City Council

City of Pensacola City Council Agenda - Final Thursday, March 9, 2017, 5:30 PM Council Chambers, 1st Floor ROLL CALL INVOCATION Rev. Franklin J. Gore, St. Paul Evangelical Lutheran Church PLEDGE OF ALLEGIANCE Council Member Andy Terhaar FIRST LEROY BOYD FORUM (Public comment upon any subject not on the agenda unless waived by a majority of the existing membership of Council.) PRESENTATION 1. 17-00140 PRESENTATION FROM FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) BRIEFING THE CITY COUNCIL ON THE FDOT PROJECT IN PENSACOLA - GREGORY STREET AND BAYRFRONT PARKWAY AT 17TH AVE INTERSECTION IMPROVEMENT PD&E STUDY. Recommendation: That City Council have a presentation at the March 9, 2017 City Council meeting from FDOT, briefing the City Council on the Gregory Street and Bayfront Parkway at 17th Ave intersection improvement PD&E Study. Sponsors: Brian Spencer Attachments: Pensacola 17th Ave Crowne Plaza Project Map FINAL FDOT PRESENTATION AWARDS APPROVAL OF MINUTES City of Pensacola Page 1 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 9, 2017 2. 17-00206 REGULAR MINUTES DATED FEBRUARY 9, 2017 Attachments: Draft Minutes - February 9, 2017 APPROVAL OF AGENDA CONSENT AGENDA 3. 16-00284 AWARD OF CONTRACT - BID #17-002 GABERONNE SWAMP STORMWATER PENSACOLA BAY WATERSHED IMPROVEMENTS - SPANISH TRAIL RETENTION POND PROJECT Recommendation: That City Council award a contract for construction of the Gaberonne Swamp Stormwater Pensacola Bay Watershed Improvements Spanish Trail Retention Pond Project to BKW, Inc., of Pensacola, Florida, the lowest and most responsible bidder with a base bid of $966,865.55 plus a 10% contingency of $96,686.56 for a total amount of $1,063,552.11. Sponsors: Ashton J. Hayward, III Attachments: Bid Tabulation, Bid No. 17-002 Final Vendor Reference List, Bid No. 17-002 Gaberonne Swamp Stormwater Pensacola Bay Watershed Improvements Spanish Trail Retention Pond P FDEP Grant Acceptance 2-13-14 4. 17-00054 AIRPORT - APPROVAL OF AMENDMENT NO. 4 TO THE LEASE AND OPERATING AGREEMENT WITH ECKO AIR LLC Recommendation: That City Council authorize the Mayor to execute Amendment No. 4 to the Lease and Operating Agreement between the City of Pensacola and ECKO Air LLC at the Pensacola International Airport. Further that City Council authorize the Mayor to take all necessary actions to execute Amendment No. 4. Sponsors: Ashton J. Hayward, III Attachments: Airport Amendment No. 4 - ECKO Air LLC 5. 17-00070 TRANSFER OF SURPLUS VEHICLES - GEORGE STONE TECHNICAL CENTER Recommendation: That City Council declare four (4) City Police Vehicles (Unit Numbers SO9006, S31906, S35406, and S82906 2006 Ford Crown Victoria marked patrol vehicles) surplus and authorize the transfer of these vehicles to George Stone Technical Center. Sponsors: Ashton J. Hayward, III City of Pensacola Page 2 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 9, 2017 6. 17-00163 APPOINTMENT - WEST FLORIDA PUBLIC LIBRARY BOARD OF GOVERNANCE Recommendation: That City Council appoint one individual, who is an elector of Escambia County, to the West Florida Public Library Board of Governance for a term of two years, expiring February 28, 2019. Sponsors: Brian Spencer Attachments: Application of Interest - David J. Bryant.pdf Resume - David J. Bryant.pdf Ballot.docx 7. 17-00187 ADDITIONAL APPOINTMENTS TO THE CLIMATE MITIGATION AND ADAPTATION TASK FORCE Recommendation: That City Council appoint Dr. Haris Alibasic and Ms. Carrie Stevenson to the Climate Mitigation and Adaptation Task Force. Sponsors: Sherri Myers Attachments: 2017 bio -- Carrie Stevenson Dr. Haris Alibasic - Bio 8. 17-00125 APPOINTMENT TO THE POLICE OFFICERS’ RETIREMENT FUND BOARD OF TRUSTEES Recommendation: That City Council ratify the appointment of Rodney Randle as the fifth member trustee of the Police Officers’ Retirement Fund. Sponsors: Ashton J. Hayward, III REGULAR AGENDA 9. 