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City Council

Regular Meeting

Pensacola, FL · September 10, 2020

Agenda

Agenda

City of Pensacola City Council Agenda - Final Thursday, September 10, 2020, 5:30 PM Council Chambers, 1st Floor •Members of the public may attend and participate only via live stream or phone cityofpensacola.com/428/Live-Meeting-Video or facebook.com/PensacolaMayor •Citizens may submit an online form here https://www.cityofpensacola.com/ccinput BEGINNING AT 3PM ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE Council Member Ann Hill FIRST LEROY BOYD FORUM AWARDS APPROVAL OF MINUTES 1. 20-00557 APPROVAL OF MINUTES: REGULAR MEETING DATED AUGUST 13, 2020 Attachments: Draft Minutes: Regular Meeting Dated 8/13/2020 APPROVAL OF AGENDA CONSENT AGENDA City of Pensacola Page 1 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final September 10, 2020 2. 20-00491 PORT - SECOND LEASE AMENDMENT WITH CEMEX SOUTHEAST, LLC Recommendation: That City Council approve the proposed Second Amendment to Lease Agreement with Cemex Southeast, LLC, and authorize the Mayor to execute the amendment and take all actions necessary to administer the amended lease. Sponsors: Grover C. Robinson, IV Attachments: Location Diagram Draft Second Lease Amendment 3. 20-00496 AWARD OF CONTRACT - BID #20-059 - PORT OF PENSACOLA BERTHS 5 & 6 SHORE POWER PROJECT Recommendation: That City Council award a contract for ITB #20-059 Port of Pensacola Berths 5 & 6 Shore Power Project to Bill Smith Electric, Inc. of Gonzales, Florida, the lowest and most responsible bidder with a base bid of $208,859 plus a 5% contingency of $10,442.95 for a total of $219,301.95. Further, that Council authorize the Mayor to execute the contract and take all actions necessary to complete the project. Sponsors: Grover C. Robinson, IV Attachments: ITB 20-059 Final Bid Tab ITB 20-059 Final Vendor Reference List 4. 20-00492 DECLARATION AND DISPOSITION OF REAL PROPERTY - 100 BLK EAST JORDAN STREET Recommendation: That the City Council declare the real property located at 100 Blk East Jordan Street (Parcel Ref. No. 000S009010170127) as surplus and authorize the Mayor to dispose of through direct negotiation with the Escambia County Housing Finance Authority (ECHFA), per the terms of their Interlocal Agreement for Urban Infill Housing Development Initiatives with the City of Pensacola. Further, that the City Council authorize the Mayor to take all actions necessary to execute any contracts or related documents to dispose of the property. Sponsors: Grover C. Robinson, IV Attachments: 100 Blk E Jordan St – Aerial from PA website Interlocal Agreement with ECHFA Letter of Interest from ECHFA City of Pensacola Page 2 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final September 10, 2020 5. 20-00536 AGENDA CONFERENCE TAKING PLACE BEFORE THE MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRA). Recommendation: That City Council follow Section 2.04 of the Council Rules and Procedures regarding Agenda Conference - General; so that the Agenda Conference shall occur prior to the CRA Board Meeting. Sponsors: Sherri Myers Attachments: Section 2.04 Rules and Procedures 6. 20-00537 INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY AND CITY OF PENSACOLA FOR IMPLEMENTATION OF HOUSING INITIATIVES Recommendation: That the City Council approve an Interlocal Agreement with Community Redevelopment Agency (CRA) and the City of Pensacola for implementation of housing initiatives within the Urban Core, Westside and Eastside community redevelopment areas. Further, that the City Council authorize the Mayor to take all actions necessary to implement the agreement. Sponsors: Jared Moore Attachments: Housing Initiatives Interlocal Agreement 7. 20-00509 APPOINTMENTS - ARCHITECTURAL REVIEW BOARD Recommendation: That City Council appoint two (2) registered architects and two (2) representatives from the University of West Florida Historic Trust (UWFHT) to the Architectural Review Board for a term of two (2) years, expiring September 30, 2022. Sponsors: Jewel Cannada-Wynn Attachments: Member List Application of Interest - Anna Fogarty Nomination Form - Yuri L Ramos Application of Interest - Yuri L Ramos.pdf Resume - Yuri L. Ramos Application of Interest - Derek Salter Nomination Form - Jordan M Yee Application of Interest - Jordan M Yee Resume - Jordan M Yee Ballot - Registered Architect Ballot - Representatives from UWF Historic Trust REGULAR AGENDA City of Pensacola Page 3 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final September 10, 2020 8. 