City of Gainesville
City Commission Regular Meeting
AGENDA

-
City Hall Auditorium
200 East University Avenue
Gainesville, FL 32601

 

Commission Members

Mayor Harvey L. Ward, Jr.

Mayor Pro Tempore Cynthia Moore Chestnut (At Large, Seat B)

Reina Saco (At Large, Seat A)

Desmon Duncan-Walker (District 1)

Ed Book (District 2)

Casey Willits (District 3)

Bryan Eastman (District 4)

 

The City Commission makes policy and conducts City business in an open forum. For information on how to attend the meeting and submit public comment, visit the City Agendas & Meetings website. 

Neighbors are welcome to attend meetings in person. Seating capacity may be limited. Fill out a comment card and give it to the meeting clerk to request to speak. Speakers will be called to share their comments in the order of sign-up.

 

The City Hall Auditorium and Roberta Lisle Kline Conference Room are equipped with hearing loop assistive listening systems. When using your own hearing aid, you must switch your device to Telecoil or “T” mode. If your hearing aid does not have a Telecoil mode, broadcast staff can provide a headset.

 

If you have a disability and need accommodation in order to participate in this meeting, please contact the Office of Equity and Inclusion at (352) 334-5051 at least two business days in advance. TTY (Text Telephone Telecommunication Device) users please call 711 (Florida Relay Service). For Speech to Speech (STS) relay, please call 1-877-955-5334. For STS Spanish relay, please call 1-877-955-8773.  For STS French Creole relay, please call 1-877-955-8707.

A.
CALL TO ORDER

  

Agenda Statement: The City of Gainesville encourages civil public speech. The Gainesville City Commission expects each person entering this chamber to treat others with respect and courtesy. Speakers are expected to focus on agenda items under discussion and avoid personal attacks or offensive comments. Threatening language is not allowed. Anyone who repeatedly disrupts the proceedings will be asked to leave. Signs, props, posters, food, and drink should be left outside the auditorium.

B.
INVOCATION

  

Pastor Chipper Flaniken, City Church of Gainesville

C.
ADOPTION OF THE AGENDA

  

Includes Consent and Regular Agenda Items

D.
CONSENT AGENDA

  

1.
Approval of Minutes from the June18, and June 20, 2024 City Commission Meetings (B)

This item has attachments.  

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

2.
2024-510 Cemetery Ordinance Chapter 7 Update (B)

This item has attachments.  

Department: Department of Parks, Recreation and Cultural Affairs


Description: PRCA staff and the members of the Evergreen Cemetery Association of Gainesville, Inc., are seeking City Commission approval to amend the Gainesville Code of Ordinances, Chapter 7 – Cemeteries to provide options for natural burials, develop a small pet cemetery, and to revise rules for monument sizes.


Fiscal Note: The updates are expected to increase revenue for Evergreen Cemetery and the City through additional sales.

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

3.
2024-518 First Amendment with Element Fleet Corporation (B)

This item has attachments.  

Department: Transportation (Fleet)


Description: Request for the City Commission to approve the First Amendment to the Contract for Vehicle Accident Management Services with Element Fleet Corporation and the City of Gainesville.


Fiscal Note: Based on the past years expenses, Fleet allocated $200,000.00 in the Fiscal Year 2025 Budget for these contract expenses. Ongoing review and comparison of the damaged vehicle repair process demonstrates that outsourcing this function provides a cost savings by drastically reducing vehicle downtime and freeing Fleet and Procurement personnel to focus on other projects.

  • 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.

4.
2024-526 Resignation of Gigi Simmons from the Gainesville Housing Authority and Corey Williams from the Citizens Advisory Committee for Community Development (B)

This item has attachments.  

Department: Office of the City Clerk


Fiscal Note: This item has no fiscal impact.

  • Recommendation: The Commission accept the resignations of Gigi Simmons and Corey Williams effective immediately.