17-00107 FY 2016 COMPREHENSIVE ANNUAL FINANCIAL (CAFR) Recommendation: That City Council accept the City of Pensacola Comprehensive Annual Financial Report for the year ended September 30, 2016 as prepared by the Financial Services Department and the Independent Auditors Report issued thereupon. Sponsors: Ashton J. Hayward, III Attachments: FY2016 CAFR SAS 114 Auditor Letter Financial Condition Assessment PRESENTATION City of Pensacola Page 3 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 9, 2017 10. 17-00177 SIX-CENT LOCAL OPTION FUEL (GASOLINE) TAX SETTLEMENT Recommendation: That City Council authorize the Mayor to take all actions necessary to settle the Six-Cent Local Option Fuel (Gasoline) Tax Appeal with Escambia County. Sponsors: Ashton J. Hayward, III 11. 17-00189 MORATORIUM ON ENCUMBERING ANY FURTHER LOCAL OPTION SALES TAX (LOST) IV FUNDS Recommendation: That City Council place a moratorium on encumbering any further LOST IV funds until the City Council and the Mayor have set priorities for expenditures and/or projects for these funds. Sponsors: Jewel Cannada-Wynn 12. 17-00138 PRESENTATION FROM THE CHAIRMAN OF THE COMMUNITY MARITIME PARK ASSOCIATES (CMPA) Recommendation: That City Council request a presentation be given at the April 13, 2017 City Council meeting by the Chairman of the Board of Trustees of the CMPA to update the Council on the financial and maintenance aspects of the park as well as an update on the marketing of the private parcels within the park. Sponsors: Sherri Myers 13. 17-00190 REQUEST FOR LEGAL OPINION REGARDING ENFORCEMENT OF ANIMAL CONTROL ORDINANCES Recommendation: That City Council request a legal opinion from the City Attorney to the following question: Are Escambia County’s animal control ordinances enforceable within the City of Pensacola minus an interlocal agreement or an agreement of some type? Sponsors: Sherri Myers 14. 04-17 PROPOSED ORDINANCE NO. 04-17 - REPEALING SECTION 10-4-16(C) OF THE CITY CODE - INSTALLATION OF SERVICES Recommendation: That City Council adopt Proposed Ordinance No. 04-17 repealing Section 10-4-16(c) of the city code on second reading. AN ORDINANCE REPEALING SECTION 10-4-16(c) OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA, INSTALLATION OF SERVICES; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE Sponsors: Ashton J. Hayward, III, Sherri Myers Attachments: Proposed Ordinance No. 04-17 City of Pensacola Page 4 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 9, 2017 15. 17-00175 CREATION OF SECTION 8-1-28 OF THE CITY CODE - PROHIBITING SOLICITATION OF DONATIONS UPON PUBLIC SIDEWALKS AND RIGHTS-OF-WAY IN THE DOWNTOWN VISITORS’ DISTRICT Recommendation: That City Council adopt an ordinance creating Section 8-1-28 of the City Code - Prohibiting solicitation of donations upon public sidewalks and rights-of-way in the Downtown Visitors’ District. Sponsors: Ashton J. Hayward, III, Brian Spencer Attachments: Letter from John Peacock, DIB Chair, dated February 21, 2017 with Ordinance Boundary Map Attachme Proposed Ordinance EMAIL FROM CITY ATTORNEY PETITION FROM RESIDENT/PROPERTY OWNERS WITHIN ON PALAFOX PLACE 16. 09-17 PROPOSED ORDINANCE NO. 09-17 - CREATING SEC. 8-1-28 OF THE CITY CODE - PROHIBITING SOLICITATION OF DONATIONS UPON PUBLIC SIDEWALKS AND RIGHTS-OF-WAY IN THE DOWNTOWN VISITORS’ DISTRICT Recommendation: That City Council approve Proposed Ordinance No. 09-17 on first reading. AN ORDINANCE CREATING SECTION 8-1-28 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; DEFINING THE DOWNTOWN VISITORS’ DISTRICT AND REGULATING THE CONDUCT OF CITIZENS ON SIDEWALKS AND PUBLIC RIGHTS-OF-WAY THEREIN; PROVIDING DEFINITIONS; PROHIBITING SOLICITITATION OF DONATIONS; PROVIDING PENALTIES THEREFOR; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Sponsors: Ashton J. Hayward, III, Brian Spencer Attachments: Proposed Ordinance No. 09-17 Letter from John Peacock, DIB Chairman DIB Panhandling Ordinance Boundary Map 17. 