City Commission Regular Meeting

MINUTES

-
City Hall Auditorium
200 East University Avenue
Gainesville, FL 32601
Members Present:
  • Commissioner Book, 
  • Mayor Pro Tempore Chestnut, 
  • Commissioner Duncan-Walker, 
  • Commissioner Eastman, 
  • Commissioner Saco, 
  • Mayor Ward, 
  • and Commissioner Willits 

A.

  

Meeting called to order at 10:00 a.m.

B.

  

Pastor Chipper Flaniken, City Church of Gainesville

C.

  

REGULAR AGENDA UPDATES:

2024-554 - Eleanor Blair Day (B) New Item Explanation: Requested by the Mayor  

  • Moved byCommissioner Book
    Seconded byCommissioner Duncan-Walker

    Motion: The City Commission adopt the modified regular and consent agenda.

    Aye (6)Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Eastman, Commissioner Book, and Commissioner Willits
    Absent (1)Commissioner Saco
    Approved (6 to 0)

D.

  
  • Moved byCommissioner Book
    Seconded byCommissioner Duncan-Walker

    Motion: The City Commission adopt the modified regular and consent agenda.

    Approved On Consent
  • Moved byCommissioner Book
    Seconded byCommissioner Duncan-Walker

    Recommendation: The City Commission approve the minutes from the June 18, and June 20, 2024 meetings.

    Approved On Consent
  • Moved byCommissioner Book
    Seconded byCommissioner Duncan-Walker

    Recommendation: The City Commission authorize the City Attorney or designee to advertise the proposed ordinance amendments for first and second reading.

    Approved On Consent
  • Moved byCommissioner Book
    Seconded byCommissioner Duncan-Walker

    Recommendation: The City Commission authorize the City Manager or designee to execute the First Amendment to the Contract for Vehicle Accident Management Services with Element Fleet Corporation and the City of Gainesville, subject to approval by the City Attorney as to form and legality.

    Approved On Consent
  • Moved byCommissioner Book
    Seconded byCommissioner Duncan-Walker

    Recommendation: The City Commission approve the increase to the Quick Paint Group Corp purchase order by an additional $50,000.00, from $92,017.00 to $142,017.00, in order to complete the remaining homes already approved under the Neighborhood Paint Program, which will sunset on September 30, 2024.

    Approved On Consent
  • Moved byCommissioner Book
    Seconded byCommissioner Duncan-Walker

    Recommendation: 1) City Commission approve the revised interlocal agreement with the Metropolitan Transportation Planning Organization (MTPO), Alachua County and the University of Florida, and 2) authorize the Mayor or designee to execute the agreement and any other necessary or related documents, on behalf of the City, subject to approval by the City Attorney as to form and legality.

    Approved On Consent
  • Moved byCommissioner Book
    Seconded byCommissioner Duncan-Walker

    Recommendation: The City Commission: 1) approve the ranking for the Request for Proposal for Engineering and Design Services for Bus Stop Improvements – Phase II; 2) award the Request for Proposal to JBrown Professional Group Inc., the top-ranked firm and 3) authorize the City Manager or designee to negotiate and execute a contract with the top-ranked firm, or next-ranked firm if unsuccessful, subject to approval by the City Attorney as to form and legality.

    Approved On Consent
  • Moved byCommissioner Book
    Seconded byCommissioner Duncan-Walker

    Recommendation: The City Commission authorize the City Manager or designee to enter into a Task Assignment with Hanson Professional Services, Inc., in the amount of $259,000 for infrastructure asset management software, subject to approval of the City Attorney as to form and legality.

    Approved On Consent
  • Moved byCommissioner Book
    Seconded byCommissioner Duncan-Walker

    Recommendation: The City Commission authorize the City Manager or designee to enter into a Task Assignment with England, Thims & Miller, Inc. in an amount not to exceed $470,000.00 for stormwater infrastructure asset data collection, subject to the approval of the City Attorney as to form and legality.

