual update of the five-year capital improvement schedule of the comprehensive plan pursuant to Florida statutes 163.3177(3)5(b); providing for conflicting ordinances, severability, and effective date. Mr. Schroth opened the public hearing at 7:20 p.m . There being no public comment, the hearing was closed at 7:21 p.m. Moved by Commissioner Cobb, seconded by Vice Mayor Lee, to approve Ordinance Number 22-16 on second and final reading . Motion carried by the following votes: Ayes: Commissioner LeHeup-Smith , Commissioner Cobb, Commissioner Hawkins, Vice Mayor Lee and Mayor Holland 6. FUTURE AGENDA ITEMS 6.1 Mayor Holland asked whether the Commission wanted to discuss allowing the CRA representatives to vote. There was no consensus to place that on a future agenda . Mayor Holland asked if the Commission wanted to place on a future agenda a discussing about allowing chickens. It was a consensus to have a discussion on chickens placed on the next agenda with Mayor Holland asking the minutes of previous discussions be provided to the Commissioners. He asked Greg Dobbins to speak with the same gentleman regarding his other issue. 7. COMMENTS 7.1 City Commission Commissioner Hawkins reported there would be a First Responders blood drive on July 30th along with the back to school drive. He then announced that Lake Cares would be going before Lake County on August 2nd and explained there has been some resistance to their new location . He asked the Commissioners to attend and provide support. He commented on a meeting he had with them regarding their capital campaign. He stated they were asking each of the cities to partner with them on their various programs. He indicated a request would come before the Commission from them in the future. He then reported on the number of City residents and students served by Lake Cares. He stated a lot of their clientele is coming from Eustis so he would support additional funding from the City. Vice Mayor Lee expressed appreciation for all of the love, caring and support following the death of her mother. 7.2 City Manager Mr. Carrino reported on improvements completed at Bennet Park and efforts to get a fence contractor to repair the fencing . He stated that Horace Jones has asked to present to the Commission about a potential partnership with the Housing Authority regarding use of their community space. He indicated that the Lake Eustis City Commission Page 8 of 10 July 21, 2022  Community Action Agency has also asked to provide a presentation and questioned if they wanted them both on August 4th . It was a consensus of the Commission to have them both on August 4th with the understanding if LCAA goes long, the Housing Authority may be asked to come back to the August 18th meeting. Mr. Carrino then reported Public Works would be surveying Coolidge relating to utilities. He added that a lot of work had to be done to determine if they move on to road improvements. He then reported that a group purchased the old Rinkers/Cemex site. He explained it is a fuel blending operation and they are interested in obtaining rail service. He further explained they have expressed interest in the adjoining City property in order to bring in a rail spur and questioned if the Commission would approve for staff to begin negotiating with them for sale of the property. The Commission questioned whether or not the City would need to offer it for sale via bid with Mr. Carrino indicating that there is no other access to the property except through the other organization's property so any other buyer would not have access. He confirmed the City has no use for the property. Commissioner Cobb questioned whether or not the property would be along the route for the planned trail from Tavares to Eustis. She also expressed concern about the company cleaning up the property they already have. The Commission discussed holding off until further decisions are made about the trail development. It was agreed to hold off until additional decisions have been made regarding the trail. Commissioner Cobb asked about the application process for CDBG grants. Mr. Carrino noted he had a discussion with the County regarding the City's CDBG status and they would continue to work on that process. Commissioner Hawkins asked about the status of the grantwriter position with Mr. Carrino reporting that the City had looked at one applicant but it didn't work out. He indicated that the position is still being advertised. He noted a company that offers lobbying for State grants but they don't write the grants. 7.3 City Attorney Mr. Schroth reported on ongoing issues with Sharp's Mobile Home Park noting that, if there is a life or health/safety issue, the City has the ability to seek an immediate injunction from the duty judge. He stated for the ongoing violations, the best mechanism for enforcement is still code enforcement. Mr. Schroth then commented on the Gunster letter regarding the controversial Map #19 in the Comprehensive Plan. He asked to have an attorney from Gunster provide a presentation regarding their conclusions either in person or via zoom. It was a consensus of the Commission to proceed with that. Eustis City Commission Page 9 of 10 July 21, 2022  Mr. Schroth then asked for direction from the Commission regarding a request to change the Commission Rules of Order to move the "Audience to be Heard" section of the agenda to after "Future Agenda Items". The Commission discussed the pros and cons of where to place the "Audience to be Heard" on the agenda. It was a consensus to leave it where it is on the agenda. Mr. Schroth then reported that his associate Sasha Garcia would attend the next meeting in his stead . 7.4 Mayor Mayor Holland expressed appreciation to the public and noted that, while the Commission may not always make the decisions they want, they do try to read everything and listen to the public to make the best decisions possible for the City. 8. ADJOURNMENT: 7:43 P.M. 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 of the meeting can be obtained from the office of the City Clerk for a fee. 0~ f uo~ CHRISTINE HALLORAN MICHAEL L. HOLLAND City Clerk Mayor/Commissioner Eustis City Commission Page 10 of 10 July 21, 2022