City Council

City of Pensacola City Council Agenda - Final Thursday, April 13, 2017, 5:30 PM Council Chambers, 1st Floor ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE Council Member Gerald Wingate FIRST LEROY BOYD FORUM PRESENTATION 1. 17-00240 PRESENTATION FROM THE CHAIRMAN OF THE BOARD OF TRUSTEES- COMMUNITY MARITIME PARK ASSOCIATES (CMPA) Recommendation: Presentation from CMPA Board of Trustees Chairman to be given at the April 13, 2017 City Council Meeting; updating 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 Attachments: CMPA Chairman Presentation AWARDS APPROVAL OF MINUTES 2. 17-00264 APPROVAL OF REGULAR MEETING MINUTES DATED MARCH 9, 2017 Sponsors: Brian Spencer Attachments: Draft - Regular Minutes dated 4/13/16 APPROVAL OF AGENDA APPROVAL OF ADD-ON ITEM - AWARD OF CONTRACT FOR SALE OF 150 SOUTH BAYLEN STREET City of Pensacola Page 1 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final April 13, 2017 CONSENT AGENDA 3. 17-00012 AWARD OF CONTRACT - BID #17-006 BAYOU CHICO “R” STREET AT MAGGIE’S DITCH STORMWATER TREATMENT ENHANCEMENT PROJECT Recommendation: That City Council award a contract for construction of the Bayou Chico “R” Street at Maggie’s Ditch Stormwater Treatment Project to Williams Industrial & Marine, Inc., of Westville, Florida, the lowest and most responsible bidder with a base bid of $597,719.00, plus 10% contingency of $59,771.90 for a total amount of $657,490.90. Sponsors: Ashton J. Hayward, III Attachments: Bid Tabulation, Bid No. 17-006 Final Vendor Reference List, Bid No. 17-006 Map, Bayou Chico "R" Street at Maggie's Ditch Stormwater Treatment Enhancement Project Report of City Council Action - NFWF Grant – dated 10-8-15 4. 17-00221 AIRPORT - AWARD OF BID #17-018, PENSACOLA INTERNATIONAL AIRPORT FUEL FARM ROAD RECONSTRUCTION Recommendation: That City Council award Bid # 17-018, Pensacola International Airport Fuel Farm Road Reconstruction to J. Miller Construction, Inc., the lowest and most responsible bidder in the amount of $125,684.00 for roadway repairs as outlined in the bid specifications plus a 10% contingency of $12,568.40 for a total amount of $138,252.40. Further, that City Council authorize the Mayor to execute a contract and take all actions necessary to complete the project. Sponsors: Ashton J. Hayward, III Attachments: Bid Tabulation - Bid # 17-018 Vendor Reference List - Bid # 17-018 5. 17-00208 APPOINTMENT TO THE FIREFIGHTERS’ RELIEF AND PENSION FUND BOARD OF TRUSTEES Recommendation: That City Council ratify the appointment of Jerri Barnes as the fifth member trustee of the Firefighters’ Relief and Pension Fund. Sponsors: Ashton J. Hayward, III City of Pensacola Page 2 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final April 13, 2017 6. 17-00247 APPOINTMENTS - PARKS AND RECREATION BOARD Recommendation: That City Council appoint two (2) individuals to serve on the Parks and Recreation Board for a term of three (3) years, expiring March 31, 2020. Sponsors: Brian Spencer Attachments: Nomination Form - Barrett Breedlove Application of Interest - Barrett Breedlove Resume - Barrett Breedlove Application of Interest - Paul Epstein 7. 17-00260 OVERRIDE MAYOR ASHTON HAYWARD’S VETO OF MARCH 14, 2017 OF THE CITY COUNCIL ACTION ITEM #17-00186, BEGIN THE PROCESS FOR HIRING A BUDGET ANALYST, PASSED BY CITY COUNCIL ON MARCH 9, 2017. Recommendation: That City Council vote to override Mayor Ashton Hayward’s Veto, dated March 14, 2017, of City Council legislative action item #17-00186 pertaining to the City Council beginning the process of hiring a Budget Analyst, which City Council passed on March 9, 2017. Sponsors: Sherri Myers Attachments: Ordinance No. 28-14, Creating Charter Amendment Ordinance No. 05-15, Creating the Office of City Council Ordinance No.10-16, Establishing the Position of Budget Analyst Organizational Chart for Office of City Council September 14, 2016 Council Report March 9, 2017 Council Report March 14, 2017 Veto Memos from Mayor Hayward Section 4.02, City Charter Provided to Council: Legal Opinion From Attorney Hired By Citizen REGULAR AGENDA City of Pensacola Page 3 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final April 13, 2017 8. 