City of Gainesville
City Commission Regular Meeting
AGENDA

Thursday, October 06, 2022 at 10:00 A.m. - 10:00 P.m.

City Hall

200 East University Avenue

Gainesville, FL 32601

 

Commission Members

Mayor Lauren Poe
Mayor Pro-Tem Reina Saco (At Large, Seat A)
Cynthia Moore Chestnut (At Large, Seat B)
Desmon Duncan-Walker (District 1)
Harvey Ward (District 2)
David Arreola (District 3)
Adrian Hayes-Santos (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 an accommodation in order to participate in this meeting, please contact the Office of Equity and Inclusion at [phone] 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.

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A.

CALL TO ORDER - 10:00 AM 

 

Agenda Statement: The City of Gainesville encourages civil public speech.  Disruptive behavior is not permitted during City Commission meetings. Please do not bring food, drinks, props, signs, posters, or similar materials into the Auditorium. Cheering and applause are only permitted during the Proclamations/Special Recognitions portion of the meeting.

B.

INVOCATION

C.

ADOPTION OF THE AGENDA - Includes Consent and Regular Agenda Items

D.

CONSENT AGENDA

D.1

Approval of Minutes from the September 8, September 15, and September 22, 2022 City Commission Meetings (B)

• Recommendation:

  The City Commission approve the minutes from the September 8, September 15, and September 22, 2022 City Commission Meetings. 

D.2

Resilient Florida Grants 2022-561 (B)

• Recommendation:

  The City Commission authorize the City Manager, or designee, to apply for three Resilient Florida Grants with the Florida Department of Environmental Protection for Adaptation Plan for Resilient Critical Assets, Airport Road Culvert Replacement and Glen Springs Creek Restoration and execute a grant agreement and related documents, if awarded, subject to approval by the City Attorney as to form and legality.

D.3

Roadway Operation and Maintenance Agreement with University of Florida 2022-283 (B)

• Recommendation:

  The City Commission authorizes the City Manager to enter into an Operation and Maintenance Agreement for Hull Road and SW 36^th Ter and a License Agreement for SW 36^th Ter with the University of Florida Board of Trustees, subject to approval by the City Attorney as to form and legality.

D.4

Climate Monitoring Platform Demonstration 2022-572 (NB)

At the July 11, 2022 Joint Water and Climate Policy Board meeting, the board received a demonstration of climate action monitoring software by Kausal. The board approved a motion to refer the item to the City and County Commissions for staff analysis; and to bring the item for discussion at a Joint City/County meeting. 

• Recommendation:

  The City Commission refer the item to staff for analysis.

D.5

Proposal for Professional Consulting Service Eastside GTEC Infrastructure 2022-581 (B)

The University of Florida is utilizing CHW to design the Eastside Clinic and master plan for their parcel.  For the purposes of consistencies and economies of scale, the City of Gainesville, in conjunction with UF Health will also utilize CHW to design the roadway network for both UF and the City’s sites.  The roadway network will be developed by the City of Gainesville and the right of way and certain properties will be deeded to the City of Gainesville.  The City will be developing the RTS Eastside Transit Hub on this site and possibly developing a second lot within the development.  The roadway to the east will connect to property currently owned by the City of Gainesville and will, ultimately, 0connect to the GTEC site.  CHW will design the transportation network and the City will master plan the remainder of the site. This item correlates with M.1: 2022 -384 and O.1: 2022-385

• Recommendation:

  The City Commission approves the proposal for CHW to design the roadway network for both UF and the City’s sites, and 1) authorize the City Manager to execute the Task Assignment in an amount not to exceed $200,500.00, subject to the approval by the City Attorney as to form and legality.

D.6

Appointments to City Commission Advisory Boards and Committees 2022-590 (B)

• Recommendation:

  The City Commission appoint: Patrick White to the Bicycle Pedestrian Advisory Board for a full term ending 12/31/2025; Logan Ladnyk to the Regional Transit System Advisory Board for a full term ending 9/30/2025; and, Jamie Bell, Jackie Davis, Aymee Ginard-Cepeda, Fred Shillfarth and Octavia Washington to the SHIP – Affordable Housing Advisory Committee for full terms ending 12/31/2024 and Mary Lou Hildreth for a term to end 12/31/2023.