17-00114 AMENDMENT TO CITY COUNCIL RULES AND PROCEDURES; SECTION 2.07 - CONSENT AGENDA Recommendation: That City Council amend Section 2.07 - Consent Agenda - of the City Council Rules and Procedures to allow the movement of items from the Regular Agenda to the Consent Agenda at the Agenda Conference. Sponsors: Brian Spencer Attachments: Proposed Amendment to Section 2.07 - City Council Rules and Procedures - Spencer City of Pensacola Page 5 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 9, 2017 18. 17-00186 BUDGET ANALYST TO THE CITY COUNCIL Recommendation: That City Council begin the process of hiring a Budget Analyst in accordance with Section 4.02(6) of the City Charter. Sponsors: Jewel Cannada-Wynn Attachments: Proposal--Budget Analyst Rev (002) Job Description--Budget Analyst City Attorney Opinion - Council Budget Analyst EMAIL TRANSMITTAL_ MAYORAL VETO 19. 17-00184 SCHEDULE A WORKSHOP REGARDING A PROPOSED ORDINANCE ESTABLISHING A BUSINESS LICENSING PROCESS FOR PERMITTING OF ALL RENTAL PROPERTY. Recommendation: That City Council schedule a workshop for June 2017 for the purpose of establishing an ordinance allowing for establishing a business licensing process for permitting of all rental property within the city limits. The Council also authorizes the Council staff to provide assistance in the research of this topic. Sponsors: Jewel Cannada-Wynn Attachments: STATEMENT FROM DIANNE ROBINSON 20. 17-00185 SCHEDULE WORKSHOP REGARDING THE REVIEW OF ORDINANCES AND POLICIES GOVERNING ABANDONED DWELLINGS, VACANT LOTS AND UNKEPT PROPERTIES. Recommendation: That City Council schedule a workshop for June 2017 to review all ordinances and policies that govern abandoned dwellings, vacant lots and unkempt properties within the city limits. The review would include state statues that protect the property rights of citizens. Sponsors: Jewel Cannada-Wynn 21. 17-00143 SOUTH PALAFOX RESIDENTIAL CONDOMINIUM BUILDING DEVELOPMENT PLAN Recommendation: That the City Council conceptually approve a proposed South Palafox residential condominium building development plan and authorize the Mayor to enter into negotiations for a long term lease for such development. Sponsors: Ashton J. Hayward, III Attachments: Proposed Building Site dated 2 February 2017 Proposed Building Plans dated 2 February 2017 City of Pensacola Page 6 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 9, 2017 22. 17-17 SUPPLEMENTAL BUDGET RESOLUTION NO. 17-17 - APPROPRIATING FUNDING FOR ADDITIONAL PARKING AT CHAPPIE JAMES PROJECT Recommendation: That City Council adopt Supplemental Budget Resolution No. 17-17 appropriating funding for additional parking at the General Daniel “Chappie” James Jr., Museum & Youth Flight Academy. A RESOLUTION AUTHORIZING AND MAKING REVISIONS AND APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017; PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Ashton J. Hayward, III Attachments: Supplemental Budget Resolution No. 17-17 Supplemental Budget Explanation No. 17-17 23. 17-00011 AWARD OF CONTRACT FOR INVITATION TO BID (ITB) #17-015 OSCEOLA CLUBHOUSE RENOVATION PROJECT Recommendation: That City Council award a contract to Joy Gordon Construction, LLC for ITB #17-015 Osceola Clubhouse, for $590,652.00 plus a 15% contingency of $88,597.80 for a total amount of $679,249.80. Further that City Council approve the supplemental budget resolution appropriating LOST IV funding for this project. Finally that City Council authorize the Mayor to execute all contracts, related documents, and take all related actions necessary to complete the project. Sponsors: Ashton J. Hayward, III Attachments: Tabulation Sheet Final Vendor Reference List Supplemental Budget Resolution Supplemental Budget Explanation City of Pensacola Page 7 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 9, 2017 24. 