City Council

City of Pensacola City Council Agenda - Final Thursday, July 21, 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. 22-00776 APPROVAL OF MINUTES: REGULAR MEETING DATED JUNE 16, 2022 AND SPECIAL MEETING DATED JUNE 22, 2022 Attachments: Regular Meeting Dated 6/16/22 Special Meeting Dated 6/22/22 APPROVAL OF AGENDA CONSENT AGENDA City of Pensacola Page 1 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final July 21, 2022 2. 22-00350 PROFESSIONAL SERVICES AGREEMENT GULF COAST TENNIS GROUP, LLC FOR THE OPERATION AND MANAGEMENT OF ROGER SCOTT TENNIS CENTER Recommendation: That City Council approve the Professional Services Agreement with Gulf Coast Tennis Group, LLC for the Operation and Management of Roger Scott Tennis Center. Further, that City Council authorize the Mayor to take all actions necessary to execute the agreement. Sponsors: Grover C. Robinson, IV Attachments: PSA Gulf Coast Tennis Group - Roger Scott Tennis Center 3. 22-00640 INTERLOCAL AGREEMENT BETWEEN THE CITY OF PENSACOLA AND THE DOWNTOWN IMPROVEMENT BOARD FOR RESTROOM FACILITIES AT MARTIN LUTHER KING JR. PLAZA Recommendation: That City Council approve an Interlocal Agreement (ILA) with the Downtown Improvement Board (DIB) for the design and construction of two restrooms facilities at Martin Luther King (MLK) Jr. Plaza located at 50 N Palafox Street. Further, that City Council authorize the Mayor to take all actions necessary to negotiate and execute the Interlocal Agreement. Sponsors: Grover C. Robinson, IV Attachments: Interlocal Agreement, Downtown Improvement Board signed June 28, 2022 4. 22-00697 PENSACOLA INTERNATIONAL AIRPORT - FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT GRANT PROGRAM AGREEMENT NO. 3-12-0063-052-2022 - AIRPORT RESCUE AND FIREFIGHTING (ARFF) MOBILE TEST CART Recommendation: That City Council approve and authorize the Mayor to execute the acceptance of the Federal Aviation Administration Airport Improvement Program Grant No. 3-12-0063-052-2022 in the amount of $23,750 for the purchase of an Airport Rescue and Firefighting (ARFF) Mobile Test Cart for the Pensacola International Airport. Further, that City Council authorize the Mayor to take all actions necessary relating to the finalization of the grant. Sponsors: Grover C. Robinson, IV Attachments: Grant Agreement No. 3-12-0063-052-2022 City of Pensacola Page 2 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final July 21, 2022 5. 22-00705 CITY OF PENSACOLA FY 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN Recommendation: That City Council approve the FY 2022-2023 CDBG Annual Action Plan for the period October 1, 2022 through September 30, 2023 for submission to U. S. Department of Housing and Urban Development. Further, that City Council approve the City of Pensacola 2022-2023 CDBG program Proposed Budget and Activity Summary. Finally, that City Council authorize the Mayor to execute all documents relating to the plan’s submission and program’s administration. Sponsors: Grover C. Robinson, IV Attachments: City of Pensacola FY2022-2023 CDBG Annual Action Plan City of Pensacola FY 2022-2023 CDBG Proposed Budget and Activity Summary 6. 22-00708 APPOINTMENT - PARKS AND RECREATION BOARD Recommendation: That City Council appoint one individual to the Parks and Recreation Board to fill an unexpired term ending March 31, 2025. Sponsors: Ann Hill Attachments: Member List Nomination Form - John Jerralds Application of Interest - John Jerralds Resume - John Jerralds Ballot REGULAR AGENDA 7. 22-00706 APPROVAL OF LIGHTING AGREEMENT BETWEEN CITY OF PENSACOLA AND FLORIDA POWER & LIGHT (FPL) FOR LED LIGHTING UPGRADE PROJECT Recommendation: That the City Council approve a request for FPL to convert existing streetlights within the City to LED streetlights. Sponsors: Grover C. Robinson, IV Attachments: Lighting Agreement LED Street Lights Upgrade Breakdown Map - City of Pensacola Lighting Overview SERIES1 SERIES2 SERIES3 City of Pensacola Page 3 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final July 21, 2022 8. 