TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

August 04,2009

 

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, August 04,2009. The meeting was called to order at 9:36 A.M. by Committee Chair Ronnie Fussell.  The meeting adjourned at 10:10 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                                                                 Steve Rohan, General Counsel

                      CM Kevin Hyde - Excused                                                                John Jackson, Chief of Research

                      CM Johnny Gaffney – arrived 9:45                                         Lisa Rinaman, Administration

                      CM Warren Jones – arrived 10:05                                      Stephen Smith, Planning & Dev.

                      CM Glorious Johnson                                                             Laurie Kattreh, Planning & Dev.  

         

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

Mike Miller, JTA

Alan Mosley, CAO  (2009-446)

Bair Fishburne, JTA

 

 

 

 

1.    2009-493   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, UPON COMPLETION OF THE CONSTRUCTION OF THE PROPOSED PRITCHARD ROAD AND CHAFFEE ROAD INTERSECTION, AN OPENED AND IMPROVED PORTION OF PRITCHARD ROAD RIGHT-OF-WAY NEAR ITS INTERSECTION WITH CHAFFEE ROAD, IN COUNCIL DISTRICT 8, ESTABLISHED AND RECORDED IN ORV 4831-954 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF WESTLAKE LAND MANAGEMENT, INC. TO ALLOW FOR THE DEVELOPMENT OF THE WESTLAKE PROJECT; PROVIDING AN EFFECTIVE DATE.; 7/21/2009 - Amend/Read 2nd & Rerefer 5-0

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 04, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Bishop, Fussell, Fussell, Graham, Graham, Hyde, Hyde, Jones, Jones, ( 10 )

_____________________

 

2.    2009-491   AN ORDINANCE REPEALING ORDINANCE 2003-1028-E PERTAINING TO THE SURPLUS OF CERTAIN REAL PROPERTY; DECLARING THAT CERTAIN PARCEL OF REAL PROPERTY (R.E. # 064937-0000), LOCATED ON EDISON AVENUE BETWEEN BROWARD STREET AND NIXON STREET, IN COUNCIL DISTRICT 9, TO BE SURPLUS TO THE NEEDS OF THE CITY; WAIVING THE PROVISIONS OF SECTION 122.422(C)(SALE OF PROPERTY THROUGH REAL ESTATE DIVISION; INVESTIGATION OF NEED; COUNCIL ACTION) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW FOR THE MARKETING AND DISPOSITION OF THE SUBJECT PARCEL BY AUCTION, DIRECT SALE OR LISTING WITH A LICENSED REAL ESTATE BROKER; WAIVING THE PROVISIONS OF SECTION 122.429 (USES OF PROCEEDS FROM SURPLUS LAND SALES) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW THE NET PROCEEDS FROM THE SALE OF THE  SUBJECT PARCEL TO BE DEPOSITED INTO THE COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT, THE SOURCE OF THE FEDERAL FUNDS USED TO MAKE THE ORIGINAL PURCHASE OF THE SUBJECT PARCEL; PROVIDING AN EFFECTIVE DATE.; 7/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: August 03, 2009

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON FINANCE: August 03, 2009

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 04, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Gaffney, Graham, Johnson, ( 4 )

_____________________

 

3.    2009-496   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THAT CERTAIN SOVEREIGNTY SUBMERGED LANDS EASEMENT (BOT. NO. 160232682) BETWEEN THE CITY OF JACKSONVILLE AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, RETROACTIVE TO OCTOBER 9, 2007, FOR CONSTRUCTION OF A DRAINAGE CHANNEL AND DREDGING IN MONCRIEF CREEK (PROJECT 2009-117); PROVIDING AN EFFECTIVE DATE.; 7/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 03, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 04, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Gaffney, Graham, Johnson, ( 4 )

_____________________

 

4.    2009-501   AN ORDINANCE APPROPRIATING $3,616,317 FROM FAIR SHARE SECTOR AREA TRANSPORTATION IMPROVEMENT SPECIAL REVENUE FUND NORTH PLANNING DISTRICT, SECTOR 6.1 FOR THE EXPANSION OF ALTA ROAD FROM 9A TO NEW BERLIN ROAD; PROVIDING FOR PUBLIC WORKS DEPARTMENT TO OVERSEE; AMENDING THE 2008-2013 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E FOR THE PROJECT ENTITLED ALTA ROAD IMPROVEMENTS - 9A TO NEW BERLIN ROAD (2 TO 4 LANES); PROVIDING AN EFFECTIVE DATE.; 7/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 03, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 04, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Gaffney, Graham, Johnson, ( 4 )

