City Commission Regular Meeting

MINUTES

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

City Hall

200 East University Avenue

Gainesville, FL 32601

Members Present:

• Mayor Poe, 
• Commissioner Duncan-Walker, 
• Commissioner Ward, 
• Commissioner Arreola, 
• Commissioner Hayes-Santos, 
• Commissioner Chestnut, 
• and Mayor-Commissioner Pro Tem Saco

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A.

CALL TO ORDER - 10:00 AM 

Commissioner Hayes-Santos joined the meeting at 9:45 AM.

Mayor Poe joined the meeting at 9:45 AM.

Commissioner Chestnut joined the meeting at 9:45 AM.

B.

INVOCATION

C.

ADOPTION OF THE AGENDA - Includes Consent and Regular Agenda Items

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  Aye (7)

  Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut

  Approved (7 to 0)

D.

CONSENT AGENDA

D.1

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

Approved

• 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)

Approved

• 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)

Approved

• 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)

Approved

• The City Commission refer the item to staff for analysis.

D.5

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

Approved

• 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)

Approved

• 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)

Approved

• 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)

Approved

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

E.

EARLY PUBLIC COMMENT ON 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)

Dan Nee, Interim City Attorney spoke to the item. 

Motion: Direct City Attorney to craft an amendment to mirror the state statute (effective date and distance) in our local ordinances.

• Moved by Commissioner Arreola
  Seconded by Commissioner Hayes-Santos

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

  Aye (5)	Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Nay (2)	Mayor-Commissioner Pro Tem Saco, and Commissioner Ward

  Approved (5 to 2)

G.

RESOLUTIONS – MORNING (Roll Call Required) 

G.1

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

Claudia Rasnick, GRU Chief Financial Officer introduced the item.

Chris Lover, PFM gave a presentation.

Recess - 10:40 AM

• Moved by Commissioner Hayes-Santos
  Seconded by Mayor-Commissioner Pro Tem Saco

  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.

  Aye (5)	Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Ward, and Mayor Poe
  Nay (2)	Commissioner Duncan-Walker, and Commissioner Chestnut

  Approved (5 to 2)

12:00-1:00 PM Lunch Break

H.

CALL TO ORDER – 1:00 PM

I.

EARLY PUBLIC COMMENT ON AGENDA ITEMS

Tana Silva

Commissioner Ward and Commissioner Duncan-Walker arrived at 1:06 PM.

Commissioner Chestnut arrived at 1:11 PM.

J.

GENERAL PUBLIC COMMENT

Tana Silva, Kali Blount, Chuck Ross

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)

Phimetto Lewis, Planner gave a presentation.

 

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Chestnut

  The City Commission adopt the proposed ordinance. 

  Carried Unanimously

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)

Motion by Commissioner Hayes-Santos: Moved with modifications to U8. Died for a lack of second.

Public Comment: Kali Blount

• Moved by Commissioner Arreola
  Seconded by Commissioner Ward

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

  Aye (5)	Mayor-Commissioner Pro Tem Saco, Commissioner Arreola, Commissioner Ward, Mayor Poe, and Commissioner Chestnut
  Nay (2)	Commissioner Hayes-Santos, and Commissioner Duncan-Walker

  Approved (5 to 2)

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)

Phimetto Lewis, Planner gave a presentation.

• Moved by Commissioner Hayes-Santos
  Seconded by Mayor-Commissioner Pro Tem Saco

  The City Commission adopt the proposed ordinance.

  Carried Unanimously

O.2

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

Juan Castillo, Planner gave a presentation.

Cynthia Curry, Interim City Manager spoke to the item.

Andrew Persons, Advisor to Charter Officer spoke to the item.  

• Moved by Commissioner Hayes-Santos
  Seconded by Mayor-Commissioner Pro Tem Saco

  The City Commission adopt the proposed ordinance.

  Aye (4)	Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Arreola, and Mayor Poe
  Nay (3)	Commissioner Ward, Commissioner Duncan-Walker, and Commissioner Chestnut

  Approved (4 to 3)

O.3

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

Brian Singleton, Director of Public Works gave a presentation.

Motion: Approve with modifications in back-up and include temporary dumpster and new "Proposed changes by CHS" and crosswalk regulations and bring back resolution on vision zero.

• Moved by Commissioner Hayes-Santos
  Seconded by Mayor-Commissioner Pro Tem Saco

  The City Commission adopt the proposed ordinance.

  Carried Unanimously

O.4

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

Public Comment: Avenlea Harras

• Moved by Commissioner Chestnut
  Seconded by Commissioner Ward

  The City Commission adopt the proposed ordinance.

  Carried Unanimously

O.5

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

Jesus Gomez, Director of Transportation spoke to the item.

Cynthia Curry, Interim City Manager spoke to the item.

Dan Nee, Interim City Attorney spoke to the item.

Motion: 1) Adopt change to allow service to operate up to midnight; 2) Staff bring an update to the City Commission at GPC. 

• Moved by Commissioner Hayes-Santos
  Seconded by Commissioner Arreola

  The City Commission adopt the proposed ordinance.

