City Council

110 SE Watula Avenue Ocala Ocala, FL 34471 City Council www.ocalafl.org Minutes Tuesday, July 19, 2022 4:00 PM 1. Call to Order a. Opening Ceremony 1. Invocation 2. Pledge of Allegiance b. Welcome and Roll Call Present: Mayor Reuben Kent Guinn Pro Tem James P. Hilty Sr Council Member Kristen M. Dreyer Council Member Barry Mansfield Council Member Jay A. Musleh Council President Ire J. Bethea Sr Municipal Officers/Others Present: The meeting was also attended by Interim City Manager Pete Lee, Assistant City Attorney Robert W. Batsel Jr., City Clerk Angel Jacobs, Deputy City Clerk Pamela Omichinski, Fire Chief Clint Welborn, Deputy Police Chief Louis Biondi, Deputy Director of Utility Chad Lynch, Internal Auditor Randall Bridgeman, Growth Management Director Tye Chighizola, Marketing & Communication Manager Ashley Dobbs, Multimedia & Communication Coordinator Danielle Dyals, Chief Planning Official Aubrey Hale, Budget Director Tammi Haslam, Director Community Development Services James Haynes, Assistant Director Water Resources, Rusella Bowes-Johnson, Director of Facilities & Fleet Management John King, City Engineer & Director of Water Resources Sean Lanier, Director Public Works Darren Park, Director of Parks & Recreation Preston Pooser, Interim Chief of Staff Chris Watt, Procurement & Contracting Officer Daphne Robinson, Community Outreach Coordinator Rachel Fautch, Ocala Police Dept Representative, IT Representative and other interested parties. 2. Public Notice Public Notice for the July 19, 2022 City Council Regular Meeting was posted on June 1, 2022 3. Proclamations & Awards 3a. Service Award - Christopher Meeks - Ocala Electric Utility - 20 Years of Service. Interim City Manager Pete Lee and Mayor Guinn presented a service award to Christopher Meeks in appreciation of his 20 years of service to the City of Ocala. He Page 1 of 20 City Council Minutes July 19, 2022 started his career with the City of Ocala in 2002. 3b. Service Award - Stacey Ferrante - Water Resources - 25 Years of Service. Interim City Manager Pete Lee and Mayor Guinn presented a service award to Stacy Ferrante in appreciation of his 25 years of service to the City of Ocala. He started his career with the City of Ocala in 1997. 4. Presentations 5. Public Comments Dr. Matthew Cretul, Legislative Liaison with MCBOCC, commented on the broadband feasibility study Dr. Matthew Cretul, Legislative Liaison with Marion County Board of County Commissioners (MCBOCC), provided a brief overview of the broadband feasibility study. The study is designed to find unserved and underserved areas throughout the County. The outreach efforts are targeted towards commercial and residential properties. He encouraged the public to complete the in-depth e-checkup survey found at marionfl.org/broadband, by August 1, 2022. Also included on the site is a DEO broadband speed test. The results of this test are sent directly to the DEO. Mark Anderson, Public Relation Specialist with MCBOCC, commented on the broadband feasibility study Mark Anderson, Public Relation Specialist with MCBOCC, provided a brief overview of the broadband feasibility study. The goal is to target unserved and underserved areas throughout the County. More of the rural areas. The survey was marketed on social media platforms, television, local radio stations, and print marketing. Brian Creekbaum, 103 NE 31st Terrace, Ocala, FL, commented on animal control services Brian Creekbaum, 103 NE 31st Terrace, Ocala, FL, commented on Volusia County’s outstanding animal control services. He questioned why Marion County does not use the reporting software available to them to track animal control response times. Mr. Creekbaum expressed concerns regarding Marion County policies which may not be appropriate for an urban area. Council President Bethea asked if snakes are addressed by animal control. Interim City Manager Pete Lee responded certain snake species may be addressed by animal control services. The City is working with Marion County to address maintaining a high level of animal control services. He explained the redline the City provided to the County included provisions for animal control officers dedicated to the City, which was turned down by the County. The County believes it is a severable contract. Mayor Guinn expressed disappointment regarding Marion County’s lack of animal control Page 2 of 20 City Council Minutes July 19, 2022 services. He noted the County signed an agreement to provide quality animal control services in the City. Mr. Lee concurred with Mayor Guinn. He will evaluate the enforceability of the previously signed agreement. Council Member Musleh questioned when the contract expires. City Attorney Batsel explained there is no term included in the contract; it has no expiration. At the time, it was agreed between the City and County that it was a perpetual shift in how animal control is run within Marion County. The County assumed the City’s animal control assets, the City struck the portion of the City Code relating to animal control and turned it over to the County. The County stated the contracted payment is commercially unreasonable to continue animal control services, and services will be limited until a new payment structure is negotiated. Council Member Musleh suggested the City