City of Gainesville
City Commission Regular Meeting
AGENDA

Thursday, November 17, 2022 at 10:00 A.m. - 10:00 P.m.

City Hall Auditorium

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

Father Fletcher Montgomery, Rector, Holy Trinity Episcopal Church, to give the invocation.

C.

ADOPTION OF THE AGENDA - Includes Consent and Regular Agenda Items

D.

CONSENT AGENDA

D.1

Approval of Minutes from the City Commission Meetings of October 6 and October 17, 2022

• Recommendation:

  That the City Commission approve the minutes from the October 6 and October 17, 2022 city commission meetings.

D.2

Grounds Maintenance for Gainesville Fire Rescue 2022-688 (B)

This item requests that the City Commission authorize the City Manager or designee to execute an agreement and issue a purchase order for Grounds Maintenance for Gainesville Fire Rescue with H&L Lawn Maintenance.

• Recommendation:

  The City Commission authorize the City Manager or designee to execute the agreement and approve the purchase order subject to approval by the City Attorney as to form and legality.

D.3

State Legislative Priorities 2022-693 (B)

The City of Gainesville’s list of state legislative priorities typically consists of annual policy issue stances and appropriations requests that the city deems pertinent to its relationship with state government in conjunction with its role for providing public safety and services at the most local level.

• Recommendation:

  The City Commission reviews and approves the list of draft legislative priorities intended for the 2023 state legislative session.

D.4

Approval of a Community Land Trust Agreement 2022-705 (B)

This item is an update on the ongoing work between the Housing and Community Development Department and Bright Community Trust, Inc., to provide Community Land Trust Services. City staff and representatives from Bright Community Trust, Inc. have completed work on the final agreements and are ready to begin work upon final execution.

• Recommendation:

  The City Commission 1) approve the CLT agreement between the City of Gainesville and Bright Community Trust, Inc.; and 2) authorize the Interim City Manager, or designee, to execute the agreement.

D.5

Proposed Amendment to Cost Participation Agreement with St. Johns River Water Management District for Construction and Maintenance of the Black Creek Water Resource Development Project 2022-720 (B)

On July 15, 2021, the City Commission approved GRU entering into an agreement with the St. Johns River Water Management District (SJRWMD) to participate in the cost for construction and maintenance of the Black Creek Water Resource Development Project. The agreement requires GRU to make payments on November 1, 2021 and November 1, 2022 totaling a not to exceed amount of $2.71 million. The SJRWMD has requested that the agreement be amended to delay the deadline for the second payment to November 1, 2023. Staff recommends that the city commission approves the proposed amendment to the agreement.

• Recommendation:

  City Commission approve the proposed amendment to the cost participation agreement and have the mayor sign it.

D.6

Resignation of Benjamin Fox from the Public Recreation and Parks Board 2022-730 (B)

• Recommendation:

  The City Commission accepts the resignation of Benjamin Fox, effective immediately.

D.7

Award Recommendation for the RFP for Sports Complex Feasibility and Pro Forma Study 2022-716 (B)

Award Recommendation for the RFP for Sports Complex Feasibility and Pro Forma Study for a potential future development and expansion of the Martin Luther King, Jr. Recreation Center, Dwight H. Hunter Pool, Citizen’s Field Stadium, and surrounding multipurpose fields

• Recommendation:

  The City Commission (1) Award the RFP to C. H. Johnson Consulting, Inc., the number one ranked firm, to conduct a Sports Complex Feasibility and Pro Forma Study, and 2) authorize the City Manager or their designee to execute the contract and any related documents, subject to approval by the City Attorney as to form and legality.

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 of Interim City Auditor Appointment 2022-736 (B)

• Recommendation:

  The City Commission discuss the appointment of an Interim City Auditor and take any action deemed necessary.

F.2

City Commission Office Spending Policy 2022-729 (B)

The City Commission requested that staff bring back a City Commission Office Spending Policy to allow a portion their current $5,000 annual travel and training budget to have an expanded use. The policy was coordinated through the City Clerk’s Office, City Manager’s Office and the City Auditor’s office and include recommendations for implementation and annual review. .

• Recommendation:

  The City Commission approve the policy with an effective date of January 1, 2023.

G.