D.7

Brian Pozzi v. City of Gainesville; Case No. 2021-CA-2289; Eighth Judicial Circuit, in and for Alachua County, Florida. 2022-604 (NB)

Approval of a mediated settlement of a claim arising from a traffic accident between a City vehicle and a bicyclist in the amount of $98,500 in exchange for a full and complete release of liability.

• Recommendation:

  The City Commission 1) approve the terms of the negotiated settlement agreement; and 2) authorize the City Attorney to settle the claim of Brian Pozzi, arising from an accident that occurred on or about September 17, 2019.

D.8

Land Development Code Amendments to Parking Regulations and Minimums 2022-582 (B)

Ordinance No. 211262: An ordinance of the City of Gainesville, Florida, amending Section 30-7.5 and Section 30-7.6 of the Land Development Code (Chapter 30 of the City of Gainesville Code of Ordinances) to eliminate parking minimums and introduce language for structured parking requirements and mid-street parking for loading and unloading in urban zoning districts; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an effective date.

• Recommendation:

  The City Commission continue item to October 20, 2022 City Commission Meeting.

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 during later agenda items.

F.

BUSINESS DISCUSSION ITEMS - MORNING

F.1

Discussion regarding “City of Gainesville Sexual Offender and Sexual Predator Ordinance” residency restriction 2022-600 (NB)

The “City of Gainesville Sexual Offender and Sexual Predator Ordinance" mirrors the residency restriction provided in Florida Statutes section 775.215, with two basic distinctions. The State residency restriction provides for a 1,000 foot radius, rather than 2,500 feet, and the State residency restriction only applies to individuals whose offenses occurred on or after October 1, 2004 (the effective date of the statute), while the City’s Ordinance has no such “as applied” date. City staff seeks direction as to whether the City should amend the ordinance to provide that it applies only to individuals whose offenses occurred after the City’s November 28, 2005 effective date, in a fashion similar to the State statute.”

• Recommendation:

  The City Commission: 1) discuss the current ordinance and related issues; and 2) provide direction as appropriate.

G.

RESOLUTIONS – MORNING (Roll Call Required) 

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

G.1

Resolution Authorizing Amendments to Swap Transactions Between GRU and Wells Fargo Bank, NA and Bank of America, NA 2022-599 (B) 

Resolution No. 2022-599: Current financial market conditions have created potential opportunities for GRU to participate in certain financial transactions which can add certainty to future borrowings as well as realize near term savings. This agenda item requests that the City Commission authorize the Mayor, Clerk, Chief Financial Officer, General Manager or their respective designees to execute said transactions subject to certain delegation parameters.

• Recommendation:

  The City Commission authorize the Mayor, Clerk, Chief Financial Officer, General Manager or their respective designee to negotiate and execute the listed transactions within the prescribed execution parameters, and approve the Resolution.

12:00-1:00 PM Lunch Break

H.

CALL TO ORDER – 1:00 PM

I.

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 during later agenda items.

J.

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 (see page 2 for details). The General Public Comment period shall not exceed 30 minutes total.

K.

BUSINESS DISCUSSION ITEMS - AFTERNOON

L.

RESOLUTIONS - AFTERNOON (Roll Call Required)

M.

ORDINANCES: ADOPTION READING - AFTERNOON (Roll Call Required)

M.1

Land Use Change – 21.69 Acres of Property Located at 2100 Block of SE Hawthorne Road, South Side 2022-384 (B)

Ordinance No. 2022-384: 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 21.69 acres of property generally located at the 2100 block of SE Hawthorne Road, south side, as more specifically described in this ordinance, from Mixed-Use Office/Residential (MOR) to Urban Mixed-Use (UMU) and Public and Institutional Facilities (PF); providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date. This item correlates with D.5: 2022 -581 and O.1: 2022-385.

