City Council

City of Pensacola City Council Agenda - Final Thursday, March 24, 2022, 5:30 PM Council Chambers, 1st Floor Members of the public may attend the meeting in person. City Council encourages those not fully vaccinated to wear face coverings that cover their nose and mouth. The meeting can be watched via live stream at cityofpensacola.com/video. Citizens may submit an online form at https://www.cityofpensacola.com/ccinput BEGINNING AT 3:00 P.M. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE Council Member Jennifer Brahier FIRST LEROY BOYD FORUM AWARDS APPROVAL OF MINUTES 1. 22-00322 APPROVAL OF MINUTES: REGULAR MEETING DATED MARCH 10, 2022 Attachments: Draft: Regular Meeting Minutes Dated 3/10/22 APPROVAL OF AGENDA CONSENT AGENDA City of Pensacola Page 1 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 24, 2022 2. 22-00265 APPOINTMENTS - PARKS AND RECREATION BOARD Recommendation: That City Council reappoint Antonio Bruni, David Del Gallo, Mike O’Donovan, and Maranda Sword to the Parks and Recreation Board for a term of three (3) years, expiring March 31, 2025. Sponsors: Ann Hill Attachments: Member List Nomination Form - Antonio Bruni Application of Interest - Antonio Bruni Application of Interest - David Del Gallo Application of Interest - Mike Odonovan Application of Interest - Maranda Sword Ballot 3. 22-00266 APPOINTMENTS - ENVIRONMENTAL ADVISORY BOARD Recommendation: That City Council appoint Katie Dineen who is an employed or retired environmental professional, or member of local environmental organizations or business with an interest in City environmental issues; and appoint John Dittmar as at-large resident or property owner of the City to a term of two (2) years, expiring March 1, 2024. Sponsors: Ann Hill Attachments: Member List Nomination Form - Katie Dineen Application of Interest - Katie Dineen Nomination Form - John Dittmar Application of Interest - John Dittmar Ballot 4. 22-00267 THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF PENSACOLA AND HARBOURVIEW CORPORATION ON THE BAY Recommendation: That the City Council approve the Third Lease Amendment between the City of Pensacola and Harbourview of Pensacola LLC for the parking garage located across from their building at 25 West Cedar St. Further, that City Council authorize the Mayor to take all necessary actions to execute and administer the lease amendment. Sponsors: Lissa Dees Attachments: Third Amendment to Lease Agreement between the City of Pensacola and Harbourview Corpo City of Pensacola Page 2 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 24, 2022 5. 22-00123 AWARD OF BID NO. 22-018 COMMENDENCIA SLIP HURRICANE REPAIRS PROJECT Recommendation: That City Council award Bid #22-018 Commendencia Slip Hurricane Repairs Project to Emerald Coast Constructors, Inc., of Pensacola, Florida the lowest and most responsible bidder with a base bid of $459,372.50 plus a 10% contingency in the amount of $45,937.25 for a total amount of $505,309.75. Further, that City Council authorize the Mayor to execute the contract and take all action necessary to complete the project. Sponsors: Grover C. Robinson, IV Attachments: Bid Tabulation, Bid No. 22-018 Final Vendor Reference List, Bid No. 22-018 Map Location, Commendencia Slip REGULAR AGENDA 6. 22-00192 PUBLIC HEARING: PROPOSED AMENDMENT TO SECTION 12-6-6 PROTECTED TREES Recommendation: That City Council conduct a public hearing on March 10, 2022 to consider a proposed amendment to Section 12-6-6 Protected Trees. Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 09-22 Planning Board Minutes February 8, 2022 - DRAFT 7. 09-22 PROPOSED ORDINANCE NO. 09-22 - AMENDMENT TO THE LAND DEVELOPMENT CODE - SECTION 12-6-6 PROTECTED TREES Recommendation: That City Council approve Proposed Ordinance No. 09-22 on first reading. AN ORDINANCE AMENDING SECTION 12-6-6 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA, PROTECTED TREES, PROVIDING FOR SETBACK DEVIATION PROCESS; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 09-22 Planning Board Minutes February 8, 2022 - DRAFT City of Pensacola Page 3 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 24, 2022 8. 