20-00538 AMENDMENT TO SECTION 2.01 - SUBMISSION OF ITEMS - TO THE COUNCIL RULES AND PROCEDURES Recommendation: That City Council amend Section 2.01 of the Council Rules and Procedures to include the following sentence: “All proposed Ordinances and Resolutions must go through review by the Office of the City Attorney (Legal) prior to being placed on the agenda.” Sponsors: Jewel Cannada-Wynn Attachments: Proposed Amendment to Section 2.01 - Council Rules and Procedures 9. 20-00205 PURCHASE AND INSTALLATION OF A SPLASH PAD FOR LEGION FIELD Recommendation: That City Council approve the purchase and installation of a splash pad at Legion Field Park from PlayCore Wisconsin,Inc. d/b/a GameTime the amount of $212,339.40 plus a 10% contingency in the amount of $21,234.00 for a total cost not to exceed $233,573.40. Further, that City Council authorize the Mayor to execute all contracts, related documents, and take all related actions necessary to complete the project. Sponsors: Grover C. Robinson, IV 10. 20-00473 AWARD OF CONTRACT TO PANHANDLE GRADING & PAVING, INC. FOR INVITATION TO BID (ITB) #20-060 HITZMAN-OPTIMIST PARK IMPROVEMENTS Recommendation: That City Council award a contract to Panhandle Grading & Paving, Inc. for ITB #20-060 Hitzman-Optimist Park Improvements for $1,375,867.25 base bid, $567,031.50 additive alternate #1, and a 10% contingency of $194,289.88 for a total amount of $2,137,188.63. Further, that City Council authorize the Mayor to execute all contracts, related documents, and take all related actions necessary to complete the project. Finally, that City Council adopt a supplemental budget resolution to appropriate the additional funding needed to complete the project. Sponsors: Grover C. Robinson, IV Attachments: Tabulation Sheet Final Vendor Reference List Supplemental Budget Resolution No. 2020-45.pdf Supplemental Budget Explanation STAFF EMAIL Soccer Complex funding City of Pensacola Page 4 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final September 10, 2020 11. 20-00517 APPOINTMENT - ARCHITECTURAL REVIEW BOARD Recommendation: That City Council appoint one property or business owner in the Palafox Historic Business District or the Governmental Center District to fill an unexpired term ending September 30, 2021. Sponsors: Jewel Cannada-Wynn Attachments: Member List Nomination Form - Lauren Sceca Application of Interest - Lauren Sceca Nomination Forms - Brian Spencer Application of Interest - Brian Spencer Ballot 12. 20-00540 RENAMING THE ARMSTRONG PARK TENNIS COURTS IN HONOR OF RONALD P. TOWNSEND Recommendation: That City Council approve the renaming of the Armstrong Park Tennis Courts in honor of Ronald P. Townsend, former District 7 City Council Member. Attachments: 20-07-16 Minutes Parks and Recreation Board Unapproved - Armstrong Tennis Courts 20-08-18 Council Recommendations-Armstrong Tennis Courts 13. 20-00439 FY20 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM: STATE Recommendation: That City Council approve and authorize the Mayor to execute the acceptance the FY20 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: State, agreement between the City of Pensacola and the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants, in the amount of $73,132.00. Further, that City Council approve the supplemental budget resolution appropriating the grant funds. Sponsors: Grover C. Robinson, IV Attachments: Certificate of Sub-Award Supplemental Budget Resolution Supplemental Budget Explanation Application for Funding Budget Narrative City of Pensacola Page 5 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final September 10, 2020 14. 2020-31 SUPPLEMENTAL BUDGET RESOLUTION NO. 2020-31 - FY20 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM: STATE Recommendation: That City Council adopt Supplemental Budget Resolution No. 2020-31. A RESOLUTION AUTHORIZING AND MAKING REVISIONS AND APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Supplemental Budget Resolution No. 2020-31 Supplemental Budget Explanation No. 2020-31 15. 