    Approved On Consent
  • Moved byCommissioner Book
    Seconded byCommissioner Duncan-Walker

    Recommendation: The City Commission 1) approve the terms of the mediated settlement; and 2) authorize the City Attorney settle the claim of Kaleb Moreno-Griffin v. City of Gainesville; Case No. 2022-CA-2233; Eighth Judicial Circuit, in and for Alachua County, Florida.

    Approved On Consent

Public Comment: Joseph Eddy, Richard Mack, Tyra Edwards, Linda Edwards, Jared M. Folds, Edgar Reed Jr., Asia Jackson

Laura Graetz, Human Resource Director, gave a presentation on the Years of Service Recognition for Community Builders.

Mayor Ward presented the service certificates and pins to the employees.

  • Recommendation: The City Commission recognize those employees with 15 years of service or more for the second quarter of FY24.

    Heard

Cynthia Curry, City Manager, introduced the item.

Cintya Ramos, Executive Chief of Staff, gave a presentation on the American Rescue Plan Act (ARPA) Quarterly Update.

John Ferrell, Executive Director, JE Properties, L.L.C., spoke to the item about his company and clarified that the residents will not be put out of their housing if they do not receive these funds.

Joseph Eddy, President, JE Properties, L.L.C., spoke to the item as it relates to the capital stock of his company and the 90-day delay from the Board of County Commissioners. 

The letter from the Board of County Commissioners regarding the Oakview Apartments project is attached to the minutes of this item.

Corey Harris, Housing and Community Development Director, spoke to the item related to how many projects like this were funded, around five (5) projects.

Daniel Nee, City Attorney, spoke to the item indicating that the grant cannot be turned into a loan at this point.

Andrew Persons, Chief Operating Officer - Governmental Operations, spoke to the item to clarify what stage the process is, related to the Oakview Apartments project. All other projects have been signed off, except this one; and spoke to staff concerns about the county funding.

Public Comment: John Ferrell, Duothaiso Coward, Donald Shepherd, Kali Blount, Aaron Dozier, Ed Jennings

  • Moved byCommissioner Eastman
    Seconded byCommissioner Willits

    Recommendation: The City Commission: 1) decrease the budget of Administrative - General Consultant - GSG project from $1,215,330 to $999,888 and move the remaining funding of $215,442 to the Core ARPA unallocated budget line currently budgeted at $32,109.29; 2) decrease the budget of the completed Cultural Arts Center Feasibility Study project from $197,287.50 to $123,254.07 and move the remaining funding of $74,033.43 to the ARPA Revenue Replacement unallocated budget line currently budgeted at $32,109.29; 3) de-obligate funding for the Oakview Apartments Phase II project totaling $1,785,000.00 comprised of $1,080,094.27 in the ARPA Revenue Replacement category and $704,905.73 in the Core ARPA category and move the funding to the unallocated budget line for each category; and 4) allocate $1,186,236.99 to a new project titled Government Services Set-Aside for FY25 in the Revenue Replacement category.

    Motion 1: Approve staff recommendation with the following amendments: 1) Extend the agreement with Oakview Apartments Phase II LLC for 90 days under the same conditions previously agreed to, using leftover CORE ARPA funds of approximately $1.7 million; and 2) Mayor send a letter to the County Commission telling them that we have extended the time out for this project, as per their request. We request that they do what they have outlined in their letter to secure the gap funding of $3.1 million to ensure their stated commitment to bringing senior housing to Alachua County is accomplished.

    Aye (1)Commissioner Eastman
    Nay (5)Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Book, and Commissioner Willits
    Absent (1)Commissioner Saco
    Failed (1 to 5)
  • Moved byMayor Pro Tempore Chestnut
    Seconded byCommissioner Book

    Recommendation: The City Commission: 1) decrease the budget of Administrative - General Consultant - GSG project from $1,215,330 to $999,888 and move the remaining funding of $215,442 to the Core ARPA unallocated budget line currently budgeted at $32,109.29; 2) decrease the budget of the completed Cultural Arts Center Feasibility Study project from $197,287.50 to $123,254.07 and move the remaining funding of $74,033.43 to the ARPA Revenue Replacement unallocated budget line currently budgeted at $32,109.29; 3) de-obligate funding for the Oakview Apartments Phase II project totaling $1,785,000.00 comprised of $1,080,094.27 in the ARPA Revenue Replacement category and $704,905.73 in the Core ARPA category and move the funding to the unallocated budget line for each category; and 4) allocate $1,186,236.99 to a new project titled Government Services Set-Aside for FY25 in the Revenue Replacement category.

