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City Council

Regular Meeting

Ocala, FL · October 4, 2022

AgendaMinutes

Minutes

110 SE Watula Avenue Ocala Ocala, FL 34471 City Council www.ocalafl.org Synopsis Tuesday, October 4, 2022 4:00 PM 1. Call to Order a. Opening Ceremony 1. Invocation - Chaplain Gene Kenney 2. Pledge of Allegiance b. Welcome and Roll Call Present: Mayor Reuben Kent Guinn Council Member Kristen M. Dreyer Council Member Barry Mansfield Council Member Jay A. Musleh Council President Ire J. Bethea Sr Excused: Pro Tem James P. Hilty Sr 2. Public Notice Public Notice for the October 4, 2022 City Council Regular Meeting was posted on September 15, 2022 3. Proclamations & Awards 3a. Public Power Week Proclamation - Presented to Ocala Electric Utilities Director, Doug Peebles, and Deputy Director, Chad Lynch 3b. National Cybersecurity Awareness Month Proclamation - Presented to Winsome Jacobs, Chief Information Technology Officer, Christopher Ramos, Assistant Director of Cyber and Physical Security and City Staff 3c. National Arts and Humanities Month Proclamation - Presented to Jaye Baillie, Executive Director of the Marion Cultural Alliance at Brick City Center for the Arts 3d. Fire Prevention Week Proclamation - Presented to Fire Chief Clint Welborn 3e. Presentation of a lifesaving award to College of Central Florida Paramedic Student, Miranda Kilsby and Ocala Fire Rescue Captain, Brent Stegall, by Ocala Fire Chief Clint Welborn. 4. Presentations 4a. Updates at the College of Central Florida - Presentation by Dr. James Henningsen, President 5. Public Comments Page 1 of 6 City Council Synopsis October 4, 2022 Darnitha Gaskin, 1920 NW Old Blitchon Road, requested the City install a purple bench for Domestic Violence Awareness at Tom's Park Brian Creekbaum, 103 NE 31st Terrace, commented on animal control services 6. Public Hearings 6a. Approve the sale of beer and wine for on-premise consumption for The Lion and The Bull, Inc., d/b/a The Depot on Magnolia located at 533 NE 1st Ave (Quasi-Judicial) Presentation By: Tye Chighizola RESULT: APPROVED MOVER: Jay A. Musleh SECONDER: Barry Mansfield AYE: Dreyer, Mansfield, Musleh, and Bethea Sr ABSENT: Hilty Sr 6b. Adopt Resolution 2023-1 to allow alcoholic beverage sales (beer, wine, and liquor) as part of the Ocala Arts Festival on Saturday & Sunday, October 22 & 23, 2022 (Quasi-Judicial) Presentation By: Tye Chighizola RESULT: ADOPTED MOVER: Jay A. Musleh SECONDER: Kristen M. Dreyer AYE: Dreyer, Mansfield, Musleh, and Bethea Sr ABSENT: Hilty Sr 7. Second and Final Reading of Ordinances (All are Public Hearings) 7a. Adopt 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 feet west of the intersection of NE 5th Terrace and NE 35th Street, approximately 16.25 acres (Case FLUP22-44798) Presentation By: Tye Chighizola Introduced By: Barry Mansfield RESULT: ADOPTED MOVER: Barry Mansfield SECONDER: Kristen M. Dreyer AYE: Dreyer, Mansfield, Musleh, and Bethea Sr ABSENT: Hilty Sr 8. General Business 8a. Adopt Resolution 2023-2 concerning SunTran’s ten-year Transit Development Plan Page 2 of 6 City Council Synopsis October 4, 2022 Presentation By: Tye Chighizola RESULT: ADOPTED MOVER: Barry Mansfield SECONDER: Kristen M. Dreyer AYE: Dreyer, Mansfield, Musleh, and Bethea Sr ABSENT: Hilty Sr 8b. Adopt Budget Resolution 2023-100 amending the Fiscal Year 2021-2022 budget to appropriate funds from the American Rescue Plan Act in the amount of $6,101,080 Presentation By: Cindy Krepps RESULT: ADOPTED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Dreyer, Mansfield, Musleh, and Bethea Sr ABSENT: Hilty Sr 8c. Adopt Resolution 2023-3 approving Public Transportation Grant Agreement 451596-1-94-01 with the Florida Department of Transportation