• Recommendation:

  The City Commission adopt the proposed ordinance. 

N.

ORDINANCES: SECOND READING - AFTERNOON (Roll Call Required)

N.1

Quasi-Judicial – Rezoning 1.63 Acres of Property Located at 1905 South Main Street 2022-425 (B)

Ordinance No. 211225: An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas by rezoning approximately 1.63 acres of property generally located at 1905 South Main Street, as more specifically described in this ordinance, from Planned Development (PD) to Urban 6 (U6); providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.

• Recommendation:

  The City Commission: 1) ratify the written order; and 2) adopt the proposed ordinance.

O.

ORDINANCES: FIRST READING - AFTERNOON (Roll Call Required)

O.1

Quasi-Judicial – Rezoning 23.55 Acres of Property Located at the 2100 Block of SE Hawthorne Road, South Side 2022-385 (B)

Ordinance No. 2022-385: An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas by rezoning approximately 23.55 acres of property generally located at the 2100 block of SE Hawthorne Road, south side, as more specifically described in this ordinance, from Urban 3 (U3), Urban 4 (U4), Urban 6 (U6), and Public Services and Operations (PS) to Urban 8 (U8); providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date. This item correlates with D.5: 2022-581 and M.1: 2022 -384

• Recommendation:

  The City Commission adopt the proposed ordinance.

O.2

Text Change – Amending Transect Rezoning Criteria 2022-570 (B)

Ordinance No. 211331A: An ordinance of the City of Gainesville, Florida, amending Section 30-3.14 of the Land Development Code (Chapter 30 of the City of Gainesville Code of Ordinances) regarding rezoning criteria; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an effective date.

• Recommendation:

  The City Commission adopt the proposed ordinance.

O.3

Text Change – Adoption of Public Works Design Manual 2022-574 (B)

Ordinance No. 210572: An ordinance of the City of Gainesville, Florida, adopting the City of Gainesville Engineering Design & Construction Manual 2022 Edition in accordance with Section 30-1.6 of the Land Development Code; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

• Recommendation:

  The City Commission adopt the proposed ordinance.

O.4

Gainesville Community Reinvestment Area (GCRA) Boundary 2022-557 (B)

Ordinance No. 2022-557: An ordinance of the City of Gainesville, Florida, amending Section 2-406 Gainesville Community Reinvestment Area; city department; powers; definitions of the Code of Ordinances to expand the real property included within the Gainesville Community Reinvestment Area to include certain real property located to the northwest of the intersection of NE 8^th Avenue and NE Waldo Road, as further described by this ordinance; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

• Recommendation:

  The City Commission adopt the proposed ordinance.

O.5

Amending Chapter 26 – Micromobility Services 2022-577 (B)

Ordinance No. 2022-577: An ordinance of the City of Gainesville, Florida, amending section 26-196 of the City Code of Ordinances related to hours of operation of micromobility services; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an effective date.  

• Recommendation:

  The City Commission adopt the proposed ordinance.

O.6

Quasi-Judicial – Rezoning 1.08 Acres of Property Located at 4232 NW 6th Street 2022-583 (B)

Ordinance No. 211332: An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas by rezoning approximately 1.08 acres of property generally located at 4232 NW 6th Street, as more specifically described in this ordinance, from Planned Development (PD) to General Office (OF); providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.

• Recommendation:

  The City Commission adopt the proposed ordinance.

P.

COMMISSION COMMENT

4:30 - 5:30 PM Dinner Break

Q.

CALL TO ORDER - 5:30 PM

R.

PLEDGE OF ALLEGIANCE

S.

PROCLAMATIONS & SPECIAL RECOGNITIONS

S.1

Buchholz High School Math Team Year 2022-585 (B)

• Recommendation:

  Buchholz High School Coach Ziwei Lu, Coach Olanrewaju Fayiga, and Coach Will Frazer to accept the proclamation.

