City Commission Regular Meeting

APPROVED 10/17/2024 MINUTES City Commission Meeting 6:00 PM -Thursday, September 19, 2024- City Hall Invocation: Moment of Silence Pledge of Allegiance: Vice Mayor Emily Lee Call to Order: 6:00 P.M. Acknowledge of Quorum and Proper Notice PRESENT: Vice Mayor Emily Lee, Commissioner Gary Ashcraft and Mayor Michael Holland ABSENT: Commissioner Willie Hawkins 1. Agenda Update: None 2. Approval of Minutes July 11, 2024 City Commission Budget Workshop Motion made by Vice Mayor Lee, Seconded by Commissioner Ashcraft, to approve the Minutes. Motion passed on the following vote: Voting Yea: Commissioner Ashcraft, Vice Mayor Lee, Mayor Holland 3. Swearing-In of Interim Commissioner for Seat #4 3.1 Swearing-in of Interim Commissioner for Seat #4 - Christine Cruz Christine Halloran , City Clerk, administered the Oath of Office to Interim Commissioner Christine Cruz. 4. Presentations 4 .1 Introduction of Eustis Heights Elementary School Principal, Dr. Juanita McCall, by Lake County Schools Superintendent, Diane Kornegay Diane Kornegay, Lake County Schools Superintendent, introduced the new Eustis Heights Elementary School Principal , Dr. Juanita McCall. Ms. Kornegay also thanked the Commission for their involvement with the area schools. Dr. McCall gave a brief review of her history as a Lake County native. She commented on upcoming plans for the school and cited some of their recent events. 4.2 Presentation of Duke Energy Grant Award Tom Carrino, City Manager, thanked Duke Energy and highlighted some of their work with the City. He noted the City has applied for some EDA funds for a targeted market study. Mayor Holland introduced Mark Hoenstein, Managing Director of Economic Development for Florida. Eustis City Commission Page 1 of 9 September 19, 2024  Mr. Hoenstein stated Duke Energy serves 1.9 million customers in 34 counties in Florida. He commented on Duke's commitment to economic development and how they help their communities to grow and thrive. He cited their economic development grant through the Duke Energy Foundation noting they annually award $30 million in philanthropic support. He indicated those funds are provided by the shareholders not the customers. He explained how the program is operated and the focus of the program. He complimented Al Latimer, Economic Development Director, and his team . Mr. Hoenstein presented the check to Al Latimer and grantwriter Nadine Mann. 4.3 Department Update: Code Enforcement Eric Martin, Code Enforcement Supervisor, reported on Code Enforcement activities and revenue collected from 2014 to date. He reviewed their average statistics per year. He stated most of the complaints come from residential violations; however, they have been focusing on commercial violations. He cited several commercial cases including Family Dollar, CFS Auto Sales, Dollar General and RaceTrack. He noted they have begun generating a weekly update. Mayor Holland thanked Mr. Martin and his staff for their work and how much better the City is looking. He noted that, while the City will take people's money, that is not what they want to do. What it wants is compliance. Mr. Martin thanked the Commission for the addition of a new code enforcement inspector and commented on how much that will help. He also commented on how well the department operates under Chief Capri. 5. Audience to be Heard Mr. Carrino announced there is an item under "Other Business" concerning the Grove at Pine Meadows. Public comment is not normally allowed for "other business" items; therefore, if anyone is there to speak on the Grove at Pine Meadows, they should come up under Audience to be Heard. Wolanda Little explained she would like to get the books she has written into the library and/or the school system and would also like to read to the school children. She noted a number of her books are faith-based. She cited the possibility of establishing a book club at the schools. Mayor Holland indicated the City would provide her with the School Superintendent's contact information and introduced her to City Library Director Ann Ivey. Amanda Hall commented on the public meeting with the developer and stated they were not happy with comments made by the developers. She expressed concern regarding a number of intersections and the increase in population . Heather Gross commented on damage to the roads from rain and traffic, and cited the increased number of kids in the schools. Eric Geisler expressed concern regarding the number of houses proposed for Grove at Pine Meadows. An unidentified student expressed concern regarding the affect on the wildlife and problems in the schools due to the increased student population . Colin Cosden , property owner for the Grove at Pine Meadows, stated they have completed the required traffic study and school study. He cited his family's history in the community and stated that the proposed development is well within code. He expressed concern regarding the personal comments made at the community meeting . Eustis City Commission Page 2 of9 September 19, 2024  Nick Burden reiterated they have completed all the required studies. He noted the community meeting lasted three hours. He explained that to have more grocery stores or similar stores, there has to be more rooftops. 