11-17 PROPOSED ORDINANCE NO. 11-17 - AMENDMENT TO SECTION 4-3-97, PROVIDING SANITATION COLLECTION FEE AND CREATING A SANITATION EQUIPMENT SURCHARGE. Recommendation: That City Council approve Proposed Ordinance No. 11-17 on first reading. AN ORDINANCE AMENDING SECTION 4-3-97 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; PROVIDING FOR INCREASE IN SANITATION FEES; PROVIDING FOR SANITATION EQUIPMENT SURCHARGE; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Sponsors: Ashton J. Hayward, III Attachments: Proposed Ordinance No. 11-17 Sanitation Rate Study Report 9. 17-00222 QUASI-JUDICIAL HEARING - FINAL SUBDIVISION PLAT - JUNCTION AT WEST HILL Recommendation: That City Council conduct a quasi-judicial hearing on April 13, 2017 to consider approval of the final subdivision plat - Junction at West Hill. Sponsors: Ashton J. Hayward, III Attachments: Subdivision Plat Application, Junction at West Hill, dated 2/13/2017 Final Plat, Junction at West Hill, dated March 2017 Plat Boundary Survey, Junction at West Hill, dated February 2017 March 14, 2017 Planning Board Minutes 10. 17-00057 ANNEXATION OF PROPERTY - CAMPUS HEIGHTS Recommendation: That City Council conduct the first of two required Public Hearings to consider the annexation of seventy-seven (77) parcels in the Campus Heights area, sixty-one (61) of which are owned by the Pensacola International Airport. Sponsors: Ashton J. Hayward, III Attachments: Map of Annexation Area PULLED BY SPONSOR PUBLIC HEARING & P.O.10-17 ANNEXATION CAMPUS HEIGHTS AREA City of Pensacola Page 4 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final April 13, 2017 11. 10-17 PROPOSED ORDINANCE NO. 10-17 - ANNEXATION OF PROPERTY - CAMPUS HEIGHTS Recommendation: That City Council approve Proposed Ordinance No. 10-17 on first reading. AN ORDINANCE INCORPORATING AND ANNEXING A CERTAIN AREA CONTIGUOUS AND ADJACENT TO THE CITY OF PENSACOLA INTO THE CITY OF PENSACOLA, AND DECLARING SAID AREA TO BE A PART OF THE CITY OF PENSACOLA; REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Sponsors: Ashton J. Hayward, III Attachments: Proposed Ordinance No. 10-17 Survey, City of Pensacola Proposed Campus Heights Annexation Phase I PULLED BY SPONSOR PUBLIC HEARING & P.O.10-17 ANNEXATION CAMPUS HEIGHTS AREA 12. 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 City of Pensacola Page 5 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final April 13, 2017 13. 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 INDIVIDUALS 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 14. 17-00227 PENSACOLA ENERGY - AWARD OF BID #17-012, NATURAL GAS PIPELINE CONSTRUCTION EAST PENSACOLA LOW PRESSURE AREA UPGRADES Recommendation: That City Council award Bid #17-012 Natural Gas Pipeline Construction to R.A.W. Construction, LLC., the lowest and most responsible bidder in the amount of $2,477,265 for seven (7) natural gas infrastructure replacement projects, $581,835 for the miscellaneous work option as outlined in the bid specifications plus a 10% contingency of $305,910 for a total amount of $3,365,010 for a period of one year. Further, that City Council approve the supplemental budget resolution appropriating the additional amount needed from the Florida Gas System Revenue Note, Series 2016. Finally, that City Council authorize the Mayor to execute a contract and take all actions necessary to complete the project. Sponsors: Ashton J. Hayward, III Attachments: Bid Tabulation - Bid No 17-012.pdf Final Vendor Reference List-Bid No 17-012.pdf Supplemental Budget Resolution Supplemental Budget Explanation City of Pensacola Page 6 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final April 13, 2017 15. 