City Council

110 SE Watula Avenue Ocala Ocala, FL 34471 City Council www.ocalafl.org Minutes Tuesday, September 20, 2022 4:00 PM 1. Call to Order a. Opening Ceremony 1. Invocation - Rock Gibboney 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 2. Public Notice Public Notice for the September 20, 2022 City Council Regular Meeting was posted on July 22, 2022 3. Proclamations & Awards 4. Presentations 4a. Presentation by Rodney Long, Florida Senate District 9 candidate Rodney Long, 1712 NE Waldo Road, Gainesville, FL, spoke on his candidacy for the newly created District 9 seat. He shared his personal life, office experience, and political agenda with Council. He encouraged the public to vote for him to be elected to serve in the Florida Senate for District 9. 4b. Presentation by Dr. Gisela Salas, Saving Mercy Board President, and Stacey Collier, Saving Mercy Executive Director. Dr. Gisela Salas, Saving Mercy Board President, 5 SE 17th Street, commented the organization is working hard to secure grant funding to create more housing opportunities to combat homelessness in the community. Stacy Collier, Saving Mercy Executive Director, 5321 NE 29th Street, Silver Springs, spoke on the organization’s history and mission. Saving Mercy strives to provide affordable housing and case management services to at-risk/vulnerable homeless. She provided a brief overview of the Mercy Village development plan; individuals will be relocated before development starts. The new campus will offer the following: Page 1 of 21 City Council Minutes September 20, 2022 permanent housing, affordable housing, and case management services. Studies have shown that permanent supportive housing (PSH) has a much higher success rate at keeping individuals and families out of homelessness. The plan includes partnerships with community partners to offer needed services in the community. Saving Mercy Leadership is striving to end homelessness and build a safer community. Council President Bethea asked when Saving Mercy notified residents of the relocation plan. Ms. Collier responded residents were given a 1-year advanced written notice, to provide ample time to relocate after the property purchase. 5. Public Comments Kearsten Angel, 2055 SE 50th Terrace, suggested only residents of the City be allowed to address City Council Kearsten Angel, 2055 SE 50th Terrace, requested Council only allow Ocala residents/business owners to speak at the podium. Brian Creekbaum, 103 NE 31st Terrace, thanked Council for supporting early voting Brian Creekbaum, 103 NE 31st Terrace, thanked Council for supporting the Early Voting Ordinance in the City of Ocala. He shared his great experience working with Supervisor of Elections Wesley Wilcox, and noted Mayor Guinn has voted early thirteen times. 6. Public Hearings Note: Items 6a - 6d will be heard at 5:05pm or as soon as possible thereafter. 6e. Approve the sale of beer and wine for off-premise consumption for 7-Eleven, Inc., a Texas Corporation, Inc d/b/a 7-Eleven #41806 located on SE Maricamp Road (SR 464) approximately 300 feet east of SE 25th Avenue (Quasi-Judicial) Planning Director Patricia Hitchcock provided a brief overview of the alcoholic beverage permits approval history before Council. Due to the City’s failure to meet the ten-day mailing deadline of the notices to property owners residing within 500’, it prompted another scheduled hearing on September 6, 2022; however, the meeting was rescheduled to September 20, 2022, due to an incorrect parcel number listed on the public notice. Assistant City Attorney Gilligan advised Council City Attorney Batsel’s firm has a conflict with 6e, 6g, 7a and 7b, however Mr. Gilligan’s firm does not. Fred Roberts, 40 SE 11th Avenue, requested Council accept the evidence from the meeting held on August 16, 2022. Mr. Gilligan stated due to it being quasi-judicial, he, City Attorney Rob Batsel and Assistant City Attorney Jimmy Gooding agree that all evidence must be re-presented in order to be allowed to be considered by Council. Mr. Roberts stated the applicant believes the prior approval was effective and there was Page 2 of 21 City Council Minutes September 20, 2022 no challenge made based upon notice. Mr. Roberts provided a brief overview of the project details, Chapter 163 Development Agreement, and shared traffic improvements. The previously approved agreement addresses raised concerns and includes 2 million dollars combined of traffic improvements, of which 7-Eleven accounts for a quarter. He noted there are dozens of examples of adjacent businesses within the City where alcohol is sold for off-premise consumption. He detailed the intersection improvements including re-timing the lights, the addition of a northbound turn lane, a right turn lane on the westbound movement, the extension of 25th Avenue, and the construction of the roundabout. The developers donated $50,000 to the Woodland Villages Homeowners Association to address buffering/safety concerns, and the proposed roundabout will remedy traffic impacts. He reiterated the previous approval was not challenged. Mayor Guinn asked if a buffer exists between the store and Maricamp Road. Mr. Roberts responded no; FDOT issued a permit to construct a deceleration lane in Maricamp right-of-way. He commented there would be decorative vegetation planted, but it would not necessarily constitute a buffer. Council President Bethea called Brad Tropello for public comment and informed him there are a number of people in the audience who have given him their time. The City Clerk provided him 15 minutes to speak as per Council’s Rules of Order. Brad Tropello, 2420 SE 18th Circle, commented he believes the whole agreement is inappropriate