22-00273 PUBLIC HEARING: PROPOSED AMENDMENT TO SECTION 12-11-2 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA, APPEALS, MODIFICATIONS, AND VARIANCES; CREATING SECTION 12-11-2 (F), MODIFICATIONS OF THE COMMUNITY REDEVELOPMENT AREA URBAN DESIGN OVERLAY STANDARDS Recommendation: That City Council conduct a Public Hearing on March 24, 2022, to consider the proposed amendment to Section 12-11-2 of the Code of the City of Pensacola, Florida, Appeals, Modifications, and Variances; creating Section 12-11-2 (f), Modifications of the Community Redevelopment Area Urban Design Overlay standards. Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 13-22 March 2022 Planning Board Minutes 9. 13-22 PROPOSED ORDINANCE NO. 13-22 - AMENDMENT TO SECTION 12-11-2 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA, APPEALS, MODIFICATIONS, AND VARIANCES; CREATING SECTION 12-11-2 (F), MODIFICATIONS OF THE COMMUNITY REDEVELOPMENT AREA URBAN DESIGN OVERLAY STANDARDS Recommendation: That City Council approve Proposed Ordinance No. 13-22 on first reading: AN ORDINANCE AMENDING SECTION 12-11-2 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA, APPEALS, MODIFICATIONS, AND VARIANCES; CREATING SECTION 12-11-2 (f), MODIFICATIONS, OF THE COMMUNITY REDEVELOPMENT AREA URBAN DESIGN OVERLAY STANDARDS; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 13-22 March 2022 Planning Board Minutes 10. 22-00217 REQUEST FOR VOLUNTARY ANNEXATION - BAPTIST HOSPITAL-OWNED PROPERTIES. Recommendation: That City Council approve the request for the voluntary annexation of two (2) parcels owned by Baptist Hospital. Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 10-22 Exhibit A: Maps of Annexation Area City of Pensacola Page 4 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 24, 2022 11. 10-22 PROPOSED ORDINANCE NO. 10-22 - REQUEST FOR VOLUNTARY ANNEXATION - BAPTIST HOSPITAL OWNED PROPERTIES Recommendation: That City Council approve Proposed Ordinance No. 10-22 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: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 10-22 Exhibit A: Maps of Annexation Area 12. 22-00219 REQUEST FOR VOLUNTARY ANNEXATION - 315 EAST SELINA STREET AND 4908 CHANEY STREET. Recommendation: That City Council approve the request for the voluntary annexation of two (2) parcels located at 315 East Selina Street and 4908 Chaney Street. Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 11-22 Exhibit A: Maps of Annexation Area 13. 11-22 PROPOSED ORDINANCE NO. 11-22 - REQUEST FOR VOLUNTARY ANNEXATION – 315 EAST SELINA STREET AND 4908 CHANEY STREET. Recommendation: That City Council approve Proposed Ordinance No. 11-22 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: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 11-22 Exhibit A: Maps of Annexation Area City of Pensacola Page 5 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 24, 2022 14. 22-00221 REQUEST FOR VOLUNTARY ANNEXATION - RICHARDS MEMORIAL UNITED CHURCH PROPERTY Recommendation: That City Council approve the request for the voluntary annexation of the portion of the Richards Memorial United Church lying outside the City limits. Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 12-22 Exhibit A: Maps of Annexation Area 15. 12-22 PROPOSED ORDINANCE NO. 12-22 - REQUEST FOR VOLUNTARY ANNEXATION - RICHARDS MEMORIAL UNITED METHODIST CHURCH PROPERTY Recommendation: That City Council approve Proposed Ordinance No. 12-22 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: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 12-22 Exhibit A: Maps of Annexation Area 16. 22-00288 FUNDING AMENDMENT FOR HARNESSING OPPORTUNITY AND POWER OF EDUCATION, INC. (H.O.P.E.)/HUTS 4 OUR FRIENDS, INC. Recommendation: City Council approve a change in the scope of services provided by H.O.P.E. Foundation/Huts 4 our Friends. Sponsors: Grover C. Robinson, IV Attachments: Budget for There is Hope AKA Huts for our Friends City of Pensacola Page 6 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 24, 2022 17. 2022-037 RESOLUTION NO. 2022-037 - ENCOURAGING THE ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS TO ADOPT AN ORDINANCE REGARDING THE DEFACEMENT OF PROPERTY Recommendation: That City Council adopt Resolution No. 2022-037: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PENSACOLA ENCOURAGING THE ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS TO ADOPT AN ORDINANCE REGARDING THE DEFACEMENT OF PROPERTY; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND EFFECTIVE DATE. Sponsors: Sherri Myers Attachments: Resolution No. 2022-037 18. 