6. Consent Agenda 6.1 Resolution Number 24-75: Approving a Purchase in Excess of $50,000 for a Public Utilities Crane Truck Motion made by Commissioner Ashcraft, Seconded by Vice Mayor Lee, to approve the Consent Agenda . Motion passed on the following vote: Voting Yea: Vice Mayor Lee, Commissioner Ashcraft, Commissioner Cruz, Mayor Holland 7. Ordinances, Public Hearings, & Quasi Judicial Hearings 7.1 Resolution Number 24-66: Final Millage Rate for the Fiscal Year 2024/25 Sasha Garcia, City Attorney, stated there are two resolutions - Resolutions 24-66 and 24- 67. She stated it is a public hearing to hear and consider the comments and questions concerning the City's final millage rate and final budget for the coming fiscal year of 2024- 2025. The City of Eustis is proposing a final millage rate of 7.5810 which reflects a 7.78% increase from the rollback rate of 7.034 mils. The justification for the increase is that the millage rate is higher than the rollback rate of 7.034 in order to cover increased operating costs. Sasha Garcia, City Attorney, read Resolution Number 24-66 by title: A Resolution by the City Commission of the City of Eustis, Lake County, Florida, adopting the final millage levy of ad valorem taxes for the City of Eustis, Lake County, for the Fiscal Year 2024/25, providing for an effective date. Commissioner Cruz asked if next year the City could work toward the rollback rate with Mike Sheppard, Finance Department, explaining the City's functional millage rate. He indicated that comparing the functional millage rate to the other cities ranks Eustis as the second lowest. Tom Carrino, City Manager, stated staff is willing to work with the Commission to establish the priorities and determine what is important in order to see if they can get closer to the rollback. Commissioner Cruz cited the impact on rental units, elderly and families by increased taxes. She indicated that providing more warning to the department heads about the need to reduce taxes would help to meet that goal. Vice Mayor Lee commented on what may have to be cut or what personnel in order to achieve the rollback rate. Mr. Sheppard cited all of the factors that would go into implementing the rollback rate. Further discussion was held regarding what would need to occur to implement the rollback rate. Attorney Garcia opened the public hearing at 6:46 p.m . There being no public comment, the hearing was closed at 6:46 p.m. Motion made by Vice Mayor Lee, Seconded by Commissioner Ashcraft, to approve Resolution Number 24-66 adopting the final millage rate of 7.5810. Motion passed on the following vote: Voting Yea: Vice Mayor Lee, Commissioner Ashcraft, Commissioner Cruz, Mayor Holland Eustis City Commission Page 3 of 9 September 19, 2024  7.2 Resolution Number 24-67: Adopting a Final Budget for the fiscal year 2024/25 Attorney Garcia read Resolution Number 24-67 by title: A Resolution by the City Commission of the City of Eustis, Lake County, Florida, adopting the final budget for the Fiscal Year 2024/25, providing for an effective date. Attorney Garcia opened the public hearing at 6:47 p.m . There being no public comment, the hearing was closed at 6:47 p.m. Motion made by Vice Mayor Lee, Seconded by Commissioner Ashcraft, to approve Resolution Number 24-67 adopting the final budget for FY2024-25. Motion passed on the following vote. Voting Yea: Vice Mayor Lee, Commissioner Ashcraft, Commissioner Cruz, Mayor Holland 7.3 SECOND READING Explanation of Ordinances for Annexation of a Parcel with Alternate Key 1734193: Ordinance Number 24-26 - Voluntary Annexation Ordinance Number 24- 27 - Comprehensive Plan Amendment Ordinance Number 24- 28 - Design District Assignment Ordinance Number 24-26: Voluntary Annexation of a Parcel with Alternate Key 1734193 Attorney Garcia read Ordinance Number 24-26 by title on second and final reading : An Ordinance of the City Commission of the City of Eustis, Florida, voluntarily annexing approximately 0.25 acres of real property at Alternate Key Number 1734193, end of Blaine Street (unimproved), south of the intersection of Blaine Street and Maine Avenue, on the west side of Blaine. Attorney Garcia opened the public hearing at 6:48 p.m. There being no public comment, the hearing was closed at 6:48 p.m. Motion made by Commissioner Ashcraft, Seconded by Vice Mayor Lee, to adopt Ordinance Number 24-26 on