consider adding back animal control services. Mr. Lee commented an option may be creating hybrid animal control services within a City department. He explained the City and County have agreed on most of the terms, however level of service and the cost involved are still being worked out. Assistant City Manager Ken Whitehead spoke on a revised contract the City sent to the County regarding animal control services. The contract’s new pricing structure amounts to $280,000 annually, priced in over 3-years, with a 10-year duration. The contract includes a 5-year termination for convenience, and the level of service will be well defined in the final contract. The public pays taxes to the County General Fund to receive quality animal control services. Mr. Lee spoke on the County terminating animal control services and maintaining the same level of service. Mr. Whitehead spoke to the County’s response levels. The level of service language was included in the contract; however, the County cannot guarantee they will meet the level of service standards. Furthermore, the County is unable to meet the requirements in the scope of services. Council President Bethea requested clarification regarding the transfer of animal control services to the County. Mr. Lee explained the County was assuming responsibility of providing animal control services in the County in perpetuity. City Attorney Batsel clarified the intent of everybody was a policy shift moving forward but noted a contract cannot provide a perpetual term. The City cannot enforce a contract stating the County will have to provide animal control services to the City. Mayor Guinn spoke on the County not following through with City agreements. Council Member Dreyer stated City residents pay taxes to the City and County. In the original agreement the County acknowledges the City of Ocala taxpayers are funding animal control from the County’s general fund. She questioned why City residents have to pay more than County residents for animal control services. She concurs with Council Member Musleh’s comments regarding the City taking over animal control services in the future. She suggested Page 3 of 20 City Council Minutes July 19, 2022 creating a public/private partnership with local shelters to provide quality animal control services. Mr. Lee commented they will continue to meet with the County to remedy the matter. The goal is to maintain high quality animal control services. The City will research bringing animal control services in-house. Council President Bethea recommended to the Council that Mr. Lee, Mr. Batsel, and Mr. Whitehead further investigate the issue. Mr. Lee stated that another meeting will be held with the County, and he will report back to Council at the next meeting. Council Member Musleh spoke on the County not wanting to meet the service expectations established by the City. Council Member Mansfield concurs with his fellow Council Members’ comments regarding the City taking over animal control services. He questioned the value of equipment/supplies given to the County. Mr. Whitehead explained the City transferred resources/equipment, and paid the County $350,000. Council Member Mansfield asked if the County will be paying the City back for the transfer of resources/equipment. Council Member Dreyer commented the County needs to pay the City back the proportionate share. Mr. Whitehead noted if Council agrees to terminate the agreement, the City will be responsible for paying for animal shelter services. Mr. Lee spoke on utilizing the hybrid system for animal shelter services. Council Member Dreyer noted the proportionate share could be expensed towards animal shelter services. Mayor Guinn asked if the City would save money contracting with a private service. Mr. Lee responded that it is a possibility, and would require further research. Council President Bethea requested Council direct staff to meet and report back options. Mr. Lee responded he will provide more information at the next City Council meeting. 6. Public Hearings 6a. Adopt Ordinance 2022-63 concerning a rezoning to PD, Planned Development, for approximately 88.73 acres of property located northeast of the intersection of SW 7th Avenue and SW 32nd Street (Case PD21-44550) (Quasi-Judicial) Introduced By: James P. Hilty Sr Page 4 of 20 City Council Minutes July 19, 2022 Council President Bethea opened a public hearing for items 6a and 6b at 4:38pm. The City Clerk filed proof of publication for Ordinances 2022-62 - 2022-71 (Legal Ad 7498269 - 7/5/22) The City Clerk read the ordinance titles into the record. City Attorney Batsel explained the process for quasi-judicial hearings. He advised the audience that Council is only allowed to consider “competent substantial evidence” for the proposed use of a property and is not allowed to take opinion or emotion into account for these hearings. He further noted this only relates to the cases noted as quasi-judicial. Chief Planning Official Aubrey Hale commented on May 3, 2022, Council approved the land use policy/land use/annexation. The property was originally platted for a single-family development, and a plat vacation has been submitted for the existing subdivision rights-of-way. The traffic methodology has been approved, and the traffic study is under review. Two City DRAs