OFFICE  OF  CITY  COUNCIL

 COUNCIL AGENDA OF JUNE 12, 2018

 

BRIEF SUMMARIES OF AMENDMENTS and SUBSTITUTES

Compiled by:  Research Division

Full text of amendments and substitutes available via Legislative Bill Search system at http://cityclts.coj.net/coj/cojBillSearchNew.asp?type=PL

 

 

 

 

17-806

Substitute

(Amend Chapt 654 (Code of Subdiv Regs), Chapt 656 (Zoning Code), Chapt 616 (Streets & Sidewalks) and Chapt 804 (Jax Traffic Code) regarding parking standards for bicycles):

·         Cleans up the formatting

·         Adds revisions to section 656.608 for off-street parking of bicycles.

·         Deletes “and a 2 feet step out zone (a total of 4 feet)”

·         In “Table 1 – On Street Parking Dimensions,” under the heading entitled “Step Out Zone”, deletes “2.0. min.” for angled parking and inserts “N/A”.

·         New Figure D replaces the old Figure D, and also deletes “step out zone” in the title.

·         Adds revisions to section 656.608 to address structured parking for bicycles at multi-family dwellings, and re-numbers the paragraphs.

 

 

 

17-863

Substitute and rerefer

(Amend Sec 656.1510 (Wireless Communication Antennas); Create new Chapt 711, Part 4 (Communications Facilities), Subpart A (Registration & Gen Provisions), Subpart B (Underground Communications Facilities), Subpart C (Small Wireless Facilities):

·         Reorganizes Part 4 into 5 subsections: A) Registration process for location of communication facilities of any type in public rights-of-way; B) Underground communications facilities; C) General permitting requirements for site-specific small cells in public rights-of-way; D) General permitting requirements for co-location on existing City and JEA poles; E) Installation of new poles

·         Establishes definitions of “associated equipment” (regulated by state law) and “wireless equipment” (not regulated by state law) - placement, size, color, etc.

·         Provides a waiver process for all regulations for site-specific hardships; decisions to be made by the City Council

·         Provides for a wider, architecturally compatible base for new poles to allow equipment to be internally located (5 cubic feet limit)

 

 

 

18-224

Amendment

(Rezoning Ricker Rd btwn Countryman Ln & 118th St from RR-ACRE to PUD): Per OGC, attaches Revised Exhibit 3 (revised written description).

 

 

 

18-229

Substitute

(Declaring parcels 012478-0000 & 012478-0100, 7439 and 7443 Wilson Blvd to be surplus to the needs of the city; Disposition of the subject parcels by direct sale to Selah Celaj, Irsada Celaj, and Mirsad Celej for $600,000):

·         Lists Sabrina Property, LLC as the purchasing entity of the City property throughout the bill

·         Pg. 2, line 10 strikes “of” after “declares”

·         Removes references to Section 112.430 in Section 2 of the bill

·         Attaches Revised Exhibit 1 to correct legal description

·         Attach Revised Exhibit 4 (sale and purchase agreement and promissory note)

-         To list Sabrina Property, LLC as the buyers in the Agreement for Sale and Purchase and as the borrowers in the Promissory Note

-         Remove “quitclaim” in the Agreement for Sale and Purchase

-         Include default provisions listed in the Promissory Note in the Agreement for Sale and Purchase

-         Broaden closing documents to include “any and all closing documents required by OGC” in the Agreement for Sale and Purchase

-         Allow for the due diligence period to include necessary zoning approvals in the Agreement for Sale and Purchase (due diligence period to end the earlier of one year from the effective date or date that zoning is approved)

-         Remove default language regarding necessary zoning in the Promissory Note

-         Include revised legal description for both the Agreement for Sale and Purchase and Promissory Note.

 

 

 

18-260

Amendment

(Rezoning Dunn Ave btwn Wingate Rd & Wingate Rd N. from PUD to PUD): Per OGC, approves the rezoning subject to conditions:

  1. Driveway access shall align or meet separation requirements with existing driveway across Dunn Avenue (Dunn Avenue West office park) or as otherwise approved by the Florida Department of Transportation.
  2. A traffic mitigation plan shall be submitted to the Planning and Development Department for review and approval at the time of Verification of Substantial Compliance of the PUD.
  3. Prior to the first final inspection within any phase of development, the owner or their agent shall submit to the Planning and Development Department for its review and approval either (a) an affidavit documenting that all conditions to the development order have been satisfied, or (b) a detailed agreement for the completion of all conditions to the development order.
  4. No development, including stormwater retention facilities or other infrastructure, shall be allowed and no fill permits shall be applied for or obtained, for the area described in the written description as the conservation easement area.