for airport infrastructure improvements in the amount of $100,000 Presentation By: Michael Baker RESULT: ADOPTED MOVER: Jay A. Musleh SECONDER: Barry Mansfield AYE: Dreyer, Mansfield, Musleh, and Bethea Sr ABSENT: Hilty Sr 8d. Approve annual agreement for business creation, retention, and attraction services with the Ocala Metro Chamber & Economic Partnership (CEP) for the cost of $190,000 Presentation By: Aubrey Hale RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Dreyer, Mansfield, and Bethea Sr NAY: Musleh ABSENT: Hilty Sr 8e. Adopt Resolution 2023-4 declaring a State of Emergency in the City of Ocala because of Hurricane Ian and authorizing the City to take such actions as necessary to meet the emergency needs of the citizens of Ocala Presentation By: Peter Brill RESULT: ADOPTED Page 3 of 6 City Council Synopsis October 4, 2022 MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Dreyer, Mansfield, Musleh, and Bethea Sr ABSENT: Hilty 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: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Dreyer, Mansfield, Musleh, and Bethea Sr EXCUSED: Hilty Sr 9a. Approve Labor Attorney invoices for the month of July/August 2022 in the amount of $1614.40 Presentation By: Chris Watt 9b. Approve the Oak Hill Plantation Phase 2B Final Plat (SUB22-44838) Presentation By: Aubrey Hale 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 18, 2022) 11a. Introduce Ordinance 2023-1 annexing properties located at the intersection of SE 31st Street and SE 36th Avenue, approximately 6.15 acres. (Case ANX22- 44895) (Parcel #’s: 29739+000-00, 29801-000-01 & 2981+000-018) Introduced By: Barry Mansfield 11b. Introduce Ordinance 2023-2 amending a future land use designation from Public (County) to Public (City) for properties located at the intersection of SE 31st Street and SE 36th Avenue, approximately 6.15 acres (Case LUC22-44896) (Parcel #’s: 29739+000-00, 29801-000-01 & 2981+000-018) Introduced By: Jay A. Musleh 11c. Introduce Ordinance 2023-3 concerning a rezoning from M-1 Light Industrial, PUD, Planned Unit Development (County) & B-2, Community Business (County) to G-U, Governmental Use (City) for a property located at the northwest and northeast corners of the intersection at SE 31st Street and SE 36th Avenue, approximately 6.15 acres. (Parcel #’s: 29739+000-00, 29801-000-01 & 2981+000-018) (Case ZON22-44897) Page 4 of 6 City Council Synopsis October 4, 2022 Introduced By: Kristen M. Dreyer 11d. Introduce Ordinance 2023-4 concerning a request to annex property located at the southeast corner of Southeast 31st Street and Southeast 36th Avenue, approximately 24.86 acres/Parcel#: 29739-000-00 (Case ANX22- 44824) (Quasi-Judicial) Introduced By: Barry Mansfield 11e. Introduce Ordinance 2023-5 amending the Future Land Use Designation from Commercial and Employment Center (County) to Low Intensity (City) for property located at the southeast corner of SE 31st Street and SE 36th Avenue, approximately 24.86 acres (Case LUC22-44825) (Quasi-Judicial) Introduced By: Kristen M. Dreyer 11f. Introduce Ordinance 2023-6 concerning a request to rezone from M-1, Light Industrial (County) and B-2, Community Business (County), to R-3, Multi-Family Residential District (City), for property located at the southeast corner of SE 31st Street and SE 36th Avenue, approximately 24.86 acres (Case ZON22-44826) (Quasi-Judicial) Introduced By: Barry Mansfield 11g. Introduce Ordinance 2023-7 concerning a request to rezone from M-2, Medium Industrial, to G-U, Governmental Use, for property located at the northwest corner of the intersection of SW 15th Street and SW 6th Avenue, approximately 3.92 acres (Case ZON22-44915) (Quasi-Judicial) Introduced By: Kristen M. Dreyer 11h. Introduce Ordinance 