because if one item is voted down, the entire agreement falls apart. He submitted Exhibit 1 (Ocala City Council Agenda for August 16, 2022) and Exhibit 2 (Ocala City Council Draft Minutes, item 6a, for August 16, 2022) for the record. He commented Mr. Roberts discussed police reports from the nearby Wawa but did not submit them for the record, and reminded Council there is a convenience store across the street and is a reason to deny the application. He recounted a negative encounter at that convenience store and stated with an additional 600 apartments having been approved, an additional convenience store will bring in more traffic, crime and noise. He noted traffic from the 7-Eleven will exit onto 25th, right behind some homes. Mr. Tropello introduced Exhibit 3, the minutes from the original alcoholic beverage location permit in 2021, and Section 6-33 of the Ocala Code of Ordinances. He highlighted discussion from the 2021 minutes, questioning why Planning Director Tye Chighizola didn’t offer section 6-33(c)9 as a reason for Council to deny the initial application. He noted there is a preschool and a church nearby. From the 2021 minutes, he called attention to the applicant’s request at the March 2, 2021 meeting to postpone discussion of the application to the following meeting in order to have a full Council present. Former Council Member Matthew Wardell commented he would not be present at that meeting, and Mr. Roberts requested to postpone to April 6, 2021. Mr. Tropello explained Mr. Wardell’s wedding occurred on Todd Rudnianyn’s property and expressed concern there existed a conflict of interest between Mr. Wardell and RM Maricamp, of which Mr. Rudnianyn is a team member. Page 3 of 21 City Council Minutes September 20, 2022 Assistant City Attorney Gilligan stated he is not aware if Council Member Wardell ever mentioned a conflict issue; however, he does not see any conflict of interest in what was presented. He noted council members must recuse themselves for any conflicts of interest. Robert Santiago, 2410 SE 17th Circle, spoke in opposition of the proposed alcoholic beverage permit for 7-Eleven. He expressed concern having four liquor permits within walking distance. He requested Council deny the alcoholic beverage permit for 7-Eleven. Mike Sizemore, 2205 SE 24th Avenue, spoke in opposition of the proposed alcoholic beverage permit for 7-Eleven. Two town hall meetings were held to alleviate the public’sconcerns; however, the community does not support approving another alcoholic beverage permit. He questioned why the Police and Fire Department did not submit any comments. He cited Section 6.23, Code of Ordinances, and noted a church is located within 500-feet of the property. He cited concerns over the number of calls for service at the RaceTrac at SE 10th St and US 441, and requested Council understand their concerns for health and safety. He stated they did negotiate the land donation for the roundabout, but they never agreed to stop opposing the alcohol license. Mary Ponder, 2412 SE 17th Circle, spoke in opposition of the proposed alcoholic beverage permit for 7-Eleven. She expressed concern regarding increased crime, and pedestrian safety, as her home will back onto the new intersection. She requested Council deny the request, and cited City Code, Section 6.33 (c) (9). Michael Lake, 2309 SE 18th Circle, spoke in opposition of the proposed alcoholic beverage permit for 7-Eleven. He expressed concern regarding increased noise, and delivery truck pollution. Furthermore, he agrees with Council Member Musleh’s comments regarding the left turn option from the 7-Eleven onto Maricamp Road and submitted research studies into evidence. He requested Council utilize the City Code to deny the request. Tom Webb, 11728 SE 132nd Street Road, Ocklawaha, Elder at Maricamp Road Church of Christ, 2750 SE Maricamp Road, spoke in opposition of the proposed alcoholic beverage permit for 7-Eleven. He explained the church has a day care program that would be directly impacted and expressed concern the alcohol license would increase the opportunity for crime in the area. Linda Myer, 2408 SE 18th Circle, spoke in opposition of the proposed alcoholic beverage permit for 7-Eleven. She expressed concern regarding the following: left turn on Maricamp, vehicle accidents, pedestrian safety, and traffic impacts. She noted City staff has not done their due diligence in thoroughly reviewing applications, and requested Council deny the request. Mr. Roberts advised Council the church was party to one of the applications in connection to the project and was part of multiple discussions, and they never had any prior objections. He noted there are many establishments in close proximity to the church Page 4 of 21 City Council Minutes September 20, 2022 that have an alcoholic beverage permit. The B-2 zoning allows a convenience store by matter of right, reminding Council the store will only sell beer and wine, not liquor. He briefly spoke on the permit challenges with the State. The Chapter 163 Development Agreement includes traffic improvements, and no conflicting uses are present. Woodland Villages residents have objected to numerous development projects in the past, including an office park, bank, residential and multi-family communities, and a shopping center. He reminded Council the permit is for off-site consumption, and anyone drinking on-premises would be committing a crime. Developers take steps to mitigate the issue by having adequate site lighting and other security measures in place. As well, Mr. Roberts, the developers, and City staff held multiple community meetings to address the public’s concerns. He compared the site to the