 

 

 

18-266

Substitute

(Creating new Part 15 (Golf Carts), Chapt 804 (Jax Traffic Code), Ord Code, Setting Forth Standards & Procedures for Approval & Designation of Public R/W's for use by Golf Carts):

TEU:

·         Revises definitions to conform to the Comprehensive Plan and Ordinance Code

·         Clarifies that “Designated Road” can be currently in existence or planned for construction

·         Removes references to Low Speed Vehicles

·         Removes Multi-Use Paths

·         Allows golf carts to use designated Golf Cart Paths

·         Clarifies that the City Traffic Engineer processes and approves applications

·         Clarifies that when construction or conversion of a sidewalk for a Golf Cart Path the City Traffic Engineer shall consider current or proposed conditions for non-vehicular traffic

·         Requires signs to be posted at development entry points

·         Clarifies that operation of a Golf Cart on a sidewalk is prohibited unless designated as a Golf Cart Path

·         Updates the Enforcement and Penalties section.

LUZ: TEU substitute, plus adds requirements for conversion of a Multi-Use Path to a Golf Cart Path

 

 

 

18-270

Substitute

(Amend Procurement Code re: procurement of Legal Svcs, Bond Counsel & Supplemental Outside Svcs):

·         Provides that the currently required notification to Procurement Division of selection of expedited process vendors shall be forwarded within 1 business day of selection for transparency and informational purposes

·         Provides that the one-day notifications shall not create requirements for notices or advertisements not otherwise required by Chapter 126

·         Requires that notice, advertisement and receipt of responses for certain Finance Department non-expedited professional services will be provided to the Procurement Division prior to award.

 

 

 

18-293

Amendment

(Approp $84,951.07 from Investmt Pool Earnings from 2014 Auth Capital Projs Subfund to PW; provide funding for installation of Water line in R/W on Citra Ave.): Attaches Revised Exhibit 1 (revised BT).

 

 

 

18-302

Amendment

(Declaring Parcel RE No.087963-0000, 0 Basswood St to be surplus to the needs of the city; Auth Conveyance to 2nd Mile Ministries, Inc. at no cost):

 

NCSPHS: Includes Whereas clause stating that in 2016 property was conveyed back to the City.

 

LUZ: NCSPHS amendment, plus adds a City right of reentry if the parcel fails to be used for single family residential use or as a community garden for a period of 6 consecutive months.

 

 

 

18-305

Substitute

(Approp $ 2,746,075 from KHA Contingency Rsv  to fund various Afterschool Special Needs, Full Svc School Programs and Afterschool & Summer Programs):

·         Attaches a Revised Exhibit 1 (revised BT) to include $20,000 for summer camp programming on the BT (does not change total appropriation amount of $2,746,075)

·         Attaches a Revised Exhibit 2 (KHA board agenda) to include Board Action Items for all actions in the bill

·         Attaches a Revised Exhibit 3 to add listing of Full Service Schools programs,  include an additional summer camp program for Jacksonville Arts and Music School (JAMS), and add a line item for $127,922 in unallocated funding to be allocated by KHA in the future to after-school programs listed in Exhibit 3

·         Attaches a new Exhibit 4 to revise FY 17/18 Budget Ordinance Schedule M to show revised funding by agency and program based on savings from reduced units of service and contracts reduced or not executed

·         Adds language in bill authorizing KHA to execute contracts for the unallocated funding amount of $127,922

·         Adds language in bill clarifying that the third revised Budget Ordinance Schedule M will make available an additional $1,123,393 for afterschool programs for the first quarter of the 2018-2019 school year

·         Adds language clarifying the terms of the contracts.