final reading . Motion passed on the following vote: Voting Yea: Vice Mayor Lee, Commissioner Ashcraft, Commissioner Cruz, Mayor Holland 7.4 SECOND READING Ordinance Number 24-27: Comprehensive Plan Amendment - Assignment of Future Land Use of a Parcel with Alternate Key Number 1734193 Attorney Garcia read Ordinance Number 24-27 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 F.S.; changing the future land use designation of approximately 0.25 acres of real property at Alternate Key Number 1734193, end of Blaine Street (unimproved) , south of the intersection of Blaine Street and Maine Avenue, on the west side of Blaine, from Urban Low in Lake County to Suburban Residential in the City of Eustis. Attorney Garcia opened the public hearing at 6:49 p.m . There being no public comment, the hearing was closed at 6:49 p.m. Motion made by Vice Mayor Lee, Seconded by Commissioner Ashcraft, to adopt Ordinance Number 24-27 on final reading . Motion passed on the following vote: Voting Yea: Vice Mayor Lee, Commissioner Ashcraft, Commissioner Cruz, Mayor Holland Eustis City Commission Page 4 of9 September 19, 2024  7.5 SECOND READING Ordinance Number 24-28: Design District Assignment of a Parcel with Alternate Key 1734193 Attorney Garcia read Ordinance Number 24-28 by title on second and final reading: An Ordinance of the City Commission of the City of Eustis, Lake County, Florida; assigning the Suburban Neighborhood design district designation to approximately 0.25 acres of real property at Alternate Key Number 1734193, on end of Blaine Street (unimproved), south of the intersection of Blaine Street and Maine Avenue, on the west side of Blaine. Attorney Garcia opened the public hearing at 6:50 p.m. There being no public comment, the hearing was closed at 6:50 p.m . Motion made by Commissioner Ashcraft, Seconded by Vice Mayor Lee, to adopt Ordinance Number 24-28 on final reading. Motion passed on the following vote: Voting Yea: Vice Mayor Lee, Commissioner Ashcraft, Commissioner Cruz, Mayor Holland 7.6 SECOND READING Ordinance Number 24-31: Annual Update of the 5-year Capital Improvements Schedule of the Comprehensive Plan Fiscal Year 2025-29 Attorney Garcia read Ordinance Number 24-31 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 under Florida Statutes 163.3177(3)5(b); providing for conflicting ordinances, severability, and effective date. Attorney Garcia opened the public hearing at 6:51 p.m . There being no public comment, the hearing was closed at 6:51 p.m. Motion made by Vice Mayor Lee, Seconded by Commissioner Ashcraft, to adopt Ordinance Number 24-31 on final reading. Motion passed on the following vote: Voting Yea: Vice Mayor Lee, Commissioner Ashcraft, Commissioner Cruz, Mayor Holland 7.7 SECOND READING Explanation of Ordinances for Annexation of Parcel with Alternate Key 1064309: Ordinance Number 24-32 - Voluntary Annexation Ordinance Number 24-33 - Comprehensive Plan Amendment Ordinance Number 24-34 - Design District Assignment Ordinance Number 24-32: Voluntary Annexation Parcel with Alternate Key 1064309 Attorney Garcia read Ordinance Number 24-32 by title on second and final reading : An Ordinance of the City Commission of the City of Eustis, Florida, voluntarily annexing approximately 0.19 acres of real property at Alternate Key Number 1427118, on Coolidge Street and Suanee Avenue, on north side of Suanee Avenue. Attorney Garcia opened the public hearing at 6:52 p.m. There being no public comment, the hearing was closed at 6:52 p.m . Eustis City Commission Page 5 of9 September 19, 2024  Motion made by Commissioner Ashcraft, Seconded by Commissioner Cruz, to adopt Ordinance Number 24-32 on final reading. Motion passed on the following vote: Voting Yea: Vice Mayor Lee, Commissioner Ashcraft, Commissioner Cruz, Mayor Holland 7 .8 SECOND READING Ordinance Number 24-33: Comprehensive Plan Amendment - Assignment of Future Land Use for Annexation of Parcel with Alternate Key 1064309 Attorney Garcia read Ordinance Number 24-33 by title on second and final read ing: 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 0.19 acres of real property at Alternate Key Number 1427118, on Coolidge Street and Suanee Avenue, on north side of Suanee Avenue from Urban Low in Lake County to Suburban Residential in the City of Eustis. Attorney Garcia opened the public hearing at 6:53 p.m. There being no public comment, the hearing was closed at 6:53 p.m . Motion made by Commissioner Ashcraft, Seconded by Vice Mayor Lee, to adopt Ordinance Number 24-33 on final reading . Motion passed on the following vote: Voting Yea: Vice Mayor Lee, Commissioner Ashcraft, Commissioner Cruz, Mayor Holland 7.9 SECOND READING Ordinance Number 24-34 : Assignment of Design District for Parcel with Alternate Key Number 1064309 Attorney Garcia read Ord inance Number 24-34 by title on second