5.
2024-533 GCRA Neighborhood Paint Program Purchase Order Increase Request for Quick Paint Group Corp. (B)

This item has attachments.  

Department: Gainesville Community Reinvestment Area (GCRA)


Description: The GCRA is requesting an increase in the purchase order for Quick Paint Group Corp to complete the remaining homes approved under the Neighborhood Paint Program


Fiscal Note: The request will increase the total allocated purchase order amount by $50,000.00, from $92,017.00 to $142,017.00. Per City guidelines, any contract in excess of $100,000.00 must be approved by the City Commission.

  • 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.

6.
2024-532 Interlocal Agreement for Countywide Bicycle-Pedestrian Master Plan (B)

This item has attachments.  

Department: Transportation


Description: Request for the City Commission to approve a revised interlocal agreement and authorizing the City‘s participation in the creation of a Countywide Bicycle-Pedestrian Master Plan.


Fiscal Note: There is no fiscal impact to the City, as the plan will now be funded by the Metropolitan Transportation Planning Organization (MTPO), saving the City $70,000 in FY 2024.

  • 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.

7.
2024-534 Request for Proposal Award for Engineering and Design Services for Bus Stop Improvements – Phase II (B)

This item has attachments.  

Department: Transportation


Description: Request for the City Commission to approve the ranking for the Request for Proposal for Engineering and Design Services for Bus Stop Improvements – Phase II and award the contract to the top-ranked firm, JBrown Professional Group Inc.


Fiscal Note: Funds totaling $411,413 have been identified for this service utilizing a combination of State and Federal Grants (FDOT G2J35, FTA FL-2021-069, FTA FL-2023-021, and FTA FL-2023-055).

  • 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.

8.
2024-538 Decision Optimization Technology (DOT) Software for Infrastructure Asset Management (B)

This item has attachments.  

Department: Public Works


Description: Request for approval of a Task Assignment with Hanson Professional Services Inc. for implementation and subscription fees for roadway and stormwater asset analysis, planning, budgeting.


Fiscal Note: The Implementation Fee is $59,000 and is available in the FY 24 Public Works budget and will be funded by the General Fund and the Roadway Resurfacing Program Fund. The Subscription Fee is $40,000 annually for five years and will be proposed in the Stormwater Management Utility Fund and the Roadway Resurfacing Program Fund budgets in future fiscal years.

  • 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.

9.
2024-539 Stormwater Infrastructure Asset Data Collection

This item has attachments.  

Department: Public Works


Description: Request for the City Commission to approve a Task Assignment with England, Thims & Miller, Inc. for stormwater infrastructure asset data collection.


Fiscal Note: The task assignment totals $470,000. Funding for this project is included in the Public Works Department FY 2024 General Fund budget for asset data collection.

  • 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.

10.
2024-545 Kaleb Moreno-Griffin v. City of Gainesville; Case No. 2022-CA-2233 20240718 (NB)

This item has attachments.  

Department: Office of the City Attorney


Description: On December 5, 2021, Mr. Moreno-Griffin was riding his skateboard south in the bike lane on 34th Street approaching the intersection of Clark Butler Blvd., in southwest Gainesville. Should the matter proceed to trial, his attorneys would offer evidence that, as he proceeded to transit this intersection, a GPD patrol vehicle made a right turn from 34th Street onto Clark Butler Blvd., and in so doing failed to yield the right of way and collided with him in a “car versus pedestrian" accident.


As part of his medical treatment in the case, Mr. Moreno-Griffin received MRI’s which his attorneys would urge indicate that he sustained a herniation to his spine at the L5-S1 vertebrae. His attorneys would also likely argue that he would need to undergo epidural steroid injections in his back as a result of this accident, and that he would endure pain and suffering and require further medical care in the future. He was 25 at the time of the accident.