22-00691 PUBLIC HEARING: REQUEST TO VACATE A SEGMENT OF THE EAST YONGE STREET RIGHT-OF-WAY (400 BLOCK) BETWEEN THE WEST LINE OF DAVIS HIGHWAY AND THE EAST LINE OF DR. MARTIN LUTHER KING, JR. DRIVE Recommendation: That City Council conduct a Public Hearing on July 21, 2022, to consider the request to vacate a segment of the East Yonge Street right-of-way (400 Block) between the west line of Davis Highway and the east line of Dr. Martin Luther King, Jr. Drive. Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 30-22 Vacation of Right of Way Application June 14, 2022 Planning Board Minutes - DRAFT Yonge Street - Magee Field ROW Vacation Map PROOF OF PUBLICATION PUBLIC HEARING 9. 30-22 PROPOSED ORDINANCE NO. 30-22 - REQUEST TO VACATE A SEGMENT OF THE EAST YONGE STREET RIGHT-OF-WAY (400 BLOCK) BETWEEN THE WEST LINE OF DAVIS HIGHWAY AND THE EAST LINE OF DR. MARTIN LUTHER KING JR. DRIVE. Recommendation: That City Council approve Proposed Ordinance No. 30-22 on first reading: AN ORDINANCE CLOSING, ABANDONING AND VACATING ALL OF YONGE STREET BETWEEN THE WEST LINE OF DAVIS HIGHWAY AND THE EAST LINE OF DR. MARTIN LUTHER KING JR. DRIVE IN PENSACOLA, ESCAMBIA COUNTY, STATE OF FLORIDA; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AND EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Proposed Ordinance No. 30-22 Vacation of Right of Way Application June 14, 2022 Planning Board Minutes - DRAFT Yonge Street - Magge Field ROW Vacation Map City of Pensacola Page 4 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final July 21, 2022 10. 22-00685 CITY COUNCIL CONSENT TO THE MAYOR’S APPOINTMENT OF FRED CRENSHAW AS SANITATION SERVICES AND FLEET MANAGEMENT DIRECTOR FOR THE CITY OF PENSACOLA. Recommendation: That City Council consent to the Mayor’s appointment of Fred Crenshaw as Sanitation Services and Fleet Management Director of the City of Pensacola in accordance with the City Charter Section 4.01(a)(7). Sponsors: Grover C. Robinson, IV 11. 22-00754 ACQUISITION OF REAL PROPERTY - 2700 BLK DR. MARTIN LUTHER KING JR. DRIVE Recommendation: That City Council approve the purchase of real property located at 2700 Block Dr. Martin Luther King Jr. Drive (Parcel No. 000S009020180146) from Fellowship Prayer Temple Inc. for $190,000 plus an estimated $9,500 in closing costs for a total amount of $199,500. Further, that City Council authorize the Mayor to take all necessary actions and execute documents related to the acquisition of the property. Sponsors: Grover C. Robinson, IV Attachments: Aerial and Parcel Info - 2700 Blk MLK.pdf Appraisal 12. 2022-071 RESOLUTION NO. 2022-071 - COMMUNITY REDEVELOPMENT AGENCY (CRA) ACQUISITION OF REAL PROPERTY AT 2700 DR. MARTIN LUTHER KING, JR. DRIVE Recommendation: That City Council adopt Resolution No. 2022-071: A RESOLUTION OF THE CITY OF PENSACOLA, FLORIDA RELATING TO COMMUNITY REDEVELOPMENT WITHIN THE EASTSIDE COMMUNITY REDEVELOPMENT AREA; PROVIDING FINDINGS; APPROVING AND AUTHORIZING THE EXPENDITURE OF CITY AND CRA FUNDS TO ACQUIRE CERTAIN REAL PROPERTY THEREIN LOCATED AT 2700 BLOCK DR. MARTIN LUTHER KING, JR. DRIVE IN FURTHERANCE OF THE PURPOSES ESTABLISHED IN CHAPTER 163, PART III, FLORIDA STATUTES AND THE EASTSIDE REDEVELOPMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. Sponsors: Teniade Broughton Attachments: Resolution No. 2022-071 ECPA Report - 2700 Blk MLK Appraisal - 2700 Blk MLK City of Pensacola Page 5 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final July 21, 2022 13. 