RESOLUTIONS – MORNING (Roll Call Required) 

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

G.1

Acceptance of FAA AIP Grant No. 3-12-0028-052-2023 2022-687 (B)

Acceptance of FAA AIP grant No. 3-12-0028-052-2023 in the amount of $6,060,287.00 from the US Department of Transportation (USDOT), Federal Aviation Administration (FAA).

• Recommendation:

  The City Commission adopt the resolution and authorize the Mayor and City Attorney to execute and the City Clerk to certify said Grant Agreement.

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

K.1

Appointments to the City Plan Board, Development Review Board, Gainesville/Alachua County Regional Airport, Gainesville Human Rights Board and the Historic Preservation Board 2022-723 (B)

Applicants have been invited to speak to their applications for each respective board.

• Recommendation:

  The City Commission discuss the appointments to the City Plan Board, Development Review Board, Gainesville/Alachua County Regional Airport, Gainesville Human Rights Board and the Historic Preservation Board and take appropriate action.

K.2

Updating to State Formula for Commission Salaries – Commissioner Hayes-Santos 2022-745 (B)

A population-based formula is a fairer way to calculate a salary as it more closely effects the amount of work needed to be commissioner. Cities with larger populations need more attention from city commissioners than commissioners in smaller communities. The city of Gainesville should use a similar population-based formula based on Florida sate law.

• Recommendation:

  The City Commission direct staff to 1) Draft ordinance that comes back for first reading on December 1, and second reading on December 15. 2) Change to the salary would take effect October 1, 2023. 3) Ordinance shall reflect the state population-based formula used for county commissioners. 4) Mayor shall receive a salary that is 25% higher than the city commissioner salary to compensate for increased workload and demand.

L.

RESOLUTIONS - AFTERNOON (Roll Call Required)

M.

ORDINANCES: ADOPTION READING - AFTERNOON (Roll Call Required)

M.1

Amend Future Land Use Map from Urban Mixed Use High (UMUH) to Planned Use District (PUD) 2022-536 (B)

Ordinance No. 2022-536: An ordinance of the City of Gainesville, Florida, amending the Future Land Use Map of the Comprehensive Plan by overlaying the Planned Use District (PUD) land use category on approximately 1.11 acres of property generally located at the NW corner of the intersection of SW 2nd Avenue and SW 10^th Street, as more specifically described in this ordinance; providing land development regulations; providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.

Affiliated with O1: Rezone from Urban Transect Zone U9 to Planned Development (PD) 2022-537.

• Recommendation:

  The City Commission adopt the proposed ordinance.

M.2

Rezone from Urban Transect Zone U9 to Planned Development (PD) 2022-537 (B)

Ordinance No. 2022-537: An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas by rezoning approximately 1.11 acres of property generally located at the NW corner of the intersection of SW 2nd Avenue and SW 10^th Street, as more specifically described in this ordinance, from Urban 9 (U9) to Planned Development (PD); providing land development regulations; providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.

Affiliated with M1: Amend Future Land Use Map from Urban Mixed Use High (UMUH) to Planned Use District (PUD) 2022-536

• Recommendation:

  The City Commission adopt the proposed ordinance.

N.

ORDINANCES: SECOND READING - AFTERNOON (Roll Call Required)

N.1

Amending the “City of Gainesville Sexual Offender and Sexual Predator Ordinance" Residency Prohibition Regarding Applicability and Geographic Area 2022-600 (B)

Dennis Jacques

Sex offender proximity laws are an embarrassment and a black mark on American democracy. They should absolutely be reformed or, better yet, repealed entirely.

JUWAN NEWTON

I am sure this amendment.

johandy

This change is a good step towards the right direction regarding sex offender laws. The sex offender registry should be abolish because in reality do not prevent any sexual assault. and the reason is because only 5% or less sexual misconduct is by an stranger. Thanks for taking this decision!

Teresa Bond

I am in support. Thank you!

Roy Edward Smart

The recidivism rate is not "alarmingly high," and keeps dropping with the convicted's age.

Al P. Mizell

Please approve the amendment. and numerous studies have shown the negative effects of the 2500-ft. limit and none of the public safety benefits that were expected. The 2500 ft. limit has led to homelessness and problems that shouldn't occur. A neighbor's son is on the registry and he needed surgery. He needed to come to her home for recovery but could only be there during the day due to 2500 ft limit. Thus, he had to go back on the street each night. I urge you to vote for the amendment.