 

 

 

18-312

Amendment

(Approp $98,419 from Handicapped Parking Fines to Provide Funds for Required ADA Renovations to the Sexual Assault Forensic Exam (S.A.F.E.) Ctr.):

1. Clarifies funding is being appropriated to the Women’s Center

2. Corrects account and clarifies funding source and purpose in explanation of appropriation section

3. Includes address of SAFE Center

4. Pg. 1, line 28: capitalizes name of SAFE Center

5. Attaches new Exhibit 2 (scope of work for renovations)

6. Adds language that the reimbursement will be limited to the project scope attached as Exhibit 2

7. Adds language authorizing an amendment to the existing agreement with the Women’s Center pursuant to Ch. 126.

 

 

 

18-313

Amendment

(Authorizing redevelopment agreement with Elements Dev of Jacksonville, LLC for The District; authorizing creation of Community Development District; REV grant):

 

NCSPHS:

1.      On the bill:

a.       Changes the DIA’s maximum financial obligation for the construction of the CRA Infrastructure Improvements from $23 million to $19 million

b.      Page 4, line 1 corrects $30,000,000 to $24,776,775 to update CDD Infrastructure estimated cost

c.       Adds a Whereas clause specifying components of the DIA’s maximum financial obligation for the construction of the CRA Infrastructure Improvements

d.      Adds Section which allows for technical corrections to be made to all documents by the Office of General Counsel, with the concurrence of the Council Auditor’s Office

e.       Replaces On File documents with Revised On File documents

2.      Redevelopment Agreement:

a.       Corrects Ordinance number in Section 1.3

b.      In Section 1.7 adds “be” after “shall”

c.       In Section 2.6, clarifies that Capital Investment will also include successors and assignees.

d.      In Section 3.2 includes “third party appeals or litigation challenging governmental permits or approvals” as delays not caused by Developer or CDD

e.       In Section 5.2(d) changes “City’s Acceptance Date” to “Closing”

f.       Corrects formatting  in Section 5.2(d) for Release and Satisfaction of Mortgages and Liens

g.       In Section 5.2(f) corrects references to Environmental Laws

h.      In Section 5.2(i) clarifies the indemnification will survive Closing and “expiration or termination of the Agreement”

i.        In Section 5.2(j) clarifies that for New Releases caused by negligence of the City, the City  will be responsible for any increased liability or financial costs incurred by the CDD or Developer

j.        In Section 5.3(a) clarifies that failure of the CDD or Developer to perform any obligation under the BSRA shall not be deemed a violation of the City. The City will indemnify the CDD or Developer of any violations caused by the City’s negligence.

k.      In Section 5.3(b) the City and DIA agree to execute BSRA site access agreements

l.        Corrects Exhibit reference in Section 5.4(e)(i) and clarifies that the easement should be a perpetual easements

m.    In Section 6.2 includes that the City can draw on the Performance Bonds if there is an Event of Default and the City will be completing the CRA Infrastructure Improvements

n.      In Section 7.2 clarifies that if any Annual Installment of the REV Grant is more than the annual debt service on the CDD bonds the CDD shall apply 50% of the excess as partial payment of the outstanding Bond Principal and 50% of the excess to repayment of the principal balance of Supporting Advances and clarify that if there is a specific default 100% of any excess shall be applied as a partial payment of the outstanding Bond principal

o.      In Section 9.1 adds “during the continuance of such Event of Default” and changes “Contribution” to “Funding Obligation”

p.      Corrects section reference in Section 9.2

q.      Corrects scriveners in Section 9.4

r.        In Section 10.9 clarifies that Indemnification language does not apply to Sections 5.2(j) and (k) and 5.3

s.       References CDD in Section 10.21(h)

t.        In Section 10.24 states that the Developer is to provide documentation that any assignee has the financial ability to meet the obligations and has adequate experience with mixed use developments

u.      Exhibit A – corrects scriveners and strike “defined below”

v.      Exhibit C – updates CDD Infrastructure estimated cost

w.     Exhibit E – clarifies that it conveyance could be done by a Special Warranty deed and change CDD in parentheses to CRA

x.      Exhibit J – clarifies that the assignment of the DCSB agreement is at the option of the City

y.      Exhibit K – attaches revised exhibit to correct CDD Infrastructure Budget

z.       Exhibit P – includes updated insurance provisions

3.      Interlocal Agreement:

a.       Changes “The District” to “CDD” in preamble

b.      Clarifies/adds definitions in the Interlocal Agreement that are referenced in other agreements