RaceTrac on SR200, the largest within City limits, and noted the intersection there has the same setup as what is to be upgraded at Maricamp & 25th, with little issue. Council Member Mansfield stated he is not in favor of the request and agrees with the public. He commented on his weekends off, he does ride-alongs with the police, and often they end up at a 24 hour convenience store overnight. Furthermore, Council can deny the request by citing City Code, Section 6.33 (c) (9). RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Jay A. Musleh AYE: Dreyer, Musleh, and Bethea Sr NAY: Hilty Sr, and Mansfield 6a. Adopt Budget Resolution 2022-175 establishing the Fiscal Year 2022-2023 Millage Rates for Downtown Development Districts at the current rate of 1.7185 (District A), 1.6332 (District B) and 1.4699 (District C) Council President Bethea opened public comment for items 6a, 6b, and 6c. City Clerk Angel Jacobs read the following into the record: 1. Name of Taxing Authority - City of Ocala Downtown Development Districts A, B and C 2. The Fiscal Year 2022-2023 operating millage rate for Downtown District A is 1.7185, which is greater than the rolled-back rate of 1.5711 by 9.38%. 3. The Fiscal Year 2022-2023 operating millage rate for Downtown District B is 1.6332, which is greater than the rolled-back rate of 1.5044 by 8.56%. 4. The Fiscal Year 2022-2023 operating millage rate for Downtown District C is 1.4699, which is greater than the rolled-back rate of 1.4639 by 0.41%. 5. Ad valorem tax revenues are increasing to support increased Page 5 of 21 City Council Minutes September 20, 2022 operating expenditures in the District. There being no discussion the motion carried by roll call vote. Council President Bethea announced the time of adoption at 5:45 pm. RESULT: ADOPTED MOVER: Jay A. Musleh SECONDER: James P. Hilty Sr AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6b. Adopt Budget Resolution 2022-176 approving the Fiscal Year 2022-2023 Budget for the Downtown Development fund in the amount of $381,900 Ms. Jacobs announced the total of the fiscal year 2022-2023 Downtown Development Fund operating budget is $381,900. There being no discussion the motion carried by roll call vote. Council President Bethea announced the time of adoption at 5:46 pm. RESULT: ADOPTED MOVER: Jay A. Musleh SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6c. Adopt Budget Resolution 2022-177 establishing the Fiscal Year 2022-2023 Millage Rate for the City of Ocala at the current rate of 6.6177 Ms. Jacobs read the following into the record: 1. Name of Taxing Authority - City of Ocala 2. The Fiscal Year 2022-2023 operating millage rate is 6.6177, which is greater than the rolled-back rate of 6.0407 by 9.55%. 3. Ad valorem tax revenues are increasing to support the addition of public safety employees as well as to assist with increasing cost pressures related to salary, benefit, and operating costs. There being no discussion the motion carried by roll call vote. Council President Bethea announced the time of adoption at 5:48 pm. RESULT: ADOPTED MOVER: James P. Hilty Sr SECONDER: Kristen M. Dreyer Page 6 of 21 City Council Minutes September 20, 2022 AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6d. Adopt Budget Resolution 2022-178 approving the Fiscal Year 2022-2023 Budget for the City of Ocala in the amount of $970,633,613 Council President Bethea opened the public hearing at 5:48 pm. Budget Director Tammi Haslam commented the budget was tentatively set at $970 million, which included the fire assessment revenue increase that was not adopted by Council on September 13, 2022. She noted she has prepared and provided to the City Clerk an amended budget resolution excluding the fire assessment revenue that decreases the total budget to $968,338,613. She requested Council make a motion to adopt the amended budget resolution. Council President Bethea announced the time of adoption at 5:50 pm. RESULT: ADOPTED AS AMENDED MOVER: Jay A. Musleh SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6f. Adopt Resolution 2022-53 to allow alcoholic beverage sales (beer and wine) as part of the NPD Classic Car Show & Craft Beer Festival on Saturday, September 24th, 2022 (Quasi-Judicial) Planning Director Patricia Hitchcock commented the applicant is requesting to close down City streets for the NPD Classic Car Show & Craft Beer Festival scheduled on Saturday, September 24th, 2022. The applicant will be obtaining a temporary alcohol permit, and the event does not fall under the Event Zone Ordinance. She noted staff recommends approval. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Jay A. Musleh SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 6g. Adopt Resolution 2022-54 to vacate the underlying plat, lots and rights-of-way for a portion of Lake Louise Estates as recorded in Plat Book F, Page 114, and a portion of Lake Louise Manor as recorded in Plat Book G, Page 58, Marion County Public Records, subject to reservation of easement, for portions located northeast of the intersection of SW 7th Avenue and SW 32nd Street, approximately 28.21 acres (Case PLV22-44878) (Quasi-Judicial) Planning Director Patricia Hitchcock provided a brief overview of the Lake Louise Estates and Lake Louise Manor plat recording history. The applicant plans on redeveloping the property, and the City approved an annexation for 88.73 acres in January. A land use plan amendment was approved, and the future land use policy was Page 7 of 21 City Council Minutes September 20, 2022 adopted. The PD development will require a vacation of the underlining plats, lots, and right-of-way. The applicant submitted an application to vacate 88.73-acres, and staff recommended