Sarah Fiebig

Research shows that residency restrictions do nothing to protect society but cause collateral damages for registrants' family members.

Bonnie Chamberlain

Countless Empirical Research Studies show that residency restrictions have done nothing to protect the children, and may even give parents a false sense of security. These restrictions also create problems for the registrant's families and friends, which are that particular persons support system.

DCG

This is a humane and sensible adjustment to an ordinance due to low recidivism .

Ordinance No. 2022-600: An ordinance of the City of Gainesville, Florida, amending Section 17-33 – 17-34 of the Code of Ordinances by amending the residency prohibition for persons convicted of certain sex offenses; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

• Recommendation:

  The City Commission adopt the proposed ordinance.

N.2

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 adopt the proposed ordinance.

N.3

Quasi-Judicial – Rezoning 25.38 Acres of Property Located West of Interstate 75 and North of SW 8th Avenue 2022-628 (B)

Ordinance No. 211417: An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas by rezoning approximately 25.38 acres of property generally located west of Interstate 75 and north of SW 8^th Avenue, as more specifically described in this ordinance, from Alachua County Multi-Family Residential (R-3) and Alachua County Manufactured/Mobile Home Park (RM) 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 adopt the proposed ordinance.

O.

ORDINANCES: FIRST READING - AFTERNOON (Roll Call Required)

O.1

Revisions to Ch. 14.5 titled “Miscellaneous Business Regulations” of the City Code of Ordinances adding Article IX Fair Chance Hiring, and amending Ch. 2, Sec. 2-339 titled “Applicable codes and ordinances” listing Article IX of Ch. 14.5 2022-617 (B)

Ordinance No. 2022-617 An ordinance of the City of Gainesville, Florida, amending Chapter 14.5 of the Code of Ordinances, relating to miscellaneous business regulations by adding Article IX Fair Chance Hiring; providing findings of facts and definitions; enumerating fair chance hiring practices; setting forth administration, penalties, data and reporting; and amending Chapter 2, Sec. 2-339 of the Code of Ordinances, relating to civil citation applicable codes and ordinances; adding Article IX of Chapter 14.5 to the list of ordinances enforceable by the procedure described in Division 6 of Article V, Chapter 2; 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.

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

Sigma Gamma Rho Sorority, Inc. 100th Founders’ Day 2022-727 (B)

• Recommendation:

  President Eta Phi Sigma, Sigma Gamma Rho Sorority, Reshone N Flanders 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)

U.1

Resolution to Support Acquisition of Radios from Motorola Solutions, Inc. 2022-714 (B)

Resolution No. 2022-714: A resolution of the City of Gainesville, Florida that confirms a need for the acquisition of equipment from Motorola Solutions, Inc.; and adding an immediate effective date.

• Recommendation:

  The City Commission adopt the proposed resolution.

U.2

Seventh Budget Amendment to the FY 2022 General Government Financial and Operating Plan Budget 2022-685 (B)

Seventh and final budget amendment to the FY 2022 General Government Financial and Operating Plan Budget.

• Recommendation:

  The City Commission adopt the proposed resolution.

V.

BUSINESS DISCUSSION ITEMS

V.1

Award of the Low-Income Housing Tax Credit Project 2022-568 (B)

• Recommendation:

  The AHAC recommends that the City Commission: 1) Hear a presentation from the AHAC and staff; 2) Approve funding and loan terms for the Woodland Park, Phase 2 Affordable Rental Housing Project in the amount of $460,000.00 from the ConnectFree Program; and 3) Authorize the City Manager or designee to execute any documents necessary to such funding, subject to City Attorney approval as to form and legality.

W.

PUBLIC HEARINGS (Including Planning Petitions)

X.

ORDINANCES : ADOPTION READING - EVENING (Roll Call Required)

Y.

ORDINANCES: SECOND READING - EVENING (Roll Call Required)

Y.1

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

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.

Y.2

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

Ordinance No. 211460: 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.

Z.

ORDINANCES: FIRST READING - EVENING (Roll Call Required)

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.