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City Council

Regular Meeting

Ocala, FL · March 21, 2023

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Minutes

110 SE Watula Avenue Ocala Ocala, FL 34471 City Council www.ocalafl.org Minutes Tuesday, March 21, 2023 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 Barry Mansfield Council Member Ire J. Bethea Sr Council Member Kristen M. Dreyer Council Member Jay A. Musleh Council President James P. Hilty Sr c. New Employees - Martin Hall - Information Technology - Skyler Nave - Electric Utility - Demetrius Bracey - Ocala Fiber Network - Justin Sanders - Ocala Fiber Network 2. Public Notice Public Notice for the March 21, 2023 City Council Regular Meeting was posted on February 6, 2023 3. Proclamations & Awards 3a. Developmental Disabilities Awareness Month Proclamation will be presented to Lucy Johnson, Transitions Life Center Executive Director, and to Meg Dickens, Transitions Life Center Program Manager Mayor Guinn presented a proclamation for Developmental Disabilities Awareness Month. The City proclaims March 2023, as Developmental Disabilities Awareness Month. Lucy Johnson, Transitions Life Center Executive Director, thanked the City for their support. 4. Presentations 4a. The Meals on Wheels Program through the National March for Meals Campaign will be presented by Marion Senior Services Executive Director Jennifer Martinez Page 1 of 15 City Council Minutes March 21, 2023 Glenda Thomas, Marion Senior Services Outreach and Nutrition Director, spoke on the organization’s history, outreach efforts and elderly support. The Meals on Wheels program has been a great success in the community, and the organization appreciates the City’s continued support. Jennifer Martinez, Marion Senior Services Executive Director, thanked the City for their support. 4b. Lucy Johnson, Transitions Life Center Executive Director, will give a presentation of services offered for Marion County residents with intellectual/developmental disabilities Lucy Johnson, Transitions Life Center Executive Director, discussed the Transitions Life Center’s mission in the community. She provided a brief overview of the following: services for individuals with intellectual/developmental disabilities, challenges, and progress in the community. The organization appreciates the City’s continued support. Ocala Police Departments Accreditation Award Recognition Mayor Guinn recognized the Ocala Police Department for receiving an Accreditation Award. This award recognizes the Ocala Police Department for earning 15 consecutive years of certifications resulting in Excelsior designation. Police Chief Balken thanked the City and community for their support. 5. Public Comments Brian Creekbaum, 103 NE 31st Terrace, commented on animal control services Brian Creekbaum, 103 NE 31st Terrace, commented on animal control services poor response times. He expressed concern allowing the County to continue providing animal control services in the City. 6. Public Hearings 6a. Adopt Ordinance 2023-41 concerning a rezoning to PD, Planned Development for properties located on the east side of SW 60th Avenue (Parcels 23817-002-00 and 23817-002-02), between SW 31st Street and SW 38th Street, approximately 61.4 acres (Case PD22-44929) (Quasi-Judicial) Introduced By: Barry Mansfield City Attorney Sexton reviewed procedures for quasi-judicial public hearings. Council President Hilty opened public hearings for items 6a and 6b. Planning Director Patricia Hitchcock commented the items before Council are a rezoning and resolution. The property is adjacent to the Timberwood community. She provided a brief overview of the following: property history, executed agreements, transmittal hearing, and site plan. The City added several conditions, such as a traffic study, and Page 2 of 15 City Council Minutes March 21, 2023 height restrictions. The Planning & Zoning Commission recommended approval in February 2023; and the traffic study methodology was approved by the City. She clarified changes submitted by the applicant; and staff recommends approval. Fred Roberts, 40 SE 11th Avenue, provided a brief overview of the following: project history, compliance with Text Policy conditions, site plan, and PD standards. The City approved the traffic study methodology, and the study is underway. A detailed access management plan is shown on the PD Plan, and the plan has been coordinated with the City and Marion County. Furthermore, access is prohibited on 31st Street; and no habitable multifamily buildings will be located within the 100-foot height setback. Amber Gardner, Licensed Professional Engineer with Kimley Horn, 1700 SE 17th Street, provided a brief overview of traffic trips, and site access circulation. Retail is estimated to generate 17,440 daily trips with 1,660 PM peak hour trips. The mixed-use project is estimated to generate less traffic (8,122 trips with 512 PM peak hour trips). Furthermore, she clarified the proposed access points on the site plan. To note, the traffic methodology was