and final reading: An Ordinance of the City Commission of the City of Eustis, Lake County, Florida; assigning the Suburban Neighborhood design district designation to approximately 0.19 acres of real property at Alternate Key Number 1427118, on Coolidge Street and Suanee Avenue, on north side of Suanee Avenue. Attorney Garcia opened the public hearing at 6:54 p.m . There being no public comment, the hearing was closed at 6:54 p.m. Motion made by Vice Mayor Lee, Seconded by Commissioner Ashcraft, to adopt Ordinance Number 24-34 on final reading . Motion passed on the following vote: Voting Yea: Vice Mayor Lee , Commissioner Ashcraft, Commissioner Cruz, Mayor Holland 7.10 FIRST READING Ordinance Number 24-38 : Conditional Use Permit for an Accessory Dwelling Unit at 514 East Washington Avenue Attorney Garcia read Ordinance Number 24-38 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 an accessory dwelling unit to an existing single-family residence in the Suburban Residential (SR) future land use district on approximately 0.2 acres located at 514 East Washington Avenue. Kyle Wilkes, Senior Planner, reviewed the requested conditional use permit application . He noted that the property is located within the Washington Avenue Historic District which required the applicant to obtain a Certificate of Appropriateness from the Historic Preservation Eustis City Commission Page 6 of 9 September 19, 2024  Board. The COA was approved on 7/10/2024. He explained the request is to convert a detached garage to an accessory dwelling unit, including modification of the windows and addition of a kitchenette and bathroom. He reviewed the history of the property regarding a code enforcement violation and the Certificate of Appropriateness. He indicated the future land use is Suburban Residential and the design district is Urban Neighborhood. He presented photographs of the site. He stated that Section 109-4 of the City's land development regulations does allow for an accessory apartment as a conditional use within the SR district. He explained that one accessory unit is allowed per lot either within the primary structure or as a freestanding structure; however, it must be located so as not to interfere with the appearance of the principal structure. He reviewed the parking requirements for such accessory dwellings and presented the proposed site plan provided by the applicant. He reviewed staffs analysis of the request and criteria for that review. He confirmed the required advertising and notices were completed and expressed staffs recommendation for approval. The Commission confirmed that no public concerns were received and asked if the Historic Preservation Board had any conditions on the approval. Jeff Richardson , Deputy Development Services Director, stated that the HPB did require that the windows must match the period and style of the house. He explained that was a condition for getting the COA, not a condition for receiving the conditional use. Attorney Garcia opened the public hearing at 7:03 p.m . There being no public comment, the hearing was closed at 7:03 p.m. Motion made by Commissioner Ashcraft, Seconded by Vice Mayor Lee, approve Ordinance Number 24-38 on first reading . Motion passed on the following vote: Voting Yea: Vice Mayor Lee, Commissioner Ashcraft, Commissioner Cruz, Mayor Holland 8. Other Business 8.1 Discussion on Reconsideration of Resolution Number 24-57: Preliminary Subdivision Plat Approval for the Grove at Pine Meadows Mr. Carrino provided a brief history of the previous denial of Resolution Number 24-57 . He noted one of the issues discussed at that time was whether or not the developer had held a community meeting. He stated that the Commission's Rules of Order require an applicant to wait nine months before bringing back something substantially similar unless voted on by a majority of the Commission to rehear the resolution. He reported that the Rules of Order allows for the applicant to request a rehearing . He stated the discussion is not on the technical merits of the application but on whether or not the Commission is willing to allow another public hearing. Attorney Garcia commented on the Request for Relief and indicated they did hold a community meeting to hear the concerns of the residents. Mr. Carrino emphasized that they need to make their decision based on the merits of the case, not on the technical merits of the application. He thanked the Commissioners for not attending the community meeting. Mayor Holland expressed support for rehearing the application and explained he wants to hear what the developer learned from the community meeting. Vice Mayor Lee agreed stating she wants to see if they make any changes based on the community meeting. Eustis City Commission Page 7 of9 September 19, 2024  Commissioner Ashcraft stated