TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

April 20,2010

 

RONNIE FUSSELL, CHAIR

 

CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR

 

 

MINUTES OF THE REGULAR MEETING of the Council of the City of Jacksonville, held in Council Chambers, City Hall, Jacksonville, Florida, April 20,2010. The meeting was called to order at 10:01 A.M. by Committee Chair Ronnie Fussell.  The meeting adjourned at 10:37 A.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                     CM Ronnie Fussell, Chair - Excused                                               Juliette Williams, Legislative Aide

                     CM Art Graham, Vice Chair                                                 Phillip Peterson, Asst. Auditor

                      CM Bill Bishop - Excused                                                 Steve Rohan, General Counsel

                      CM Kevin Hyde                                                                    John Jackson, Chief of Research

                      CM Johnny Gaffney                                                                Lisa Rinaman, Administration

                      CM Warren Jones                                                             Stephen Smith, Planning & Dev.

                      CM Glorious Johnson                                                             Laurie Kattreh, Planning & Dev.  

         

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

Karl Sanders (10-233)

Tony Sleiman (10-233)

Mike Herzburg

 

 

 

 

 

1.    2010-116   AN ORDINANCE APPROPRIATING $17,749.00 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND FOR LANDSCAPE IMPROVEMENTS FLORIDA BOULEVARD FROM WINDWARD LANE TO BAY ROAD IN THE CITY RIGHT OF WAY; PROVIDING FOR PROCUREMENT DIRECTIVE; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: April 19, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: April 20, 2010

 

Recommend to APPROVE.

 

AYES - Gaffney, Graham, Hyde, Johnson, Jones, ( 5 )

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2.    2010-125   AN ORDINANCE APPROPRIATING $96,958 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND FOR LANDSCAPE IMPROVEMENTS ALONG AVENUE B BETWEEN THE RAILROAD TRACKS AND MONCRIEF ROAD, MONCRIEF ROAD BETWEEN US1 AND AVENUE B AND 45TH STREET BETWEEN US1 AND AVENUE B; PROVIDING FOR PROCUREMENT DIRECTIVE; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE; 2/17/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: March 15, 2010

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON FINANCE: April 19, 2010

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: April 20, 2010

 

Recommend to AMEND and  APPROVE.

 

AYES - Gaffney, Graham, Hyde, Johnson, Jones, ( 5 )

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3.    2010-224   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, (1) A PERPETUAL EASEMENT GRANTING TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) A PERPETUAL EASEMENT IN, OVER AND UNDER A PARCEL OF REAL PROPERTY, PARCEL 800.1, APPROXIMATELY 801 SQUARE FEET ALONG THE EDGEWOOD AVENUE WEST EXIT RAMP OFF INTERSTATE 95 (I-95), IN COUNCIL DISTRICT 8, AND (2) A TEMPORARY CONSTRUCTION EASEMENT GRANTING TO FDOT A TEMPORARY CONSTRUCTION EASEMENT IN, OVER AND UNDER A CITY OF JACKSONVILLE PARCEL OF REAL PROPERTY, PARCEL 700.1, APPROXIMATELY 0.658 ACRES ALONG THE EDGEWOOD AVENUE WEST EXIT RAMP OFF I-95, IN COUNCIL DISTRICT 8, BOTH FOR THE PURPOSE OF CONSTRUCTING A PERIMETER SOUND WALL; PROVIDING AN EFFECTIVE DATE; 4/6/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: April 20, 2010

 

Recommend to APPROVE.