approved by the City on February 14, 2023. Daniel Sivilich, 3575 SW 51st Terrace, spoke in opposition of the proposed development project. He expressed concern regarding the following: traffic impacts, proposed egress points, increased density, traffic methodology, and pedestrian safety. He requested Council reduce the number of units. Michelle Sivilich, Timberwood Association Consultant, 745 NW 70th, spoke in opposition of the proposed development project. She expressed concern regarding the following: traffic impacts, increased density, and increased crime. She recommended the City install a traffic light on N 60th to avoid traffic in the Timber Wood neighborhood. Furthermore, she requested Council thoroughly review the proposed development plan. Daniel Desorcie, 5841 SW 31st Street, spoke in opposition of the proposed development project. He requested Council consider a use that compliments the Ocala Airport. Jodene Smith, 5010 SW 36th Lane, spoke in opposition of the proposed development project. She expressed concern regarding no full site plan for the public to review. She requested Council limit the height to two-stories with a 35-foot maximum height. John Taylor, 3230 SW 56th Avenue, spoke in opposition of the proposed development project. He expressed concern regarding the following: no full site plan, no sidewalks, pedestrian safety, and no streetlights. Furthermore, he favors the proposed fence. Phil, SW 57th Court, Timberwood resident, spoke in opposition of the proposed development project. He expressed concern regarding the following: increased density, water/sewer management, wildlife protection, and school overcrowding. He asked if the City performed an EHP (Environmental & Historic Preservation study) and school study. Ryan Myer, 3600 SW 57nd, Timberwood resident, spoke in opposition of the proposed development project. He expressed concern regarding the following: pedestrian safety, Page 3 of 15 City Council Minutes March 21, 2023 traffic impacts, no full site plan, wildlife protection, and building height. Ms. Gardner addressed traffic concerns from the public. She clarified how traffic generations are determined, and data collection. The trip distribution used in the traffic study is considered an industry standard. Furthermore, the access plan alleviates congestion on 60th Avenue and 38th Street. To note, the County commissioned a preliminary engineering study and design to widen the roadway for 38th Street. Mr. Roberts clarified low intensity and land uses. The proposed project is compatible with surrounding uses and contributes to developmental growth. He provided a brief overview of the following: site plan elements, PD standards, buffer, and fence design. Furthermore, the project will not cause traffic in the Timberwood neighborhood, and a traffic light is not needed for 31st. He noted they will support roadway changes initiated by the County. Council President Hilty asked if endangered species studies have been performed. Mr. Roberts responded a TE (Threatened & Endangered Species) study will be conducted. Council President Hilty expressed concern regarding traffic impacts from surrounding development projects; however, he supports the proposed development project. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Barry Mansfield SECONDER: Ire J. Bethea Sr AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 6b. Adopt Resolution 2023-19 concerning a PD, Planned Development, located on the east side of SW 60th Avenue, between SW 31st Street and SW 38th Street (23817-002-00) (23817-002-02) (PD22-44929) (Quasi-Judicial) There being no discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Barry Mansfield SECONDER: Ire J. Bethea Sr AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 6c. Adopt Resolution 2023-20 to allow Infinite Ale Works to extend its license for beer and wine onto SW Third Street (SW First Avenue to South Magnolia Avenue) for a fundraiser sponsored by the Junior League of Ocala (“Pints for Parks”) on Saturday, April 15, 2023, from 2 p.m. to 6 p.m. City Projects Director Tye Chighizola commented Infinite Ale Works is requesting to extend its alcohol license for a fundraiser event. The City has not received any complaints from past events; and staff recommends approval. Page 4 of 15 City Council Minutes March 21, 2023 There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Jay A. Musleh SECONDER: Kristen M. Dreyer AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 6d. Adopt Resolution 2023-21 to allow the Marion County Builders’ Association to temporarily permit the consumption of beer and wine on SE Osceola Ave (SE Osceola Ave from south of SE Broadway St to Citizen Circle and on E Fort King St from west of the parking garage entrance to SE First Ave) for a fundraiser sponsored by the Marion County Builders’ Association (“King of the Wing”) on Tuesday, March 28, 2023, from 5 to 8 p.m. City Projects Director Tye Chighizola commented the Marion County Builders’ Association is requesting a temporarily alcohol permit for a fundraiser event. The association is hosting their second event in the City; and staff recommends approval. Council Member Mansfield invited Council to attend the event. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Ire J. Bethea Sr SECONDER: Kristen M. Dreyer AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 6e. Approve the sale of beer and wine for off-premises consumption for Family Dollar Stores of Florida, LLC d/b/a Family Dollar #0766 located at 2614 NE 14th Street (Quasi-Judicial) City Projects Director Tye Chighizola commented items 6e and 6f are related. The two Family Dollar Stores locations are requesting to sell alcohol; and staff recommends approval. He noted the two locations previously chose not to proceed with an alcohol license 10-years ago. Council Member Dreyer asked why the applicants are choosing to apply for an alcohol license now. Mr. Chighizola stated the City was previously trying to limit alcohol in the area; however, the applicants have the right to submit an application. Council Member Dreyer stated she favors approving item 6e due to its location. She expressed concern approving item 6f. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED Page 5 of 15 City Council Minutes March 21, 2023 MOVER: Barry Mansfield SECONDER: Jay A. Musleh AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 6f. Approve the sale of beer and wine for off-premise consumption for Family Dollar Stores of Florida, LLC d/b/a Family Dollar #10279 located at 990 NW 15th Ave (Quasi-Judicial) City Projects Director Tye Chighizola provided a brief overview of the property’s history. To note, the Dollar General store was approved to sell alcohol to the west of Howard Middle School. Council Member Dreyer stated she will be voting no, due to the location being in close proximity to a school. She noted the Dollar General is not located within the 500-foot radius. There being no further discussion the motion was denied by roll call vote. RESULT: DENIED MOVER: Ire J. Bethea Sr SECONDER: Kristen M. Dreyer AYE: Mansfield, and Musleh NAY: Bethea Sr, Dreyer, and Hilty Sr 6g. Approve the sale of beer and wine for on-premise consumption for Jonya Group, LLC d/b/a Meeple Movers located at 3101 SW 34th Ave #803 (Quasi-Judicial) City Projects Director Tye Chighizola commented staff recommends approving the new location. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Ire J. Bethea Sr AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 6h. Adopt Ordinance 2023-33 to change the Future Land Use Designation from Public to Medium Intensity/Special District, for property located on the south side of NW 35th Street in the 2100-2400 block (currently a water retention area); approximately 5.83 acres. (LUC22-45057) (Postponed from the February 21, 2023, City Council meeting - Request to Withdraw Ordinance 2023-33) Introduced By: Ire J. Bethea Sr Motion to withdraw items 6h, 6i, 6j, and 6k from consideration. City Attorney Sexton advised Council to withdraw items 6h to 6k, due to procedural issues related to the underlying zoning. Page 6 of 15 City Council Minutes March 21, 2023 RESULT: WITHDRAWN MOVER: Jay A. Musleh SECONDER: Ire J. Bethea Sr AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 6i. Adopt Ordinance 2023-34 concerning a rezoning from GU, Government Use, to PD, Planned Development, for property located on the south side of NW 35th Street in the 2100-2400 block (currently a water retention area), approximately 5.83 acres (PD22-44861) (Quasi-Judicial) (Postponed from the February 21, 2023, City Council meeting - Request to Withdraw Ordinance 2023-34) Introduced By: Jay A. Musleh RESULT: WITHDRAWN 6j. Adopt Resolution 2023-17 concerning a PD, Planned Development, located on the south side of NW 35th Street in the 2100-2400 block (currently a water retention area), approximately 5.83 acres; and to amend the previously approved West Oak Planned Development (PD) plan for property (former Pine Oaks Golf Course) located south of NW 35th Street, east of NW 27th Avenue, north of NW 21st Street and west of CSX railroad, approximately 220.23 acres (PD22-44861) (Quasi-Judicial) (Postponed from the February 21, 2023, City Council meeting - Request to Withdraw Resolution 2023-17) RESULT: WITHDRAWN 6k. Approve a Concurrency Development Agreement (CDA22-45035) to address capacity reservation and proportionate share contributions for required traffic improvements identified in the traffic study for the West Oak Planned Development located south of NW 35th Street, east of NW 27th Avenue, north of NW 21st Street and west of CSX railroad, approximately 213.2 acres (This is the second of two public hearings. The first public hearing was held on January 9, 2023, with the Ocala Planning and Zoning Commission. The second public hearing was postponed at the February 21, 2023, City Council meeting -- Request to Withdraw CDA22-45035) RESULT: WITHDRAWN 6l. Request to waive the one-year waiting period as required by Section 122-134 to allow resubmittal of the West Ocala PD Rezoning/Plan Planning Director Patricia Hitchcock requested Council waive the one-year waiting period to reinitiate the rezoning of the West Oak PD. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Ire J. Bethea Sr SECONDER: Kristen M. Dreyer AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr Page 7 of 15 City Council Minutes March 21, 2023 6f. Deny the sale of beer and wine for off-premise consumption for Family Dollar Stores of Florida, LLC d/b/a Family Dollar #10279 located at 990 NW 15th Ave (Quasi-Judicial) due to proximity to schools and churches, Sec. 6-33(c)(1) Council Member Dreyer stated she is motioning to deny the application due to item 1. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Ire J. Bethea Sr AYE: Bethea Sr, Dreyer, and Hilty Sr NAY: Mansfield, and Musleh 7. Second and Final Reading of Ordinances (All are Public Hearings) 7a. Adopt Ordinance 2023-38 annexing property located at 3137 NE Jacksonville Road along with the parcel located directly to the south, approximately 1.67 acres (ANX22-45056) (Quasi-Judicial) Introduced By: Jay A. Musleh City Attorney Sexton noted items 7a, 7b, and 7c are related. Growth Management Director Jeff Shrum commented the applicant is proposing the following: annexation, land use designation, and rezoning. The applicant’s requests are consistent with the Comprehensive Plan Land Development Code. Furthermore, the Planning & Zoning Commission and staff recommend approval. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Jay A. Musleh SECONDER: Kristen M. Dreyer AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 7b. Adopt Ordinance 2023-39 amending a future land use designation from Commercial (County) to Neighborhood (City) for property located at 3137 NE Jacksonville Road along with the parcel located directly to the south, approximately 1.67 acres (LUC22-45067) Introduced By: Ire J. Bethea Sr There being no discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Ire J. Bethea Sr Page 8 of 15 City Council Minutes March 21, 2023 SECONDER: Kristen M. Dreyer AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 7c. Adopt Ordinance 2023-40 concerning a rezoning from B-2, Community Business (County) and B-5, Heavy Business (County), to R-3, Multi-Family (City), for property located at 3137 NE Jacksonville Road along with the parcel located directly to the south, approximately 1.67 acres (ZON22-45068) (Quasi-Judicial) Introduced By: Barry Mansfield There being no discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Barry Mansfield SECONDER: Kristen M. Dreyer AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 7d. Adopt Ordinance 2023-42 to rezone from B-2, Community Business, to INST, Institutional, for property located at 1820, 1858, and 1914 SW 27th Avenue, approximately 4.93 acres (Case ZON23-45070) (Quasi-Judicial) Introduced By: Kristen M. Dreyer Growth Management Director Jeff Shrum commented the applicant is requesting to change the zoning from B-2 (Community Business) to INST (Institutional), to develop a physical rehabilitation hospital. The Planning & Zoning Commission and staff recommend approval. There being no further discussion the motion carried by roll call vote. RESULT: ADOPTED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8. General Business 8a. Approve the purchase of S&C Electric’s TripSaver II and Eaton’s Nova Triple-Single reclosers in the estimated amount of $220,000 Council President Hilty requested more information regarding the devices. Director of Electric Utility Doug Peebles responded the devices are used to mitigate line outages. Mr. Peebles clarified line fusing with Council Member Bethea. Council Member Dreyer asked what the life span is of the device. Mr. Peebles responded he does not know; however, the new device technology has greatly benefited the City. There being no further discussion the motion carried by roll call vote. Page 9 of 15 City Council Minutes March 21, 2023 RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Ire J. Bethea Sr AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8b. Approve award of a two-year contract with Carmeuse Lime & Stone, Inc., for the supply and delivery of quicklime with an aggregate expenditure not to exceed $2,287,818 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Ire J. Bethea Sr SECONDER: Jay A. Musleh AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8c. Approve award of a two-year contract with American Pipe & Tank, Inc., for the provision of wastewater tanker services with an aggregate expenditure not to exceed $100,000 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8d. Approve the award of a contract to Blackwater Construction Services, LLC. for the construction of the Wetland Open Pavilion Project in the amount of $447,317, plus 9% contingency of $40,259, for a total expenditure not to exceed $487,576 Council Member Musleh asked what the City is building. City Engineer & Director of Water resources Sean Lanier responded the City plans on building an open air pavilion. Council Member Mansfield asked if the City holds the contingency. Mr. Lanier