2022-034 RESOLUTION NO. 2022-034 ESTABLISHING THE POLICY FOR ACQUISITION OF REAL PROPERTY Recommendation: That City Council adopt Resolution No. 2022-034: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PENSACOLA ESTABLISHING THE POLICY FOR ACQUISITION OF REAL PROPERTY; PROVIDING SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Resolution No. 2022-034 Council Action - Approval of Policy - Feb 24, 2022 19. 22-00174 PORT OF PENSACOLA - FLORIDA SEAPORT GRANT PROGRAM AND SEAPORT INVESTMENT PROGRAM GRANT NO. 445548-1-94-03 - UPLAND CARGO IMPROVEMENTS INITIATIVE Recommendation: That City Council authorize the Mayor to execute Florida Seaport Grant and Seaport Investment Program grant No. 445548-1-94-03, for Upland Cargo Improvements Initiative in the amount of $1,524,565. Further, that City Council authorize the Mayor to take all actions necessary to accept, execute and administer the grant. Finally, that City Council adopt a supplemental budget resolution appropriating the grant funds. Sponsors: Grover C. Robinson, IV Attachments: Grant Agreement No. 445548-1-94-03 Supplemental Budget Resolution-No. 2022-028-Resolution Supplemental Budget Resolution-No. 2022-028-Explanation City of Pensacola Page 7 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 24, 2022 20. 2022-028 SUPPLEMENTAL BUDGET RESOLUTION NO. 2022-028 FLORIDA SEAPORT GRANT PROGRAM AND SEAPORT INVESTMENT PROGRAM GRANT NO.445548-1-94-03 - UPLAND CARGO IMPROVEMENTS INITIATIVE Recommendation: That City Council adopt supplemental Budget Resolution 2022-028: A RESOLUTION AUTHORIZING AND MAKING REVISIONS AND APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022; PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Supplemental Budget Resolution No. 2022-028 Supplemental Budget Resolution Explanation Grant Agreement No. 445548-1-94-03 21. 22-00253 STATE OF FLORIDA OF ENVIRONMENTAL PROTECTION (FDEP) GRANT NO. LPA0210, BAYOU CHICO STORMWATER STUDY Recommendation: That City Council authorize the Mayor to execute State of Florida Department of Environmental Protection (FDEP) Grant No. LPA0210 to conduct a study to evaluate possible erosion and stormwater runoff issues into Bayou Chico and provide conceptual solutions to mitigate these issues. Further, that City Council authorize the Mayor to take all actions necessary to accept, execute and administer the grant. Finally, that City Council adopt a supplemental budget resolution appropriating the grant funds. Sponsors: Grover C. Robinson, IV Attachments: Grant Agreement No. LPA0210 Supplemental Budget Resolution No. 2022-031 Supplemental Budget Explanation No. 2022-031 22. 2022-031 SUPPLEMENTAL BUDGET RESOLUTION NO. 2022-031 - BAYOU CHICO STORMWATER STUDY - GRANT Recommendation: That City Council adopt Supplemental Budget Resolution No. 2022-031: A RESOLUTION AUTHORIZING AND MAKING REVISIONS AND APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022, PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Supplemental Budget Resolution No. 2022-031 Supplemental Budget Explanation No. 2022-031 Agreement No. LPA0210 City of Pensacola Page 8 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 24, 2022 23. 22-00261 JOINT PARTICIPATION AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF PENSACOLA - LANDSCAPING OF THE STATE ROAD 289 N 9TH AVE STATE ROAD 742 CREIGHTON ROAD INTERSECTION Recommendation: That City Council authorize the Mayor to execute a joint participation agreement between the State of Florida Department of Transportation and the City of Pensacola for landscaping installation on State Road 289 North 9th Avenue at State Road 742 Creighton Road Intersection, Pensacola, Florida. Further, that City Council adopt a Supplemental Budget Resolution appropriating funding for this project. Sponsors: Grover C. Robinson, IV Attachments: Joint Participation Agreement No. 439561-3-58-01 Supplemental Budget Resolution No. 2022-033 Supplemental Budget Explanation No. 2022-033 24. 2022-033 SUPPLEMENTAL BUDGET RESOLUTION NO. 2022-033 - JOINT PARTICIPATION AGREEMENT - LANDSCAPING OF THE STATE ROAD 289 N 9TH AVE AT STATE ROAD 742 CREIGHTON ROAD INTERSECTION Recommendation: That the City Council adopt Supplemental Budget Resolution No. 2022-033: A RESOLUTION AUTHORIZING AND MAKING REVISIONS AND APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022; PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Supplemental Budget Resolution No. 2022-033 Supplemental Budget Explanation No. 2022-033 Joint Participation Agreement Project No. 439561-3-58-01 City of Pensacola Page 9 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 24, 2022 25. 