17-20 SUPPLEMENTAL BUDGET RESOLUTION NO. 17-20 - PENSACOLA ENERGY - AWARD OF BID #17-012, NATURAL GAS PIPELINE CONSTRUCTION EAST PENSACOLA LOW PRESSURE AREA UPGRADES Recommendation: That City Council adopt Supplemental Budget Resolution No. 17-20 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. 17-20 Supplemental Budget Explanation 16. 12-17 PROPOSED ORDINANCE NO. 12-17 - AMENDING SECTION 6-2-3 OF THE CITY CODE--PARKS AND RECREATION BOARD - DUTIES Recommendation: That City Council approve Proposed Ordinance 12-17 on first reading. AN ORDINANCE AMENDING SECTION 6-2-3 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA, PARKS AND RECREATION BOARD - DUTIES; TO PROVIDE FOR THE INCLUSION WITHIN THE DUTIES LANGUAGE STATING, “AND RECREATIONAL ACTIVITIES”; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE Sponsors: Brian Spencer Attachments: Proposed Ordinance No. 12-17 March 16, 2017 Parks and Recreation Board Minutes.pdf City of Pensacola Page 7 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final April 13, 2017 17. 13-17 PROPOSED ORDINANCE NO. 13-17 - AMENDING SECTION 8-3 OF THE CITY CODE - CREATING SECTION 8-3-4 NO WAKE ZONE FOR THE PORTION OF THE WATERS NORTH OF THE HARBOR CHANNEL ADJACENT TO THE RED BUOY MARKER KNOWN AS “PMT2” LOCATED IN PENSACOLA BAY TO THE ENTRANCE OF PALAFOX PIER BASIN AND FROM THE WEST END OF THE PORT OF PENSACOLA TO THE WEST END OF THE HARBOR CHANNEL Recommendation: That City Council approve Proposed Ordinance 13-17 on first Reading. AN ORDINANCE AMENDING SECTION 8-3 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA, OFFENSES UPON WATERS; CREATING SECTION 8-3-4 TO PROVIDE FOR A NO WAKE ZONE FOR THE PORTION OF THE WATERS NORTH OF THE HARBOR CHANNEL ADJACENT TO THE RED BUOY MARKER KNOWN AS “PMT2” LOCATED IN PENSACOLA BAY TO THE ENTRANCE OF PALAFOX PIER BASIN AND FROM THE WEST END OF THE PORT OF PENSACOLA TO THE WEST END OF THE HARBOR CHANNEL; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE. Sponsors: Brian Spencer Attachments: Proposed Ordinance No. 13-17 ProposedNoWake Zone 18. 17-00228 RETURN CONVEYANCE OF MORRIS COURT PARK TO THE AREA HOUSING COMMISSION Recommendation: That City Council authorize the Mayor to execute all documents necessary to return the property located at North “J” and West Lloyd Streets, known as Morris Court Park, to the Area Housing Commission for use as planned affordable housing. Sponsors: Ashton J. Hayward, III, Jewel Cannada-Wynn Attachments: Deed of Realty dated June 27, 1990 Area Housing Commission Letter to Keith Wilkins, dated September 16, 2016 Map, Morris Court Park MORRIS COURT PARK EMAIL CONFIRMING PULLING ITEM FROM 4/13 AGENDA City of Pensacola Page 8 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final April 13, 2017 19. 17-00251 REIMBURSEMENT TO CDBG FUND - PURCHASE OF 113 NORTH “C” STREET (FORMER BLOUNT SCHOOL PROPERTY) Recommendation: That City Council approve reimbursing the CDBG Fund $295,937 based on CDBG program requirements for the purchase of the property located at 113 North “C” Street (former Blount School). Further that City Council approve the supplemental budget resolution appropriating funding for the reimbursement. Sponsors: Ashton J. Hayward, III Attachments: Appraisal Report 113 North “C” Street dated March 3, 2017 Supplemental Budget Resolution Supplemental Budget Explanation 20. 