2020-46 RESOLUTION NO. 2020-46 - INDIGENOUS PEOPLES’ DAY Recommendation: That City Council adopt Resolution No. 2020-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PENSACOLA, FLORIDA DESIGNATING THE SECOND MONDAY IN OCTOBER AS “INDIGENOUS PEOPLES’ DAY” TO CELEBRATE AND HONOR INDIGENOUS PEOPLES AND THEIR SHARED HISTORY AND CULTLURE IN PENSACOLA AND NORTHWEST FLORIDA. Sponsors: Sherri Myers Attachments: Resolution No. 2020-46 16. 2020-38 RESOLUTION NO. 2020-38 - DESIGNATION OF STATE ROADWAY TO HONOR FALLEN PENSACOLA POLICE OFFICERS, AS “PENSACOLA POLICE FALLEN HEROES HIGHWAY” Recommendation: That City Council adopt Resolution No. 2020-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PENSACOLA, FLORIDA, IN SUPPORT OF THE DESIGNATION OF BAYFRONT PARKWAY, FROM TARRAGONA STREET TO THE NEW PENSACOLA BAY BRIDGE, AS “PENSACOLA POLICE FALLEN HEROES HIGHWAY”; PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Resolution No. 2020-38 The Florida State Senate Review Requirements and Costs for Road Designation City of Pensacola Page 6 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final September 10, 2020 17. 2020-26 RESOLUTION NO. 2020-26 - CREATING A SPECIAL REVENUE FUND OF THE CITY IN ORDER TO LIMIT THE USE OF PARKING ACTIVITY REVENUE SOURCES REPORTED IN SUCH FUND Recommendation: That City Council adopt Resolution No. 2020-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PENSACOLA, FLORIDA STATING ITS DESIRE AND INTENTION TO FORMALLY LIMIT THE USE OF PARKING ACTIVITY REVENUE SOURCES REPORTED IN THE PARKING MANAGEMENT FUND TO SUPPORT RELATED EXPENDITURES; PROVIDING AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Resolution No. 2020-26 18. 2020-36 SUPPLEMENTAL BUDGET RESOLUTION NO. 2020-36 - AFFORDABLE HOUSING INITIATIVES Recommendation: That City Council Adopt Supplemental Budget Resolution No. 2020-36. A RESOLUTION AUTHORIZING AND MAKING REVISIONS AND APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Supplemental Budget Resolution No. 2020-36 Supplemental Budget Explanation No. 2020-36 19. 2020-39 SUPPLEMENTAL BUDGET RESOLUTION NO. 2020-39 - AMENDING THE FISCAL YEAR 2020 BUDGET Recommendation: That City Council adopt Supplemental Budget Resolution No. 2020-39. A RESOLUTION AUTHORIZING AND MAKING REVISIONS AND APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Supplemental Budget Resolution No. 2020-39 Supplemental Budget Explanation No. 2020-39 City of Pensacola Page 7 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final September 10, 2020 20. 2020-45 SUPPLEMENTAL BUDGET RESOLUTION NO. 2020-45 - HITZMAN-OPTIMIST PARK IMPROVEMENTS Recommendation: That City Council adopt Supplemental Budget Resolution No. 2020-45. A RESOLUTION AUTHORIZING AND MAKING REVISIONS FOR APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Supplemental Budget Resolution No. 2020-45 Supplemental Budget Explanation No. 2020-45 21. 40-20 PROPOSED ORDINANCE NO. 40-20 - PROPOSED AMENDMENTS TO CHAPTER 11-2 OF THE CODE - PERTAINING TO THE REGULATION AND MANAGEMENT OF PARKING ACTIVITIES AND THE DESIGNATION OF THE CODE ENFORCEMENT SPECIAL MAGISTRATE TO HEAR AND DETERMINE OBJECTIONS TO FINES WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE CITY OF PENSACOLA Recommendation: That the City Council approve Proposed Ordinance No. 40-20 on first reading. AN ORDINANCE AMENDING CHAPTER 11-2 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; AMENDING SECTION 11-2-37, PROVIDING PARKING FINE AMOUNTS AND APPOINTING CODE ENFORCEMENT AUTHORITY SPECIAL MAGISTRATE TO HEAR AND DECIDE OBJECTIONS TO PARKING FINES; AMENDING SECTION 11-2-46, PROVIDING MAYORAL AUTHORITY TO REGULATE PARKING; AMENDING SECTION 11-2-46.1, PROVIDING TIME LIMITS, RATES AND FINES; AMENDING SECTION 11-2-47, PROVIDING PARKING TIME LIMITS; AMENDING SECTION 11-2-48, REGULATING PARKING SPACES; AMENDING SECTION 11-2-80, PROVIDING FOR AUTHORITY OF MAYOR; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 40-20 City of Pensacola Page 8 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final September 10, 2020 22. 41-20 PROPOSED ORDINANCE NO. 41-20 - AMENDMENT TO CITY CODE SECTION 4-3-97 - SANITATION EQUIPMENT SURCHARGE Recommendation: That City Council approve Proposed Ordinance No. 41-20 on first reading. AN ORDINANCE AMENDING SECTION 4-3-97 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; PROVIDING FOR INCREASE IN SANITATION EQUIPMENT SURCHARGE; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 41-20 City of Pensacola Page 9 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final September 10, 2020 23. 