The City’s liability limit is $200,000 per the application of Florida’s limited waiver of sovereign immunity contained in section 768.28, Florida Statutes. As a result of negotiation in litigation, Plaintiff has agreed to accept $50,000.00 in full and final settlement of the claim. Should the matter proceed to trial, a jury would likely be able to consider the cost of Mr. Moreno-Griffin’s past medical expenses, which were approximately $13,000, along with his claims of future medical care expenses, as well as past and future pain and suffering. It is the recommendation of the City Attorney’s Office and the Risk Management Department that the City settle the claim for $50,000.00 and avoid the risk of greater liability at trial.


Fiscal Note: Funds are available in the City’s General Insurance Fund.

  • 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.

E.
EARLY PUBLIC COMMENT ON AGENDA ITEMS

  

Members of the public who are unable to wait for their agenda item(s) to be called during the meeting may speak during Early Public Comment. Comment is limited to three (3) minutes on one agenda item or five (5) minutes on two or more agenda items. Speaking during Early Public Comment waives the right to comment on later agenda items.

F.
BUSINESS DISCUSSION ITEMS - MORNING

  

1.
2024-512 Years of Service Recognition for Community Builders (B)

This item has attachments.  

Department: Human Resources Department


Description: The City Commission will provide special recognition of Community Builders with 15 years of service or more.


Fiscal Note: There is minimal fiscal impact for this item.

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

2.
2023-523 American Rescue Plan Act (ARPA) Quarterly Update (B)

This item has attachments.  

Department: Office of the City Manager


Description: The City Manager’s Office will provide an update on the American Rescue Plan Act (ARPA) funded projects.


Fiscal Note: Project and administrative expenses are funded by the Coronavirus State and Local Fiscal Recovery Funds allocated to the City of Gainesville by the American Rescue Plan Act of 2021. The City received its first half of the $32.4 million allocation ($16.2 million) on June 14, 2021 and the second tranche on June 16, 2022. Through June 30, 2024, $15.2 million or 46.8% of the total ARPA grant, has been spent.

  • 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.

G.
RESOLUTIONS – MORNING (Roll Call Required) 

  

Unless mandated by statute to occur in the evening; may include Advocacy Resolutions and Binding Resolutions.

12:00-1:00 PM Lunch Break

H.
CALL TO ORDER

  

I.
GAINESVILLE HISTORY MOMENT

  

Mangyne Vivian Filer

J.
EARLY PUBLIC COMMENT ON AGENDA ITEMS

  

Members of the public who are unable to wait for their agenda item(s) to be called during the meeting may speak during Early Public Comment. Comment is limited to three (3) minutes on one agenda item or five (5) minutes on two or more agenda items. Speaking during Early Public Comment waives the right to comment on later agenda items.

K.
GENERAL PUBLIC COMMENT

  

Members of the public may speak for up to three (3) minutes per meeting on any item not on the agenda. General Public Comment may be submitted in advance by pre-recorded voice message only. The General Public Comment period shall not exceed 30 minutes total.

L.
BUSINESS DISCUSSION ITEMS - AFTERNOON

  

M.
RESOLUTIONS - AFTERNOON (Roll Call Required)

  

N.
ORDINANCES: ADOPTION READING - AFTERNOON (Roll Call Required)

  

1.
2024-261 Land Use Change – 12.50 Acres of Property Located at 4329 SW 47th Way and 4301 SW 47th Way (B)

This item has attachments.  

Department: Office of the City Attorney

Description: Ordinance No. 2024-261: An ordinance of the City of Gainesville, Florida, amending the Future Land Use Map of the Comprehensive Plan by changing the land use category of approximately 12.50 acres of property generally located at 4329 SW 47th Way and 4301 SW 47th Way, as more specifically described in this ordinance, from Alachua County Medium Density Residential to Residential Low-Density (RL); providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.


Fiscal Note: N/A

  • Recommendation: The City Commission adopt the proposed ordinance.