    Motion 2: Approve as Recommended.

    Aye (5)Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Eastman, and Commissioner Book
    Nay (1)Commissioner Willits
    Absent (1)Commissioner Saco
    Approved (5 to 1)
  • Recess: 12:38 p.m.

12:00-1:00 PM Lunch Break

H.

  

Meeting called to order at 1:14 p.m.

I.

  

Mangyne Vivian Filer

Public Comment: Kali Blount, Jim Konish, Robert Mounts, Chuck Ross, Ms. Carla Lewis, Artrell Hall, Johnny Law, Billy Rohan

Commissioner Saco joined the meeting at 1:53 p.m.

Jason Simmons, Planner I, gave a presentation on the Land Use Change – 12.50 Acres of Property Located at 4329 SW 47th Way and 4301 SW 47th Way.

Fred Roberts, Klein and Klein, L.L.C., attorney for the applicants, Kimley-Horn and Associates, spoke to the item to clarify how traffic will be handled through the development as it connects with the existing neighborhood and the need for the density change.

Public Comment: Kim Prins, Valerie Dickhaus

  • Moved byCommissioner Saco
    Seconded byCommissioner Eastman

    Recommendation: The City Commission adopt the proposed ordinance.

    Motion: Approve as Recommended.

    Aye (4)Commissioner Saco, Mayor Ward, Commissioner Eastman, and Commissioner Book
    Nay (3)Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, and Commissioner Willits
    Approved (4 to 3)

Jason Simmons, Planner I, gave a presentation on the Quasi-Judicial item – Rezoning 12.50 Acres of Property Located at 4329 SW 47th Way and 4301 SW 47th Way.

Fred Roberts, Klein and Klein, L.L.C., attorney for the applicants, Kimley-Horn and Associates, spoke to the item.

Daniel Nee, City Attorney, spoke to the item regarding what the City Commission can consider when making their decision, that is the competent evidence being presented at the hearing. The criteria to consider are listed in the attached staff report.

Public Comment: Valerie Dickhaus, Donald Shepherd, Charles Olson

  • Moved byCommissioner Eastman
    Seconded byCommissioner Saco

    Recommendation: The City Commission adopt the proposed ordinance.

    Motion: Approve on first reading as recommended.

    Aye (4)Commissioner Saco, Mayor Ward, Commissioner Eastman, and Commissioner Book
    Nay (3)Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, and Commissioner Willits
    Approved (4 to 3)

Jason Simmons, Planner I, gave a presentation on the Vacation of Public Right-of-Way – Portions of SW 8th Lane and SW 8th Road.

Craig Brasheir, Director of Planning, CHW, gave a presentation on the Vacation of Public Right-of-Way – Portions of SW 8th Lane and SW 8th Road. (presentation attached to the minutes)

  • Moved byCommissioner Eastman
    Seconded byCommissioner Willits

    Recommendation: The City Commission adopt the proposed ordinance.

    Motion: Approve on first reading as recommended.

    Aye (7)Commissioner Saco, Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Eastman, Commissioner Book, and Commissioner Willits
    Approved (7 to 0)

Cynthia Curry, City Manager, introduced this item

Jaime Kurnick, Major, Gainesville Police Department, spoke to the item relating to the proposed ordinance, consistent with hours for selling alcohol and that children not be on the premises when alcohol is being sold.

Andrew Persons, Chief Operating Officer -Government Operations, spoke to the item as it relates to the sole bottle club in Gainesville and gave a history of the need for this type of ordinance. 

  • Moved byCommissioner Book
    Seconded byCommissioner Duncan-Walker

    Recommendation: The City Commission adopt the proposed ordinance.

    Motion: Approve on first reading as recommended.

    Aye (6)Commissioner Saco, Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Book, and Commissioner Willits
    Nay (1)Commissioner Eastman
    Approved (6 to 1)

Jaime Kurnick, Major, Gainesville Police Department, spoke to the item.