17-22 SUPPLEMENTAL BUDGET RESOLUTION NO. 17-22 - APPROPRIATING FUNDING FOR REIMBURSEMENT TO THE CDBG FUND - PURCHASE OF 113 NORTH “C” STREET (FORMER BLOUNT SCHOOL PROPERTY) Recommendation: That City Council adopt Supplemental Budget Resolution No. 17-22. 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. 17-22 Supplemental Budget Explanation No. 17-22 21. 17-00245 PORT WAREHOUSE #9 TERMINATION OF LEASE AND WAREHOUSE #1 LEASE AMENDMENT WITH OFFSHORE INLAND MARINE & OILFIELD SERVICES, INC. Recommendation: That City Council authorize the Mayor to take all action necessary to terminate the Lease Agreement for Port Warehouse #9 and to amend the Lease Agreement for Port Warehouse #1 with Offshore Inland Marine & Oilfield Services, Inc. Sponsors: Ashton J. Hayward, III Attachments: Termination Agreement for Warehouse #9 Amendment to Warehouse #1 Lease Agreement City of Pensacola Page 9 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final April 13, 2017 22. 17-00254 NEW MARKET TAX CREDIT UNWIND Recommendation: That City Council authorize the Mayor to execute all documents and take all action necessary associated with unwinding the New Market Tax Credit transaction. This includes but is not limited to executing an Interlocal Agreement with the Community Maritime Park Associates, Inc. (CMPA) and the Community Redevelopment Agency (CRA) to terminate the Project Support Payments to the CMPA. Further, as provided in the CMPA Articles of Incorporation, that the City accept the CMPA’s distributed assets. In addition, that upon NMTC unwind, when the City owns the CTA Investment Fund that City Council authorize the Mayor to forgive the loans made to the CMPA. Sponsors: Ashton J. Hayward, III 23. 17-00241 JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) - VIDEO DETECTION EQUIPMENT Recommendation: That City Council authorize the Mayor to execute and implement a Joint Participation Agreement (JPA) with FDOT for the purchase of Video Detection Equipment to be installed at certain state-owned intersections within the City. Further, that City Council adopt a supplemental budget resolution appropriating the funds from the FDOT. Finally that City Council authorize the Mayor to take any and all actions necessary to execute and implement the JPA with the FDOT. Sponsors: Ashton J. Hayward, III Attachments: JPA.pdf Supplemental Budget Resolution Supplemental Budget Explanation 24. 17-21 SUPPLEMENTAL BUDGET RESOLUTION NO. 17-21 - JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION - VIDEO DETECTION EQUIPMENT Recommendation: That City Council adopt Supplemental Budget Resolution No. 17-21. A RESOLUTION AUTHORIZING AND MAKING REVISIONS AND APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017: PROVIDING FOR THE EFFECTIVE DATE. Sponsors: Ashton J. Hayward, III Attachments: Supplemental Budget Resolution No. 17-21 Supplemental Budget Explanation No. 17-21 City of Pensacola Page 10 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final April 13, 2017 25. 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 PROOF OF PUBLICATION - 2ND READING ADVERTISEMENT 26. 17-00266 AWARD OF CONTRACT FOR SALE OF 150 SOUTH BAYLEN STREET Recommendation: That the City Council approve the recommendation of the Community Redevelopment Agency to award the contract for sale of the surplus property at 150 South Baylen Street to Studer Properties in the amount of $510,000.00 and authorize the CRA Chairperson to execute all necessary documents. Sponsors: Jewel Cannada-Wynn Attachments: Purchase Offer- 150 S. Byalen St. DISCUSSION COUNCIL EXECUTIVE’S REPORT MAYOR’S COMMUNICATION COUNCIL COMMUNICATIONS CIVIC ANNOUNCEMENTS SECOND LEROY BOYD FORUM ADJOURNMENT City of Pensacola Page 11 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final April 13, 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 12 222 W. Main Street Pensacola, FL 32502