22-00284 DECLARATION OF SURPLUS AND DISPOSITION (SALE) OF REAL PROPERTY - CORNER OF LEONARD AND PALAFOX STREETS Recommendation: That City Council declare as surplus a small portion of the real property located at the corner of Leonard and Palafox Streets (Parcel Ref No. 182S305001000000) and authorize the Mayor to dispose of this portion of the parcel via direct negotiation with the State of Florida Department of Transportation (FDOT) per their Purchase Agreement for the right of way acquisition. Also, that City Council waive section 3 of the Policy for Disposition of City-Owned Real Property regarding the pre-disposition notice to property owners within a 300-ft radius of the subject parcel. Finally, that City Council authorize the Mayor to take all actions necessary and execute any documents related to the disposition and sale of this property. Sponsors: Grover C. Robinson, IV Attachments: Aerial and Parcel Info - Portion of Palafox Field Services Center FDOT Letter with ROW Map - Feb 24, 2022 FDOT Purchase Agreement - March 10, 2022 26. 2022-035 SUPPLEMENTAL BUDGET RESOLUTION NO. 2022-035 - DISPOSITION (SALE) OF REAL PROPERTY - CORNER OF LEONARD AND PALAFOX STREETS Recommendation: That City Council adopt Supplemental Budget Resolution No. 2022-035: A RESOLUTION AUTHORIZING AND MAKING REVISIONS AND APPROPRIATIONS FOR THE FISCAL YEAR ENDING SPETEMBER 30, 2022; PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Supplemental Budget Resolution No. 2022-035.pdf Supplemental Budget Explanation No. 2022-035.pdf City of Pensacola Page 10 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 24, 2022 27. 06-22 PROPOSED ORDINANCE NO. 06-22 - AMENDING SECTION 3-1-8 - ADDING PROVISIONS FOR THE PURCHASE OF OUTSIDE LEGAL SERVICES Recommendation: That City Council approve Proposed Ordinance No. 06-22 on first reading: AN ORDINANCE AMENDING SECTION 3-1-8 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; ADDING PROVISIONS FOR THE PURCHASE OF OUTSIDE LEGAL SERVICES; PROVIDING FOR SEVERABILITY, REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE. Sponsors: Sherri Myers Attachments: Proposed Ordinance No. 06-22 28. 08-22 PROPOSED ORDINANCE NO. 08-22 - AMENDING SECTION 3-3-1 REGULATING CONTRACTING AND PURCHASE OF LEGAL SERVICES Recommendation: That City Council approve Proposed Ordinance No. 08-22 on first reading: AN ORDINANCE AMENDING SECTION 3-3-1 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; REGULATING CONTRACTING AND PURCHASE OF LEGAL SERVICES; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE Sponsors: Sherri Myers Attachments: Proposed Ordinance No. 08-22 29. 14-22 PROPOSED ORDINANCE NO. 14-22 - CREATING SECTION 2-3-5 OF CITY CODE - APPLICATION OF CERTAIN CHEMICALS PROHIBITED IN CITY FACILITIES WHILE OPEN TO THE PUBLIC AND REQUIREMENTS FOR SAFETY DATA Recommendation: That City Council approve proposed Ordinance No. 14-22 on first reading: AN ORDINANCE CREATING SECTION 2-3-5 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; APPLICATION OF CERTAIN CHEMICALS PROHIBITED IN CITY FACILITIES WHILE OPEN TO THE PUBLIC PROHIBITED AND REQUIREMENTS FOR SAFETY DATA; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE. Sponsors: Sherri Myers Attachments: Proposed Ordinance No. 14-22 City of Pensacola Page 11 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final March 24, 2022 30. 16-22 PROPOSED ORDINANCE NO. 16-22 - CREATING CHAPTER 7-12 OF THE CITY CODE - REQUIREMENTS FOR BOOTING A VEHICLE Recommendation: That City Council approve Proposed Ordinance No. 16-22 on first reading: AN ORDINANCE CREATING CHAPTER 7-12 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; PROVIDING DEFINITIONS; REQUIRING OCCUPATIONAL BUSINESS LICENSE; PROVIDING REQUIREMENTS FOR BOOTING; PROVIDING SIGN NOTICE REQUIREMENTS; ESTABLISHING BOOTING RATES; ENFORCEMENT AND PENALITIES OF BOOTING; PROVIDING A PROCESS FOR CITIZEN COMPLAINTS; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE. Sponsors: Casey Jones Attachments: Proposed Ordinance No. 16-22 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 March 24, 2022 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 requested services. City of Pensacola Page 13 222 W. Main Street Pensacola, FL 32502