TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

September 01,2009

 

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, September 01,2009. The meeting was called to order at 10:03 A.M. by Committee Chair Ronnie Fussell.  The meeting adjourned at 10:13 A.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                     CM Ronnie Fussell, Chair                                                   Juliette Williams, Legislative Aide

                     CM Art Graham, Vice Chair – Arrived 10:05             Phillip Peterson, Asst. Auditor

                      CM Bill Bishop                                                                 Steve Rohan, General Counsel

                      CM Kevin Hyde                                                                    John Jackson, Chief of Research

                      CM Johnny Gaffney - Excused                                               Lisa Rinaman, Administration

                      CM Warren Jones – Arrived 10:06                                      Stephen Smith, Planning & Dev.

                      CM Glorious Johnson                                                             Laurie Kattreh, Planning & Dev.  

         

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

Jerry Pionessa (09-642)

Curtis Hart (09-643)

 

 

 

 

 

 

1.    2009-498   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE AND DELIVER, A LICENSE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ("LICENSOR") AND GREENSCAPE OF JACKSONVILLE, INC., A FLORIDA NONPROFIT CORPORATION ("LICENSEE"), FOR OCCUPANCY OF THE SECOND FLOOR OF THE FORMER SOUTH JACKSONVILLE CITY HALL BUILDING AT 1468 HENDRICKS AVENUE, IN COUNCIL DISTRICT 5, AT NO COST, FOR AN INITIAL TERM OF FIVE (5) YEARS WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL FIVE (5) YEAR PERIODS, LICENSEE BEING RESPONSIBLE FOR PAYMENT OF ALL UTILITIES AND MAINTENANCE COSTS, AND BOTH LICENSOR AND LICENSEE HAVING THE RIGHT TO TERMINATE THE LICENSE UPON 30 DAYS' WRITTEN NOTICE TO THE OTHER PARTY; PROVIDING AN EFFECTIVE DATE.; 7/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 31, 2009

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 01, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Fussell, Hyde, Johnson, ( 4 )

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2.    2009-624   AN ORDINANCE AMENDING CHAPTER 320 (GENERAL PROVISIONS); PART 4 (PERMITS), SECTION 320.409 (SCHEDULE Of PERMIT FEES), ORDINANCE CODE TO MODIFY PERMIT FEES PERTAINING TO ROOFING AND SITE WORK; AND AMENDING CHAPTER 321 (ADOPTION OF BUILDING CODE); SECTIONS 321.101 (ADOPTION OF APPENDICES), 321.103 (LIFE SAFETY CODE ADOPTED) AND 321.104 (FLORIDA FIRE PREVENTION CODE ADOPTED), ORDINANCE CODE TO UPDATE THE BUILDING CODE CONSISTENT WITH THE FLORIDA BUILDING CODE; PROVIDING AN EFFECTIVE DATE; 8/18/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 31, 2009

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON PUBLIC HEALTH & SAFETY: August 31, 2009

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 01, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Fussell, Hyde, Johnson, ( 4 )

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3.    2009-631   AN ORDINANCE PROVIDING $417,227.47 IN ADDITIONAL FUNDING FOR THE ST. AUGUSTINE ROAD (HOOD LANDING TO I-95) PROJECT BY REDUCING APPROVED FUNDING FOR, AND TRANSFERRING SUCH FUNDING FROM, THE BARNES ROAD (UNIVERSITY TO KENNERLY), SPRING PARK ROAD (BOWDEN TO UNIVERSITY), AND SPRING PARK ROAD (EMERSON TO UNIVERSITY) PROJECTS CONTAINED IN THE BETTER JACKSONVILLE PLAN TO THE ST. AUGUSTINE ROAD (HOOD LANDING TO I-95) PROJECT, AS INITIATED BY B.T. 09-154; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2009-2010; AMENDING THE 2008-2013 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E TO INCREASE THE BUDGET FOR THE PROJECT ENTITLED "ST. AUGUSTINE RD/SR 13 TO I-95" AND TO REDUCE THE BUDGETS FOR THE PROJECTS ENTITLED "BARNES RD: UNIVERSITY TO KENNERLY", "SPRING PARK RD: BOWDEN TO UNIVERSITY", AND "SPRING PARK: EMERSON TO UNIVERSITY"; PROVIDING FOR AN EFFECTIVE DATE; 8/18/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 31, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 01, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Hyde, Johnson, ( 4 )