are proposed to annex, and a future land swap will be required to permit access to SW 32nd Street. He read the Future Land Use Policy requirements to Council. The property is surrounded by a mix of uses, and the site plan shows adequate buffering along the perimeter of the property. The proposal is a mix of single-family and multi-family uses. The requested rezoning to PD (Planned Development) is consistent with the land use of Low Intensity and the Land Use Policy. Currently, the City is reviewing the traffic study for the 88.73-acres. Planning and Zoning recommended approval with a 4 to 1 vote. He noted staff recommends approval of the PD and resolution. Mayor Guinn asked what the property is zoned. Mr. Hale responded the property does not have an assigned zoning at this time. The property has an R-1 classification from the County. Interim City Manager Pete Lee asked if the land use is low intensity. Mr. Hale responded yes; the policy includes a cap of 16 dwelling units per acre (cannot exceed 1,146-units). Mayor Guinn asked when the traffic light will be installed on 32nd. Mr. Hale responded the improvement will be considered in the traffic study. The traffic study will determine needed road improvements. Mayor Guinn asked how many units can be built. Mr. Hale responded 1,100-units. The applicant is proposing to build 312 units in Phase I. Fred Roberts, 40 SE 11th Avenue, provided a brief overview of the property’s application history. Original application was made in June of 2021. The application included the annexation of property and the adoption of a land use of low intensity. The applicant is proposing a PD rezoning for a 326-unit multifamily project on 20.5-acres. Page 5 of 20 City Council Minutes July 19, 2022 He noted any subsequent PD plan will be considered by Council. The developer is proposing to develop a high-quality product to remedy the housing need in Ocala. Furthermore, the developer has agreed to pay for the following traffic improvements: traffic light installation (32nd & 7th), widening 7th to three lanes, turn lane on 7th, and deceleration lanes on 32nd. The traffic concerns will be addressed through the Land Use Policy. Council President Pro Tem Hilty stated he favors the proposed traffic improvements. Mr. Roberts spoke on the project partnership benefiting the City through traffic improvements. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6b. Adopt Resolution 2022-41 concerning a PD, Planned Development, and an associated PD plan and standards book for approximately 88.73 acres of property located northeast of the intersection of SW 7th Avenue and SW 32nd Street (Case PD21-44550) There being no discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6c. Adopt Ordinance 2022-64 concerning a rezoning from no zoning to PD, Planned Development, for approximately 12.37 acres of property located on Southwest 48th Avenue, within the Fore Ranch development, east of Southwest 48th Ave and directly south of the Cimarron Subdivision (Case PD21-44526) (Quasi-Judicial) Introduced By: Kristen M. Dreyer Council Member Dreyer MOTIONED TO DENY Ordinance 2022-64 concerning a rezoning from no zoning to PD, Planned Development, for approximately 12.37 acres of property located on Southwest 48th Avenue, within the Fore Ranch development, east of Southwest 48th Ave and directly south of the Cimarron Subdivision (Case PD21-44526) (Quasi-Judicial) Council President Bethea opened a public hearing for agenda items 6c and 6d at 4:59pm. Chief Planning Official Aubrey Hale commented the subject property is part of the Fore Ranch development. At the time of development of Fore Ranch, it consisted of a few large tracts, which identified through policies, allowable land uses. The site was intended to support medical office uses to support the hospital development. The policy was Page 6 of 20 City Council Minutes July 19, 2022 amended in early 2021 to include residential uses where the retail services were provided; however, the remainder of the policy remained the same. Prior to annexation, the County had a 1-foot spite strip between the hospital and Fore Ranch plats, of which the City took ownership when the property was annexed, and City Council will have to grant access through this spite strip to permit a connection of any type. City staff and the hospital have expressed concern regarding the connection and traffic. The uses are not compatible and can potentially overload hospital accesses with through traffic; the applicant is proposing an emergency-only access at this time. The proposed multi-family dwelling units and architectural details are not in keeping with the surrounding single-family residences. The applicant’s original PD plan was modified by City staff to calm/mitigate traffic. The plan includes several two-story buildings, and the hospital requested to add on-street parking on 46th Court. The Planning & Zoning Commission recommended denial of the proposed development; however, the applicant agreed with the City’s three changes. City staff determined the PD plan is not consistent with the land development regulations nor is it compatible with the surrounding area. He noted staff recommends denial of the PD and resolution. David MacKay, 2801 SW College Road, stated he is speaking on behalf of the applicant. The