_____________________

 

5.    2009-558   AN ORDINANCE APPROPRIATING $1,736,459 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE ADDITIONAL FUNDING FOR THE RECONSTRUCTION OF COLLINS ROAD FROM RAMPART ROAD TO BLANDING BOULEVARD, THUS ALLOWING THE CITY TO MEET THE 50% MATCHING FUND REQUIREMENTS PURSUANT TO CONTRACT 6931-07 WITH SUPERIOR CONSTRUCTION, INC., AS INITIATED BY B.T. 09-148; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2009-2010; AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER A COUNTY INCENTIVE GRANT PROGRAM REIMBURSEMENT AGREEMENT WITH FDOT; AMENDING THE 2008-2013 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E TO INCREASE THE BUDGET FOR THE PROJECT ENTITLED "COLLINS RD - RAMPART TO BLANDING"; REQUESTING EMERGENCY PASSAGE; PROVIDING FOR AN EFFECTIVE DATE

 

Recommend to AMEND and APPROVE as an EMERGENCY measure.

 

AYES - Bishop, Gaffney, Graham, Johnson, ( 4 )

_____________________

 

6.    2009-446   AN ORDINANCE OF THE CITY OF JACKSONVILLE, FLORIDA, SUPPLEMENTING ORDINANCE 2006-888-E AUTHORIZING THE ISSUANCE OF ITS SPECIAL REVENUE BONDS, SERIES 2009B IN ONE OR MORE INSTALLMENTS IN AN AMOUNT NECESSARY TO PROVIDE NOT IN EXCESS OF $300,000,000 OF NET PROJECT FUNDS FOR THE PURPOSE OF FINANCING A PORTION OF THE REMAINING COST OF THE BETTER JACKSONVILLE PLAN AS DESCRIBED IN SECTION 761.102 OF THE ORDINANCE CODE OF THE CITY; ESTABLISHING CERTAIN TERMS OF SUCH BONDS; AUTHORIZING THE MAYOR TO AWARD THE SALE OF SAID BONDS ON A LIMITED COMPETITIVE BASIS, ON A NEGOTIATED BASIS,  OR AS A PRIVATE PLACEMENT, AS PROVIDED HEREIN; WAIVING THE PROVISIONS OF SECTION 104.211 (PROCEDURE FOR SALE OF BONDS) OF CHAPTER 104 (BONDS), ORDINANCE CODE, SO AS TO ALLOW FOR THE CITY TO AWARD THE SALE OF THE BONDS ON A LIMITED COMPETITIVE BASIS, ON A NEGOTIATED BASIS, OR AS A PRIVATE PLACEMENT; ESTABLISHING CRITERIA AND STANDARDS FOR SUCH SALE; AUTHORIZING THE PREPARATION OF PRELIMINARY AND FINAL OFFICIAL STATEMENTS AND/OR OFFERING MEMORANDA WITH RESPECT TO SUCH BONDS; AUTHORIZING CONTINUING DISCLOSURE UNDERTAKINGS WITH RESPECT TO SUCH BONDS; AUTHORIZING THE DESIGNATION OF A DEPUTY REGISTRAR AND PAYING AGENT AND THE PROVIDERS OF OTHER SERVICES WITH RESPECT TO SUCH BONDS; AUTHORIZING THE ACQUISITION OF CREDIT FACILITIES AND DEBT SERVICE RESERVE FUND PRODUCTS WITH RESPECT TO SUCH BONDS; PROVIDING CERTAIN ADDITIONAL DETAILS AND AUTHORIZATIONS IN CONNECTION THEREWITH INCLUDING AUTHORIZATION TO PAY THE BONDS FROM REVENUES DERIVED FROM THE BETTER JACKSONVILLE ½ CENT SALES SURTAX; AMENDING SECTION 1 OF ORDINANCE 2000-965-E RELATING TO APPROPRIATIONS FOR THE COSTS OF THE BETTER JACKSONVILLE PLAN; PROVIDING FOR PRO RATA REDUCTION IN AUTHORIZED BETTER JACKSONVILLE SALES TAX REVENUE BONDS; PROVIDING FOR REIMBURSEMENT OF ANY COVENANT REVENUES USED, FROM FUTURE INFRASTRUCTURE SALES TAX REVENUES; AND PROVIDING AN EFFECTIVE DATE.

 

Recommend to AMEND and APPROVE.