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4.    2009-641   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF WATTS STREET, AN OPEN AND IMPROVED RIGHT-OF-WAY LYING BETWEEN ROSE STREET AND MCCOYS CREEK BOULEVARD, IN COUNCIL DISTRICT 9, ESTABLISHED BY EQUITABLE REALTY COMPANY'S REPLAT OF ROSEVILLE, AS RECORDED IN PLAT BOOK 5, PAGE 14, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF MINER PROPERTIES JACKSONVILLE LTD., A FLORIDA LIMITED PARTNERSHIP ("MINER"), TO CONSOLIDATE THE TWO PROPERTIES OWNED BY MINER ABUTTING SAID PORTION OF WATTS STREET ON EACH SIDE THEREOF; APPROVING AND AUTHORIZING THE IMPOSITION OF CERTAIN ENVIRONMENTAL COVENANTS AND RESTRICTIONS UPON THAT PORTION OF WATTS STREET TO BE CLOSED AND ABANDONED HEREBY, AS REQUIRED BY THE CONSENT FINAL JUDGMENT BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND THE UNITED STATES OF AMERICA GOVERNING THE ASH AND BROWN'S DUMP SITES; APPROVING THE EXECUTION OF AN ENVIRONMENTAL INDEMNITY AGREEMENT BETWEEN THE CITY AND MINER; APPROVING THE EXECUTION BY THE CITY OF THE NOTICE OF TRANSFER REQUIRED TO BE GIVEN UNDER THE TERMS OF THE CONSENT FINAL JUDGMENT; RESERVING AN EASEMENT FOR DRAINAGE AND UTILITIES OVER, UPON, ACROSS AND UNDER SAID PORTION OF WATTS STREET; CONSENTING TO A GRANT OF EASEMENT BY MINER TO JEA FOR DRAINAGE AND UTILITIES; PROVIDING AN EFFECTIVE DATE; 8/18/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 01, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Hyde, Johnson, ( 4 )

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5.    2009-642   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF A 15 FOOT UNNAMED, UNOPENED AND UNIMPROVED RIGHT-OF-WAY NEAR HALSEMA ROAD LYING SOUTH OF THE RAILROAD RIGHT-OF-WAY AND NORTH OF THE INTERSTATE 10/STATE ROAD 23 INTERCHANGE RIGHT-OF-WAY, IN COUNCIL DISTRICT 11, ESTABLISHED BY PLAT OF JACKSONVILLE FARMS AND RECORDED IN PLAT BOOK 3, PAGE 41 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF CECIL COMMERCE CENTER, LLC TO ALLOW FOR CONSOLIDATION OF ITS ABUTTING PROPERTIES; PROVIDING AN EFFECTIVE DATE; 8/18/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 01, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Johnson, Jones, ( 6 )

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6.    2009-643   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF AN UNNAMED, UNOPENED AND UNIMPROVED RIGHT-OF-WAY IN BONITA'S COVE, IN COUNCIL DISTRICT 12, ESTABLISHED BY PLAT OF JACKSONVILLE HEIGHTS SUBDIVISION AND RECORDED IN PLAT BOOK 5, PAGE 93 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF COLLINS BUILDERS, LLC TO ALLOW FOR DEVELOPMENT OF ITS 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; 8/18/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 01, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Johnson, Jones, ( 6 )

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7.    2009-653   AN ORDINANCE APPROPRIATING $145,504.13 FROM TREE PROTECTION AND RELATED EXPENSES TRUST FUND FOR LANDSCAPING DESIGN ($19,563.13) AND TREE PLANTING ($125,941) FOR TREE PLANTING ALONG ST. JOHNS BLUFF ROAD BETWEEN ATLANTIC BOULEVARD AND MONUMENT ROAD; PROVIDING FOR THE DEPARTMENT OF PUBLIC WORKS TO OVERSEE THE PROJECT; AMENDING THE 2008-2013 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E, FOR THE PROJECT ENTITLED "ST. JOHNS BLUFF TREE PLANTING"; RECOGNIZING THE AUTHORIZED USE UNDER THE PROCUREMENT CODE OF THE CONTINUING CONTRACT WITH R-A-M PROFESSIONAL GROUP INC. FOR LANDSCAPE DESIGN AND WITH DAVEY TREE EXPERT COMPANY FOR TREE PLANTING; PROVIDING AN EFFECTIVE DATE; 8/18/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 31, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 01, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Johnson, Jones, ( 6 )

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2ND READINGS

 

8.    2009-690   AN ORDINANCE APPROPRIATING $1,677,930 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND FOR STREET TREE PLANTING IN FOUR NEIGHBORHOODS AS PART OF THE MITIGATION FOR THE LONNIE MILLER, FOREST STREET, 5TH & CLEVELAND, AND BROWN DUMP ASH SITES; AMENDING THE 2009-2014 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2009-513-E FOR THE PROJECTS ENTITLED "LONNIE MILLER PARK ASH SITE - STREET TREE PLANTING," "FOREST STREET ASH SITE - STREET TREE PLANTING," "5TH & CLEVELAND ASH SITE - STREET TREE PLANTING," AND "BROWN'S DUMP ASH SITE - STREET TREE PLANTING"; PROVIDING FOR THE PUBLIC WORKS DEPARTMENT TO OVERSEE THE PROJECT; PROVIDING FOR PROCUREMENT DIRECTIVE; PROVIDING AN EFFECTIVE DATE

