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RECREATION & COMMUNITY DEVELOPMENT COMMITTEE
MINUTES OF THE REGULAR MEETING
June 06,2011
CLAY YARBOROUGH, CHAIR
CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR
MINUTES
OF THE REGULAR MEETING of the Council of the City of
Members
in Attendance: Staff
Attendance:
CM Clay
Yarborough, Chair Marilyn Allen, Legislative Aide
CM Don Redman, Vice Chair - Excused Janice Billy, Asst. Council Auditor
CM Warren Jones Peggy
Sidman, General Counsel
CM Denise Lee John
Jackson, Research Asst.
CM Glorious Johnson - Excused
Sherry Hall, Administration
CM Johnny Gaffney
CM Art Shad
Others in Attendance:
Karen Chastain (11-306)
Paul Harden (11-306)
Jason Teal (11-166)
Jannie Thomas (11-166)
Bill Killingsworth (11-254)
Wight Greger (11-299)
1. 2011-166 AN ORDINANCE RELATING TO NUISANCE ABATEMENT OF COMMERCIAL FISHING OPERATIONS; AMENDING CHAPTER 518 (JACKSONVILLE PUBLIC SAFETY AND MAINTENANCE CODE) ORDINANCE CODE, AMENDING SECTION 518.111 (DEFINITIONS) TO PROVIDE A NEW DEFINITION FOR "COMMERCIAL FISHING OPERATION"; AMENDING SECTION 518.202 (CONDITIONS PROHIBITED AND DECLARED PUBLIC NUISANCES; PENALTY) TO ADD A NEW SUBSECTION ADDRESSING REGULATION OF COMMERCIAL FISHING OPERATIONS AS PUBLIC NUISANCES; AMENDING PART 4 (PROPERTY STANDARDS), SUBPART B (MINIMUM CONDITIONS) TO CREATE A NEW SUBSECTION 518.424 (COMMERCIAL FISHING OPERATIONS); PROVIDING AN EFFECTIVE DATE; 3/14/2011 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: June 06, 2011
Recommend to AMEND and APPROVE.
AYES - Gaffney, Jones, Lee, Shad, Yarborough, ( 5 )
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2. 2011-254 A RESOLUTION EXPRESSING THE CITY'S SUPPORT FOR THE PLANNING AND DEVELOPMENT DEPARTMENT PLAN "CREATING THE SPARK - A REDEVELOPMENT AND CULTURAL PLAN FOR THE NORTHBANK CORE", AND THOSE EFFORTS TAKEN TO SUPPORT CULTURAL AND ART RESOURCES WITHIN THE NORTHBANK CORE AND THE SPARK TARGET AREA; PROVIDING AN EFFECTIVE DATE; 5/2/2011 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 03, 2011
Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: June 06, 2011
Recommend to APPROVE.
AYES - Gaffney, Jones, Lee, Shad, ( 4 )
NAYS - Yarborough, ( 1 )
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3. 2011-299 AN ORDINANCE APPROPRIATING $7,102,937 IN FEDERAL FUNDING FOR THE NEIGHBORHOOD STABILIZATION PROGRAM 3, A PROGRAM DESIGNED TO MITIGATE THE NEGATIVE IMPACT OF THE ECONOMIC DECLINE AND HOUSING MARKET COLLAPSE AND TO STABILIZE AND REVITALIZE COMMUNITIES HIT HARDEST, AS INITIATED BY B.T. 11-085; PROVIDING A CARRYOVER OF FUNDS FROM YEAR TO YEAR UNTIL SUCH FUNDS ARE EXPENDED OR LAPSE ACCORDING TO THE ORIGINATING STATE OR FEDERAL PROGRAM GRANT; PROVIDING AN EFFECTIVE DATE; 5/16/2011 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON FINANCE: May 17, 2011
Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: June 06, 2011
Recommend to AMEND and APPROVE.
AYES - Gaffney, Jones, Lee, Shad, ( 4 )
NAYS - Yarborough, ( 1 )
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4. 2011-324 AN ORDINANCE REGARDING THE DUVAL COUNTY COURTHOUSE FACILITIES PROJECT ("COURTHOUSE"); APPROPRIATING $629,000 FROM THE ART IN PUBLIC PLACES ACCOUNT TO PROVIDE ART FOR THE COURTHOUSE, AS INITIATED BY B.T. 11-043; PROVIDING A CARRYOVER OF FUNDS FROM YEAR TO YEAR UNTIL DISBURSED FOR THE PURCHASE AND INSTALLATION OF ARTWORK FOR THE COURTHOUSE IN ACCORDANCE WITH THE CITY'S PROCEDURES SET FORTH IN PART 9 (ART IN PUBLIC PLACES), CHAPTER 126 (PROCUREMENT CODE), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE
Recommend to WITHDRAW.