  • Moved byMayor Pro Tempore Chestnut
    Seconded byCommissioner Saco

    Recommendation: The City Commission adopt the proposed ordinance.

    Motion: Approve on first reading as recommended.

    Aye (7)Commissioner Saco, Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Eastman, Commissioner Book, and Commissioner Willits
    Approved (7 to 0)
  • Recess: 4:00 p.m.

Q.

  
4:30 - 5:30 PM Dinner Break

R.

  

Meeting called to order at 5:30 p.m.

S.

  

Pledge of Allegiance led by Mayor Ward.

Mayor Pro Tempore Chestnut, joined the meeting at 5:49 p.m.

Cynthia Curry, City Manager, introduced the item.

Public Comment: Mark Goldstein

  • Moved byCommissioner Eastman
    Seconded byCommissioner Saco

    Recommendation: The City Commission 1) set the Maximum/Not-to-Exceed Millage Rate at 6.4297 mills for Fiscal Year 2025, 2) adopt the proposed resolution, and 3) set the first public hearing to consider the proposed millage rates and budgets for FY 2025 for Thursday, September 12, 2024 at 5:30 PM in the City Hall Commission Auditorium at 200 E University Avenue, Gainesville, FL 32601.

    Motion: Approve as Recommended.

    Aye (7)Commissioner Saco, Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Eastman, Commissioner Book, and Commissioner Willits
    Approved (7 to 0)

Daniel Nee, City Attorney, gave an overview of a Formal Quasi-Judicial Hearing.

The status of the affected parties was determined.

The City Commission disclosed any inadvertent ex-parte communication. All affected party emails sent to the City Commission are attached to the agenda and minutes as backup, including the email response from Commissioner Willits.

Kristen Bryant, City Clerk, swore in Nick Alford.

Phimetto Lewis, Planner III, gave a presentation on Quasi-Judicial - Blues Creek Unit 5 Design Plat SUB23-000027.

Kristen Bryant, City Clerk, swore in staff and petitioners.

Stephanie Sutton, Director of Operations EDA, gave a presentation for the petitioner.

Kristen Bryant, City Clerk, swore in Stacey Cricchio and Gouri Kumar.

Affected Party Presentations: Nick Alford, Stacey Cricchio, Gouri Kumar

Sergio Rayes, President EDA, gave the rebuttal for the petitioner.

Staff and petitioner waived closing remarks.

Affected Party Closing Remarks: Stacey Cricchio, Gouri Kumar, Nick Alford

The City Commission deliberated.

Andrew Persons, Chief Operating Officer - Government Operations, spoke to the item regarding amenities that are not part of this hearing, and also stormwater standards that have become stricter since the original plan. 

Sergio Rayes, President EDA, spoke about the number of parking spaces for the project.

Daniel Nee, City Attorney, went over the criteria for the determination if the requirements have been met and what the conclusion options are.

  • Moved byCommissioner Saco
    Seconded byCommissioner Eastman

    Recommendation: The City Commission approve petition SUB23-000027.

    Motion: Approve as recommended.

    Aye (7)Commissioner Saco, Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Eastman, Commissioner Book, and Commissioner Willits
    Approved (7 to 0)
  • Recess: 7:17 p.m.

    Reconvene: 7:30 p.m.

Brittany McMullen, Planner IV, gave a presentation on the Comprehensive Plan Single-Family Land Use Category amendment.

Public Comment:  Mr. Richard Allen, Ms. Peggy Carr, Ms. Kim Tanzer, Ms. Monica Frazier, Mr. Robert Mounts, Mr. Joshua Ney, Jane Burman-Holtom, Jean Chalmers, Dr. Teri Hamill, Mark Goldstein, Tom Barrow, Clark Wood, Chuck Ross, Mrs. Barbara Lindsey, Dr. Shayna Rich, Cory Brunson, Melanie Barr, Jodi Gentry, Mrs. Joy Glanzer, Matt Umanos, Mr. Graham Bernstein, Helen Warren, Mrs. Leatrice Linden, Andres Martinez, Dr. Bobby Mermer, Mr. Dean Mimms, Wendy Wood, Jim Konish

  • Moved byCommissioner Eastman
    Seconded byCommissioner Saco

    Recommendation: The City Commission adopt the proposed ordinance.