O.
ORDINANCES: SECOND READING - AFTERNOON (Roll Call Required)

  

P.
ORDINANCES: FIRST READING - AFTERNOON (Roll Call Required)

  

1.
2024-262 Quasi-Judicial – Rezoning 12.50 Acres of Property Located at 4329 SW 47th Way and 4301 SW 47th Way (B)

This item has attachments.  

Department: Office of the City Attorney

Description: Ordinance No. 2024-262: An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas by rezoning approximately 12.50 acres of property generally located at 4329 SW 47th Way and 4301 SW 47th Way, as more specifically described in this ordinance, from Alachua County Multiple-Family, Medium Density (R-2) to Single/Multi-Family (RMF-5); providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.


Fiscal Note: N/A

  • Recommendation: The City Commission adopt the proposed ordinance.

2.
2024-130 Vacation of Public Right-of-Way – Portions of SW 8th Lane and SW 8th Road (B)

This item has attachments.  

Department: Office of the City Attorney

Description: Ordinance No. 2024-130: An ordinance of the City of Gainesville, Florida, to vacate, abandon, and close certain portions of a public right-of-way abutting three tax parcels located in the 900 block of SW 8th Lane and abutting four tax parcels along SW 8th Road, as more specifically described in this ordinance; providing directions to the City Clerk; providing a severability clause; providing a repealing clause; and providing an effective date.


Fiscal Note: N/A

  • Recommendation: The City Commission adopt the proposed ordinance.

3.
2024-517 Bottle Club Ordinance (B)

This item has attachments.  

Department: Office of the City Attorney


Description: Ordinance No. 2024-517

An ordinance of the City of Gainesville, Florida; revising Chapter 4, Article II, Sections 4-23, 4-37, 4-39 and 4-40 of the Code of Ordinances addressing bottle clubs regarding prohibited acts and licensing provisions; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.


Fiscal Note: None.

  • Recommendation: The City Commission adopt the proposed ordinance.

4.
2023-866 Nuisance Abatement Ordinance (B)

This item has attachments.  

Department: Office of the City Attorney


Description: Ordinance No. 2023-866


An ordinance of the City of Gainesville, Florida, amending Sections 16-93 and 16-94 of Chapter 16 of the Code of Ordinances, Applicable codes and ordinances, to update the Code to conform to the state statutes for the abatement of nuisances; providing a severability clause; providing a repealing clause; and providing an immediate effective date.


Fiscal Note: None.

  • Recommendation: The City Commission adopt the proposed ordinance.

Q.
COMMISSION COMMENT

  
4:30 - 5:30 PM Dinner Break

R.
CALL TO ORDER

  

S.
PLEDGE OF ALLEGIANCE

  

T.
PROCLAMATIONS & SPECIAL RECOGNITIONS

  

1.
2024-491 Arts and Health Day (B)

This item has attachments.  

Department: Office of the City Clerk

  • Recommendation: To be presented to Brandy Stone and Cherie Kelly.

2.
2024-519 Blake Harrison Day (B)

This item has attachments.  

Department: Office of the City Clerk

  • Recommendation: To be presented to Blake Harrison.

3.
2024-554 Eleanor Blair Day (B)

This item has attachments.  

Department: Office of the City Clerk


Description: Proclamation


Fiscal Note: This item has no fiscal impact.

  • Recommendation: To be presented to Eleanor Blair.

U.
EARLY PUBLIC COMMENT ON AGENDA ITEMS

  

Members of the public who are unable to wait for their agenda item(s) to be called during the meeting may speak during Early Public Comment. Comment is limited to three (3) minutes on one agenda item or five (5) minutes on two or more agenda items. Speaking during Early Public Comment waives the right to comment on later agenda items.

V.
RESOLUTIONS - EVENING (Roll Call Required)

  

 Required by state law to be heard at 5:00 pm or later.