2023-8 concerning a request to rezone from B-4, Regional Business (County), and R-1, Single Family Dwelling (County), to R-3, Multi-Family Residential, for certain property located on the west side of SW 38th Avenue in the 2300 block, approximately 34.06 acres (Case ZON22-44930) (Quasi-Judicial) Introduced By: Jay A. Musleh 12. Internal Auditor's Report 13. City Manager's Report City of Ocala team preparation for Hurricane Ian Builders Round Table rescheduled to November 17, 2022, at 7:00 am at the Ocala Golf Club Redistricting Workshop to be scheduled for October 25, 2022 United Way Day scheduled on October 26, 2022, 11 am to 2 pm at the City Complex CRA meeting scheduled on October 18, 2022, at 3:45 pm School Board & Marion County Joint Workshop to be scheduled for December 8 or 9, 2022 14. Police and Fire Department Report Police Chief Mike Balken – Public Safety Opioid Response Efforts Page 5 of 6 City Council Synopsis October 4, 2022 Fire Chief Clint Welborn – Public Safety Opioid Response Efforts & Community Paramedicine 15. Mayor's Report 16. City Attorney's Report City Attorney Batsel provided a litigation update 17. Informational Items a. Calendaring Items b. Comments by Mayor Mayor Guinn thanked the Building and Electric Department for their assistance with his son's new business. c. Comments by Council Members Council Member Musleh commented on his passion for the City and thanked Council for the meeting’s dialogue Council Member Dreyer thanked City staff for their hard work preparing for Hurricane Ian Council Member Mansfield thanked City staff for their hard work preparing for Hurricane Ian Council Member Mansfield commented on the new Police training program Council President Bethea requested Senior Leadership send an appreciation letter on behalf of Council to City employees d. Informational 17d1. Power Cost Adjustment Report - August 2022 17d2. Monthly Budget to Actual Report as of August 31, 2022 and Capital Improvement Project Status Report 17d3. Executed Contracts Under $50,000 17d4. Litigation concerning manufacturers and suppliers of firefighting foam products (known as “aqueous film forming form” or “AFFF”) and/or other products containing per- and polyfluoroalkyl substances (“PFAS”) 17d5. Status Report on American Humanist Association Inc., et al v. City of Ocala, et al. 18. Adjournment Adjourned at 6:22 pm Page 6 of 6

Agenda

Ocala City Council Agenda - Final Tuesday, October 4, 2022 Meeting Information WELCOME! Location Citizens are encouraged to participate in City of Ocala Ocala City Hall meetings. Speaker cards should be filled out in advance and 110 SE Watula Avenue submitted to the City Clerk. Speakers will be limited to 3 Second Floor - Council Chambers (three) minutes. Additional time may be granted by the Council Ocala, Florida President. When recognized, state name and address. Citizen https://ocalafl.org/meetings groups are asked to name a spokesperson. Time The City of Ocala encourages civility in public discourse and 4:00 PM requests that speakers limit their comments to specific motions and direct their comments to the Council. Cell phones should be Council Members Ire Bethea Sr., Council President turned off or set to vibrate. James P. Hilty Sr., Pro Tem Kristen Dreyer The order of agenda items may be changed if deemed Barry Mansfield appropriate by City Council. Jay A. Musleh Mayor Citizens are encouraged to provide comments in writing to the Reuben Kent Guinn City Clerk before meetings for inclusion into the public record. Citizens may also provide input to individual City Manager council members via office visits, phone calls, letters and Peter Lee e-mail that will become public record. In some instances, i.e., Quasi-Judicial Hearings, these particular