17-18 SUPPLEMENTAL BUDGET RESOLUTION NO. 17-18 - OSCEOLA CLUB HOUSE RENOVATION PROJECT Recommendation: That City Council adopt Supplemental Budget Resolution No. 17-18. A RESOLUTION AUTHORIZING AND MAKING REVISIONS AND APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017; PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Ashton J. Hayward, III Attachments: Supplemental Budget Resolution No. 17-18 Supplemental Budget Explanation No. 17-18 25. 05-17 PROPOSED ORDINANCE NO. 05-17 - AMENDMENT TO THE LAND DEVELOPMENT CODE - SECTION 12-2-10 - HISTORIC & PRESERVATION LAND USE DISTRICT, (A)(4) PROCEDURE FOR REVIEW Recommendation: That City Council approve proposed Ordinance No. 05-17 on second reading. AN ORDINANCE AMENDING SECTION 12-2-10 (A) (4) (f) OF THE CODE OF THE CITY OF PENSACOLA; AMENDING THE LAND DEVELOPMENT CODE, HISTORIC & PRESERVATION LAND USE DISTRICT; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE Sponsors: Brian Spencer Attachments: Proposed Ordinance No. 05-17 PROOF OF PUBLICATION - PNJ City of Pensacola Page 8 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 9, 2017 26. 06-17 PROPOSED ORDINANCE NO. 06-17 - PROPOSED AMENDMENT TO SECTION 12-2-8 (B) (1) OF THE LAND DEVELOPMENT CODE - ADDITION OF MEDICAL MARIJUANA DISPENSARY Recommendation: That City Council approve Proposed Ordinance No. 06-17 on second reading. AN ORDINANCE AMENDING SECTION 12-2-8 (B) (1) OF THE CODE OF THE CITY OF PENSACOLA; AMENDING THE LAND DEVELOPMENT CODE, ADDITION OF MEDICAL MARIJUANA DISPENSARY; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE Sponsors: Andy Terhaar Attachments: Proposed Ordinance No. 06-17 PROOF OF PUBLICATION - PNJ EMAIL EXPLAINING ELIMINATION OF RC ZONING 27. 07-17 PROPOSED ORDINANCE NO. 07-17 - PROPOSED AMENDMENT TO THE LAND DEVELOPMENT CODE - SECTION 12-14-1 DEFINITIONS - BUILDING HEIGHT Recommendation: That City Council adopt Proposed Ordinance No. 07-17 on second reading. AN ORDINANCE AMENDING SECTION 12-14-1 DEFINITIONS OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE. Sponsors: Ashton J. Hayward, III Attachments: Proposed Ordinance No. 07-17 PROOF OF PUBLICATION - PNJ City of Pensacola Page 9 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 9, 2017 28. 03-17 PROPOSED ORDINANCE NO. 03-17 - AMENDMENT TO SECTION 3-1-13, COUNCIL RESERVE (GENERAL FUND) OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA Recommendation: That City Council approve Proposed Ordinance No. 03-17 on second reading. AN ORDINANCE AMENDING SECTION 3-1-13 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; AMENDING THE COUNCIL RESERVE POLICY (GENERAL FUND); SEVERABILITY CLAUSE; REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Sponsors: Ashton J. Hayward, III Attachments: Proposed Ordinance No. 03-17 PROOF OF PUBLICATION - PNJ DISCUSSION 29. 17-00188 DISCUSSION OF REQUEST FOR LETTER OF SUPPORT FOR HB 6019 AND SB 214 REGARDING PRESERVATION OF ARCHAEOLOGICAL SITES. Recommendation: That City Council have a discussion regarding the submission of a letter of support for HB 6019 and SB 214 regarding the preservation of archeological sites. Sponsors: Brian Spencer Attachments: Pensacola_Res04_16 FAPAFAASt. Aug Talking Points for SB 214 and HB 6019final per glen (3) COUNCIL EXECUTIVE’S REPORT MAYOR’S COMMUNICATION COUNCIL COMMUNICATIONS CIVIC ANNOUNCEMENTS SECOND LEROY BOYD FORUM (Public comment upon any subject not on the agenda unless waived by a majority of the existing membership of Council.) ADJOURNMENT City of Pensacola Page 10 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 9, 2017 If any person decides to appeal any decision made with respect to any matter considered at such meeting, he will need a record of the proceedings, and that for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City of Pensacola adheres to the Americans with Disabilities Act and will make reasonable accommodations for access to City services, programs and activities. Please call 435-1606 (or TDD 435-1666) for further information. Request must be made at least 48 hours in advance of the event in order to allow the City time to provide the requested services. City of Pensacola Page 11 222 W. Main Street Pensacola, FL 32502