22-00690 TENTATIVE MILLAGE RATE - FISCAL YEAR 2023 Recommendation: That City Council set the tentative Fiscal Year 2023 millage rate for the City of Pensacola at 4.2895 mils and for the Downtown Improvement District at 2.0000 mils and authorize the Mayor to set final levies in compliance with all property tax reform regulations. Further, that the Mayor may administratively adjust the final adopted millage rate upon receipt of the final valuation if the City’s final current year gross taxable value is reduced by more than 1%. Finally, that the first public hearing on the Fiscal Year 2023 millage rates be held on September 7, 2022, at 5:30 p.m. in Council Chambers. Sponsors: Grover C. Robinson, IV Attachments: Fiscal Year 2023 Taxable Value Estimates 14. 22-00720 REQUEST FOR AUTHORIZATION TO EXPEND TREE PLANTING TRUST FUND MONIES TO PROVIDE ROOT REVITALIZATION AND RESTORATION SERVICES FOR THE HERITAGE LIVE OAK AT GARDEN STREET AND BRUE STREET Recommendation: That Council authorize the use of the Tree Trust Fund monies, in an amount not to exceed $8,565,00, to provide root revitalization and restoration services for the heritage live oak tree at the intersection of Garden Street and Brue Street. Finally, that City Council authorize the Mayor to execute all contracts, related documents and take all related actions necessary to complete this project. Sponsors: Grover C. Robinson, IV Attachments: Garden Street Live Oak Report 15. 2022-076 RESOLUTION NO. 2022-076 - CREATING THE USE OF NATIVE, NON-INVASIVE SPECIES TREE POLICY Recommendation: That City Council determine that all tree replacements on public spaces which are under City control be of native species and referred to the City Council for approval, prior to replacement. Sponsors: Ann Hill Attachments: Resolution No. 2022-076 City of Pensacola Page 6 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final July 21, 2022 16. 22-00751 CORRECTIVE SPECIAL WARRANTY DEED RELATED TO DEVELOPMENT OF REAL PROPERTY AT WEST GARDEN STREET AND SOUTH SPRING STREET Recommendation: That the City Council authorize the Mayor to execute a Corrective Special Warranty Deed on behalf of the City of Pensacola as Statutory Joint Transferee of the Assets and Liabilities of the abolished Pensacola-Escambia Governmental Center Authority related to development of real property at West Garden Street and South Spring Street. Further, that City Council adopt a resolution authorizing the Mayor to take all necessary actions related to issuance of the corrective deed. Sponsors: Grover C. Robinson, IV Attachments: Corrective Special Warranty Deed Resolution No. 2022-069 17. 2022-069 RESOLUTION NO. 2022-069 - CORRECTIVE SPECIAL WARRANTY DEED RELATED TO DEVELOPMENT OF REAL PROPERTY AT WEST GARDEN STREET AND SOUTH SPRING STREET Recommendation: That City Council adopt Resolution No. 2022-069. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PENSACOLA AUTHORIZING THE EXECUTION OF A CORRECTIVE SPECIAL WARRANTY DEED RELATING TO THE SALE OF REAL PROPERTY BY PENSACOLA-ESCAMBIA GOVERNMENTAL CENTER AUTHORITY TO THE SCHOOL BOARD OF ESCAMBIA COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Grover C. Robinson, IV Attachments: Resolution No. 2022-069 City of Pensacola Page 7 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final July 21, 2022 18. 2022-065 RESOLUTION NO. 2022-065 - ESTABLISHING THE CITY COUNCIL DISCRETIONARY FUND POLICY Recommendation: That City Council adopt Resolution No. 2022-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PENSACOLA, FLORIDA; AMENDING THE POLICIES OF THE CITY COUNCIL AND ESTABLISHING THE DISCRETIONARY FUND POLICY; PROVIDING SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. Sponsors: Jared Moore Attachments: Resolution No. 2022-065 Policy 3.28 - City Council Discretionary Fund Policy Council Discretionary Fund Agreement (Attachment 2) 19. 2022-064 SUPPLEMENTAL BUDGET RESOLUTION NO. 2022-064 - APPROPRIATION OF $25,000 FROM THE AVAILABLE UNASSIGNED FUND BALANCE FOR EXPERT ASSISTANCE WITH THE ELECTRIC UTILITY FRANCHISE AGREEMENT Recommendation: That City Council adopt Supplemental Budget Resolution No. 2022-064. 