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9.    2009-697   AN ORDINANCE APPROPRIATING $900,000 FROM THE CONTRACT GARBAGE/RECYCLING ACCOUNT T0 PROVIDE THE SUPPLEMENTAL FUNDING NEEDED TO COMPLETE RESTORATION OF THE SOUTH MULCH SITE TO PRE-LEASE CONDITIONS PURSUANT TO THE TERMS OF THE EXISTING LEASE AGREEMENT, AS INITIATED BY B.T. 09-165; PROVIDING AN EFFECTIVE DATE

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10.    2009-698   AN ORDINANCE AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER THAT CERTAIN FIRST AMENDMENT TO THE SECOND LEASE EXTENSION AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND SPHINX MANAGEMENT, INC. ("LEASE") FOR LEASE OF THE SOUTH MULCH SITE LOCATED AT 11771 PHILIPS HIGHWAY SO AS TO INCREASE THE MAXIMUM INDEBTEDNESS FOR THE LEASE BY $210,000, AND TAKE SUCH ACTION AS NECESSARY TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE

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11.    2009-700   AN ORDINANCE AMENDING SECTION 804.1302 (TOWING OF VEHICLES FOR COMPENSATION), ORDINANCE CODE, TO REQUIRE DOCUMENTS IN TOWED VEHICLES TO BE RETAINED IN DUVAL COUNTY; PROVIDING AN EFFECTIVE DATE

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12.    2009-704   AN ORDINANCE AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE A RAIL GRADE CROSSING EASEMENT GRANTING TO GEORGIA SOUTHERN AND FLORIDA RAILWAY COMPANY, AT NO COST, AN EASEMENT ACROSS CHAFFEE ROAD NORTH OF ITS INTERSECTION WITH PRITCHARD ROAD, NEAR PRESIDENT'S COURT, IN COUNCIL DISTRICTS 8 AND 11, FOR CONSTRUCTION OF A RAIL CROSSING; PROVIDING AN EFFECTIVE DATE

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13.    2009-705   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THAT CERTAIN SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL (BOT. NO. 160032632) BETWEEN THE CITY OF JACKSONVILLE AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR OPERATION OF AN EXISTING 12 SLIP DOCKING FACILITY ON TROUT RIVER FOR THE MOORING OF FIRE AND RESCUE MARINE FIREBOATS AND OTHER CITY WATERCRAFT IN CONJUNCTION WITH AN UPLAND CITY FIRE AND RESCUE DEPARTMENT BUILDING, SUCH RENEWAL EXTENDING THE TERM OF THE LEASE THROUGH JUNE 11, 2012; PROVIDING AN EFFECTIVE DATE

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14.    2009-706   AN ORDINANCE CONCERNING THE CLARK ROAD ACCESS; FINDING FACTS; REPEALING ORDINANCE 2008-943-E; APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ('CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") ALLOWING FDOT TO UNDERTAKE THE CLARK ROAD ACCESS IMPROVEMENT PROJECT; PROVIDING AN EFFECTIVE DATE

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15.    2009-707   AN ORDINANCE CONCERNING THE 44TH STREET EXTENSION FROM NORWOOD AVENUE TO GOLFAIR BOULEVARD; FINDING FACTS; REPEALING ORDINANCE 2008-944-E; APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ('CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") ALLOWING FDOT TO UNDERTAKE THE PROJECT EXTENDING 44TH STREET FROM NORWOOD AVENUE TO GOLFAIR BOULEVARD; PROVIDING AN EFFECTIVE DATE

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16.    2009-708   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE, A PERPETUAL EASEMENT BY WHICH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION GRANTS TO THE CITY OF JACKSONVILLE A PERPETUAL EASEMENT IN, OVER, UNDER, UPON AND THROUGH THE OVERPASS AT KERNAN ROAD AND BEACH BOULEVARD, IN COUNCIL DISTRICT 3, FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING TRANSPORTATION FACILITIES IN, OVER, UNDER, UPON AND THROUGH THE OVERPASS; PROVIDING AN EFFECTIVE DATE

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17.    2009-710   AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND TRC SOUTEL, LLC, A SOUTH CAROLINA LIMITED LIABILITY COMPANY, FOR A PROJECT TO BE KNOWN AS "TRC NEW KINGS RETAIL DEVELOPMENT" (CCAS/CRC NO. 74047), CONSISTING OF A FREE STANDING DISCOUNT STORE WITH A MAXIMUM OF 9,180 SQUARE FEET ON APPROXIMATELY 1.53  ACRES OF PROPERTY LOCATED AT 7310 NEW KINGS ROAD, AS DESCRIBED THEREIN (COUNCIL DISTRICT 10), WITH A TERM OF TWO (2) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $164,372 IN FAIR SHARE FUND SECTOR 5.2, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

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18.    2009-711   AN ORDINANCE DESIGNATING AS A RECOVERY ZONE ALL PROPERTY INCLUDED IN THE CITY OF JACKSONVILLE'S ENTERPRISE ZONE, COMMUNITY REDEVELOPMENT AREAS, FORMER NAVAL AIR STATION CECIL FIELD, AND THE EMPOWERMENT ZONE; PROVIDING FOR CITY OVERSIGHT BY THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION; PROVIDING AN EFFECTIVE DATE

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