the Planning & Zoning Commission postpone discussion during the August meeting. The Planning & Zoning Commission approved allowing the applicant to proceed forward with 88.73-acres. The City surveyor determined there is an overhead OEU connection to two homes which will need to be maintained during the development. The City will reserve an easement to cover overhead powerlines, which will terminate when the lines and facilities go underground. The plat vacation approval is subject to the reservation of the temporary easement and maintaining the OEU. Dr. Mohsen Sarfarazi, 14 Creek Court, spoke in opposition of the proposed vacation. He provided a brief overview of his property’s development project. He expressed concern that the vacation would limit his property’s access to SW 7th Avenue. He requested Council deny abrogation of the road. Todd Rudnianyn, 2441 NE 3rd Street, stated he is representing the applicant. He clarified the applicant is not requesting to vacate plats/abrogate roads adjoining Dr. Sarfarazi’s property. The request before Council is to vacate a portion of the Lake Louise Estates plat. The plan is to develop an apartment complex with traffic improvements. In the future, the applicant plans on requesting a plat vacation/abrogation for the roads Dr. Sarfarazi mentioned, at which time they will discuss the concerns in more detail. There being no further 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 6h. Adopt a Chapter 163 Development Agreement concerning property located on the east side of SW 43rd Court in the 3600 block (across from Saddlewood Elementary), approximately 26.63 acres (DMA22-44686). This is the second of two public hearings. The first public hearing was held on September 6, 2022. (Quasi-Judicial) Council President Bethea opened the public hearing for items 6h and 6i at 6:11pm. Council Member Mansfield motioned to approve 6h with reservations. Council Member Musleh seconded the motion. Council President Pro Tem Hilty made a motion to deny adoption of 6i, Ordinance 2022-85. Council President Bethea asked Attorney Cliff Shepherd for guidance, as there was a motion to approve the developer agreement and deny the ordinance. Mr. Shepherd advised there had not been a second on the motion to deny the ordinance, so it failed due to lack of a second. He suggested a motion to adopt the ordinance to allow further Page 8 of 21 City Council Minutes September 20, 2022 discussion. Council President Pro Tem Hilty motioned to adopt Ordinance 2022-85, and Council Member Musleh seconded the motion. Planning Director Patricia Hitchcock commented the property is approximately 26.63 acres. The applicant is requesting to rezone 15 acres to R-3, and the remaining 11 acres will need to be zoned in the future. The property was annexed in 2005, and no land use/zoning was applied at the time. The Ocala 2035 Vision Plan identifies the area as appropriate for medium intensity development. A study performed by Zimmerman/Volk Associates Inc in 2017 identified a need for additional housing units. She discussed the site plan details, and noted staff recommended approval of the rezoning with a Chapter 163 Developer’s Agreement, which was then denied by Council on May 3, 2022. The applicant filed a petition for relief under the Florida Land Use and Environmental Dispute Resolution Act (FLUEDRA). The Special Magistrate hearing held on August 9, 2022, resulted in a negotiated agreement between the parties. Since the denial of the rezoning, the City secured funding to start the expansion project for road improvements. The proposed Chapter 163 Developer’s Agreement includes the following: multifamily/single-family development on 15-acres, a maximum of 288 units, development standards, and traffic improvements. The R-3 zoning district and proposed development plan are consistent/eligible for the medium intensity special district land use classification. The scheduled roadway improvements will address the road capacity and nearby intersection concerns. Fred Roberts, 40 SE 11th Avenue, stated he is representing the applicant. He explained the function of a Chapter 163 Developer’s Agreement. The applicant reduced the number of proposed units from 320 to 288, and the survey submitted to the City shows the location of the construction access on 38th. The proposed agreement states the City will start roadway improvement on July 1, 2023, and the applicant cannot commence construction until roadway construction starts. Furthermore, the developers cannot construction until the roadway construction is completed, however the developer will be allowed a CO of up to 144-units prior to the roadway completion. The development timeline is 18-months, and the roadway construction timeline is 6-months. He provided a brief overview of the agreement’s timelines and force majeure clause. He explained the applicant’s proposed alternative language that would forbid any construction on the project to begin prior to May 1, 2023 in order to allow the City more time than is expected to begin construction on the road. City Engineer/Director of Water Resources Sean Lanier reviewed NW/SW 44th Avenue extension project time frame. The City will open bids for Phase IA tomorrow, and the contract timeframe is 320 days, with an estimated completion date of Fall 2023. The section in front of Saddlewood Elementary School will start in the Summer to limit the impact on school operations. The goal is to finish the 4-lane expansion project by Winter Page 9 of 21 City Council Minutes September 20, 2022 2023 or Spring 2024. Council Member Musleh asked if the City has the funding available now to complete the expansion project. Mr. Lanier responded yes. Council