42-20 PROPOSED ORDINANCE NO. 42-20 - ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF PENSACOLA Recommendation: That City Council approve Proposed Ordinance No. 42-20 on first reading: AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF PENSACOLA,FLORIDA; ESTABLISHIG THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING AND SUPPLEMENTING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. Attachments: Proposed Ordinance No. 42-20 Index of Changes Title 1 - General Title 2 - Administration Title 3- Finance Title 4- Health & Sanitation Title 5 - Human Resources Title 6 - Parks & Recreation Title 7- Licenses & Business Regulations Title 8 - Offenses Title 9 - Personnel Title 10 - Public Enterprises and Utilities Title 11 - Traffic Title 12 - Land Development Code Title 13 - Code Enforcement Title 14 - Building Construction and Fire Codes City of Pensacola Page 10 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final September 10, 2020 24. 39-20 PROPOSED ORDINANCE NO. 39-20: REQUEST TO VACATE RIGHT OF WAY - 310 BAY BOULEVARD AND 306 BAY BOULEVARD Recommendation: That City Council adopt Proposed Ordinance No. 39-20 on second reading. AN ORDINANCE CLOSING, ABANDONING AND VACATING A PORTION OF BAY BOULEVARD IN PENSACOLA, ESCAMBIA COUNTY, STATE OF FLORIDA; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 39-20 Vacation of Right of Way Application Planning Board Minutes July 14 2020 DRAFT Sensitive Property Report and Recommendation 9-4-20 PROOF OF PUBLICATION ORDS 2ND READING 25. 33-20 PROPOSED ORDINANCE NO. 33-20 - AMENDING SECTION 6-3-2 OF THE CODE OF THE CITY OF PENSACOLA, RULES AND REGULATIONS GENERALLY, AND ADDING SUBSECTION (C) SPECIFYING PARK HOURS Recommendation: That City Council adopt Proposed Ordinance No. 33-20 on second reading: AN ORDINANCE AMENDING SECTION 6-3-2 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; PROVIDING RULES AND REGULATIONS GENERALLY; SPECIFYING PARK HOURS; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 33-20 PROOF OF PUBLICATION ORDS 2ND READING City of Pensacola Page 11 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final September 10, 2020 26. 38-20 PROPOSED ORDINANCE NO. 38-20 - AMENDING ORDINANCE NO. 18-07 AND ORDINANCE NO. 25-08 CLOSING, ABANDONING AND VACATING THE COLFAX STREET RIGHT OF WAY BETWEEN 9TH AVE AND 10TH AVE Recommendation: That City Council adopt Proposed Ordinance No. 38-20 on second reading: AN ORDINANCE AMENDING ORDINANCE NO. 18-07 AND ORDINANCE NO. 25-08 CLOSING, ABANDONING AND VACATING THE COLFAX STREET RIGHT OF WAY BETWEEN 9TH AVENUE AND 10TH AVENUES; AND A PORTION OF THE 10TH AVENUE RIGHT-OF-WAY IN PENSACOLA, ESCAMBIA COUNTY, STATE OF FLORIDA BY FURTHER ABANDONING A TWENTY-FOOT EASEMENT WITHIN 10TH AVENUE AND COLFAX STREET; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE. Sponsors: Jewel Cannada-Wynn Attachments: Proposed Ordinance No. 38-20 Ordinance No. 25-08 Ordinance No. 18-07 Hawkshaw 10th Ave Termination - 5-19-2020 Map PROOF OF PUBLICATION ORDS 2ND READING COUNCIL EXECUTIVE’S REPORT MAYOR’S COMMUNICATION COUNCIL COMMUNICATIONS CIVIC ANNOUNCEMENTS SECOND LEROY BOYD FORUM ADJOURNMENT City of Pensacola Page 12 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final September 10, 2020 Any opening invocation that is offered before the official start of the Council meeting shall be the voluntary offering of a private person, to and for the benefit of the Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City Council or the city staff, and the City is not allowed by law to endorse the religious or non-religious beliefs or views of such speaker. Persons in attendance at the City Council meeting are invited to stand during the invocation and to stand and recite the Pledge of Allegiance. However, such invitation shall not be construed as a demand, order, or any other type of command. No person in attendance at the meeting shall be required to participate in any opening invocation that is offered or to participate in the Pledge of Allegiance. You may remain seated within the City Council Chambers or exit the City Council Chambers and return upon completion of the opening invocation and/or Pledge of Allegiance if you do not wish to participate in or witness the opening invocation and/or the recitation of the Pledge of Allegiance. 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 City of Pensacola Page 13 222 W. Main Street Pensacola, FL 32502

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