contacts may be prohibited. Mission Statement The City of Ocala provides fiscally APPEALS responsible services consistent with the Any person who desires to appeal any decision at this meeting community's current and future will need a record of the proceedings and for this purpose may expectations. need to ensure that a verbatim record of the proceedings is made that includes the testimony and evidence upon which the appeal is made. City Council's Strategic Priorities ADA COMPLIANCE If reasonable accommodations are needed for you to participate Priority 1: Economic hub in this meeting, please call the City Manager’s Office at 352-629-8401 at least 48 hours in advance so arrangements can Priority 2: Fiscally sustainable be made. Priority 3: Operational excellence Priority 4: Quality of place City Council Agenda - Final October 4, 2022 1. Call to Order a. Opening Ceremony 1. Invocation - Chaplain Gene Kenney 2. Pledge of Allegiance b. Welcome and Roll Call 2. Public Notice 3. Proclamations & Awards 3a. Public Power Week Proclamation - Presented to Ocala Electric Utilities Director, Doug Peebles, and Deputy Director, Chad Lynch 3b. National Cybersecurity Awareness Month Proclamation - Presented to Winsome Jacobs, Chief Information Technology Officer, Christopher Ramos, Assistant Director of Cyber and Physical Security and City Staff 3c. National Arts and Humanities Month Proclamation - Presented to Jaye Baillie, Executive Director of the Marion Cultural Alliance at Brick City Center for the Arts 3d. Fire Prevention Week Proclamation - Presented to Fire Chief Clint Welborn 3e. Presentation of a lifesaving award to College of Central Florida Paramedic Student, Miranda Kilsby and Ocala Fire Rescue Captain, Brent Stegall, by Ocala Fire Chief Clint Welborn. 4. Presentations 4a. Updates at the College of Central Florida - Presentation by Dr. James Henningsen, President 5. Public Comments 6. Public Hearings 6a. Approve the sale of beer and wine for on-premise consumption for The Lion and The Bull, Inc., d/b/a The Depot on Magnolia located at 533 NE 1st Ave (Quasi-Judicial) Presentation By: Tye Chighizola 6b. Adopt Resolution 2023-1 to allow alcoholic beverage sales (beer, RES-2023-1 wine, and liquor) as part of the Ocala Arts Festival on Saturday & Sunday, October 22 & 23, 2022 (Quasi-Judicial) Presentation By: Tye Chighizola 7. Second and Final Reading of Ordinances (All are Public Hearings) Page 1 of 4 City Council Agenda - Final October 4, 2022 7a. Adopt 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 feet west of the intersection of NE 5th Terrace and NE 35th Street, approximately 16.25 acres (Case FLUP22-44798) Presentation By: Tye Chighizola Introduced by: Barry Mansfield 8. General Business 8a. Adopt Resolution 2023-2 concerning SunTran’s ten-year Transit RES-2023-2 Development Plan Presentation By: Tye Chighizola 8b. Adopt Budget Resolution 2023-100 amending the Fiscal Year BR-2023-1 2021-2022 budget to appropriate funds from the American Rescue Plan Act in the amount of $6,101,080 Presentation By: Cindy Krepps 8c. Adopt Resolution 2023-3 approving Public Transportation Grant RES-2023-3 Agreement 451596-1-94-01 with the Florida Department of Transportation for airport infrastructure improvements in the amount of $100,000 Presentation By: Michael Baker 8d. Approve annual agreement for business creation, retention, and attraction services with the Ocala Metro Chamber & Economic Partnership (CEP) for the cost of $190,000 Presentation By: Aubrey Hale 8e. Adopt Resolution 2023-4 declaring a State of Emergency in the City of RES-2023-4 Ocala because of Hurricane Ian and authorizing the City to take such actions as necessary to meet the emergency needs of the citizens of Ocala Presentation By: Peter Brill 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. 