 

AYES - Gaffney, Graham, Hyde, Johnson, Jones, ( 5 )

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4.    2010-225   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF THE PECAN PARK ROAD RIGHT-OF-WAY, AN OPENED AND IMPROVED RIGHT-OF-WAY ACQUIRED BY PETITION BY THE CITY OF JACKSONVILLE, IN COUNCIL DISTRICT 11 (THE "SUBJECT PROPERTY"), AT THE REQUEST OF BROWARD SIGNATURE, LLP ("APPLICANT"); DECLARING THE SUBJECT PROPERTY TO BE SURPLUS TO THE NEEDS OF THE CITY; AUTHORIZING THE MAYOR AND THE CORPORATION SECRETARY TO CONVEY THE SUBJECT PROPERTY TO APPLICANT, THE LONE, ABUTTING PROPERTY OWNER ON BOTH SIDES OF THE RIGHT-OF-WAY, FOR THE APPRAISED VALUE OF $17,000 SO AS TO ALLOW APPLICANT TO DEVELOP ADJACENT PROPERTY; WAIVING THE PROVISIONS OF SECTION 122.423 (APPRAISAL AT OR BELOW $25,000), ORDINANCE CODE, SO AS TO ALLOW CONVEYANCE OF THE SUBJECT PROPERTY TO THE APPLICANT AT THE APPRAISED VALUE; PROVIDING AN EFFECTIVE DATE; 4/6/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: April 20, 2010

 

Recommend to APPROVE.

 

AYES - Gaffney, Graham, Hyde, Johnson, Jones, ( 5 )

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5.    2010-228   A RESOLUTION EXPRESSING THE CITY OF JACKSONVILLE'S SUPPORT FOR THE APPLICATION EFFORTS AND ACCEPTANCE OF THE 2008 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER RECOVERY GRANT RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN RESPONSE TO THE STATEWIDE IMPACT OF TROPICAL STORM FAY FROM AUGUST 18, 2008, THROUGH AUGUST 27, 2008; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE; 4/6/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: April 19, 2010

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: April 20, 2010

 

Recommend to AMEND and  APPROVE.

 

AYES - Gaffney, Graham, Hyde, Johnson, Jones, ( 5 )

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6.    2010-233   AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND ATLANTIC NORTH LAND TRUST FOR A PROJECT TO BE KNOWN AS "VILLAGES OF KERNAN - THE FOUNTAINS" (CCAS/CRC NO. 41345), CONSISTING OF 1,360 SINGLE FAMILY DWELLING UNITS AND 385,000 SQUARE FEET OF SHOPPING CENTER USES ON APPROXIMATELY 115  ACRES OF PROPERTY LOCATED ON ATLANTIC BOULEVARD BETWEEN KERNAN BOULEVARD AND GENERAL DOOLITTLE DRIVE, AS DESCRIBED THEREIN (COUNCIL DISTRICT 2), WITH A TERM OF TEN (10) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $14,680,961 IN FAIR SHARE FUND SECTOR 2.1, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; WAIVING THE PROVISIONS OF SECTIONS 655.304 and 655.305 CONCERNING PAYMENT OF THE FAIR SHARE ASSESSMENT PRIOR TO ISSUANCE OF FINAL DEVELOPMENT ORDER OR PERMIT AND 14 DAY NOTICE REQUIREMENTS FOR PUBLIC HEARING; REQUESTING EMERGENCY PASSAGE PROVIDING AN EFFECTIVE DATE.; 4/6/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 19, 2010

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: April 20, 2010

 

Recommend to AMEND and  APPROVE.

 

 AYES - Gaffney, Graham, Hyde, Johnson, Jones, ( 5 )

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2ND READINGS

 

7.    2010-234   AN ORDINANCE CONCERNING THE CREATION OF NEW CHAPTER 327, ORDINANCE CODE, AND THE ESTABLISHMENT OF A SUSTAINABLE BUILDING PROGRAM FOR THE CITY OF JACKSONVILLE; AMENDING ORDINANCE 2009-211-E BY AMENDING THE EFFECTIVE DATE PROVISION OF SECTION (D) OF EXHIBIT 2 THEREOF, THE MARCH 2009 DRAFT; MAKING NO OTHER CHANGES TO ORDINANCE 2009-211-E; PROVIDING AN EFFECTIVE DATE