Member Musleh asked when Phase III will start. Mr. Lanier responded the City is waiting to receive project bids to determine project costs. Council Member Musleh expressed concern allowing development construction when the roadway is not complete. Mr. Lanier explained there will be a signal at 200 with four lanes running to 20th Street, which is Phase IA and IB. The section in yellow, Phase III, will not necessarily be handled within the year and a half timeframe. Mr. Lanier commented the City will have a new Spring budget to allocate more funds for the roadway expansion project. He reiterated the City is waiting to receive the project bids to determine a Phase III date, and the City has funding available to complete Phase IA and IB including contingencies. Council Member Dreyer asked if the City will install a traffic light on 40th. Mr. Lanier responded yes; every four-way intersection will have a traffic light. He noted the City will issues separate bids for the traffic lights. Council Member Dreyer commented the completion of Phase IA/IB are crucial to the project. Mr. Lanier spoke on cost saving efforts the City will utilize during the roadway expansion project. He explained when constructing the 4-lane roads, the outer lanes will be constructed first and the inner lanes will be filled in after, to minimize impact on citizens. Mr. Roberts noted Phase III does not take place in front of the applicant’s parcel. The goal is to not send all the traffic to 38th, and the roadway expansion project will create more avenues to mitigate traffic. He reiterated Phase IA/IB apply to the applicant’s parcel. Debra Williams, 3740 SW 56th Court, questioned when the roadway expansion project will be completed. She expressed concern regarding the following: overcrowding, Sam’s Club traffic, increased crime, and roadway traffic impacts. Milton Frazier, 4541 SW 46th Street, spoke in opposition of the proposed development. He expressed concern regarding the following: traffic impacts, overcrowding, developers not paying impact fees, and the existing poor intersection design. He requested Council deny the proposed development project. Rona Goldbach, 4550 SW 44th Court, spoke in opposition of the proposed development. She expressed concern regarding the following: school overcrowding, pedestrian safety, burdening emergency services, and increased crime. Page 10 of 21 City Council Minutes September 20, 2022 Mr. Roberts reiterated Phase IA/IB are related to the development project, and the proposed road improvements will remedy traffic impacts. The estimated trip generation for the development is 158 trips. To note, 180 single-family units will generate 104 peak hour trips and 180 multifamily units will generate 93 peak hour trips. The development will generate 78 peak hour trips before the roadway is completed. The applicant has the right to develop the property, and they are requesting the lowest intensity use. He stated the roadway expansion project creates development opportunities in the area. He reiterated the appropriateness of the modified Chapter 163 Developer’s Agreement and submitted several documents into evidence, including an email from Kimley-Horn Traffic Amber Gardner detailing the traffic study talking points and methodology table. Council Member Mansfield discussed the negotiations that took place during the Special Magistrate meeting. The developer will utilize the easement connection on 38th for construction traffic (section 3.14). The applicant agreed to the following: will not start construction until roadway construction starts, and the developments construction will complete when the roadway construction is completed. Furthermore, the applicant will receive a CO to lease only 144 units prior to completion of the four-lane expansion project. The developer will be building a high-quality product in the area. Council Member Hilty expressed concern regarding the affordability of the luxury apartments. He questioned how distribution center employees will be able to afford a luxury apartment rental. City Manager Pete Lee spoke on the application review process through the Growth Management Department. Council Member Mansfield stated the area is appropriate for a high-quality development. Council Member Musleh asked if school concurrency can be considered. Attorney Cliff Sheppard responded no; the School Board has an existing Interlocal Agreement. Furthermore, the School Board has not built enough schools to remedy the overcrowding issues. Council Member Musleh expressed concern allowing development construction when the roadway is not complete. He suggested the City perform a traffic study on a built roadway, and noted he is conflicted regarding the matter. Council President Bethea commented the Comprehensive Plan states property owners have the right to develop their property. Council Member Musleh noted the developer cannot build because the property has no zoning assigned. Council Member Musleh asked how many units can be developed under single-family residential. Mr. Lee responded 142-units. Ms. Hitchcock commented the medium intensity land use requires a minimum of 5-units per acre. Page 11 of 21 City Council Minutes September 20, 2022 Council Member Musleh asked what would happen if the developer is unable to meet the minimum requirement due to engineering issues. Ms. Hitchcock responded the developer will need to request a land use change. Council Member Dreyer asked if the project will be subject to impact fees in the future, should the School Board decide to enact the fee in the future. Mr. Sheppard responded no. Council Member Musleh recommends Council deny the application due to compatibility and traffic. There