    Motion: Approve on first reading as recommended.

    Aye (4)Commissioner Saco, Mayor Ward, Commissioner Eastman, and Commissioner Willits
    Nay (3)Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, and Commissioner Book
    Approved (4 to 3)

Public Comment: Mr. Dean Mimms

  • Moved byCommissioner Eastman
    Seconded byCommissioner Saco

    Motion: The City Commission waive their rules and extend the meeting until 11:00 p.m.

    Aye (7)Commissioner Saco, Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Eastman, Commissioner Book, and Commissioner Willits
    Approved (7 to 0)
  • Moved byCommissioner Saco
    Seconded byCommissioner Eastman

    Recommendation: The City Commission adopt the proposed ordinance.

    Motion: Approve on first reading as recommended.

    Aye (4)Commissioner Saco, Mayor Ward, Commissioner Eastman, and Commissioner Willits
    Nay (3)Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, and Commissioner Book
    Approved (4 to 3)
  • Recess: 10:09 p.m.

    Reconvene: 10:17 p.m.

Brittany McMullen, Planner IV, gave a presentation on the Comprehensive Plan Amendment – Inclusionary Zoning.

Public Comment: Dillon Boatner, Jane Burman-Holtom, Dr. Bobby Mermer, Corey Brunson, Robert Mounts, Johnmichael Fernandez

Juan Castillo, Planner III, spoke to the item to clarify what the requirements were previously.

Andrew Persons, Chief Operating Officer - Government Operations, spoke to the item regarding structured parking.

Sean McDermott, Senior Assistant Attorney, spoke to the item relating to any conflict with state law.

  • Moved byCommissioner Saco
    Seconded byCommissioner Eastman

    Motion: The City Commission waive their rules and extend the meeting until 11:30 p.m.

    Aye (7)Commissioner Saco, Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Eastman, Commissioner Book, and Commissioner Willits
    Approved (7 to 0)
  • Moved byMayor Pro Tempore Chestnut
    Seconded byCommissioner Saco

    Motion: The City Commission waive their rules and extend the meeting until 11:45 p.m.

    Aye (7)Commissioner Saco, Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Eastman, Commissioner Book, and Commissioner Willits
    Approved (7 to 0)
  • Moved byCommissioner Saco
    Seconded byCommissioner Willits

    Recommendation: The City Commission to adopt the proposed ordinance.

    Motion: Approve on first reading as recommended with the following amendments: 1) The threshold be at 10 units, 2) Applies to all zones that allow multi-family zoning, 3) Allow staff discretion on compatibility requirements, and 4) Striking the structural parking bonus for height.

    Aye (6)Commissioner Saco, Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Eastman, and Commissioner Willits
    Nay (1)Commissioner Book
    Approved (6 to 1)

Public Comment: Dr. Bobby Mermer

  • Moved byCommissioner Eastman
    Seconded byCommissioner Willits

    Recommendation: The City Commission adopt the proposed ordinance.

    Motion: Approve on first reading as recommended with the following amendments: 1) The threshold be at 10 units, 2) Applies to all zones that allow multifamily zoning, 3) Allow staff discretion on compatibility requirements, and 4) striking the structural parking bonus for height.

    Aye (6)Commissioner Saco, Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Eastman, and Commissioner Willits
    Nay (1)Commissioner Book
    Approved (6 to 1)

AB.

  
  • Moved byMayor Pro Tempore Chestnut
    Seconded byCommissioner Duncan-Walker

    Motion: Direct staff to include a fiscal impact, as well as advantages and disadvantages to any policy recommendations brought to the Commission.

    Aye (6)Commissioner Saco, Mayor Ward, Commissioner Duncan-Walker, Mayor Pro Tempore Chestnut, Commissioner Book, and Commissioner Willits
    Nay (1)Commissioner Eastman
    Approved (6 to 1)

AC.

  

Meeting adjourned at 11:41 p.m.

No Item Selected