 

AYES - Bishop, Gaffney, Johnson, Jones, ( 4 )

 

NAYS - Graham, ( 1 )

_____________________

 

 

2ND  READINGS

 

7.    2009-515   AN ORDINANCE REGARDING SOLID WASTE SERVICE FEES, AND PART 5 (SOLID WASTE SERVICE FEE) OF CHAPTER 352 (WASTE COLLECTION AND DISPOSAL SERVICE BY CONTRACTORS AND CITY); ELIMINATING CERTAIN SOLID WASTE SERVICE FEES BY REPEALING ORDINANCE 2007-837-E; PROVIDING AN EFFECTIVE DATE

_____________________

 

8.    2009-516   AN ORDINANCE REGARDING STORMWATER MANAGEMENT AND CHAPTER 754 (STORMWATER MANAGEMENT UTILITY CODE); ELIMINATING CERTAIN STORMWATER MANAGEMENT FEES BY REPEALING ORDINANCES 2007-836-E AND 2008-129-E; PROVIDING AN EFFECTIVE DATE

_____________________

 

9.    2009-517   AN ORDINANCE RELATING TO THE JEA AND THE CHARTER; AMENDING ARTICLE 21 (JEA), IN COMPLIANCE WITH SECTION 21.11 OF SAID CHARTER, BY REPEALING ORDINANCE 2007-838-E; REPEALING THE PAYMENT OF FRANCHISE FEES; PROVIDING AN EFFECTIVE DATE

_____________________

 

10.    2009-552   AN ORDINANCE REALLOCATING $11,000,000 FROM THE TOTAL MAXIMUM DAILY LOADS (TMDL) INITIATIVE/RIVER ACCORD ACCOUNT TO VARIOUS BOND PROJECTS TO FACILITATE THE CONSTRUCTION OF SUCH PROJECTS, THE DESIGNS OF WHICH ARE NEARING COMPLETION, AS INITIATED BY B.T. 09-137; AMENDING THE 2008-2013 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E TO PROVIDE ADDITIONAL FUNDING FOR THE PROJECTS ENTITLED "VENETIA TERRACE", "LINCOLN VILLAS", "MANDARIN DRAINAGE (MANDARIN/ORANGE PICKERS)", "SANDALWOOD CANAL", AND "NEWTOWN PHASES III, IV, V & VI"; PROVIDING AN EFFECTIVE DATE

_____________________

 


11.    2009-561   AN ORDINANCE APPROPRIATING $79,960.00 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND FOR LANDSCAPE IMPROVMENTS ALONG SIBBALD ROAD BETWEEN SOUTEL DRIVE AND TROUT RIVER BOULEVARD; PROVIDING FOR PROCUREMENT DIRECTIVE; PROVIDING AN EFFECTIVE DATE

_____________________

 

12.    2009-563   AN ORDINANCE APPROVING THE CITY OF JACKSONVILLE'S ACQUISITION OF THOSE CERTAIN FEE PARCELS OF PROPERTY IDENTIFIED AS PARCELS 120 AND 120.1, A POND SITE, AND THAT CERTAIN EASEMENT PARCEL OF PROPERTY IDENTIFIED AS PARCEL 800, A DRAINAGE EASEMENT, COLLECTIVELY REAL ESTATE NUMBER 162131-0050, ALL ON SAN PABLO ROAD IN COUNCIL DISTRICT NUMBER 3, IN ACCORDANCE WITH THE TERMS OF THE CITY OF JACKSONVILLE REAL ESTATE DIVISION OPTION TO PURCHASE EXECUTED BY ISLE OF FAITH METHODIST CHURCH, INC. (SELLER) FOR $350,000, FOR THE PURPOSE OF CONSTRUCTING A RETENTION POND AND DRAINAGE FOR THE SAN PABLO ROAD RECONSTRUCTION BETTER JACKSONVILLE PROJECT; AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE ALL NECESSARY DOCUMENTS; PROVIDING AN EFFECTIVE DATE

_____________________

 

13.    2009-564   AN ORDINANCE AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE A DECLARATION OF RESTRICTIVE COVENANT BETWEEN THE CITY OF JACKSONVILLE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AND ANY OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE RESTRICTIVE COVENANT ALLOWING THE CITY TO SATISFY THE REQUIREMENTS OF FDEP AND THE ENVIRONMENTAL PROTECTION AGENCY (EPA) FOR CERTAIN REAL PROPERTY KNOWN AS THE COLEMAN EVANS SUPERFUND SITE; PROVIDING AN EFFECTIVE DATE

_____________________

 