responded yes; the City holds a 9% contingency. There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Jay A. Musleh AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8e. Approve a Developer’s Agreement between the City of Ocala and the School Board of Marion County for the design and construction of a water main extension on NE 35th Street totaling $255,090 There being no discussion the motion carried by roll call vote. Page 10 of 15 City Council Minutes March 21, 2023 RESULT: APPROVED MOVER: Jay A. Musleh SECONDER: Kristen M. Dreyer AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8f. Approve a two-year contract with Airgas USA, LLC, for the provision of liquid carbon dioxide supply and delivery services with an estimated aggregate expenditure amount of $235,200 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Ire J. Bethea Sr SECONDER: Jay A. Musleh AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8g. Approve a three-year contract with PMA Management Corp. for third-party liability claims management services in the amount of $802,239 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Jay A. Musleh AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8h. Approve the purchase of additional LIFEPAK defibrillators from Stryker Sales Corporation using Federal Emergency Management Agency grant funds resulting in an additional contract expenditure of $388,342 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Ire J. Bethea Sr SECONDER: Kristen M. Dreyer AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 8i. Approve a three-year airport hangar lease renewal with the Florida Department of Agriculture & Consumer Services with a receivable amount of $155,336 There being no discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Kristen M. Dreyer SECONDER: Barry Mansfield AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 9. Consent Agenda Page 11 of 15 City Council Minutes March 21, 2023 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: Ire J. Bethea Sr SECONDER: Kristen M. Dreyer AYE: Mansfield, Bethea Sr, Dreyer, Musleh, and Hilty Sr 9a. Accept a grant agreement with the Florida Department of Law Enforcement for the purchase of equipment for community outreach purposes in the amount of $25,100 9b. Adopt Budget Resolution 2023-129 to appropriate grant funds from the Florida Department of Law Enforcement for the purchase of equipment for community outreach purposes in the amount of $25,100 9c. Approve Amendment No. 1 to Agreement No. LPS0025 between the Florida Department of Environmental Protection and City of Ocala for the Foxwood Farms Water Quality Improvement Project 9d. Approve the release of a Blanket Electric Easement granted by Armstrong Land, LLC 9e. Approve the release of a Blanket Electric Easement granted to the City of Ocala by Mark III Industries, Inc 9f. Approve the release of a Blanket Electric Easement granted by Cal Hearthstone Lot Option Pool 01, LP 9g. Approve the Partial Release of an Electric Easement granted by L.C. Stevenson 9h. Approve the release of Temporary Construction Easements granted by Bayi, LLC 9i. Outside Counsel Invoices – February, 2023 9j. Approve appointment of Brady Fritz and Antoinette Hunt to the West Ocala Redevelopment Advisory Committee 9k. Approve Regular Meeting City Council Minutes from March 7, 2023 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 - April 4, 2023) 11a. Introduce Ordinance 2023-43 amending Chapter 34, Article IX, Section 34-201 concerning litter Introduced By: Barry Mansfield 12. Internal Auditor's Report - None 13. City Manager's Report Page 12 of 15 City Council Minutes March 21, 2023 13a. Update on Animal Control City Manager Pete Lee reported the City met with the County last week. Currently, the County is reviewing the document, and will submit comments next week. The City plans on presenting an ordinance in April. 13b. Update on Fire Fee Refund Payments Director of Finance Emory Roberts reported the City has issued over 67,000 checks, cleared $55 million, and uncashed $9 million. Council Member Musleh asked what the duration is for an uncashed check. Mr. Roberts responded six months. Council Member Musleh asked how many checks are hitting the 6-month expiration date. City Manager Pete Lee responded he will report back to Council. Mr. Roberts noted the public has until July 1st to submit a claim. Furthermore, the Common Fund with the reserve totals $8.75 million. He clarified the check issuing process with Council. Council President Hilty asked if the checks state they expire in six months. Mr. Roberts responded yes. 13c. Update on Council Strategic Planning Session City Manager Pete Lee commented the Strategic Planning Session is scheduled on Tuesday, April 11, 2023, from 8:00 am to 2:00 pm. Introduction of new CFO, Janice Mitchell City Manager Pete Lee introduced new CFO, Janice Mitchell. Vehicle noise complaint letter from Randy Leach City Manager Pete Lee commented the City received a letter from Randy Leach regarding vehicle noise on State Road 200. Mr. Leach