applicant has been working with City staff since 2020 on the proposed development project. He expressed concern regarding City staff’s comments regarding an inconsistent use, and the recommendation of professional offices to support the hospital. In 2007, the land use was designated as professional services, and the City recently changed the property to a mixed land use. The application before Council is consistent with the current land use. He noted the property was never assigned a zoning designation during the annexation, and the applicant is requesting a secondary access for emergency purposes. The City is denying the applicant use of the public street and 1-foot strip. He requested the traffic ingress/egress be located on 48th with two traffic signals at the end of each street. The plan is to limit traffic to the hospital. He believes City staff is inappropriately using the right-of-way to deny the proposed development. The land use is compatible with the area, and the residential units are consistent with the single-family residences. During the application process, the applicant worked hard to meet all the City’s demands. Ronna Goldbach, 4550 SW 44th Court, spoke in opposition of the proposed development project. She expressed concern regarding the following: cost of living increases, decreased property values, loss of privacy, limited emergency services, traffic impacts, pedestrian safety, increased noise/air pollution, increased crime, and school overcrowding. She read the following research studies: Realtor.com decreased home value study, and FBI Uniform Crime Reporting Program data. She requested Council take into consideration the development’s impact on neighboring schools. Justin Savino, 4560 SW 44th Street, spoke in opposition of the proposed development Page 7 of 20 City Council Minutes July 19, 2022 project. He expressed concern regarding the following: loss of privacy, sharing of the ER entrance, traffic impacts, increased noise, and lack of buffering. He noted his family is invested in Ocala for the long-term. He requested Council consider a single-family/commercial development project for the area. Milton Frazier, 4541 SW 46th Street, spoke in opposition of the proposed development project. He questioned why out of town developers are traveling to Ocala to build multifamily developments in single-family residential communities. He expressed concern regarding traffic impacts. Jerry Pronessa Jr.,, Civil Engineer/Land Planner, 5711 Richard Street, Jacksonville, FL, stated the design was modified three times. After P&Z denied the proposed development project, they met with City staff to further discuss the matter, which resulted in three project changes initiated by staff; the applicant agrees with the changes. He noted multifamily developments have less traffic than professional offices. The City can keep the 1-foot spite strip, and the secondary access will be used for emergency use only. The development project includes very attractive amenities with ample green space. The proposed multifamily project is consistent with the neighborhood. Heather Rhodes, 4656 SW 42nd Street, spoke in opposition of the proposed development project. She expressed concern regarding the following: loss of privacy, school overcrowding, and increased crime. She requested Council take into consideration the youth in the community. Laura Savino, 4560 SW 44thStreet, spoke in opposition of the proposed development project. She expressed concern regarding the following: sinkholes, traffic impacts, loss of privacy, pedestrian safety, school overcrowding, increased crime, and increased noise/air pollution. She told Council she had a petition with 192 signatures opposing the proposed development project. Council Member Musleh expressed concern regarding the incompatibility issue; however, he supports staff's recommendation of denial. Council President Pro Tem Hilty expressed concern regarding the design and traffic impacts. He believes the proposed development project is not compatible with the area. Council Member Dreyer asked if there was a master plan for Fore Ranch. Growth Management Director Tye Chighizola explained how Heath Brook and Fore Ranch were developed under the same agreement to support a mixed-use product. The area is surrounded by several multifamily development projects underway. The intention was for the area to be professional services, and the policy was modified to include residential. Council Member Mansfield concurred with his fellow Council Members. He does not support the proposed development project. He supports a commercial development project for the property. Page 8 of 20 City Council Minutes July 19, 2022 Council Member Dreyer spoke on the Sam’s Club traffic. The City will be scheduling a meeting with the Sam’s Club administration to discuss the matter. There being no further discussion the motion for denial carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: James P. Hilty Sr AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6d. Adopt Resolution 2022-42 concerning a PD, Planned Development, and an associated PD plan and PD standards book for approximately 12.37 acres of property located on Southwest 48th Avenue, within the Fore Ranch development, east of Southwest 48th Ave and directly south of the