AYES - Gaffney, Jones, Lee, Shad, Yarborough, ( 5 )
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2ND
5. 2011-326 AN ORDINANCE CONCERNING A CONTINUATION GRANT; APPROPRIATING $501,568.90 IN PROGRAM INCOME RECEIVED FROM LOAN REPAYMENTS TO PROVIDE FUNDING TO THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) ADMINISTRATION STRATEGY ($130,156.89) AND TO THE NSP FINANCING MECHANISMS STRATEGY ($371,412.01), AS INITIATED BY B.T. 11-083; PROVIDING A CARRYOVER OF FUNDS FROM YEAR TO YEAR UNTIL SUCH FUNDS ARE EXPENDED OR LAPSE ACCORDING TO THE ORIGINATING STATE OR FEDERAL PROGRAM GRANT; PROVIDING AN EFFECTIVE DATE
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6. 2011-328 AN ORDINANCE APPROPRIATING $430,966 ($344,773 IN CONTINUATION GRANT FUNDING FROM THE U.S. DEPARTMENT OF LABOR AND AN IN-KIND MATCH OF $86,193) TO ADD THE SECOND INCREMENT OF FUNDING TO THE YOUTHBUILD PROGRAM, A PROGRAM THAT PROVIDES DISADVANTAGED OFFENDERS BETWEEN THE AGES OF 16 AND 24 OPPORTUNITIES TO EARN A GED AND LEARN AND DEVELOP VOCATIONAL AND LIFE SKILLS WHILE INCREASING THE SUPPLY OF AFFORDABLE HOUSING IN DUVAL COUNTY, FOR THE GRANT PERIOD JULY 1, 2009, TO JUNE 30, 2012, AS INITIATED BY B.T. 11-087; PROVIDING A CARRYOVER OF FUNDS TO SUBSEQUENT FISCAL YEARS; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF RECREATION AND COMMUNITY SERVICES; PROVIDING AN EFFECTIVE DATE
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7. 2011-330
AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND
CORPORATION SECRETARY TO EXECUTE AND DELIVER, THE INTERIM LEASE EXTENSION
AGREEMENT BETWEEN THE CITY OF
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8. 2011-331
AN ORDINANCE APPROVING INTERLOCAL AGREEMENT, AND AUTHORIZING THE MAYOR
OR DESIGNEE AND CORPORATION SECRETARY, TO EXECUTE AN INTERLOCAL WITH THE CITY
OF
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9. 2011-359 AN ORDINANCE APPROPRIATING $35,000 FROM THE ENVIRONMENTAL PROTECTION BOARD TRUST FUND TO ALLOW THE ENVIRONMENTAL PROTECTION BOARD ("EPB") TO SPONSOR AND CONTRIBUTE $35,000 TO THE TREE HILL NATURE CENTER ENERGY EFFICIENCY DEMONSTRATION PROJECTS, PART 1 GEOTHERMAL HEATING AND COOLING PROJECT, AS INITIATED BY B.T. 11-098; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2011-2012; PROVIDING FOR INSTALLMENT PAYMENTS TO TREE HILL NATURE CENTER FOR WORK PERFORMED; PROVIDING FOR OVERSIGHT OF THE PROJECT; PROVIDING AN EFFECTIVE DATE
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10. 2011-364 AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE AND DELIVER, AN OPEN AIR MARKET OPERATOR AGREEMENT (THE "AGREEMENT") BETWEEN THE CITY OF JACKSONVILLE AND RIVERSIDE ARTS MARKET, LLC (THE "OPERATOR"), FOR OPERATION OF AN OPEN AIR MARKET AT THE NORTHBANK RIVERWALK ARTISTS SQUARE FOR AN INITIAL TERM OF TEN (10) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL TEN (10) YEAR PERIODS FOR A LICENSE FEE OF $1.00 PER YEAR WITH BOTH CITY AND OPERATOR HAVING THE RIGHT TO TERMINATE THE AGREEMENT UPON 30 DAYS' WRITTEN NOTICE TO THE OTHER PARTY; PROVIDING AN EFFECTIVE DATE.