1.
2024-550 Setting the Proposed Maximum/Not-to-Exceed Millage Rate for Fiscal Year 2025, the “Rolled-Back” Rate, and the Date, Time, and Place of the First Public Hearing to Consider the Millage Rates and Budget for Fiscal Year 2025 (B)

This item has attachments.  

Department: Office of Management and Budget


Description: A Resolution of the City Commission of the City of Gainesville, Florida; relating to the levy of general municipal purpose Ad Valorem taxes for the fiscal year beginning October 1, 2024 and ending September 30, 2025 (Fiscal Year 2025); establishing a proposed Millage Rate; computing the rolled back rate; setting a public hearing; providing for notice to the Alachua County Property Appraiser; and providing an immediate effective date.


Fiscal Note: The Fiscal Year 2025 estimated property tax revenue, based on the Proposed Millage Rate of 6.4297 and a 96% collection rate, is $68,055,505.

  • 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.

W.
PUBLIC HEARINGS (Including Planning Petitions)

  

X.
ORDINANCES: ADOPTION READING - EVENING (Roll Call Required)

  

Y.
ORDINANCES: SECOND READING - EVENING (Roll Call Required)

  

Z.
BUSINESS DISCUSSION ITEMS - EVENING

  

1.
2024-227 Quasi Judicial - Blues Creek Unit 5 Design Plat SUB23-000027 (B)

This item has attachments.  

Department: Department of Sustainable Development


Description: Request for the City Commission to approve a design plat for a 4.19 acre residential subdivision with stormwater and utility improvements.


Fiscal Note: Not applicable.

  • Recommendation: The City Commission approve petition SUB23-000027.

AA.
ORDINANCES: FIRST READING - EVENING (Roll Call Required)

  

1.
2024-267 Comprehensive Plan Single-Family Land Use Category (B)

This item has attachments.  

Department: Office of the City Attorney

Description: Ordinance No. 2024-267: An ordinance of the City of Gainesville, Florida, amending Policy 4.1.1 in the Future Land Use Element of the Comprehensive Plan by amending the Single-Family (SF) land use category, as more specifically described in this ordinance; providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.


Fiscal Note: N/A

  • Recommendation: The City Commission adopt the proposed ordinance.

2.
2024-263 Land Development Code Amendment - Single-Family Lot Dimensions (B)

This item has attachments.  

Department: Office of the City Attorney

Description: Ordinance No. 2024-263: An ordinance of the City of Gainesville, Florida, amending the Land Development Code (Chapter 30 of the City of Gainesville Code of Ordinances) to provide more flexibility for single-family home development by reducing minimum lot size and building setback requirements, as more specifically described in this ordinance; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an effective date.


Fiscal Note: N/A

  • Recommendation: The City Commission adopt the proposed ordinance.

3.
2022-677 Comprehensive Plan Amendment – Inclusionary Zoning (B)

This item has attachments.  

Department: Office of the City Attorney

Description: Ordinance No. 2022-677: An ordinance of the City of Gainesville, Florida, amending the Comprehensive Plan of the City of Gainesville by amending the Future Land Use Element to allow for density bonuses related to affordable housing or tree preservation, as more specifically described in this ordinance; providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.


Fiscal Note: N/A

  • Recommendation: The City Commission to adopt the proposed ordinance.

4.
2022-679 Land Development Code Text Change – Inclusionary Zoning (B)

This item has attachments.  

Department: Office of the City Attorney


Description: Ordinance No: 2022-679: An ordinance of the City of Gainesville, Florida, amending the Land Development Code (Chapter 30 of the City of Gainesville Code of Ordinances) relating to residential density bonuses and the provision of affordable housing, as more specifically described in this ordinance; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.


Fiscal Note: N/A

  • Recommendation: The City Commission adopt the proposed ordinance.

AB.
COMMISSION COMMENT

  

AC.
ADJOURNMENT

  

If later than 10:00 pm, the Commission may waive the rules to extend the meeting or may schedule a date/time to continue the meeting.

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