TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

July 21,2009

 

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, July 21,2009. The meeting was called to order at 10:04 A.M. by Committee Chair Ronnie Fussell.  The meeting adjourned at 10:23 A.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                     CM Ronnie Fussell, Chair                                                   Juliette Williams, Legislative Aide

                     CM Art Graham, Vice Chair                                                 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                                                             Stephen Smith, Planning & Dev.

                      CM Glorious Johnson – Excused                                            Laurie Kattreh, Planning & Dev.  

         

 

 

 

 

 

 

 

 

 

Others in Attendance:

 


 

1.    2009-300   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A PERPETUAL EASEMENT GRANTING TO AT&T, AT NO COST, A PERPETUAL EASEMENT IN, OVER AND UNDER A PORTION OF ED AUSTIN PARK, IN COUNCIL DISTRICT 2, FOR INSTALLATION OF FIBER OPTIC CABLE SO AS TO PROVIDE SERVICE TO A PARCEL BEING LEASED FROM THE CITY BY THE POLICE ATHLETIC LEAGUE; PROVIDING AN EFFECTIVE DATE.; 4/7/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: July 21, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Fussell, Graham, Jones, ( 4 )

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2.    2009-447   AN ORDINANCE OF THE CITY OF JACKSONVILLE, FLORIDA, SUPPLEMENTING ORDINANCE 2006-888-E AUTHORIZING THE ISSUANCE OF ITS SPECIAL REVENUE BONDS, SERIES 2009C, IN ONE OR MORE INSTALLMENTS IN AN AMOUNT NECESSARY TO PROVIDE NOT IN EXCESS OF $40,000,000 OF NET PROJECT FUNDS (AS SUCH AMOUNT MAY BE REVISED FROM TIME TO TIME), TOGETHER WITH AN AMOUNT SUFFICIENT TO PROVIDE FOR THE REFUNDING OF ALL OR A PORTION OF THE CITY'S OUTSTANDING CAPITAL PROJECTS REVENUE BONDS, FOR THE PURPOSE OF (1) REFUNDING SUCH OUTSTANDING CAPITAL PROJECTS REVENUE BONDS; AND (2) FINANCING THE ACQUISITION AND CONSTRUCTION OF CERTAIN CAPITAL EQUIPMENT AND IMPROVEMENTS PREVIOUSLY AUTHORIZED BY ORDINANCE 2001-1333-E; ESTABLISHING CERTAIN TERMS OF SUCH BONDS; AUTHORIZING THE MAYOR TO AWARD THE SALE OF SAID BONDS ON A LIMITED COMPETITIVE BASIS, 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, AS A NEGOTIATED SALE, OR AS A PRIVATE PLACEMENT; ESTABLISHING CRITERIA AND STANDARDS FOR SUCH SALES; 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; DECLARING INTENT TO REIMBURSE; AMENDING ORDINANCE 2001-1333-E TO PROVIDE FOR REDUCTION IN AUTHORIZED CAPITAL PROJECTS REVENUE BONDS; PROVIDING CERTAIN ADDITIONAL DETAILS AND AUTHORIZATIONS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Graham, Jones, ( 4 )

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3.    2009-454   AN ORDINANCE DECLARING THAT CERTAIN PARCEL OF REAL PROPERTY (R.E.# 127852-0000) LOCATED ON DE KALB AVENUE AT ITS INTERSECTION WITH ENGLEWOOD AVENUE, IN COUNCIL DISTRICT 4, 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; PROVIDING AN EFFECTIVE DATE.; 6/16/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: July 20, 2009

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: July 21, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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4.    2009-457   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A PERPETUAL EASEMENT GRANTING A PERPETUAL EASEMENT TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION AND MAINTENANCE OF A TRAFFIC SIGNAL MAST ARM ASSEMBLY ON SOUTEL DRIVE AT THE ENTRANCE TO BOB HAYES PARK IN COUNCIL DISTRICT 10; PROVIDING AN EFFECTIVE DATE.; 6/16/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: July 21, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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5.    2009-458   AN ORDINANCE AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE A TEMPORARY EASEMENT GRANTING TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR A PERIOD OF 48 MONTHS, A TEMPORARY EASEMENT OVER PARCEL 700.1 IN COUNCIL DISTRICT 7 TO ALLOW FOR THE REMOVAL OF THE IMPERVIOUS SURFACE OF AN EXISTING ACCESS ROAD, STORM WATER DRAINAGE IMPROVEMENTS, AND THE TYING IN AND HARMONIZING OF DRIVEWAYS AND WALKWAYS WITH THE CONSTRUCTION TO BE UNDERTAKEN BY FDOT, AS PART OF THE 44TH STREET EXTENSION PROJECT; PROVIDING AN EFFECTIVE DATE.; 6/16/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: July 21, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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6.    2009-476   AN ORDINANCE APPROPRIATING $15,202 FROM TREE PROTECTION AND RELATED EXPENSES TRUST FUND  FOR LANDSCAPING OF THE BAYMEADOWS ROAD GATEWAY CONCEPT; PROVIDING FOR THE DEPARTMENT OF PUBLIC WORKS TO OVERSEE THE PROJECT; RECOGNIZING THE AUTHORIZED USE UNDER THE PROCUREMENT CODE OF THE CONTINUING CONTRACT WITH R-A-M PROFESSIONAL GROUP INC.; PROVIDING AN EFFECTIVE DATE; 6/16/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: July 20, 2009