c.       On page 4, in the second whereas clause, changes “title” to “conveyance”

d.      Corrects scriveners on page 4, in the third whereas clause

e.       On page 5, in the fourth whereas clause, changes “Public Infrastructure Improvement” to “CRA Infrastructure Improvement”

f.       In Section 4.2 references the Redevelopment Agreement

g.       In Section 4.7, changes “District Engineer” to “CDD Engineer”, strikes reference to specific name and removes the Council Auditor’s Office from receiving District Engineer Certifications

h.      In Section 4.9 changes “District” to “CDD”

i.        In Section 9 references Redevelopment Agreement

j.        In Section 19 adds “be” after “shall”

k.      Exhibit A - attaches revised exhibit to correct CDD Infrastructure Budget

4.      Disbursement Agreement:

a.       In Section 2.5 references the Redevelopment Agreement in regards to Completion Date

b.      Adds “of the Redevelopment Agreement” after reference to Section 3.2

c.       Corrects section reference in Section 2.8

d.      In Section 3.6 change Roman numerals to numbers and correct section reference

e.       Corrects scriveners error in Section 3.7.1

f.       In Section 3.10 remove reference to Section 1.7 and correct other section references

g.       In Section 3.14.1 strikes parenthetical

h.      In Section 3.14.2 clarifies that any extension is subject to the Redevelopment Agreement

i.        In Section 4.1 corrects section reference

j.        Clarifies in Section 5.2(e) that CDD shall be in compliance with its obligations under the Redevelopment Agreement as to Commencement and construction of the CDD Infrastructure Improvements and concurrently with the CRA Infrastructure Improvements

k.      In Section 5.3 (b) strikes the first clause

l.        Corrects section references in Section 7.1

m.    In Section 7.3 changes “will” to “with”

n.      In Section 7.24 replaces “these” with “the”

o.      In Section 7.7(a) clarifies that compliance with the City Ordinance Code is “otherwise generally in accordance with”

p.      In Section 7.10 deletes sentence concerning the material amount for change orders

q.      In Section 7.19 changes “DIA’s” to “City’s”

r.        Strikes Section 9.1(j)

s.       Clarifies in Section 9.2.2 that DIA’s remedy under an Event of Default is set forth in the Redevelopment Agreement

t.        Corrects section references in Section 9.2.2(a)

u.      In Section 10.16 includes “unless otherwise explicitly stated herein”

v.      Exhibit B – attaches revised exhibit to correct CDD Infrastructure Budget

w.     Exhibit G – includes updated insurance provisions

 

Finance: NCSPHS substitute, except replaces On File documents with Second Revised on File documents to

·         Add language clarifying public parking provisions

·         Add additional language describing the general contents of the attachments

·         Clarify that language is to be consistent from  the ordinance to the associated agreements

 

 

 

18-324

Amendment

(Conf Appt of Joel Powell to the Civil Service Bd.): Corrects term length to partial term; includes title for Section 1 of bill.

 

 

 

18-325

Amendment

(Conf Reappt of Craig Anthony Gibbs to Downtown Investment Authority): Corrects Code section reference.

 

 

 

18-327

Amendment

(RESO of the City Council of Jax Urging Aaron Zahn, Interim CEO of JEA, to abstain from Applying for Perm Position as JEA CEO & Urging the JEA Bd to not Consider Mr. Zahn a Viable Candidate for Permanent CEO): corrects the date of a JEA Board action; corrects scrivener’s errors.

 

 

 

18-331

Amendment

(Transferring $750,000 within SubFund 32E from Maxville Pk - Football Field and Concessions Bldg Proj to Cecil Field - Phase II Proj to fund Design/Engineering of Phase II of Cecil Field Master Plan): Attaches revised Exhibit 3 (CIP sheets) to correct beyond 5th year funding for Cecil Field Phase II project.

 

 

 

18-347

Amendment and rerefer

(Amending Ord Code Chapters 123, 340 and 342 and http://www.coj.net/fees):

 

(Floor) provides for publication of Health Department fees on www.coj.net/fees; amends Code Chapter 123 to list the existing Duval County Health Department fees separately from the Neighborhoods Dept. fees and to list various existing public venue ticket surcharges.

 

Contact:           Jeff Clements, Chief of Research (904) 630-1405 or jeffc@coj.net