  Carried Unanimously

O.6

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

Juan Castillo, Planner gave a presentation.

• Moved by Commissioner Arreola
  Seconded by Commissioner Hayes-Santos

  The City Commission adopt the proposed ordinance.

  Aye (6)	Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Arreola, Commissioner Duncan-Walker, Mayor Poe, and Commissioner Chestnut
  Absent (1)	Commissioner Ward

  Approved (6 to 0)
• Recess - 3:19 PM

P.

COMMISSION COMMENT

Recess - 3:19 PM

4:30 - 5:30 PM Dinner Break

Q.

CALL TO ORDER - 5:33 PM

R.

PLEDGE OF ALLEGIANCE

S.

PROCLAMATIONS & SPECIAL RECOGNITIONS

S.1

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

Heard

• 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)

Heard

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

S.3

Central Florida Community Action Day 2022-587 (B)

Heard

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

S.4

Cyber Security Awareness Month 2022-588 (B)

Heard

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

S.5

American Pharmacists Month 2022-589 (B)

Heard

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

S.6

Hispanic Heritage Month 2022-616 (B)

Heard

• 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

U.

RESOLUTIONS - ROLL CALL REQUIRED 

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)

Jason Simmons, Planner gave a presentation.

• Moved by Commissioner Hayes-Santos
  Seconded by Mayor-Commissioner Pro Tem Saco

  The City Commission adopt the proposed ordinance.

  Carried Unanimously

Z.2

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

Ellen R Siegel

Remember our branding as where nature meets culture. Vote against development of the property north of US441 and East and west of SR121. My points are:The site directly abuts a high value conservation easement containing Florida Natural Areas Inventory (FNAI) designated category 1 wetlands that serve as headwaters for multiple creeks. Per the applicant’s own wildlife surveys, the proposed development location serves as habitat for numerous threatened species of flora and fauna.

Anna Hamilton

Green-lighting the proposed Weyerhaueser project along SR 121 would lead to a massive sprawl development that is not compatible nor feasible with Gainesville's rural northwest corner, and is antithetical to the city's commitment to sustainable growth and natural resource protection. Our infrastructure is insufficient for supporting this project, and the property is extremely flood-prone and fragile. Please protect the best interests of our city and its resources and vote against this project.

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.

Sean McDermott, Senior Assistant Attorney gave a presentation.

Forrest Eddleton, Director of Sustainable Development gave a presentation.

Clay Sweger, EDA gave a presentation.

Andrew Persons, Advisor to Charter Officer spoke to the item.

Motion: Adopt Ordinance 21149 and petitions with 2 modifications: 1) Dwelling units of 60 units per acre in mixed central; and 2) Set maximum building height by feet, not stories as outlined in the PD.

Public Comment: Robert Knight, Tim Adams, Dave Hill, Jane Blais, Michael Stevens, Darla Walker, T. Spurling Wood, Debra Stucki, Gary Gordon, Stacey Waldings, Terri Hardwicke, Allen John, Dave Wilson, Robert Davis

Recess: 8:22 PM

• Moved by Commissioner Hayes-Santos
  Seconded by Mayor-Commissioner Pro Tem Saco

  The City Commission adopt the proposed ordinance.

  Aye (4)	Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Arreola, and Mayor Poe
  Nay (3)	Commissioner Ward, Commissioner Duncan-Walker, and Commissioner Chestnut

  Approved (4 to 3)

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.

Reconvene - 8:22 PM

Forrest Eddleton, Director of Sustainable Development spoke to the item.

Clay Sweger, EDA spoke to the item.

Motion: 1) Approve Ordinance 211460 and allow 60 units per acre in the Mixed Use Central district; 2) Shall have a maximum block perimeter of 2,600 feet; 3) Maximum building heights should be set by feet and not stories as outlined in the PD; 4) For all areas in the PD, the development shall follow at minimum, city regulations for pedestrian lighting; 5) For all areas in the PD, the development shall follow at minimum, the city regulations for bike infrastructure as regulated in the city's Engineering Design and Construction manual or other city bike infrastructure regulations; 6) In addition to already mandated multi-use trails, a multi-use trail that should be designed for all ages and abilities shall be built to the western portion of the development and connect to the central core district. Also, a multi-use trail south to 441 on the western portion of the development shall also be built. These multi-use trails should interconnect inside the development and connect to the cities urban trail network.

Public Comment: T. Spurling Wood, Gary Gordon

• Moved by Commissioner Hayes-Santos
  Seconded by Mayor-Commissioner Pro Tem Saco

  The City Commission adopt the proposed ordinance.

  Aye (4)	Mayor-Commissioner Pro Tem Saco, Commissioner Hayes-Santos, Commissioner Arreola, and Mayor Poe
  Nay (3)	Commissioner Ward, Commissioner Duncan-Walker, and Commissioner Chestnut

  Approved (4 to 3)

AA.

COMMISSION COMMENT

AB.

 ADJOURNMENT - 8:39 PM