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11. 2011-365 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT ("SETTLEMENT AGREEMENT") BETWEEN THE CITY OF JACKSONVILLE ("CITY"), THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION ("JEDC"), AND PROJECT RIVERWATCH, LLC ("RIVERWATCH") TO PROVIDE FOR (I) THE RELEASE OF THE PARTIES' MUTUAL OBLIGATIONS UNDER A 2007 DEVELOPMENT AGREEMENT BETWEEN THE CITY AND RIVERWATCH REQUIRING RIVERWATCH TO CONSTRUCT A PARKING GARAGE AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BAY AND HOGAN STREETS AND REQUIRING THE CITY TO PROVIDE $3.5 MILLION IN INCENTIVES UPON THE COMPLETION OF SUCH GARAGE AND OVER $2 MILLION IN ADDITIONAL INCENTIVES THEREAFTER FOR A PARKING VALIDATION PROGRAM TO BENEFIT JACKSONVILLE LANDING PATRONS, (II) RIVERWATCH'S CONVEYANCE TO THE CITY, AT NO COST TO THE CITY, OF THE "SISTER CITIES PARCEL" THAT THE CITY PREVIOUSLY CONVEYED TO RIVERWATCH'S PREDECESSOR HUMANA MEDICAL PLAN, INC. IN 2002, AND (III) THE CITY'S DISMISSAL WITH PREJUDICE OF ITS PENDING DUVAL COUNTY CIRCUIT COURT CASE AGAINST RIVERWATCH FOR FAILING TO CONSTRUCT THE PARKING GARAGE, IN CONSIDERATION FOR THE FOREGOING MUTUAL RELEASES AND PROPERTY CONVEYANCE TO THE CITY, AND IN LIGHT OF THE DEFENDANT RIVERWATCH'S RECEIVERSHIP IN MINNESOTA FEDERAL COURT WITH NUMEROUS COMPETING CREDITORS' CLAIMS AND THE MINNESOTAL FEDERAL COURT'S STAY OF THE CITY'S UNSECURED CLAIM PENDING RESOLUTION OF THE COMPETING CREDITORS' CLAIMS; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATING TO THE ABOVE SETTLEMENT AGREEMENT AND TRANSACTION, AND AUTHORIZING TECHNICAL CHANGES TO THE DOCUMENTS; DESIGNATING THE JEDC AS CONTRACT MONITOR; PROVIDING AN EFFECTIVE DATE.
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12. 2011-366 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE (I} THE ECONOMIC DEVELOPMENT AGREEMENT ("PARADOR AGREEMENT") BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND DEVELOPER PARADOR PARTNERS, LLC ("PARADOR"), AND (II) THE RESTRICTIVE COVENANTS AND PARKING RIGHTS AGREEMENT, OPTION AGREEMENT AND RELATED DOCUMENTS DESCRIBED IN THE PARADOR AGREEMENT, FOR THE PURPOSE OF STRENGTHENING THE URBAN CORE BY PROVIDING ADDITIONAL DOWNTOWN PARKING FOR OFFICE, RETAIL AND VISITATION USES, INCLUDING BY RESERVING SHORT TERM PARKING SPACES FOR THE BENEFIT OF LANDING RETAIL ESTABLISHMENT PATRONS AND OTHER MEMBERS OF THE GENERAL PUBLIC IN A NEW APPROXIMATELY 500-SPACE PARKING GARAGE ("PARADOR GARAGE") TO SERVE THE ADJACENT SUNTRUST BUILDING AND PROVIDE PUBLIC PARKING FOR AREA RETAIL ESTABLISHMENTS INCLUDING THE LANDING, WHICH GARAGE WILL BE CONSTRUCTED BY PARADOR ON THE PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BAY AND HOGAN STREETS IN DOWNTOWN JACKSONVILLE; AUTHORIZING THE APPROPRIATION OF $3.5 MILLION FOR A CITY GRANT TO PARADOR UPON THE OPENING OF THE PARADOR GARAGE; AUTHORIZING A PARKING VALIDATION PROGRAM GRANT ("PARKING VALIDATION PROGRAM") TO ENABLE