being no further discussion the motion carried by roll call vote. RESULT: DENIED MOVER: Barry Mansfield SECONDER: Jay A. Musleh AYE: Mansfield NAY: Hilty Sr, Dreyer, Musleh, and Bethea Sr 6i. Adopt Ordinance 2022-85 for a zoning change to R-3, Multi-family Residential, for property located on the east side of SW 43rd Court in the 3600 block (across from Saddlewood Elementary), approximately 15 acres (Case ZON22-44645) (Quasi-Judicial) Introduced By: James P. Hilty Sr Council President Pro Tem Hilty motioned to deny adoption of Ordinance 2022-85. The motion failed due to lack of a second. Council President Pro Tem Hilty motioned to adopt Ordinance 2022-85. There being no further discussion the motion carried by roll call vote. RESULT: DENIED MOVER: James P. Hilty Sr SECONDER: Jay A. Musleh AYE: Mansfield NAY: Hilty Sr, Dreyer, Musleh, and Bethea Sr 7. Second and Final Reading of Ordinances (All are Public Hearings) 7a. Adopt Ordinance 2022-76 annexing property located at 2300 SW 38th Avenue, approximately 34.06 acres (Case ANX22-44859) (Quasi-Judicial). Request to postpone to October 18, 2022 City Council meeting Introduced By: James P. Hilty Sr Chief Planning Official Aubrey Hale requested discussion of the item to be postponed to the next City Council meeting scheduled on October 18, 2022. Page 12 of 21 City Council Minutes September 20, 2022 Council agreed to postpone the item. RESULT: POSTPONED MOVER: Jay A. Musleh SECONDER: Kristen M. Dreyer AYE: Dreyer, Mansfield, Musleh, and Bethea Sr ABSENT: Hilty Sr 7b. Adopt Ordinance 2022-77 concerning an amendment to the Future Land Use Category from Medium Residential & Commercial (County) to Low Intensity (City), for property located at 2300 SW 38th Avenue, approximately 34.06 acres. (Case LUC22-44860). Request to postpone to October 18, 2022 City Council meeting Introduced By: Jay A. Musleh Chief Planning Official Aubrey Hale requested discussion of the item to be postponed to the next City Council meeting scheduled on October 18, 2022. Council agreed to postpone the item. RESULT: POSTPONED MOVER: Jay A. Musleh SECONDER: Kristen M. Dreyer AYE: Dreyer, Mansfield, Musleh, and Bethea Sr ABSENT: Hilty Sr 8. General Business 8a. Approve an affordable housing incentive fund disbursement for Silver Pointe Apartments to be located at 2321 NE 3rd Street in an amount not to exceed $200,000 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: James P. Hilty Sr SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, and Musleh ABSENT: Bethea Sr 8b. Approve request for waiver of the one-year period required by Section 122-134 to allow resubmittal of a rezoning to PD, Planned Development, to allow only single-family development on property located at 4240 and 4300 SW 43rd Court, approximately 9.1 acres There being no discussion the motion carried by roll call vote. Page 13 of 21 City Council Minutes September 20, 2022 RESULT: APPROVED MOVER: Barry Mansfield SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8c. Approve one-year renewal with GWP Construction, Inc. for hauling of lime sludge from Water Treatment Plant No. 1 with an estimated annual expenditure of $125,000 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Barry Mansfield SECONDER: Kristen M. Dreyer AYE: Hilty Sr, Dreyer, Mansfield, and Bethea Sr ABSENT: Musleh 8d. Approve one-year renewal with Polydyne, Inc. for liquid polymer supply and delivery with an estimated expenditure of $217,000 Council Member Mansfield asked how polymer is used. City Engineer/Director of Water Resources Sean Lanier responded the polymer is used to remove sludge from the treatment plants. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: James P. Hilty Sr SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, and Bethea Sr ABSENT: Musleh 8e. Approve agreement with Pospiech Contracting, Inc., for the provision of construction services related to the SE 17th Street Force Main Replacement Project for $4,689,090, plus 10% contingency, for a total expenditure of $5,157,999 Mayor Guinn questioned why the City chose Pospiech Contracting, Inc. over the lowest bidder. City Engineer/Director of Water Resources Sean Lanier Pospiech bid $4,689,000 and Marion Rock bid $5,376,000. Council Member Mansfield ask who controls the contingency. Mr. Lanier explained he controls the contingency in the project budget. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer Page 14 of 21 City Council Minutes September 20, 2022 SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8f. Approve the use of cooperative purchase program agreements for the purchase of 84 vehicles and equipment for various City departments in the amount of $5,275,797 Council Member Mansfield questioned why the City wants to purchase 2,000 vehicles for 1,000 employees. Director of Facilities & Fleet Management John King responded the request is a mix of vehicles and equipment. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Barry Mansfield SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8g. Approve three-year agreement with CapFinancial Partners, LLC d/b/a CapTrust Financial Advisors for investment performance and advisory services for the City’s treasury funds in the amount of $64,500 Council Member Hilty asked if the contract is for 3 years. Director of Finance Emory Roberts responded yes, with two one-year renewals. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Jay A. Musleh SECONDER: James P. Hilty Sr AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8h. Approve three-year agreement with Read’s Uniforms, LLC to provide uniforms for Ocala Fire Rescue personnel with an estimated aggregate expenditure of $212,490 There being no 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 8i. Approve one-year renewal with McShea Contracting, LLC, for citywide traffic striping services with an estimated expenditure of $550,000 Council Member Mansfield asked how long the contractor must wait to strip new asphalt. Furthermore, he asked what kind of stripping product will be used. Director of Public Works Darren Park responded the contractor must wait 30 days, and the stripping product used is thermal plastic. Page 15 of 21 City Council Minutes September 20, 2022 There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Jay A. Musleh SECONDER: Barry Mansfield AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8j. Approve a 25-month employment agreement with City Attorney candidate William E. Sexton, Esq., for the period October 1, 2022, through October 31, 2024 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: James P. Hilty Sr SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8k. Approve engagement of Patrick G. Gilligan with the law firm Gilligan, Anderson & Phelan, P.A. as outside legal counsel on an as-needed basis up to an amount not to exceed $250,000 There being no discussion the motion 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 8l. Approve collective bargaining agreements with the Police Officer Bargaining Unit and the Lieutenants & Sergeants Bargaining Unit of the Fraternal Order of Police Lodge #129 for the period of October 1, 2022 through September 30, 2025 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 8m. Approve five-year agreements for continuing professional engineering services with various firms for citywide projects requiring engineering services Richard Bush, Kimberly-Horn & Associates, thanked Council for selecting their firm for professional engineering services. Council Member Dreyer disclosed her personal relationship with the engineering company. Page 16 of 21 City Council Minutes September 20, 2022 There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: James P. Hilty Sr SECONDER: Jay A. Musleh AYE: Hilty Sr, Dreyer, Mansfield, Musleh, and Bethea Sr 8n. Approve addendum to the City Manager’s employment agreement removing all references to the terms “acting” and “interim” There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Jay A. Musleh SECONDER: Kristen M. Dreyer 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. 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 Permissive Use Agreement with St. Johns River Water Management District for the installation of a rain gauge at the Ocala Wetlands Recharge Park 9b. Adopt Budget Resolution 2022-179 amending the Fiscal Year 2021-2022 budget to appropriate Challenge grant funds from Marion County for the Marion County Continuum of Care totaling $52,000 9c. Adopt Budget Resolution 2022-180 appropriating funds for art maintenance in coordination with a public art donation in the amount of $5,000 9d. Approve one-year renewal of the grant agreement with the Community Foundation for Ocala/Marion County extending the community paramedic program until August 31, 2023 9e. Adopt Resolution 2022-55 accepting donation of the public art piece, The Water and Wildlife of the Ocklawaha mural, into the City’s public art collection valued at $13,940 9f. Approve the subordination of the City’s lien on the real property located at 1622 NW 4th Street, Ocala FL 34475 9g. Adopt Resolution 2022-56 appointing Tasha Osbourne and Davida Randolph to the Affordable Housing Advisory Committee for unexpired three-year terms ending December 31, 2022 Page 17 of 21 City Council Minutes September 20, 2022 9h. City Attorney Invoices - August 2022 9i. Approve Regular Meeting City Council Minutes from September 6, 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 (Second and Final Reading - October 4, 2022) 11a. Introduce Ordinance 2022-86 amending Policy 18.17 in the Future Land Use Element of the Comprehensive Plan for property located north of NE 35th Street approximately 780-ft west of the intersection of NE 5th Terrace and NE 35th Street, approximately 16.25 acres (Case FLUP22-44798) Introduced By: Barry Mansfield 12. Internal Auditor's Report 13. City Manager's Report 13a. Request for an attorney-client meeting with City Council, the City Manager, and the City’s workers’ compensation attorney, Bettina Carrier, pursuant to F.S. 286.011, to discuss the pending litigation and possible settlement of the case James Bowlin v. City of Ocala Council agreed to a shade meeting on October 4 at 3:30pm. City Manager Pete Lee commented workers compensation attorney Bettina Carrier is requesting to schedule a Shade meeting on October 4, 2022, at 3:30 pm; to discuss the pending settlement options. He provided a brief overview of the vehicle accident and claimants workers compensation claims. TPO Meeting scheduled for Tuesday, September 27 at 4pm City Manager Pete Lee commented the TPO meeting is scheduled on September 27, 2022, at 4 pm. City recognized as Class 3 for flood insurance Community Rating System City Manager Pete Lee commented the City was recognized for the Flood Insurance Community Rating System rating of 3. He noted 8 of the 1,500 communities were recognized as class 3. The rating reduces flood insurance premiums for City residents by 35%. 2022 Permit Telephone Satisfaction Survey results City Manager Pete Lee commented 40 applicants were selected, and the City received favorable results. The next round table meeting is schedule on September 29, 2022, at 7:30am, location Golf Course. CEP Policy Discussion Workshop to be scheduled Page 18 of 21 City Council Minutes September 20, 2022 City Manager Pete Lee asked if Council would like to schedule a workshop to discuss the CEP contract and policies. Council Member Musleh suggested scheduling a workshop to discuss the policies. Mr. Lee commented he will present the contract at the next City Council meeting scheduled on October 4, 2022, and schedule a workshop to discuss the policies. 