that had he been on the Commission at that time, he would not have voted for annexing the property as it doesn't make sense. Commissioner Cruz stated she would like to hear from the developer what changes they may have made based on the community meeting. Discussion was held regarding when to schedule the next public hearing with Mr. Carrino stating that the soonest it could be presented is October 17th; however, that may not occur either due to the possibility of it needing to go back to the Development Review Committee. He recommended not setting a date certain at this time. He noted that any advertisement may be based on any changes they have made. CONSENSUS: It was a consensus of the Commission to allow the rehearing of Resolution Number 24-57. Attorney Garcia confirmed she would reach out to the developer's attorney and that the soonest it could be heard is the October 17th meeting with Mr. Carrino clarifying if it does not need additional review by the Development Review Committee. 9. Future Agenda Items and Comments 9.1 City Commission Commissioner Ashcraft welcomed Interim Commissioner Cruz and thanked Sam Brinson , Parks and Recreation Director, for his assistance with a student who he found walking home from the middle school in the rain, offered him shelter in the Parks and Recreation building and wound up signing him up for the after school program. He stated that's the type of thing that makes him proud to be on the Commission. Vice Mayor Lee reported she had attended the Senior breakfast and thanked Parks and Recreation for continuing the program . Commissioner Cruz reported on a meeting she had with Students Against Tobacco. She indicated they informed her that the Lake County Sheriff now has a vape sniffing dog. She commented on the possibility of them getting an additional dog and the City partnering with the Sheriff. She expressed the possibility of the City instituting a "no smoking" policy in all the City playgrounds. She announced National Clean Up Day would be recognized on September 20th and throughout the weekend and encouraged everyone to participate. She announced that Tedex Eustis has started selling tickets and it will be held out at Camp Boggy Creek. Vice Mayor Lee commented on the following events: 1) Eustis Heights Elementary with Chief Swanson; and 2) Jungle Feast at Trout Lake Nature Center. She wished Mayor Holland a happy birthday. She thanked the Police Department for the 9/11 observance. 9.2 City Manager Mr. Carrino announced they need to schedule the community meeting for presentation of the draft master plan. He indicated that Commissioner Hawkins would not be back until October 16th ; however, Commissioner Hawkins had stated they could proceed without him so as not to hold up the process . He noted that the intent of the meeting would not be for Commission participation but for them to hear the public's comments. CONSENSUS: It was a consensus to try to tentatively hold it on Tuesday, October 15th. Mr. Carrino noted that Lake County is a partner with the City for the UCF incubator. He indicated there is a part of the agreement for UCF to provide a presentation to the County Commission . The City and UCF would be presenting to the County Commission on Tuesday, Eustis City Commission Page 8 of9 September 19, 2024  September 24th. He indicated his participation would be limited to thanking the County Commission and introducing the UCF representatives. Mr. Carrino thanked the Commission for all of their participation in the budget process and all of the staff members for their work on the budget. 9.3 City Attorney: None 9.4 Mayor Marie Aliberti, Eustis Chamber of Commerce executive director, reported on their fundraiser for the sheriffs charities. She noted a challenge which netted $2,200 for Chief Capri and Commissioner Hawkins to sing a duet. She stated they raised over $10,000 through the community's effort to benefit the two injured deputies. Mayor Holland thanked the Chamber for the fund raising event. He commented on the TLNC Jungle Feast and the Police Department's 9/11 observance. He asked that Police and Fire work together to plan an event next year in Ferran Park to both remember and celebrate those involved. He cited the Eustis Heights event. He asked that Al Latimer and Marie Aliberti work together to hold an economic summit . He expressed concerned regarding the local restaurants and noted it is happening around the country due to the national economy. He commented on the need to determine how best to assist the local small businesses. Mayor Holland thanked staff and residents for their efforts on behalf of the City. 10. Adjournment: 7:32 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 . ~ CHRISTINE HALLORAN MICHAEL L. HOLLAND City Clerk Mayor/Commissioner Eustis City Commission Page 9 of9 September 19, 2024