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8.    2010-235   AN ORDINANCE APPROPRIATING $94,868 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO PROVIDE FOR AN AMENDMENT TO FDOT'S PARTICIPATION IN THE DESIGN AND CONSTRUCTION OF A TURN LANE AT THE INTERSECTION OF ARGYLE FOREST BOULEVARD AND CHESWICK OAKS, AS INITIATED BY B.T. 10-103; PROVIDING FOR A CARRYOVER OF FUNDS TO FISCAL YEAR 2010-2011; APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, AN AMENDMENT TO THE LOCAL AGENCY PROGRAM ("LAP") AGREEMENT BETWEEN THE CITY AND FDOT; AMENDING THE 2009-2014 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2009-513-E, FOR THE PROJECT ENTITLED "ARGYLE FOREST BLVD. @ CHESWICK OAKS"; PROVIDING AN EFFECTIVE DATE

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9.    2010-242   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF 24TH STREET, AN OPENED AND IMPROVED RIGHT-OF-WAY ESTABLISHED BY PLAT OF THREE POINT PARK, AS RECORDED IN PLAT BOOK 4, PAGE 48, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, BETWEEN MYRTLE AVENUE AND MONCRIEF ROAD, IN COUNCIL DISTRICT 8, AT THE REQUEST OF NORTHWEST JACKSONVILLE COMMUNITY DEVELOPMENT CORPORATION (THE "APPLICANT"), TO ENABLE APPLICANT TO DEVELOP ADJOINING PROPERTY, SUBJECT TO RESERVATION OF AN EASEMENT OVER THE CLOSED RIGHT-OF-WAY FOR INGRESS AND EGRESS AND FOR ALL UTILITIES; PROVIDING AN EFFECTIVE DATE

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10.    2010-265   AN ORDINANCE REGARDING ORDINANCE 2009-65-E; REPEALING ORDINANCE 2009-65-E SO AS TO ALLOW FOR THE APPROVAL OF THE CORRECT AND COMPLETE VERSION OF THE PARTICIPATION AGREEMENT AND GRANT OF EASEMENT ORIGINALLY APPROVED THEREIN BETWEEN THE CITY OF JACKSONVILLE AND SPRINGHILL MISSIONARY BAPTIST CHURCH OF NE FLORIDA, INC. ("SPRINGHILL");  APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE AND DELIVER, (1) A PARTICIPATION AGREEMENT REGARDING DRAINAGE BETWEEN THE CITY OF JACKSONVILLE AND SPRINGHILL, AND (2) A GRANT OF EASEMENT GRANTING SPRINGHILL, AT NO COST TO SPRINGHILL, A DRAINAGE EASEMENT TO ALLOW STORMWATER RUNOFF TO FLOW FROM SPRINGHILL'S PROPERTY INTO A DRAINAGE POND SITE WHICH IS PART OF THE HART'S ROAD RECONSTRUCTION PROJECT, IN COUNCIL DISTRICT 7; PROVIDING AN EFFECTIVE DATE

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11.    2010-266   AN ORDINANCE APPROPRIATING $323,660 (A $291,294 GRANT FROM THE U. S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, THROUGH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT, AND $32,366 IN MATCHING FUNDS FROM PROPERTY OWNERS) TO PROVIDE FUNDING FOR THE ACQUISITION AND DEMOLITION OF A REPEATEDLY FLOODED AND DAMAGED PROPERTY AT 6814 BAKERSFIELD DRIVE AS PART OF THE SEVERE REPETITIVE LOSS (SRL) MITIGATION GRANT PROGRAM, AS INITIATED BY B.T. 10-112; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2010-2011; PROVIDING AN EFFECTIVE DATE