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: July 21, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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7.    2009-492   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A 20 FOOT UNOBSTRUCTED DRAINAGE  EASEMENT IN, OVER AND UNDER THE SOUTHERN PORTION OF LOT 38 AND THE NORTHERN PORTION OF LOT 37, EXCEPTING OUT, HOWEVER, PORTIONS OF THE 15 FOOT AND 20 FOOT UNOBSTRUCTED DRAINAGE EASEMENTS CREATED BY THE PLAT OF BRENTWOOD PARK COMMUNITY, AS RECORDED IN PLAT BOOK 60, PAGES 116 THROUGH 120, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, NEAR THE INTERSECTION OF OAK ARBOR ROAD AND WOOD CREEK LANE, IN COUNCIL DISTRICT 7, AT THE REQUEST OF HABITAT FOR HUMANITY, IN ORDER TO ELIMINATE AN ENCROACHMENT SITUATION CREATED BY THE CONSTRUCTION OF A HOUSE OVER THE PROPOSED ABANDONED EASEMENT AREA; REQUESTING EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE.

 

Recommend to APPROVE as an EMERGENCY measure.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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8.    2009-464   AN ORDINANCE REGARDING AN HONORARY STREET DESIGNATION; ESTABLISHING AN HONORARY STREET DESIGNATION AND INSTALLATION OF A ROADWAY  MARKER ON RAINES VIKING WAY IN COUNCIL DISTRICT 10; HONORING AND RECOGNIZING THE ACHIEVEMENTS OF COACH JAMES DAY; PROVIDING FOR CONFORMANCE WITH PART I (GENERAL PROVISIONS) OF CHAPTER 745, (ADDRESSING AND STREET NAMING REGULATIONS) ORDINANCE CODE; APPROPRIATING $200.00 FROM THE SPECIAL COUNCIL CONTINGENCY ACCOUNT TO FUND THE INSTALLATION OF THE MARKER; WAIVING THE REQUIREMENTS OF SECTION 745.105(e)(2), ORDINANCE CODE, REGARDING PERSONS WHO HONORARY STREET DESIGNATION MAY BE NAMED AFTER; DIRECTING LEGISLATIVE SERVICES TO FORWARD ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE.; 6/16/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: July 20, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON FINANCE: July 20, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: July 21, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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9.    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.

 

Recommend to AMEND and READ 2ND & REREFER to the Committee(s) of reference.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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2ND READINGS

 

 

10.    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.

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11.    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.

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12.    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.

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13.    2009-499   AN ORDINANCE ESTABLISHING AUTHORITY FOR ISSUANCE OF BONDS, PROVIDING CERTAIN DEFINITIONS AND MAKING FINDINGS; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $360,000,000 BETTER JACKSONVILLE SALES TAX REVENUE BONDS TO REFUND OUTSTANDING SPECIAL REVENUE BONDS OF THE CITY ISSUED TO PARTIALLY FUND THE COST OF THE BETTER JACKSONVILLE PLAN PROJECTS DESCRIBED IN SECTION 761.102 OF THE ORDINANCE CODE OF THE CITY; PROVIDING FOR PAYMENT OF THE BONDS FROM THE BETTER JACKSONVILLE ½ CENT SALES SURTAX REVENUES; PROVIDING FOR THE RIGHTS OF THE BONDHOLDERS AND FOR CERTAIN OTHER COVENANTS AND AGREEMENTS, INCLUDING SPECIAL PROVISIONS RELATING TO REIMBURSEMENT OBLIGATIONS; PROVIDING FOR SECURITY FOR THE BONDS; AUTHORIZING VALIDATION OF THE BONDS; AMENDING ORDINANCE 2001-431-E TO INCREASE THE REVENUE REQUIRED TO ISSUE BONDS THEREUNDER; PROVIDING AN EFFECTIVE DATE.

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14.    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.

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