PARADOR TO PROVIDE PARKING DISCOUNTS TO LANDING RETAIL ESTABLISHMENT PATRONS WHO PARK IN THE PARADOR GARAGE, WITH THE CITY CONTRIBUTING UP TO $132,250 PER YEAR BEGINNING IN THE SIXTH YEAR AFTER THE OPENING OF THE PARADOR GARAGE AND CONTINUING UNTIL MARCH 13, 2031, FOR A TOTAL AGGREGATE MAXIMUM CITY GRANT OF $1,587,000 FOR THE PARKING VALIDATION PROGRAM, PROVIDED HOWEVER THAT THE PARKING VALIDATION PROGRAM IS CONTINGENT UPON (A) THE APPROVAL OF THE PARADOR AGREEMENT BY JACKSONVILLE LANDING INVESTMENTS, LLC ("JLI"), THE CURRENT TENANT UNDER THE DISPOSITION, DEVELOPMENT AND LEASE AGREEMENT DATED OCTOBER 3, 1985 BETWEEN THE CITY AND JLI'S PREDECESSOR, AS AMENDED, FOR THE LEASE OF THE LANDING UNDERLYING AND SURROUNDING THE LANDING BUILDINGS ("LANDING LEASE"), AND (B) JLI'S RELEASE OF ITS PRESENT RIGHT TO CONSTRUCT ITS OWN PARKING GARAGE IN A DEFINED AREA OF DOWNTOWN AND RECEIVE SIMILAR CITY INCENTIVES PURSUANT TO THE TERMS OF THE SIXTH AMENDMENT TO THE LANDING LEASE DATED FEBRUARY 8, 2007; AUTHORIZING THE CITY TO GRANT PARADOR A FIVE-YEAR OPTION TO PURCHASE THE "SISTER CITIES PARCEL" LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF BAY AND WATER STREETS, PURSUANT TO THE TERMS OF THE OPTION AGREEMENT ("OPTION AGREEMENT") ATTACHED TO THE PARADOR AGREEMENT, CONTINGENT UPON THE CITY OBTAINING TITLE TO THE SISTER CITIES PARCEL FROM THE CURRENT OWNER, PROJECT RIVERWATCH, LLC, PURSUANT TO A PROPOSED SETTLEMENT AGREEMENT BETWEEN THE CITY AND PROJECT RIVERWATCH, LLC, TO BE AUTHORIZED IN SEPARATE LEGISLATION BEING FILED CONTEMPORANEOUSLY HEREWITH; WAIVING SECTIONS 122.431 THROUGH 122.434, ORDINANCE CODE, REQUIRING ONE OR MORE APPRAISALS BEFORE SELLING ANY CITY PROPERTY LOCATED IN A COMMUNITY REDEVELOPMENT AREA, INCLUDING THE DOWNTOWN AREA, AND FURTHER REQUIRING NOTICE TO THE CITY COUNCIL PRIOR TO ADVERTISING FOR ANY PROPOSALS AND SEPARATE NOTICE TO CITY COUNCIL NOT LESS THAN 30 DAYS PRIOR TO ACCEPTANCE OF ANY SUCH PROPOSALS; PROVIDING THAT THE REASON FOR THE FOREGOING WAIVER IS THAT (A) THE SALE OF THE SISTER CITIES PARCEL IS PURSUANT TO THE OPTION AGREEMENT APPROVED BY THIS ORDINANCE, (B) THE SALE WILL BE ADMINISTERED BY THE JEDC, (C) THE SALE IS CONTINGENT UPON PARADOR'S READINESS TO DEVELOP AT LEAST A TWO-STORY STRUCTURE ON THE PARCEL AND ADJACENT LAND, AND (D) THE COMMUNITY REDEVELOPMENT AREA PROPERTY DISPOSITION REQUIREMENTS IN §163.380, FLORIDA STATUTES, WILL BE FOLLOWED, INCLUDING THE NOTICE AND ADVERTISEMENT FOR PROPOSALS REQUIREMENTS CONTAINED THEREIN; PROVIDING FOR THE CARRYOVER OF FUNDS TO FUTURE FISCAL YEARS; AMENDING THE 2011-2015 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2010-558-E TO DE-AUTHORIZE PRIORITY 1 STATUS FOR THE PROJECT "MET PARK REDEVELOPMENT"; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATING TO THE ABOVE AGREEMENTS AND TRANSACTIONS, AND AUTHORIZING TECHNICAL CHANGES TO THE DOCUMENTS; DESIGNATING THE JEDC AS CONTRACT MONITOR; PROVIDING AN EFFECTIVE DATE.