14.    2009-565   AN ORDINANCE AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE A CITY DEED CONVEYING FEE SIMPLE TITLE TO PARCEL 102.1 PART A, A CITY OF JACKSONVILLE FEE SIMPLE PARCEL WITHIN THE EXISTING CITY RIGHT-OF-WAY OF OWENS ROAD, AND PARCEL 102.1 PART B, A CITY OF JACKSONVILLE FEE SIMPLE PARCEL WITHIN THE EXISTING CITY RIGHT-OF-WAY OF SUNDALE ROAD, BOTH IN COUNCIL DISTRICT 11, FROM THE CITY OF JACKSONVILLE TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), WHICH IS ACQUIRING THE RIGHTS-0F-WAY FOR THE PURPOSE OF EXTENDING STATE ROAD 243 (JIA NORTH ACCESS ROAD) FROM STATE ROAD 102 (AIRPORT ROAD) TO PECAN PARK ROAD; PROVIDING AN EFFECTIVE DATE

_____________________

 

15.    2009-566   AN ORDINANCE APPROVING THE TRANSFER, AT NO COST, OF A PORTION OF MERRILL ROAD LOCATED UNDER 9A AND THE SOUTHSIDE CONNECTOR, BETWEEN JANE STREET AND DAMES POINT CROSSING BOULEVARD, IN COUNCIL DISTRICT 1, TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), WHICH HAS BEEN MAINTAINING SUCH SECTION OF MERRILL ROAD AND DESIRES TO ADD THIS SECTION OF ROADWAY TO FUTURE STATE ROAD 116, THE WONDERWOOD EXPRESSWAY; PROVIDING AN EFFECTIVE DATE

_____________________

 

16.    2009-567   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF COMMONWEALTH AVENUE RIGHT-OF-WAY, AN UNOPENED AND UNIMPROVED RIGHT-OF-WAY NEAR THE INTERSECTION OF COMMONWEALTH AVENUE AND PRITCHARD ROAD, IN COUNCIL DISTRICT 8, ESTABLISHED BY COUNTY PETITION #271, AT THE REQUEST OF WESTLAKE LAND MANAGEMENT, INC. TO ALLOW FOR THE DEVELOPMENT OF THE WESTLAKE PROJECT; PROVIDING AN EFFECTIVE DATE

_____________________

 

17.    2009-568   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF THE MCALLISTER BOULEVARD RIGHT-OF-WAY, AN 80 FOOT UNOPENED AND UNIMPROVED RIGHT-OF-WAY, AND A PORTION OF THE ROSS BOULEVARD RIGHT-OF-WAY, A 40 FOOT UNOPENED AND UNIMPROVED RIGHT-OF-WAY, BOTH IN THE GARDEN CITY SUBDIVISION IN COUNCIL DISTRICT 11 AND ESTABLISHED AND RECORDED IN PLAT BOOK 5, PAGE 65 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF THE FLORIDA CONFERENCE OF SEVENTH DAY ADVENTISTS TO ALLOW FOR THE DEVELOPMENT OF ADJOINING PROPERTY; PROVIDING AN EFFECTIVE DATE

_____________________

 

18.    2009-569   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, THE CEDAR RIVER OUTFALL OPEN DITCH EASEMENT ("OPEN DITCH EASEMENT") ALONG A PORTION OF THE FORMER VICTORIA STREET, CLOSED AND ABANDONED BY ORDINANCE 2004-1287-E, IN COUNCIL DISTRICT 9, OBTAINED PURSUANT TO THE INSTRUMENT RECORDED IN O.R. BOOK 6671, PAGE 658 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF THE CITY'S ENGINEERING DIVISION, SUCH OPEN DITCH EASEMENT NO LONGER BEING NEEDED BY THE CITY OF JACKSONVILLE BECAUSE A NEW EASEMENT, PARALLEL AND ADJACENT TO THE OPEN DITCH EASEMENT HAS BEEN OBTAINED PURSUANT TO THE INSTRUMENT RECORDED IN O.R. BOOK 14686, PAGE 2471; PROVIDING AN EFFECTIVE DATE

_____________________

 

19.    2009-570   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, THE SOUTHERLY 10 FEET OF THE 20 FOOT EASEMENT IN LOT 22 OF THE LYON OAKS SUBDIVISION, IN COUNCIL DISTRICT 4, AS RECORDED IN PLAT BOOK 35, PAGES 87 AND 87A,  OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF THE APPLICANT, PHILIP WORTH, SO AS TO ALLOW THE APPLICANT TO GAIN CLEAR TITLE TO HIS PROPERTY BY ELIMINATING AN ENCROACHMENT SITUATION CREATED BY THE CONSTRUCTION OF HIS HOUSE OVER THE PROPOSED ABANDONED EASEMENT AREA; PROVIDING AN EFFECTIVE DATE

_____________________