requested Council take action to remedy the noise matter. To note, the City has received several noise complaints for areas around the City. Police Chief Balken reported the department reached out to Mr. Leach to address the concern. Currently, the department does not have the manpower to staff the traffic unit. Council Member Dreyer requested more information regarding the department’s enforcement of the noise ordinance for vehicles. Police Chief Balken responded the department enforces State Statutes. Council President Hilty asked if the department uses equipment to measure noise. Police Chief Balken responded the State Statutes prohibit the public from modifying their exhaust system to Page 13 of 15 City Council Minutes March 21, 2023 increase noise. Council President Hilty asked if the department has received noise complaints for O'Calahan's Pub & Eatery regarding outdoor band noise. Police Chief Balken responded no; the department has not received any noise complaints; however, the department receives noise complaints regarding fireworks at the Symphony. 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 February 20, 2023 to March 5, 2023. The Police Departments Opioid response efforts 7, overdose deaths 1, Narcan leave behind 2, and Amnesty participation 3. Furthermore, the Police Department is working with Federal partners to combat illegal drugs in the City. Council Member Dreyer asked if the department is aware of the fentanyl tranquilizer. Police Chief Balken responded yes; the drug unit is working hard to combat illegal drugs in the City. Deputy Fire Chief Richard Lietz - Public Safety Opioid Response Efforts & Community Paramedicine Deputy Fire Chief Lietz discussed the public safety Opioid response efforts and community paramedicine program. The overdose response efforts 2, overdose deaths 0, and Narcan leave behind 0. Year to date, 439 OD2A Program participants, 247 community paramedicine graduates, 7 Narcan trainees, and 6,727 calls for service. 15. Mayor's Report Field house repair at Booster Stadium meeting scheduled on Friday, March 31, 2023 Mayor Guinn commented the School Board will be meeting to discuss Booster Stadium the field house repairs on Friday, March 31, 2023. The community is greatly interested in supporting the renovation project. 16. City Attorney's Report - None 17. Informational Items 17a. Calendaring Items - Golf Cart Map Expansion Public Meetings - Thursday, March 30 at Noon and 5:30pm at Florida Institute for Human & Machine Cognition (IHMC), 15 SE Osceola Ave. 17b. Comments by Mayor Mayor Guinn commented on item 6g Mayor Guinn requested clarification regarding the service calls for Jonya Group, LLC. Planning Director Patricia Hitchcock explained the report for services includes all businesses listed at the Page 14 of 15 City Council Minutes March 21, 2023 center. She noted the City issues a one-year probation period for new licenses. Council Member Dreyer asked if the City can retrieve the applicant's emergency services history at their previous location. Planning Director Patricia Hitchcock responded yes. 17c. Comments by Council Members 17d. Informational 17d1. Executed Contracts Under $50,000 18. Adjournment Adjourned at 6:53 pm. Minutes _______________________________ ________________________________ James P. Hilty Sr. Angel B. Jacobs Council President City Clerk Page 15 of 15

Agenda

Ocala City Council Agenda - Final Tuesday, March 21, 2023 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 James P. Hilty Sr., Council President turned off or set to vibrate. Barry Mansfield, Pro Tem Ire Bethea Sr. The order of agenda items may be changed if deemed Kristen Dreyer 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 Priority 2: Fiscally sustainable 352-629-8401 at least 48 hours in advance so arrangements can Priority 3: Engaged workforce be made. Priority 4: Operational excellence Priority 5: Quality of place City Council Agenda - Final March 21, 2023 a. Opening Ceremony 1. Invocation 2. Pledge of Allegiance b. Welcome and Roll Call c. New Employees - Martin Hall - Information Technology - Skyler Nave - Electric Utility - Demetrius Bracey - Ocala Fiber Network - Justin Sanders - Ocala Fiber Network 2. Public Notice 3. Proclamations & Awards 3a. Developmental Disabilities Awareness Month Proclamation will be presented to Lucy Johnson, Transitions Life Center Executive Director, and to Meg Dickens, Transitions Life Center Program Manager 4. Presentations 4a. The Meals on Wheels Program through the National March for Meals Campaign will be presented by Marion Senior Services Executive Director Jennifer Martinez 4b. Lucy Johnson, Transitions Life Center Executive Director, will give a presentation of services offered for Marion County residents with intellectual/developmental disabilities 5. Public Comments 6. Public Hearings 6a. Adopt Ordinance 2023-41 concerning a rezoning to PD, Planned Development for properties located on the east side of SW 60th Avenue (Parcels 23817-002-00 and 23817-002-02), between SW 31st Street and SW 38th