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13. 2011-367
AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND
CORPORATION SECRETARY TO EXECUTE AND DELIVER, THE FIFTH AMENDMENT TO AMENDED
AND RESTATED LEASE BETWEEN THE CITY OF
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14. 2011-368 AN ORDINANCE MAKING CERTAIN FINDINGS, AND APPROVING AND AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ("CITY"), THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION ("JEDC") AND EVERBANK, FSB ("EVERBANK"), TO SUPPORT THE EXPANSION OF EVERBANK'S OPERATIONS IN JACKSONVILLE, FLORIDA (THE "PROJECT"); RECOMMENDING THAT EVERBANK BE APPROVED BY THE STATE OF FLORIDA'S OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT AS A QUALIFIED TARGET INDUSTRY ("QTI") BUSINESS WITH ENTERPRISE ZONE AND HIGH IMPACT SECTOR BONUSES, PURSUANT TO SECTIONS 288.106-108, FLORIDA STATUTES, AND APPROVED FOR A BROWNFIELD REDEVELOPMENT BONUS PURSUANT TO SECTION 288.107, FLORIDA STATUTES; EVIDENCING A COMMITMENT OF CITY SUPPORT IN AN AMOUNT NOT TO EXCEED $420,000 AS THE LOCAL FINANCIAL SUPPORT UNDER THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM PAYABLE OVER MULTIPLE YEARS PER GUIDELINES SET BY THE STATE OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT, WITH A STATE MATCH OF $1,680,000 (INCLUDING A BROWNFIELD BONUS OF $2,500 PER JOB, HIGH IMPACT SECTOR BONUS OF $2,000 PER JOB, ENTERPRISE ZONE BONUS OF $3,000 PER JOB), FOR A TOTAL CITY AND STATE QTI AMOUNT OF $2,100,000 FOR 200 JOBS; APPROVING AND AUTHORIZING EXECUTION OF DOCUMENTS BY THE MAYOR, CORPORATION SECRETARY AND EXECUTIVE DIRECTOR OF THE JEDC; AUTHORIZING APPROVAL OF TECHNICAL AMENDMENTS BY THE EXECUTIVE DIRECTOR OF THE JEDC; PROVIDING FOR CITY OVERSIGHT BY THE JEDC; TIMELINE FOR EXECUTION OF AGREEMENT BY EVERBANK; WAIVER OF THAT PORTION OF THE PUBLIC INVESTMENT POLICY ADOPTED BY RESOLUTION 2006-119-A WHICH WOULD REQUIRE CREATION OF AT LEAST 250 NEW QTI WAGE LEVEL JOBS, TEN MILLION DOLLARS IN NEW PRIVATE CAPITAL INVESTMENT, AND THE HIRING 10 PERCENT OF NEW EMPLOYEES FROM WITHIN THE ENTERPRISE ZONE TO BE ELIGIBLE FOR ENTERPRISE ZONE AND BROWNFIELD BONUSES, FOR THE PROPOSED PROJECT; PROVIDING AN EFFECTIVE DATE
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15. 2011-369 AN ORDINANCE MAKING CERTAIN FINDINGS, AND APPROVING AND AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ("CITY"), THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION ("JEDC") AND EVERBANK, FSB ("EVERBANK"), TO SUPPORT THE RELOCATION OF EVERBANK'S OPERATIONS IN JACKSONVILLE, FLORIDA TO THE DOWNTOWN AREA (THE "PROJECT"); SAID AGREEMENT AUTHORIZING A GRANT IN AN AMOUNT NOT TO EXCEED $2,750,000 (THE "GRANT"); APPROPRIATING FUNDS NOT TO EXCEED $2,750,000; PROVIDING A CARRYOVER OF FUNDS FROM YEAR TO YEAR UNTIL SUCH FUNDS ARE EXPENDED OR LAPSE ACCORDING TO THE AGREEMENT; APPROVING AND AUTHORIZING EXECUTION OF DOCUMENTS BY THE MAYOR, CORPORATION SECRETARY AND EXECUTIVE DIRECTOR OF THE JEDC; AUTHORIZING APPROVAL OF TECHNICAL AMENDMENTS BY THE EXECUTIVE DIRECTOR OF THE JEDC; PROVIDING FOR CITY OVERSIGHT BY THE JEDC; TIMELINE FOR EXECUTION OF AGREEMENT BY EVERBANK; PROVIDING AN EFFECTIVE DATE.
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