S.2

Fire Prevention Week 2022-586 (B)

• Recommendation:

  Gainesville Fire Rescue Fire Chief Stephen Hesson to accept the proclamation.

S.3

Central Florida Community Action Day 2022-587 (B)

• Recommendation:

  Central Florida Community Action Agency CEO Caroline W. Ruff-Looney to accept the proclamation.

S.4

Cyber Security Awareness Month 2022-588 (B)

• Recommendation:

  GRU IT Walker Banks, Kirk Selph, and T.C. Kelley to accept the proclamation.

S.5

American Pharmacists Month 2022-589 (B)

• Recommendation:

  Merial Chatila, APhA-ASP AC of Student Pharmacists to accept the proclamation.

S.6

Hispanic Heritage Month 2022-616 (B)

• Recommendation:

  Latin American Business Alliance, Jorge Villalobos; Latina Women’s League, Ericka Ghersi; Migrant Education Program, Academic Coordinator, Edith Sanchez; Madres Sin Fronteras, Jennifer Molina; Gainesville Immigrant Neighbor Inclusion Initiative, Ethan Maia de Needell to accept the proclamation.

T.

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 during later agenda items.

U.

RESOLUTIONS - ROLL CALL REQUIRED 

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

V.

BUSINESS DISCUSSION ITEMS

W.

PUBLIC HEARINGS (Including Planning Petitions)

X.

ORDINANCES : ADOPTION READING - EVENING (Roll Call Required)

Y.

ORDINANCES: SECOND READING - EVENING (Roll Call Required)

Z.

ORDINANCES: FIRST READING - EVENING (Roll Call Required)

Z.1

Quasi-Judicial – Rezoning 13.943 Acres of Property Located Northwest of the Intersection of SW Williston Road and SW 13th Street and West of SW 13th Street and South of SW 36th Place 2022-573 (B)

Ordinance No. 211147A: An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas by rezoning approximately 13.943 acres generally located northwest of the intersection of SW Williston Road and SW 13^th Street and west of SW 13^th Street and south of SW 36^th Place, as more specifically described in this ordinance, from Alachua County Business Retail Sales and Services (BR), Highway Oriented Business (BH), and Hospital/Medical (HM) to City of Gainesville Urban 7 (U7); providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.

• Recommendation:

  The City Commission adopt the proposed ordinance.

Z.2

Land Use Amendment for Property Located North of U.S. 441 and both East and West of SR 121 – 2022-591 (B)

Erin Adams

Do NOT change the comprehensive plan for this unwanted, unnecessary, sprawling, proposal for development. This area should remain agricultural land. It is far from the city, where the housing needs are. I am disappointed the commission would even consider this proposal and ask it be denied and discontinued. I want Gainesville to keep its green conservation ethic. If a zone change is in order it is to convert this property to conservation, not development.

Ordinance No. 211459: An ordinance of the City of Gainesville, Florida, amending the Comprehensive Plan of the City of Gainesville by amending the Future Land Use Map and Policy 4.3.4 of the Comprehensive Plan Future Land Use Element pertaining to certain property generally located north of U.S. 441 and both east and west of SR 121, 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.

• Recommendation:

  The City Commission adopt the proposed ordinance.

Z.3

Quasi-Judicial – Rezoning Property Located North of U.S. 441 and both East and West of SR 121 - 2022-602 (B)

Erin Adams

This property should NOT be rezoned. The is a rural and agricultural area that should not be rezoned or developed. It is far from the city areas that need redevlopment and housing. This is blatant sprawl, unwanted, and not smart growth.

Ordinance No 211460A: An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas by rezoning certain property generally located north of U.S. 441 and both east and west of SR 121, as more specifically described in this ordinance, from Alachua County Agriculture (A) district to City of Gainesville Planned Development District (PD); adopting a PD report with land development regulations; providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.

• Recommendation:

  The City Commission adopt the proposed ordinance.

AA.

COMMISSION COMMENT

AB.

 ADJOURNMENT - 10:00 PM OR EARLIER 

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