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 2022-064 Supplemental Budget Explanation No. 2022-064.pdf City of Pensacola Page 8 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final July 21, 2022 20. 2022-061 SUPPLEMENTAL BUDGET RESOLUTION NO. 2022-061 - LAW ENFORCEMENT TRUST FUND (LETF) PURCHASE FOR THE PENSACOLA POLICE DEPARTMENT Recommendation: That City Council adopt Supplemental Budget Resolution No. 2022-061. 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. 2022-061 Supplemental Budget Explanation No. 2022-61 Letter of Certification No. 2022-061 21. 31-22 PROPOSED ORDINANCE NO. 31-22 - AMENDING SECTION 2-1-5 OF THE PENSACOLA CITY CODE- COMPENSATION OF MAYOR Recommendation: That City Council approve Proposed Ordinance No. 31-22 on first reading: AN ORDINANCE AMENDING SECTION 2-1-5 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA - COMPENSATION OF MAYOR; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE. Sponsors: Jared Moore Attachments: Proposed Ordinance No. 31-22 Proposed Amendment to 2-1-5 - Compensation Mayor - Moore City of Pensacola Page 9 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final July 21, 2022 22. 28-22 REVISED: PROPOSED ORDINANCE NO. 28-22 - CREATING SECTION 6-3-22 OF THE CODE OF THE CITY OF PENSACOLA - RESTRICTING DEVELOPMENT AT BAARS PARK Recommendation: That City Council adopt Proposed Ordinance No. 28-22 (as revised) on second reading: AN ORDINANCE CREATING SECTION 6-3-22 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; RESTRICTING DEVELOPMENT AT BAARS PARK; PROVIDING THE INTENT; PROVIDING FOR DEFINITIONS; PROVIDING RESTRICTIONS ON THE WOODED AREA; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE. Sponsors: Jared Moore, Ann Hill, Grover C. Robinson, IV Attachments: REVISED Proposed Ordinance No. 28-22 Proposed Ordinance No. 28-22 (original draft approved on first reading) Tree Canopy Study PROOF OF PUBLICATION ORD 2ND READING 23. 22-00765 CITY OF PENSACOLA RESILIENT COASTLINES PROGRAM - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AGREEMENT NO. 22PLN33 Recommendation: That City Council approve and authorize the Mayor to execute the acceptance of the Florida Department of Environmental Protection Grant Agreement No. 22PLN33 in the amount of $159,600 to update the existing Vulnerability Assessment for compliance with Section 380.093(3)(d), F.S. The NOAA Intermediate Low sea level rise curve will be incorporated into the City’s existing analysis. A shoreline elevation analysis, additional maps, and required metadata consistent with the foregoing will also be produced. Further, that City Council authorize the Mayor to take all actions necessary relating to the finalization of the grant. Sponsors: Grover C. Robinson, IV Attachments: Grant Agreement No. 22PLN33 City of Pensacola Page 10 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final July 21, 2022 24. 2022-073 SUPPLEMENTAL BUDGET RESOLUTION NO. 2022-073 - APPROPRIATING FUNDING FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT NO. 22PLN33 FOR THE CITY OF PENSACOLA’S COASTAL RESILIENCE PROGRAM Recommendation: That City Council adopt Supplemental Budget Resolution No. 2022-073. A RESOLUTION AUTHORIZING AND MAKING REVISIONS AND APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022; PROVIDING FOR AN EFFECTIVE DATE. Attachments: Supplemental Budget Resolution No. 2022-073.pdf Supplemental Budget Resolution 2022-073 Explanation COUNCIL EXECUTIVE’S REPORT MAYOR’S COMMUNICATION COUNCIL COMMUNICATIONS & CIVIC ANNOUNCEMENTS SECOND LEROY BOYD FORUM ADJOURNMENT 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. City of Pensacola Page 11 222 W. Main Street Pensacola, FL 32502 City Council Agenda - Final July 21, 2022 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. 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