15-20 Palm Trees to be removed on S. Magnolia and the Square due to Lethal bronzing City Manager Pete Lee commented the City will be removing palm trees that have lethal bronzing on S. Magnolia and around the Square. The plan is to remove the contaminated trees to prevent the lethal bronzing from spreading. Chief Planning Official Aubrey Hale commented the arborist recommended removing all the palm trees that tested positive for lethal bronzing. Furthermore, the City will be removing several palms along Broadway, S. Magnolia & 1st Avenue. Council President Bethea and Council Member Dreyer questioned how palm trees get lethal bronzing. Mr. Hale explained how bugs infect the trees. Council Member Dreyer asked what the palm trees will be replaced with. Mr. Hale responded they plan on replacing the trees with potted plants. Council Member Dreyer asked if some of the palm trees have electric boxes. Mr. Hale responded the palm trees with electrical boxes will be arrogated and capped. 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 September 5, 2022 to September 18, 2022. The Police Departments Opioid response efforts 9, overdose deaths 1, Narcan leave behind 4 and Amnesty participation 2. The Police Department responded to the following: 47,700 dispatch calls for service, 83,000 self-initiated calls, dispatch calls are down 4,000 YTD, crime/homicides trending low, and Saving Mercy Police response doubled this year. 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 7, overdose deaths 0 and Narcan leave behind 1. For the month of September, 368 people have enrolled in the Opioid Recovery Project and they had a total of 175 community paramedicine graduates. The Narcan leave behind for the OD2A Program amounts to 18 participants and 1,326 calls for services. He thanked Council for attending the September 11th events, and seven Fire Fighters received the highest honor for saving the life of a 3-month who overdosed on opiates. 15. Mayor's Report Page 19 of 21 City Council Minutes September 20, 2022 Mayor Guinn commented on the hazardous intersection located at SE 22nd Avenue Mayor Guinn commented on the hazardous intersection located at SE 22nd Avenue. He asked if the City can install an intersection light. City Engineer/Director of Water Resources Sean Lanier responded yes if it is warranted; the City could save two-thirds ($250,000 expense), if the wires and pole structures are already in place for the light installation. Mayor Guinn commented the intersection light will promote pedestrian safety. Mr. Lanier commented the City will perform a study. He noted the previous traffic light was removed because it wasn't warranted. Council Member Musleh stated he does not remember any major traffic accidents taking place at this intersection. Mayor Guinn expressed the importance of installing traffic calming devices to promote pedestrian safety. Mr. Lanier commented the City will perform a study to determine if a traffic signal is needed. Council Member Hilty stated the hedges causes a blind spot at the intersection. 16. City Attorney's Report 17. Informational Items 17a. Calendaring Items 17b. Comments by Mayor 17c. Comments by Council Members Council Member Dreyer questioned the recent changes to the intersection in front of Mark's Prime Steakhouse Council Member Dreyer questioned the recent changes to the intersection in front of Mark's Prime Steakhouse. City Engineer/Director of Water Resources Sean Lanier explained the traffic calming improvements constructed at the intersection. Council Member Dreyer discussing how the traffic calming improvements are confusing the public; and expressed concern regarding pedestrian safety. Council President Bethea requested the City evaluate the intersection improvements. Council Member Hilty stated he will be attending the East Central Florida Region Planning Council meeting in Kissimmee on September 21 Council Member Musleh requested an updated regarding animal control services Council Member Musleh requested an updated regarding animal control services. City Manager Page 20 of 21 City Council Minutes September 20, 2022 Pete responded the County will be sending changes to the City regarding the level of service. Council Member Musleh stated the goal is to decrease the response time. Mr. Lee noted the County requested an additional employee be added. The County will supply data regarding the number of services calls for the City to evaluate. Council President Bethea commented on the community meeting for District 2 Council President Bethea commented on the community meeting for District 2. The City had a great turnout for the community meeting, and they discussed several issues. The goal is to have more citizen engagement and create the NW Ocala Task Force. Council President Bethea appointed Pro Tem Hilty and Council Member Dreyer to negotiate contracts with City Clerk Angel Jacobs and City Auditor Randall Bridgeman and reminded Council to complete their PERs for Ms. Jacobs and Mr. Bridgeman Chris Watt provided a brief overview of the contract negotiation process. The contracts will be presented at the second City Council meeting in October. 17d. Informational 17d1. Executed Contracts Under $50,000 17d2. Treasury Cash and Investment Report for the quarter ending June 30, 2022 18. Adjournment Adjourned at 8:15 pm Minutes _______________________________ ________________________________ Ire Bethea Sr. Angel B. Jacobs Council President City Clerk Page 21 of 21