9a. Approve Labor Attorney invoices for the month of July/August 2022 in the amount of $1614.40 Presentation By: Chris Watt Page 2 of 4 City Council Agenda - Final October 4, 2022 9b. Approve the Oak Hill Plantation Phase 2B Final Plat (SUB22-44838) Presentation By: Aubrey Hale 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 18, 2022) 11a. Introduce Ordinance 2023-1 annexing properties located at the ORD-2023-1 intersection of SE 31st Street and SE 36th Avenue, approximately 6.15 acres. (Case ANX22- 44895) (Parcel #’s: 29739+000-00, 29801-000-01 & 2981+000-018) 11b. Introduce Ordinance 2023-2 amending a future land use designation ORD-2023-2 from Public (County) to Public (City) for properties located at the intersection of SE 31st Street and SE 36th Avenue, approximately 6.15 acres (Case LUC22-44896) (Parcel #’s: 29739+000-00, 29801-000-01 & 2981+000-018) 11c. Introduce Ordinance 2023-3 concerning a rezoning from M-1 Light ORD-2023-3 Industrial, PUD, Planned Unit Development (County) & B-2, Community Business (County) to G-U, Governmental Use (City) for a property located at the northwest and northeast corners of the intersection at SE 31st Street and SE 36th Avenue, approximately 6.15 acres. (Parcel #’s: 29739+000-00, 29801-000-01 & 2981+000-018) (Case ZON22-44897) 11d. Introduce Ordinance 2023-4 concerning a request to annex property ORD-2023-4 located at the southeast corner of Southeast 31st Street and Southeast 36th Avenue, approximately 24.86 acres/Parcel#: 29739-000-00 (Case ANX22- 44824) (Quasi-Judicial) 11e. Introduce Ordinance 2023-5 amending the Future Land Use ORD-2023-5 Designation from Commercial and Employment Center (County) to Low Intensity (City) for property located at the southeast corner of SE 31st Street and SE 36th Avenue, approximately 24.86 acres (Case LUC22-44825) (Quasi-Judicial) 11f. Introduce Ordinance 2023-6 concerning a request to rezone from M-1, ORD-2023-6 Light Industrial (County) and B-2, Community Business (County), to R-3, Multi-Family Residential District (City), for property located at the southeast corner of SE 31st Street and SE 36th Avenue, approximately 24.86 acres (Case ZON22-44826) (Quasi-Judicial) Page 3 of 4 City Council Agenda - Final October 4, 2022 11g. Introduce Ordinance 2023-7 concerning a request to rezone from M-2, ORD-2023-7 Medium Industrial, to G-U, Governmental Use, for property located at the northwest corner of the intersection of SW 15th Street and SW 6th Avenue, approximately 3.92 acres (Case ZON22-44915) (Quasi-Judicial) 11h. Introduce Ordinance 2023-8 concerning a request to rezone from B-4, ORD-2023-8 Regional Business (County), and R-1, Single Family Dwelling (County), to R-3, Multi-Family Residential, for certain property located on the west side of SW 38th Avenue in the 2300 block, approximately 34.06 acres (Case ZON22-44930) (Quasi-Judicial) 12. Internal Auditor's Report 13. City Manager's Report 14. Police and Fire Department Report 15. Mayor's Report 16. City Attorney's Report 17. Informational Items a. Calendaring Items b. Comments by Mayor c. Comments by Council Members d. Informational 17d1. Power Cost Adjustment Report - August 2022 17d2. Monthly Budget to Actual Report as of August 31, 2022 and Capital Improvement Project Status Report 17d3. Executed Contracts Under $50,000 17d4. Litigation concerning manufacturers and suppliers of firefighting foam products (known as “aqueous film forming form” or “AFFF”) and/or other products containing per- and polyfluoroalkyl substances (“PFAS”) 17d5. Status Report on American Humanist Association Inc., et al v. City of Ocala, et al. 18. Adjournment Page 4 of 4

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