Street, approximately 61.4 acres (Case PD22-44929) (Quasi-Judicial) Presentation By: Patricia Hitchcock Introduced by: Barry Mansfield 6b. Adopt Resolution 2023-19 concerning a PD, Planned Development, RES-2023-19 located on the east side of SW 60th Avenue, between SW 31st Street and SW 38th Street (23817-002-00) (23817-002-02) (PD22-44929) (Quasi-Judicial) Presentation By: Patricia Hitchcock Page 1 of 7 City Council Agenda - Final March 21, 2023 6c. Adopt Resolution 2023-20 to allow Infinite Ale Works to extend its RES-2023-20 license for beer and wine onto SW Third Street (SW First Avenue to South Magnolia Avenue) for a fundraiser sponsored by the Junior League of Ocala (“Pints for Parks”) on Saturday, April 15, 2023, from 2 p.m. to 6 p.m. Presentation By: Tye Chighizola 6d. Adopt Resolution 2023-21 to allow the Marion County Builders’ RES-2023-21 Association to temporarily permit the consumption of beer and wine on SE Osceola Ave (SE Osceola Ave from south of SE Broadway St to Citizen Circle and on E Fort King St from west of the parking garage entrance to SE First Ave) for a fundraiser sponsored by the Marion County Builders’ Association (“King of the Wing”) on Tuesday, March 28, 2023, from 5 to 8 p.m. Presentation By: Tye Chighizola 6e. Approve the sale of beer and wine for off-premises consumption for Family Dollar Stores of Florida, LLC d/b/a Family Dollar #0766 located at 2614 NE 14th Street (Quasi-Judicial) Presentation By: Tye Chighizola 6f. Approve the sale of beer and wine for off-premise consumption for Family Dollar Stores of Florida, LLC d/b/a Family Dollar #10279 located at 990 NW 15th Ave (Quasi-Judicial) Presentation By: Tye Chighizola 6g. Approve the sale of beer and wine for on-premise consumption for Jonya Group, LLC d/b/a Meeple Movers located at 3101 SW 34th Ave #803 (Quasi-Judicial) Presentation By: Tye Chighizola 6h. Adopt Ordinance 2023-33 to change the Future Land Use Designation from Public to Medium Intensity/Special District, for property located on the south side of NW 35th Street in the 2100-2400 block (currently a water retention area); approximately 5.83 acres. (LUC22-45057) (Postponed from the February 21, 2023, City Council meeting - Request to Withdraw Ordinance 2023-33) Presentation By: Patricia Hitchcock Introduced by: Ire J. Bethea Sr Page 2 of 7 City Council Agenda - Final March 21, 2023 6i. Adopt Ordinance 2023-34 concerning a rezoning from GU, Government Use, to PD, Planned Development, for property located on the south side of NW 35th Street in the 2100-2400 block (currently a water retention area), approximately 5.83 acres (PD22-44861) (Quasi-Judicial) (Postponed from the February 21, 2023, City Council meeting - Request to Withdraw Ordinance 2023-34) Presentation By: Patricia Hitchcock Introduced by: Jay A. Musleh 6j. Adopt Resolution 2023-17 concerning a PD, Planned Development, located on the south side of NW 35th Street in the 2100-2400 block (currently a water retention area), approximately 5.83 acres; and to amend the previously approved West Oak Planned Development (PD) plan for property (former Pine Oaks Golf Course) located south of NW 35th Street, east of NW 27th Avenue, north of NW 21st Street and west of CSX railroad, approximately 220.23 acres (PD22-44861) (Quasi-Judicial) (Postponed from the February 21, 2023, City Council meeting - Request to Withdraw Resolution 2023-17) Presentation By: Patricia Hitchcock 6k. Approve a Concurrency Development Agreement (CDA22-45035) to address capacity reservation and proportionate share contributions for required traffic improvements identified in the traffic study for the West Oak Planned Development located south of NW 35th Street, east of NW 27th Avenue, north of NW 21st Street and west of CSX railroad, approximately 213.2 acres (This is the second of two public hearings. The first public hearing was held on January 9, 2023, with the Ocala Planning and Zoning Commission. The second public hearing was postponed at the February 21, 2023, City Council meeting -- Request to Withdraw CDA22-45035) Presentation By: Patricia Hitchcock 6l. Request to waive the one-year waiting period as required by Section 122-134 to allow resubmittal of the West Ocala PD Rezoning/Plan Presentation By: Patricia Hitchcock 7. Second and Final Reading of Ordinances (All are Public Hearings) Page 3 of 7 City Council Agenda - Final March 21, 2023 7a. Adopt Ordinance 2023-38 annexing property located at 3137 NE Jacksonville Road along with the parcel located directly to the south, approximately 1.67 acres (ANX22-45056) (Quasi-Judicial) Presentation By: Jeff Shrum Introduced by: Jay A. Musleh 7b. Adopt Ordinance 2023-39 amending a future land use designation from Commercial (County) to Neighborhood (City) for property located at 3137 NE Jacksonville Road along with the parcel located directly to the south, approximately 1.67 acres (LUC22-45067) Presentation By: Jeff Shrum Introduced by: Ire J. Bethea Sr 7c. Adopt Ordinance 2023-40 concerning a rezoning from B-2, Community Business (County) and B-5, Heavy Business (County), to R-3, Multi-Family (City), for property located at 3137 NE Jacksonville Road along with the parcel located directly to the south, approximately 1.67 acres (ZON22-45068) (Quasi-Judicial) Presentation By: Jeff Shrum Introduced by: Barry Mansfield 7d. Adopt Ordinance 2023-42 to rezone from B-2, Community Business, to INST, Institutional, for property located at 1820, 1858, and 1914 SW 27th Avenue, approximately 4.93 acres (Case ZON23-45070) (Quasi-Judicial) Presentation By: Jeff Shrum Introduced by: Kristen M. Dreyer 8. General Business 8a. Approve the purchase of S&C Electric’s TripSaver II and Eaton’s Nova Triple-Single reclosers in the estimated amount of $220,000 Presentation By: Doug Peebles 8b. Approve award of a two-year contract with Carmeuse Lime & Stone, Inc., for the supply and delivery of quicklime with an aggregate expenditure not to exceed $2,287,818 Presentation By: Sean Lanier 8c. Approve award of a two-year contract with American Pipe & Tank, Inc., for the provision of wastewater tanker services with an aggregate expenditure not to exceed $100,000 Presentation By: Sean Lanier Page 4 of 7 City Council Agenda - Final March 21, 2023 8d. Approve the award of a contract to Blackwater Construction Services, LLC. for the construction of the Wetland Open Pavilion Project in the amount of $447,317, plus 9% contingency of $40,259, for a total expenditure not to exceed $487,576 Presentation By: Sean Lanier 8e. Approve a Developer’s Agreement between the City of Ocala and the School Board of Marion County for the design and construction of a water main extension on NE 35th Street totaling $255,090 Presentation By: Sean Lanier 8f. Approve a two-year contract with Airgas USA, LLC, for the provision of liquid carbon dioxide supply and delivery services with an estimated aggregate expenditure amount of $235,200 Presentation By: Sean Lanier 8g. Approve a three-year contract with PMA Management Corp. for third-party liability claims management services in the amount of $802,239 Presentation By: Devan Kikendall 8h. Approve the purchase of additional LIFEPAK defibrillators from Stryker Sales Corporation using Federal Emergency Management Agency grant funds resulting in an additional contract expenditure of $388,342 Presentation By: Richard Lietz 8i. Approve a three-year airport hangar lease renewal with the Florida Department of Agriculture & Consumer Services with a receivable amount of $155,336 Presentation By: Matthew Grow 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. Accept a grant agreement with the Florida Department of Law Enforcement for the purchase of equipment for community outreach purposes in the amount of $25,100 Presentation By: Michael Balken Page 5 of 7 City Council Agenda - Final March 21, 2023 9b. Adopt Budget Resolution 2023-129 to appropriate grant funds from BR-2023-129 the Florida Department of Law Enforcement for the purchase of equipment for community outreach purposes in the amount of $25,100 Presentation By: Tammi Haslam 9c. Approve Amendment No. 1 to Agreement No. LPS0025 between the Florida Department of Environmental Protection and City of Ocala for the Foxwood Farms Water Quality Improvement Project Presentation By: Sean Lanier 9d. Approve the release of a Blanket Electric Easement granted by Armstrong Land, LLC Presentation By: Tracy Taylor 9e. Approve the release of a Blanket Electric Easement granted to the City of Ocala by Mark III Industries, Inc Presentation By: Tracy Taylor 9f. Approve the release of a Blanket Electric Easement granted by Cal Hearthstone Lot Option Pool 01, LP Presentation By: Tracy Taylor 9g. Approve the Partial Release of an Electric Easement granted by L.C. Stevenson Presentation By: Tracy Taylor 9h. Approve the release of Temporary Construction Easements granted by Bayi, LLC Presentation By: Tracy Taylor 9i. Outside Counsel Invoices – February, 2023 Presentation By: William E. Sexton 9j. Approve appointment of Brady Fritz and Antoinette Hunt to the West Ocala Redevelopment Advisory Committee Presentation By: Aubrey Hale 9k. Approve Regular Meeting City Council Minutes from March 7, 2023 Presentation By: Angel Jacobs 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 - April 4, 2023) Page 6 of 7 City Council Agenda - Final March 21, 2023 11a. Introduce Ordinance 2023-43 amending Chapter 34, Article IX, ORD-2023-43 Section 34-201 concerning litter 12. Internal Auditor's Report - None 13. City Manager's Report 13a. Update on Animal Control 13b. Update on Fire Fee Refund Payments 13c. Update on Council Strategic Planning Session 14. Police and Fire Department Report 15. Mayor's Report 16. City Attorney's Report 17. Informational Items 17a. Calendaring Items - Golf Cart Map Expansion Public Meetings - Thursday, March 30 at Noon and 5:30pm at Florida Institute for Human & Machine Cognition (IHMC), 15 SE Osceola Ave. 17b. Comments by Mayor 17c. Comments by Council Members 17d. Informational 17d1. Executed Contracts Under $50,000 18. Adjournment Page 7 of 7

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