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12.    2010-267   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER THAT CERTAIN FUNDING AGREEMENT (INCLUDING THE LEASEHOLD IMPROVEMENTS AGREEMENT RELATING TO A SUBLEASE BETWEEN THE UNIVERSITY OF FLORIDA AND SHANDS JACKSONVILLE MEDICAL CENTER, INC., WHICH SUBLEASE CONCERNS THAT CERTAIN AMENDED AND RESTATED LEASE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND SHANDS JACKSONVILLE MEDICAL CENTER, INC., DATED DECEMBER 15, 1987, AS AMENDED), ALL RELATING TO THE UNIVERSITY OF FLORIDA'S SUBLEASED PROPERTY AT 2052 N. JEFFERSON STREET (RE # 054774-0000), IN COUNCIL DISTRICT 7, FOR THE UNIVERSITY OF FLORIDA'S RENOVATING THE BUILDING FOR DORMITORY FACILITIES FOR MEDICAL STUDENTS AND RESIDENTS FOR PURPOSES OF FURTHERING AN ACADEMIC HEALTH CENTER; APPROPRIATING $3,287,330.25 (FOR THE PAYMENT OF INVOICES FOR BOND COUNSEL OPINIONS NOT TO EXCEED $5,000.00 AND THE BALANCE FOR THE RENOVATION OF THE BUILDING AS SET FORTH IN THE LEASEHOLD IMPROVEMENTS AGREEMENT) FROM THE PUBLIC WORKS DEPARTMENT'S UF LAND ACQUISITION & BUILDING RENOVATION - OTHER CONSTRUCTION ACCOUNT, AS INITIATED BY B.T. 10-104; PROVIDING FOR REVERSION OF UNUSED FUNDS; PROVIDING FOR THE EXECUTION OF ALL DOCUMENTS RELATING TO THE FUNDING AGREEMENT; AMENDING THE 2009-2014 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2009-513-E TO PROVIDE FUNDING FOR CAPITAL IMPROVEMENTS TO THE PROJECT ENTITLED "UF LAND ACQUISITION & BUILDING RENOVATION INCLUDING EDUCATIONAL FACILITIES";  PROVIDING CITY OVERSIGHT BY THE PUBLIC WORKS DEPARTMENT STAFF; PROVIDING AN EFFECTIVE DATE

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13.    2010-274   AN ORDINANCE REPEALING ORDINANCE 2010-10-E PERTAINING TO THE AUTHORIZATION OF A ROADWAY TRANSFER AGREEMENT BETWEEN THE CITY OF JACKSONVILLE (CITY) AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT); APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A ROADWAY TRANSFER AGREEMENT BETWEEN THE CITY AND FDOT TRANSFERRING TO THE CITY RESPONSIBILITY FOR THE ROAD RIGHT-OF-WAY AND OPERATION AND MAINTENANCE FOR A PORTION OF SR228, LOCALLY KNOWN AS RIVERSIDE AVENUE, WATER STREET, OCEAN STREET, WEST BAY STREET AND JEFFERSON STREET, AND FOR A PORTION OF SR5, LOCALLY KNOWN AS WEST BAY STREET, BROAD STREET AND WATER STREET; PROVIDING FOR RECORDING OF EXISTING RIGHTS-OF-WAY MAPS IN THE PUBLIC LAND RECORDS BY THE CITY; PROVIDING AN EFFECTIVE DATE

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14.    2010-282   AN ORDINANCE AMENDING SECTION 518.111, ORDINANCE CODE, TO AMEND THE DEFINITIONS OF ABANDONED VEHICLE AND JUNK VEHICLE; PROVIDING AN EFFECTIVE DATE

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15.    2010-283   AN ORDINANCE AMENDING SECTION 518.202 (CONDITIONS PROHIBITED AND DECLARED PUBLIC NUISANCES; PENALTY), ORDINANCE CODE, TO PROVIDE FOR THE PROPER DISPOSAL OF MATERIALS FROM PROPERTY RETAKEN; PROVIDING AN EFFECTIVE DATE

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16.    2010-284   AN ORDINANCE AUTHORIZING A MUNICIPAL CODE ENFORCEMENT BOARD LIEN WAIVER AMNESTY PERIOD AND AUTHORIZING PERMANENT STREAMLINED MUNICIPAL CODE ENFORCEMENT BOARD/SPECIAL MASTER LIEN WAIVER PROCEDURES; PROVIDING AN EFFECTIVE DATE

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