Cimarron Subdivision (Case PD21-44526) Council Member Dreyer MOTIONED TO DENY Resolution 2022-42 concerning a PD, Planned Development, and an associated PD plan and PD standards book for approximately 12.37 acres of property located on Southwest 48th Avenue, within the Fore Ranch development, east of Southwest 48th Ave and directly south of the Cimarron Subdivision (Case PD21-44526) There being no discussion the motion for denial carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 7. Second and Final Reading of Ordinances (All are Public Hearings) 7a. Adopt Ordinance 2022-62 approving an amendment to the Future Land Use Policy (18.4) for approximately 61.39 acres of property located at the east side of SW 60th Avenue, between SW 31st Street and SW 38th Street (Case FLUP22-44631) (Postponed from July 5, 2022 City Council meeting) Introduced By: James P. Hilty Sr Council President Bethea opened the public hearing at 5:48pm. Growth Management Director Tye Chighizola commented the Land Use Policy was transmitted to the State to allow a mix of uses. The previous policy allowed commercial uses and prohibited residential uses. The City recommends the following: PD zoning, 31st remain an emergency access point, residential construction standards, 35-foot building height (two-story building), and large buffer. Council can amend the ordinance to include the new language. Council Member Musleh requested clarification on the buffer. City Attorney Batsel Page 9 of 20 City Council Minutes July 19, 2022 explained the text amendment stated within 100-feet of the boundary nothing can exceed 35-feet and outside the zone the height limit is 45-feet. The City is concerned a 35-foot tall structure will be built 25-feet from the boundary. Mr. Chighizola commented the goal is to increase the 25-foot buffer to 50-feet. The City would like to add the new language to the PD to support an increased buffer. City Attorney Batsel noted the applicant can make concessions. Council Member Mansfield asked if the extension of Runway 36 will be affected. Mr. Chighizola responded no; the extension of the runway will not be affected. Mr. Chighizola commented the applicant would like to build a 3-story building with a 100-foot buffer. Council President Pro Tem Hilty asked if the cap is 35-feet. Mr. Chighizola responded yes; the applicant is requesting a larger buffer. Fred Roberts, 40 SE 11th Avenue, reviewed the original Land Use Policy with Council. The original policy has no height limitation and does not require a PD plan for a development project. The goal is to achieve a mixed-use development with a PD plan. Mr. Roberts addressed concerns related to the Airport. Included in the land use policy is the requirement of an abrogation easement. He addressed concerns regarding a north access connection and multifamily development near single-family. The goal is to develop a 3-story product to maximize density of the building and provide ample green space with amenities. It was agreed to keep the height to 45 feet away from the property and drop the height closer to the property. In reality, the intent for anything in the area would be perimeter parking. The 100-foot buffer will be included in the comprehensive plan with restrictions. The public record will state the property is adjacent to the Ocala Airport to alleviate concerns. Currently, the property has an intensive use with no restrictions. The applicant will be submitting a PD plan to address expressed concerns. Brianne Inman, 5671 SW 35th Lane, spoke in opposition of the proposed development project. She expressed concern regarding the following: pedestrian safety, traffic impacts, loss of privacy, sinkholes, and school overcrowding. She requested Council consider a single-family development project. Daniel Sivilich, 3575 SW 51st Terrace, Timber Ridge resident, spoke in opposition of the proposed development project. He expressed concern regarding the following: traffic impacts, decreased property values, and changes to the percentage of non-permeable ground. He noted the residents in the community are ready to pursue a gated community. Furthermore, he contacted Sam’s Club to retrieve the temporary parking lot rerouting que. Jessica Myer, 3600 SW 52nd Court, spoke in opposition of the proposed development Page 10 of 20 City Council Minutes July 19, 2022 project. She expressed concern regarding the following: increased crime, pedestrian safety, traffic impacts, no sidewalks, increased density, and emergency access road. She questioned how the existing infrastructure will support all the new development projects. She requested Council consider a single-family development project. Mr. Roberts addressed concerns of citizens. The proposed secondary emergency access will remain gated/locked, and a development like Paddock Mall will not be considered. He reiterated existing Land Use Policy does not have a height limitation. Furthermore, he does not agree with stigmas regarding apartments. Currently, the market shows a huge deficiency in multifamily housing. A PD plan will come before Council for consideration. He spoke on the trending industrial/commercial uses in the area. The applicant is agreeing to limit the height in the Land Use Policy. The City code requires a 10-foot buffer; however, they are proposing a minimum 25-foot buffer. He noted no agricultural purposes exist on 60th, and a traffic study will be performed to determine improvements. The public will be able to learn more about the proposed development when a PD plan is submitted to the City. Council Member Musleh stated his concerns have been addressed. Mr. Chighizola commented the 25-foot buffer applies to residential, and the 50-foot buffer applies to commercial. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 7b. Adopt Ordinance 2022-65 concerning a rezoning from MH, Mobile Home Park zoning district and RO, Residential-Office zoning district to R-3, Multi-Family Residential, zoning district for certain properties located on parcels 26697-002-00 and 26697-003-00, and a portion of parcels 26700-000-00 and 26697-000-00 (Case ZON22-44774) (Quasi-Judicial) Introduced By: James P. Hilty Sr Growth Management Director Tye Chighizola commented the applicant is requesting approval for a zoning change for a multi-family residential development project. The plans for the property next to 14th and 25th includes a proposed 7-Eleven and commercial development. The City restricted commercial access to the backroad intersection, and they plan on restricting access for multifamily in the site plan. John Rudnianyn, 2441 NE 3rd Street, Ocala, FL, stated they are disposing of the mobile home park. The property on 14th will be developed for commercial use and some RO., The plan is to develop a multifamily development on the property. A site plan will be presented in the future. Page 11 of 20 City Council Minutes July 19, 2022 Council President Bethea asked if the last two mobile tenants will be displaced. Mr. Rudnianyn responded yes; the last two tenants will be displaced, however they have not paid rent in the last 2-3 years. Mr. Chighizola noted this has been a multi-agency process including Code Enforcement and Special Magistrate, and the mobile home park residents were given proper notice. Mayor Guinn supports the proposed development project. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 7c. Adopt Ordinance 2022-66 concerning a zoning change from R-1A, Single-Family Residential, to R-1AA, Single-Family Residential, for approximately 4.23 acres of property located in portions of Blocks 7, 10, 11, and 15 of Marion Heights Subdivision along NW 1st, 3rd and 4th Avenues and NW 15th Place (Case ZON21-44500) (Quasi-Judicial) Introduced By: James P. Hilty Sr Growth Management Director Tye Chighizola commented the request is regarding an affordable housing development, and the City reconfigured the lots. Numerous proposals were received and developers selected to participate in the project. The City completed the platting process for the property. City Attorney Batsel congratulated City staff on their hard work. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 7d. Adopt Ordinance 2022-67 concerning a rezoning from R-1A, Single-Family Residential, to GU-Government Use, for approximately 0.73 acres of property located in a portion of Block 10 of the Marion Heights Subdivision along NW 15th Place (Case ZON22-44711) (Quasi-Judicial) Introduced By: Kristen M. Dreyer Growth Management Director Tye Chighizola commented the City is working with the Recreation Department and CRA to fund a mini park for the community. He noted staff Page 12 of 20 City Council Minutes July 19, 2022 recommends approval. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Kristen M. Dreyer SECONDER: James P. Hilty Sr AYE: Hilty Sr, Dreyer, Mansfield, and Bethea Sr ABSENT: Musleh 7e. Adopt Ordinance 2022-68 annexing approximately 9.32 acres located between SW 44th Avenue and SW 46th Avenue in the 400 block (Case ANX22-44776) Introduced By: James P. Hilty Sr Council President Bethea opened discussion for agenda items 7e, 7f, and 7g. Growth Management Director Tye Chighizola commented the request before Council is for annexation/land use/zoning. He noted staff recommends approval. Fred Roberts, 40 SE 11th Avenue, stated he is available to answer any questions. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 7f. Adopt Ordinance 2022-69 amending the Future Land Use Designation from Commerce District (County) to Employment Center (City) for approximately 9.32 acres of property located between SW 44th Avenue and SW 46th Avenue in the 400 block (Case LUC22-44777) Introduced By: Kristen M. Dreyer There being no discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 7g. Adopt Ordinance 2022-70 concerning a rezoning from M-2, Heavy Industrial (County), to M-2 Medium Industrial (City), for approximately 9.32 acres of property located between SW 44th Avenue and SW 46th Avenue in the 400 block (Case ZON22-44778) (Quasi-Judicial) Page 13 of 20 City Council Minutes July 19, 2022 Introduced By: James P. Hilty Sr There being no discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 7h. Adopt Ordinance 2022-71 amending the Form-Based Code by revising signage requirements for thoroughfare streets (Case COD22-44819) Introduced By: James P. Hilty Sr Growth Management Director Tye Chighizola commented the City is revising the Form-Based Code. The City is proposing to allow limited monument signs at 48-square feet, and 50% can be digital. Furthermore, the signage height was increased from 12-feet to 15-feet. He noted staff recommends approval. City Attorney Batsel requested clarification regarding the internal illumination language. Mr. Chighizola explained the City does not allow electronic message boards. He clarified the difference between sign lighting. City Attorney Batsel suggested a language revision in Section 4.6- replacing “is allow” with “may include”. Mr. Chighizola agreed with the language revision. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr Ben Adams, 2901 SW 12th St, requested Council or City partner with Fort King Youth Center to provide housing for the homeless population Ben Adams, 2901 SW 12th Street, noted the City has a vacant property located on the west end of 14th Street. He suggested Council create a partnership to build homes on the vacant property to house the homeless population. The partnership program will benefit the homeless population by combating drug/alcohol usage. Interim City Manager Pete Lee noted the idea is similar to permanent supportive housing. Council President Bethea requested Mr. Lee schedule a meeting with Mr. Adams. 8. General Business 8a. Approve contract for rehabilitation of the Simpson residence located on NW 18th St. to Bruce Wayne Wiley LLC for a total project cost not to exceed $117,536 There being no discussion the motion carried by roll call vote. Page 14 of 20 City Council Minutes July 19, 2022 RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8b. Approve contract with Commercial Industrial Corporation for the citywide sidewalk improvements project for the bid amount of $2,104,713 plus 10% contingency for a total construction cost not to exceed $2,315,185 Council Member Musleh asked when the contract terminates. City Engineer/Director of Water Resources Sean Lanier explained it is a lump sum contract. Council Member Dreyer asked if the project is grant funded. Mr. Lanier responded yes, the grant funding amounts to $1.5 million, and the City is funding the difference of $800,000. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Barry Mansfield SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8c. Approve two-year agreement with Silver River Mentoring & Instruction, Inc. for Ocala Police School Resource Officers with reimbursement in the total amount of $359,802 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8d. Approve three-year agreement with the School Board of Marion County for the School Resource Officer Program with receivables of $4,635,188 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: James P. Hilty Sr SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8e. Approve one-year renewal with Advanced Tire Service, LLC to provide tire service and repairs for an estimated annual expenditure of $275,000 There being no discussion the motion carried by roll call vote. Page 15 of 20 City Council Minutes July 19, 2022 RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8f. Adopt Resolution 2022-43 providing for the reimposition of non-ad valorem Fire Assessments, establishing proposed rates for Fiscal Year 2022-2023, directing preparation of the Fire Assessment Roll, setting a date for a public hearing, and directing published and mailed notices of proposed Fire Assessments There being no discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8g. Approve the purchase of various inventory items for the Electric Department from Electric Supply of Tampa; Gresco Utility Supply, Inc.; Stuart C. Irby; and Wesco Distribution, Inc. with an estimated expenditure of $300,431 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8h. Approve the list of potential improvements/alternatives identified in the draft Transit Development Plan (TDP) Mr. Todd Hemingson, Senior Transit Consultant with HDR Engineering provided a presentation of alternatives to City Council. The TDP is a State requirement. Mr. Hemingson reviewed the five goals of the plan and discussed the improvements and alternatives. Some improvements suggest using Microtransit. Microtransit is one of the emerging trends being seen in the public transportation world. It is basically using technology to provide better service for customers. It is considered an on-demand service. The flexibility can reduce wait times in a zone. The first microtransit is proposed for the Northwest Ocala area to service the less populated area between Highway 326 to the north and I-75 to the west, etc. Other proposed microtransit services include Silver Springs Shores and Belleview. Draft plan will be presented to Council as early as August 16th for submittal to the State. Council Member Musleh requested more information regarding the microtransit. Mr.Hemingson explained the technology algorithms and demand. SunTran can set the Page 16 of 20 City Council Minutes July 19, 2022 parameters for the level of services, and the fair should be consistent with the fixed route fair. The City will not be saving money on a trip per cost basis compared to a fixed route. To note, the City could offer a free transfer for fixed routes. Council President Pro Tem Hilty noted the service is similar to Marion Senior Services. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: James P. Hilty Sr SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8i. Approve a redevelopment agreement for MRL Restaurant Holdings in the Downtown CRA-Subarea Fred Roberts, 40 SE 11th Avenue, stated he is excited about the catalytic project. Furthermore, he thanked the City for offering the grant funding. Council Member Dreyer asked if the applicant would pay impact fees. Chief Planning Official Aubrey Hale responded yes, if they are increasing water meters. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 9. Consent Agenda Consent Agenda items are considered to be routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of Council or the public request specific items to be removed for separate discussion and action. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED THE CONSENT AGENDA MOVER: James P. Hilty Sr SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 9a. Approve contract for rehabilitation of the Jones residence located on SW Fourth Street to Algat Enterprises, Inc. for a total project cost not to exceed $59,700 9b. Approve contract for rehabilitation of the Morand residence located on NW Ninth St. to R&R Builders, LLC. for a total project cost not to exceed $67,175 9c. Approve contract for rehabilitation of the Britton residence located on NW 21st Street to Algat Enterprises, Inc. for a total project cost not to exceed $72,400 Page 17 of 20 City Council Minutes July 19, 2022 9d. Accept Financial Review Committee memorandum for Redevelopment Agreement for MRL Restaurant Holdings 9e. Approve one-year renewal with Oracle Elevator Holdco, Inc. for elevator/lift preventative maintenance for an estimated annual expenditure of $25,000 9f. Approve June 2022 city attorney invoices for general city business legal services in the amount of $26,234.75 and for risk management-related legal services in the amount of $12,493.25 9g. Approve Regular Meeting City Council Minutes from July 5, 2022 9h. Approve City Council Work Session Minutes from June 14, 2022 10. Consent Agenda Items Held for Discussion Should any items be removed from the Consent Agenda for discussion, they will be discussed at this time. 11. Introduction and First Reading of Ordinances - None 12. Internal Auditor's Report - None 13. City Manager's Report Discount Sleep Update Interim City Manager Pete Lee reported $30.4 million was wired to the Claims Administrator, $28 million was mailed out, and $42 million is remaining in the Common Fund. Council President Pro Tem Hilty elected as Vice Chairman of the FMPA Policy Makers Liaison Committee Golf Cart Public Meeting Sessions scheduled on August 18, 2022, at 12 pm and 5:30 pm at The Brick City Center for the Arts 14. Police and Fire Department Report Police Chief Mike Balken – Public Safety Opioid Response Efforts Police Chief Balken discussed the public safety Opioid response efforts for July 5, 2022 to July 17, 2022. The Police Departments Opioid response efforts 12, overdose deaths 0, Narcan leave behind 6 and Amnesty participation 2. Fire Chief Clint Welborn – Public Safety Opioid Response Efforts & Community Paramedicine Fire Chief Welborn discussed the public safety Opioid response efforts and community paramedicine program. The overdose response efforts 10, overdose deaths 0 and Narcan leave behind 4. For the month of July, 355 people have enrolled in the Opioid Recovery Project and they had a total of 162 community paramedicine graduates. The Narcan leave behind for the OD2A Program amounts to 40 participants and trained 22 individuals to administer Narcan. Page 18 of 20 City Council Minutes July 19, 2022 15. Mayor's Report 16. City Attorney's Report Discount Sleep Update City Attorney Batsel commented the Claims Administrator is receiving calls from individuals regarding unreasonable check expectations. The checks were mailed out on the 15th. Council Member Musleh asked if the checks are being mailed to residential and commercial. City Attorney Batsel responded the checks are being mailed to a mix of residential and commercial. 17. Informational Items 17a. Calendaring Items 17b. Comments by Mayor Mayor Guinn commented on the FMPA conference Mayor Guinn commented Council Member Dreyer and Hilty attended the FMPA conference. The conference discussed decreasing gas prices for July. He asked if the reduction would reduce the utility bills. Interim City Manager Pete Lee explained the City would not be able to reduce the utility bills at this time. The City is over budget for fuel/electric, and the Price Stabilization Reserve Fund balance is below the minimum. Furthermore, the City budgeted $101 million for year 2022. Council President Pro Tem Hilty noted the directors approved an option contract at 650. The goal is to stabilize the gas prices for customers. He anticipates the public will not see reductions in natural gas prices until year 2024. Council Member Dreyer asked if the City can hedge gas prices. Mr. Lee explained how the City plans on hedging gas prices as a group. Council Member Musleh spoke on how nobody wanted to hedge gas prices in the past. 17c. Comments by Council Members 17d. Informational 17d1. Monthly Budget to Actual Report as of May 31, 2022 and Capital Improvement Project Status Report 17d2. Executed Contracts Under $50,000 18. Adjournment Adjourned at 7:41 p.m. Page 19 of 20 City Council Minutes July 19, 2022 Minutes _______________________________ ________________________________ Ire Bethea Sr. Angel B. Jacobs Council President City Clerk Page 20 of 20